Federal Register / Vol. 75, No. 46 / Wednesday, March 10, 2010 / Proposed Rules 11077 

efficiently complete the tasks 

necessitated by the rule. 

Regulatory Analyses and Notices 

A. Executive Order 12866 (Regulatory 

Planning and Review) and DOT 

Regulatory Policies and Procedures 

This rulemaking action is not a 

significant regulatory action under 

Executive Order 12866 and the 

Department of Transportation’s 

Regulatory Policies and Procedures. 

Accordingly, this rule has not been 

reviewed by the Office of Management 

and Budget (OMB). 

B. Regulatory Flexibility Act 

Pursuant to section 605 of the 

Regulatory Flexibility Act (RFA), 5 

U.S.C. 605(b), as amended by the Small 

Business Regulatory Enforcement and 

Fairness Act of 1996 (SBREFA), DOT 

certifies that this rulemaking will not 

have a significant impact on a 

substantial number of small entities. 

The NPRM would impose no duties or 

obligations on small entities. 

C. Executive Order 13132 (Federalism) 

This action will not have a substantial 

direct effect on the States, on the 

relationship between the national 

Government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government, and therefore will 

not have federalism implications. 

D. Executive Order 13084 

This notice has been analyzed in 

accordance with the principles and 

criteria contained in Executive Order 

13084 (‘‘Consultation and Coordination 

with Indian Tribal Governments’’). 

Because the provision on which we are 

seeking comment would not 

significantly or uniquely affect the 

communities of the Indian tribal 

governments or impose substantial 

direct compliance costs on them, the 

funding and consultation requirements 

of Executive Order 13084 do not apply. 

E. Paperwork Reduction Act 

The Paperwork Reduction Act of 1995 

(PRA) (44 U.S.C. 3501 et seq.) requires 

that DOT consider the impact of 

paperwork and other information 

collection burdens imposed on the 

public and, under the provisions of PRA 

section 3507(d), obtain approval from 

the Office of Management and Budget 

(OMB) for each collection of 

information it conducts, sponsors, or 

requires through regulations. DOT has 

determined that there are no new 

information collection requirements 

associated with this NPRM. The NPRM 

merely proposes to provide an 

additional 45 days to comply with a 

regulatory provision whose paperwork 

impact has already been analyzed by the 

Department. 

F. Unfunded Mandates Reform Act 

The Department has determined that 

the requirements of Title II of the 

Unfunded Mandates Reform Act of 1995 

do not apply to this rulemaking. 

Issued this 5th day of March 2009, in 

Washington, DC. 

Ray LaHood, 

Secretary of Transportation. 

List of Subjects in 14 CFR Part 234 

Air carriers, Consumer protection, 

Reporting and recordkeeping 

requirements. 

For the reasons set forth in the 

preamble, the Department proposes to 

amend the final rule published 

December 30, 2009, at 74 FR 68983, 

effective April 29, 2010, amending Title 

14, Chapter II, Subchapter A, part 234, 

as follows: 

PART 234—AIRLINE SERVICE 

QUALITY PERFORMANCE REPORTS 

1. The authority citation for Part 234 

continues to read as follows: 

Authority: 49 U.S.C. 329 and chapters 401 

and 417. 

2. In the final rule published 

December 30, 2009, at 74 FR 68983, 

effective April 29, 2010, § 234.11 is 

amended by adding paragraph (d) to 

read as follows: 

§ 234.11 Disclosure to consumers. 

* * * * * 

(d) A reporting carrier must meet the 

requirements of paragraphs (b) and (c) of 

this section by June 14, 2010. 

[FR Doc. 2010–5244 Filed 3–9–10; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF JUSTICE 

28 CFR Part 115 

[Docket No. OAG–131; AG Order No. 3143– 

2010] 

RIN 1105–AB34 

National Standards To Prevent, Detect, 

and Respond to Prison Rape 

AGENCY: Department of Justice. 

ACTION: Advance notice of proposed 

rulemaking. 

SUMMARY: The Department of Justice 

(Department) is reviewing national 

standards for enhancing the prevention, 

detection, and response to sexual abuse 

in confinement settings that were 

prepared by the National Prison Rape 

Elimination Commission (Commission) 

pursuant to the Prison Rape Elimination 

Act of 2003 (PREA) and recommended 

by the Commission to the Attorney 

General. The Department is issuing this 

Advance Notice of Proposed 

Rulemaking to solicit public input on 

the Commission’s proposed national 

standards and to receive information 

useful to the Department in publishing 

a final rule adopting national standards 

for the detection, prevention, reduction, 

and punishment of prison rape, as 

mandated by PREA. 

