Federal Register / Vol. 74, No. 173 / Wednesday, September 9, 2009 / Notices 46479 

work on any or all of its identified 

priorities by the statutory deadline of 

May 1, 2010. Accordingly, it may be 

necessary to continue work on any or all 

of these issues beyond the amendment 

cycle ending on May 1, 2010. 

As so prefaced, the Commission has 

identified the following priorities: 

(1) Continuation of its efforts, in light 

of recent Supreme Court jurisprudence 

and pursuant to the Commission’s 

ongoing authority and responsibility 

under 28 U.S.C. 995(a)(21), to solicit 

information regarding Federal 

sentencing practices, including through 

ongoing regional public hearings. The 

Commission has held regional public 

hearings in Atlanta, GA (February 10– 

11, 2009), Palo Alto, CA (May 27–28, 

2009), and New York, NY (July 9–10, 

2009), and intends to hold additional 

regional public hearings in Chicago, IL 

(September 9–10, 2009), Denver, CO 

(October 20–21, 2009), Austin, TX 

(November 19–20, 2009), and Phoenix, 

AZ (January 20–21, 2010). The 

Commission is soliciting information at 

these regional public hearings on topics 

that include the manner in which 

United States v. Booker and subsequent 

Supreme Court decisions have affected 

Federal sentencing practices and 

appellate review of those practices, the 

role of the Federal sentencing 

guidelines, and recommendations, if 

any, for appropriate revisions to Federal 

sentencing policy. The Commission 

anticipates that it will compile and 

publish the information and testimony 

received at these regional public 

hearings and issue a report with respect 

to its findings. 

(2) Continuation of its work on 

Federal sentencing policy with the 

congressional, executive, and judicial 

branches of the government, and other 

interested parties, in light of United 

States v. Booker and subsequent 

Supreme Court decisions, possibly 

including (A) an evaluation of the 

impact of those decisions on the Federal 

sentencing guideline system; (B) 

development of amendments to the 

Federal sentencing guidelines; (C) 

development of recommendations for 

legislation regarding Federal sentencing 

policy; (D) a study of, and possible 

report to Congress on, statutory 

mandatory minimum penalties, 

including a review of the operation of 

the ‘‘safety valve’’ provision at 18 U.S.C. 

3553(e); and (E) a study and report on 

the appellate standard of review 

applicable to post-Booker Federal 

sentencing decisions. 

(3) A review of departures within the 

guidelines, including (A) a review of the 

extent to which pertinent statutory 

provisions prohibit, discourage, or 

encourage certain factors as forming the 

basis for departure from the guideline 

sentence; and (B) possible revisions to 

the departure provisions in the 

Guidelines Manual, including in 

Chapter Two and in Parts H and K of 

Chapter Five, in light of that review and 

any other information coming to the 

Commission’s attention, as well as 

potential technical and conforming 

amendments to the Guidelines Manual 

to facilitate ease of use. 

(4) Continued study of, and a possible 

report on, alternatives to incarceration, 

including (A) a study of sentencing 

alternatives that may be appropriate at 

the time of the original sentencing; and 

(B) consideration of any potential 

changes to the zones incorporated in the 

Sentencing Table in Chapter Five and/ 

or other changes to the guidelines that 

might be appropriate in light of the 

information obtained from that study. 

(5) Continuation of its work with 

Congress and other interested parties on 

cocaine sentencing policy to implement 

the recommendations set forth in the 

Commission’s 2002 and 2007 reports to 

Congress, both entitled Cocaine and 

Federal Sentencing Policy, and to 

develop appropriate guideline 

amendments in response to any related 

legislation. 

(6) Continuation of its multi-year 

study of the statutory and guideline 

definitions of *crime of violence*, 

*aggravated felony*, *violent felony*, 

and *drug trafficking crime*, including 

an examination of relevant circuit 

conflicts regarding whether any offense 

is categorically a *crime of violence*, 

*aggravated felony*, *violent felony*, 

or *drug trafficking crime* for purposes 

of triggering an enhanced sentence 

under certain Federal statutes and 

guidelines. This study may culminate in 

guideline amendments and/or a report 

to Congress recommending statutory 

changes. 