DATES: Written comments must be 

postmarked on or before May 10, 2010, 

and electronic comments must be sent 

on or before midnight Eastern Time May 

10, 2010. 

ADDRESSES: To ensure proper handling 

of comments, please reference ‘‘Docket 

No. OAG–131’’ on all written and 

electronic correspondence. Written 

comments being sent via regular or 

express mail should be sent to Robert 

Hinchman, Senior Counsel, Office of 

Legal Policy, Department of Justice, 950 

Pennsylvania Avenue, NW., Room 4252, 

Washington, DC 20530. Comments may 

also be sent electronically through 

http://www.regulations.gov using the 

electronic comment form provided on 

that site. An electronic copy of this 

document is also available at the 

http://www.regulations.gov Web site. 

The Department will accept attachments 

to electronic comments in Microsoft 

Word, WordPerfect, Adobe PDF, or 

Excel file formats only. The Department 

will not accept any file formats other 

than those specifically listed here. 

Please note that the Department is 

requesting that electronic comments be 

submitted before midnight Eastern Time 

on the day the comment period closes 

because http://www.regulations.gov 

terminates the public’s ability to submit 

comments at midnight Eastern Time on 

the day the comment period closes. 

Commenters in time zones other than 

Eastern Time may want to consider this 

so that their electronic comments are 

received. All comments sent via regular 

or express mail will be considered 

timely if postmarked on the day the 

comment period closes. 

FOR FURTHER INFORMATION CONTACT: 

Robert Hinchman, Senior Counsel, 

Office of Legal Policy, Department of 

Justice, 950 Pennsylvania Avenue, NW., 

Room 4252, Washington, DC 20530; 

telephone: (202) 514–8059. This is not 

a toll-free number. 

SUPPLEMENTARY INFORMATION: Posting of 

Public Comments: Please note that all 

comments received are considered part 

of the public record and made available 


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11078 Federal Register / Vol. 75, No. 46 / Wednesday, March 10, 2010 / Proposed Rules 

for public inspection online at 

www.regulations.gov and in the 

Department’s public docket. Such 

information includes personal 

identifying information (such as your 

name, address, etc.) voluntarily 

submitted by the commenter. 

If you want to submit personal 

identifying information as part of your 

comment, but do not want it to be 

posted online or made available in the 

public docket, you must include the 

phrase ‘‘PERSONAL IDENTIFYING 

INFORMATION’’ in the first paragraph 

of your comment. You must also place 

all the personal identifying information 

you do not want posted online or made 

available in the public docket in the first 

paragraph of your comment and identify 

what information you want redacted. 

If you want to submit confidential 

business information as part of your 

comment, but do not want it to be 

posted online or made available in the 

public docket, you must include the 

phrase ‘‘CONFIDENTIAL BUSINESS 

INFORMATION’’ in the first paragraph 

of your comment. You must also 

prominently identify confidential 

business information to be redacted 

within the comment. If a comment has 

so much confidential business 

information that it cannot be effectively 

redacted, all or part of that comment 

may not be posted online or made 

available in the public docket. 

Personal identifying information and 

confidential business information 

identified and located as set forth above 

will be redacted and the comment, in 

redacted form, will be posted online and 

placed in the Department’s public 

docket file. Please note that the Freedom 

of Information Act applies to all 

comments received. If you wish to 

inspect the agency’s public docket file 

in person by appointment, please see 

the instructions at the FOR FURTHER

INFORMATION CONTACT caption. 

Background 

The Prison Rape Elimination Act of 

2003, 42 U.S.C. 15601 et seq., requires 

the Attorney General to promulgate 

regulations that adopt national 

standards for the detection, prevention, 

reduction, and punishment of prison 

rape. PREA established the Commission 

to carry out a comprehensive legal and 

factual study of the penological, 

physical, mental, medical, social, and 

economic impacts of prison rape in the 

United States, and to provide to the 

Attorney General and the Secretary of 

Health and Human Services national 

standards for enhancing the detection, 

prevention, reduction, and punishment 

of prison rape. The Commission 

published its recommended national 

standards in a report dated June 23, 

2009. The Commission’s report and 

recommended national standards are 

available at http://www.ncjrs.gov/ 

pdffiles1/226680.pdf. The Commission 

set forth four sets of recommended 

national standards for eliminating 

prison rape and other forms of sexual 

abuse applicable to (1) Adult prisons 

and jails, including facilities with 

immigration detainees; (2) juvenile 

facilities; (3) community corrections; 

and (4) lockups (i.e., temporary holding 

facilities). The Commission’s proposed 

standards apply to federal, state, and 

local correctional and detention 

facilities. The standards developed by 

the Commission for each category of 

confinement facility address prevention 

and response planning; prevention; 

detection and response; and monitoring. 

Each standard developed by the 

Commission contains requirements that 

the Commission believes should be 

mandatory. Accompanying each 

standard is an assessment checklist, 

which is not considered mandatory by 

the Commission but is designed as a 

tool to provide agencies and facilities 

with examples of how to meet the 

requirements of the standards. The 

Commission’s assessment checklists, 

along with a glossary of terms and 

discussion sections providing 

explanations for the rationale of the 

standards and, in some cases, guidance 

for achieving compliance, are available 

at http://www.ncjrs.gov/pdffiles1/ 

226682.pdf (adult prisons and jails), 

http://www.ncjrs.gov/pdffiles1/ 

226684.pdf (juvenile facilities), http:// 

www.ncjrs.gov/pdffiles1/226683.pdf 

(community corrections), and http:// 

www.ncjrs.gov/pdffiles1/226685.pdf 

(lockups). 

Pursuant to PREA, the final rule 

adopting national standards ‘‘shall be 

based upon the independent judgment 

of the Attorney General, after giving due 

consideration to the recommended 

national standards provided by the 

Commission * * * and being informed 

by such data, opinions, and proposals 

that the Attorney General determines to 

be appropriate to consider.’’ 42 U.S.C. 

15607(a)(2). PREA expressly mandates 

that the Department shall not establish 

a national standard ‘‘that would impose 

substantial additional costs compared to 

the costs presently expended by 

Federal, State, and local prison 

authorities.’’ 42 U.S.C. 15607(a)(3). The 

Department ‘‘may, however, provide a 

list of improvements for consideration 

by correctional facilities.’’ 42 U.S.C. 

15607(a)(3). 

PREA Working Group 

The Attorney General has established 

a PREA Working Group to review each 

of the Commission’s proposed standards 

and to prepare a draft final rule. The 

Working Group includes representatives 

from a wide range of Department 

components, including the Bureau of 

Justice Assistance, the Bureau of Justice 

Statistics, the Federal Bureau of Prisons, 

the Civil Rights Division, the National 

Institute of Corrections, the National 

Institute of Justice, the Office of Legal 

Policy, the Office of Legislative Affairs, 

the Office of Juvenile Justice and 

Delinquency Prevention, the Office of 

Justice Programs, the Office for Victims 

of Crime, and the Office on Violence 

Against Women. The Working Group is 

completing an in-depth initial review of 

the standards proposed by the 

Commission, and is currently examining 

whether the Department may be able to 

implement certain standards on an 

interim basis before a final rule is 

published. 

The Working Group has conducted a 

number of listening sessions, at which 

a wide variety of individuals and groups 

have provided preliminary input prior 

to the start of the regulatory process. 

Participants have included 

representatives of state and local prisons 

and jails, juvenile facilities, community 

corrections programs, lockups, state and 

local sexual abuse associations and 

service providers, national advocacy 

groups, survivors of prison rape, and 

members of the Commission. 

Because PREA prohibits the 

Department from establishing a national 

standard that would impose substantial 

additional costs compared to the costs 

presently expended by federal, state, 

and local prison authorities, 42 U.S.C. 

15607(a)(3), the Department must 

carefully examine the potential cost 

implications of the standards proposed 

by the Commission. Accordingly, the 

Department has commissioned an 

independent contractor to perform a 

cost analysis of the Commission’s 

proposed standards. The contractor is 

expected to complete the cost analysis 

in the coming months. 

The Department is also working to 

address the other recommendations put 

forth by the Commission. For example, 

the Attorney General has designated a 

Senior Counsel in the Office of the 

Deputy Attorney General to monitor and 

coordinate the Department’s PREA 

implementation efforts. The Department 

is also in the process of developing a 

corollary to the 2004 ‘‘National Protocol 

for Sexual Assault Medical Forensic 

Examinations’’ that will be customized 

to the conditions of confinement. In 


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Federal Register / Vol. 75, No. 46 / Wednesday, March 10, 2010 / Proposed Rules 11079 

addition, via a separate rulemaking 

process, the Department intends to 

remove the current ban on Victims of 

Crime Act funding for treatment and 

rehabilitation services for incarcerated 

victims of sexual abuse. 

The Department’s Request for 

Comments 

The Department is soliciting public 

input on the Commission’s proposed 

national standards. The Department 

welcomes all comments, including any 

comments addressing specific standards 

proposed by the Commission. In 

addition, the Department specifically 

requests comments regarding three 

general questions listed below. 