(7) Resolution of circuit conflicts, 

pursuant to the Commission’s 

continuing authority and responsibility, 

under 28 U.S.C. 991(b)(1)(B) and 

Braxton v. United States, 500 U.S. 344 

(1991), to resolve conflicting 

interpretations of the guidelines by the 

Federal courts. 

(8) Multi-year review of the guidelines 

and their application to human rights 

offenses, including genocide under 18 

U.S.C. 1091, war crimes under 18 U.S.C. 

2441, torture and maiming to commit 

torture under 18 U.S.C. 2340A and 114, 

respectively, and child soldier offenses 

under 18 U.S.C. 2442, and possible 

promulgation of guidelines or guideline 

amendments with respect to these 

offenses. 

(9) Review of child pornography 

offenses, and possible promulgation of 

guideline amendments and/or a report 

to Congress as a result of such review. 

It is anticipated that any such report 

would include (A) a review of the 

incidence of, and reasons for, departures 

and variances from the guideline 

sentence; (B) a compilation of studies 

on, and analysis of, recidivism by child 

pornography offenders; and (C) 

recommendations to Congress on any 

statutory changes that may be 

appropriate. 

(10) Consideration of miscellaneous 

guideline application issues including 

(A) clarification of the extent to which 

restitution is mandatory or discretionary 

in various circumstances; (B) 

examination of, and possible guideline 

amendments relating to, the 

computation of criminal history points 

under § 4A1.1(e); and (C) other 

miscellaneous issues coming to the 

Commission’s attention from case law 

and other sources. 

(11) Implementation of crime 

legislation enacted during the 111th 

Congress warranting a Commission 

response. 

Authority: 28 U.S.C. 994(a), (o); USSC 

Rules of Practice and Procedure 5.2. 

Ricardo H. Hinojosa, 

Acting Chair. 

[FR Doc. E9–21720 Filed 9–8–09; 8:45 am] 

BILLING CODE 2211–01–P 

UNITED STATES SENTENCING 

COMMISSION 

Sentencing Guidelines for United 

States Courts 

AGENCY: United States Sentencing 

Commission. 

ACTION: Notice of final action regarding 

technical and conforming amendments 

to Federal sentencing guidelines 

effective November 1, 2009. 

SUMMARY: On May 1, 2009, the 

Commission submitted to Congress 

amendments to the Federal sentencing 

guidelines and published these 

amendments in the Federal Register on 

May 8, 2009. See 74 FR 21750. The 

Commission has made technical and 

conforming amendments, set forth in 

this notice, to commentary provisions 

related to those amendments. 

DATES: The Commission has specified 

an effective date of November 1, 2009, 

for the amendments set forth in this 

notice. 

FOR FURTHER INFORMATION CONTACT: 

Michael Courlander, Public Affairs 

Officer, Telephone: (202) 502–4590. 


cprice-sewell on DSK2BSOYB1PROD with NOTICES
46480 Federal Register / Vol. 74, No. 173 / Wednesday, September 9, 2009 / Notices 

SUPPLEMENTARY INFORMATION: The 

United States Sentencing Commission, 

an independent commission in the 

judicial branch of the United States 

government, is authorized by 28 U.S.C. 

994(a) to promulgate sentencing 

guidelines and policy statements for 

Federal courts. Section 994 also directs 

the Commission to review and revise 

periodically promulgated guidelines 

and authorizes it to submit guideline 

amendments to Congress not later than 

the first day of May each year. See 28 

U.S.C. 994(o), (p). Absent an affirmative 

disapproval by Congress within 180 

days after the Commission submits its 

amendments, the amendments become 

effective on the date specified by the 

Commission (typically November 1 of 

the same calendar year). See 28 U.S.C. 

994(p). 

Unlike amendments made to 

sentencing guidelines, amendments to 

commentary may be made at any time 

and are not subject to congressional 

review. To the extent practicable, the 

Commission endeavors to include 

amendments to commentary in any 

submission of guideline amendments to 

Congress. Occasionally, however, the 

Commission determines that technical 

and conforming changes to commentary 

are necessary. This notice sets forth 

technical and conforming amendments 

to commentary that will become 

effective on November 1, 2009. 

Authority: USSC Rules of Practice and 

Procedure 4.1. 

Ricardo H. Hinojosa, 

Acting Chair, Technical and Conforming 

Amendments. 

1. Amendment: The Commentary to 

§ 2A6.2 captioned ‘‘Application Notes’’ 

is amended in Note 4 in the second 

paragraph by striking ‘‘2’’ after ‘‘Note’’ 

and inserting ‘‘3’’. 

The Commentary to § 2B1.1 captioned 

‘‘Application Notes’’, as amended by 

Amendment 1 submitted to Congress on 

May 1, 2009 (74 FR 21750), is further 

amended in Note 1, in the paragraph 

that begins ‘‘’Personal information’ 

means’’, by striking ‘‘(i)’’ and inserting 

‘‘(A)’’; by striking ‘‘(ii)’’ and inserting 

‘‘(B)’’; by striking ‘‘(iii)’’ and inserting 

‘‘(C)’’; by striking ‘‘(iv)’’ and inserting 

‘‘(D)’’; by striking ‘‘(v)’’ and inserting 

‘‘(E)’’; by striking ‘‘(vi)’’ and inserting 

‘‘(F)’’; and by striking ‘‘(vii)’’ and 

inserting ‘‘(G)’’. 

The Commentary to § 2B1.1 captioned 

‘‘Application Notes’’ is amended in 

Note 3(F)(iii) by striking ‘‘276a’’ and 

inserting ‘‘3142’’. 

The Commentary to § 2B1.1 captioned 

‘‘Application Notes’’ is amended in 

Note 4(C)(iii) by striking ‘‘his’’ and 

inserting ‘‘the addressee’s’’. 

The Commentary to § 2B1.1 captioned 

‘‘Application Notes’’ is amended in 

Note 7(E) by striking ‘‘enhancements’’ 

and inserting ‘‘Chapter Three 

Adjustments’’. 

The Commentary to § 2B1.1 captioned 

‘‘Application Notes’’ is amended in 

Note 8(C) by striking ‘‘Enhancement’’ 

and inserting ‘‘Chapter Three 

Adjustment’’. 

The Commentary to § 2B1.1 captioned 

‘‘Application Notes’’ is amended in 

Note 9 by striking the paragraph that 

begins ‘‘ ‘Telecommunications service’ 

has the meaning’’; and by inserting after 

the paragraph that begins ‘‘ ‘Produce’ 

includes manufacture’’ the following: 

‘‘ ‘Telecommunications service’ has 

the meaning given that term in 18 U.S.C. 

1029(e)(9).’’. 

The Commentary to § 2B1.1 captioned 

‘‘Application Notes’’, as amended by 

Amendment 1 submitted to Congress on 

May 1, 2009 (74 FR 21750), is further 

amended in Note 14(A) by striking ‘‘this 

subsection’’ and inserting ‘‘subsection 

(b)(17)’’; in the paragraph that begins 

‘‘ ‘Commodities law’ ’’ by striking 

‘‘Commodities’’ before ‘‘Exchange’’ and 

inserting ‘‘Commodity’’; by striking 

‘‘Commodities’’ before ‘‘Futures’’ and 

inserting ‘‘Commodity’’; 

In the paragraph that begins 

‘‘ ‘Commodity pool operator’ ’’ by 

striking ‘‘(4)’’ and inserting ‘‘(5)’’ each 

place it appears; by striking 

‘‘Commodities’’ and inserting 

‘‘Commodity’’; 

In the paragraph that begins 

‘‘ ‘Commodity trading advisor’ ’’ by 

striking ‘‘(5)’’ and inserting ‘‘(6)’’ each 

place it appears; by striking 

‘‘Commodities’’ and inserting 

‘‘Commodity’’; 

In the paragraph that begins ‘‘ ‘Futures 

commission merchant’ ’’ by striking 

‘‘Commodities’’ and inserting 

‘‘Commodity’’; 

In the paragraph that begins 

‘‘ ‘Introducing broker’ ’’ by striking 

‘‘Commodities’’ and inserting 

‘‘Commodity’’; 

In the paragraph that begins 

‘‘ ‘Investment adviser’ ’’ by inserting 

‘‘(a)(11)’’ after ‘‘202’’; 

In the paragraph that begins ‘‘ ‘Person 

associated with a broker or dealer’ ’’ by 

striking ‘‘(48)’’ and inserting ‘‘(18)’’; 

and in the paragraph that begins 

‘‘ ‘Person associated with an investment 

adviser’ ’’ by inserting ‘‘(a)(17)’’ after 

‘‘202’’. 