1. The Commission’s proposed 

standards are intended to prevent, 

detect, and respond to ‘‘sexual abuse,’’ 

which is defined in the glossary that 

precedes each checklist. PREA directed 

the Department to publish a final rule 

adopting national standards for the 

detection, prevention, reduction, and 

punishment of prison ‘‘rape,’’ which is 

defined in section 10 of Public Law 

108–79 (42 U.S.C. 15609(9)). What 

would be the implications of referring to 

one term as opposed to the other in the 

Department’s consideration of the 

Commission’s proposed national 

standards? 

2. PREA mandates that the Attorney 

General shall not establish a national 

standard ‘‘that would impose substantial 

additional costs compared to the costs 

presently expended by Federal, State 

and local prison authorities.’’ Would any 

of the Commission’s proposed standards 

impose ‘‘substantial additional costs’’? 

How should any such standards be 

revised so as not to impose such costs? 

The Department welcomes all cost data 

or cost estimations that would help it 

determine whether particular proposed 

standards would—or would not— 

impose substantial additional costs. In 

assessing costs, please consider whether 

and to what extent implementation of 

particular standards would mitigate 

costs currently expended. 

3. Should the Department consider 

differentiating within any of the four 

categories of facilities for which the 

Commission proposed standards (i.e., 

adult prisons and jails; juvenile 

facilities; community corrections 

facilities; and lockups) with compliance 

requirements dependent on size, 

personnel or resource limitations, or any 

other factors? 

Regulatory Certifications 

This action is an Advance Notice of 

Proposed Rulemaking (ANPRM). 

Accordingly, the requirement of 

Executive Order 12866 to assess the 

costs and benefits of this action does not 

apply. Similarly, the requirements of 

section 603 of the Regulatory Flexibility 

Act do not apply to this action because, 

at this stage, it is an ANPRM and not a 

‘‘rule’’ as defined in section 601 of the 

Regulatory Flexibility Act. Following 

review of the comments received to this 

ANPRM, as the Department promulgates 

a Notice of Proposed Rulemaking 

regarding this issue, the Department 

will conduct all analyses required by 

the Regulatory Flexibility Act, Executive 

Order 12866, and any other statutes or 

Executive Orders relevant to those rules 

and in effect at the time of 

promulgation. 

Dated: March 3, 2010. 

Eric H. Holder, Jr., 

Attorney General. 

[FR Doc. 2010–4907 Filed 3–9–10; 8:45 am] 

BILLING CODE 44120–05–P; 4410–18–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 131 

[EPA–HQ–OW–2009–0596; FRL–9125–7] 

RIN 2040–AF11 

Extension of Public Comment Period 

for Water Quality Standards for the 

State of Florida’s Lakes and Flowing 

Waters 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule; extension of the 

public comment period. 

SUMMARY: On January 14, 2010, EPA 

signed a proposed rule entitled ‘‘Water 

Quality Standards for the State of 

Florida’s Lakes and Flowing Waters.’’ 

On January 26, 2010 (75 FR 4174), EPA 

published this proposed rule. Written 

comments on the proposed rulemaking 

were to be submitted to EPA on or 

before March 29, 2010 (a 60-day public 

comment period). Since publication, the 

Agency has received several requests for 

additional time to submit comments. 

Therefore, EPA is extending the public 

comment period for 30 days. 

DATES: Comments must be received on 

or before April 28, 2010. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

OW–2009–0596, by one of the following 

methods: 

1. http://www.regulations.gov: Follow 

the on-line instructions for submitting 

comments. 

2. E-mail: ow-docket@epa.gov. 

3. Mail to: Water Docket, U.S. 

Environmental Protection Agency, Mail 

code: 2822T, 1200 Pennsylvania 

Avenue, NW., Washington, DC 20460, 

Attention: Docket ID No. EPA–HQ–OW– 

2009–0596. 

4. Hand Delivery: EPA Docket Center, 

EPA West Room 3334, 1301 

Constitution Avenue, NW., Washington, 

DC 20004, Attention Docket ID No. 

EPA–HQ–OW–2009–0596. Such 

deliveries are only accepted during the 

Docket’s normal hours of operation, and 

special arrangements should be made 

for deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–HQ–OW–2009– 

0596. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at http:// 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through http:// 

www.regulations.gov or e-mail. The 

http://www.regulations.gov Web site is 

an ‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an e-mail comment directly 

to EPA without going through http:// 

www.regulations.gov your e-mail 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. For additional information 

about EPA’s public docket visit the EPA 

Docket Center homepage at http:// 

www.epa.gov/epahome/dockets.htm. 

Docket: All documents in the docket 

are listed in the http:// 

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available, e.g., CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

will be publicly available only in hard 

copy. Publicly available docket 

materials are available either 

electronically in www.regulations.gov or 


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