The Commentary to § 2D1.6 captioned 

‘‘Application Notes’’ is amended in 

Note 1 by inserting ‘‘a minimum offense 

level of 8 where the offense involves 

flunitrazepam (§ 2D1.1(c)(16));’’ after 

‘‘(§ 2D1.1(c)(14));’’. 

The Commentary to § 2G1.1 captioned 

‘‘Application Notes’’ is amended in 

Note 1 in the paragraph that begins 

‘‘ ‘Commercial sex act’ ’’ by striking 

‘‘(c)(1)’’ and inserting ‘‘(e)(3)’’. 

The Commentary to § 2G1.3 captioned 

‘‘Application Notes’’ is amended in 

Note 1 in the paragraph that begins 

‘‘ ‘Commercial sex act’ ’’ by striking 

‘‘(c)(1)’’ and inserting ‘‘(e)(3)’’. 

The Commentary to § 2G2.1 captioned 

‘‘Statutory Provisions’’ is amended by 

striking ‘‘(b)’’ and inserting ‘‘(a)’’. 

The Commentary to § 2H3.1 captioned 

‘‘Application Notes’’, as amended by 

Amendment 1 submitted to Congress on 

May 1, 2009 (74 FR 21750), is further 

amended in Note 4, in the paragraph 

that begins ‘‘ ‘Personal information’ 

means’’, by striking ‘‘(i)’’ and inserting 

‘‘(A)’’; by striking ‘‘(ii)’’ and inserting 

‘‘(B)’’; by striking ‘‘(iii)’’ and inserting 

‘‘(C)’’; by striking ‘‘(iv)’’ and inserting 

‘‘(D)’’; by striking ‘‘(v)’’ and inserting 

‘‘(E)’’; by striking ‘‘(vi)’’ and inserting 

‘‘(F)’’; and by striking ‘‘(vii)’’ and 

inserting ‘‘(G)’’. 

The Commentary to § 2H3.1 captioned 

‘‘Application Notes’’ is amended in 

Note 5 by striking ‘‘(i)’’ and inserting 

‘‘(A)’’; and by striking ‘‘(ii)’’ and 

inserting ‘‘(B)’’. 

The Commentary to § 2J1.5 captioned 

‘‘Statutory Provisions’’ is amended by 

striking ‘‘Provision’’ and inserting 

‘‘Provisions’’; and by striking ‘‘(2)’’ and 

inserting ‘‘(1)(B)’’. 

The Commentary to § 2J1.5 captioned 

‘‘Application Notes’’ is amended in 

Note 2 by striking ‘‘this offense’’ and 

inserting ‘‘an offense under 18 U.S.C. 

3146(b)(1)(B)’’. 

The Commentary to § 2J1.5 captioned 

‘‘Background’’ is amended by striking 

‘‘This offense covered by this section’’ 

and inserting ‘‘The offense under 18 

U.S.C. 3146(b)(1)(B)’’. 

The Commentary to § 3B1.2 captioned 

‘‘Application Notes’’ is amended in 

Note 6 by striking ‘‘(3)’’ and inserting 

‘‘(5)’’. 

The Commentary following § 3D1.5 

captioned ‘‘Illustrations of the 

Operation of the Multiple-Count Rules’’ 

is amended in example 3 by striking 

‘‘he’’ and inserting ‘‘the defendant’’; and 

by striking ‘‘(8)’’ and inserting ‘‘(9)’’. 

Appendix A (Statutory Index), as 

amended by Amendment 8 submitted to 

Congress on May 1, 2009 (74 FR 21750), 

is further amended by striking the line 

that begins ‘‘50 U.S.C. App. § 527(e)’’; 

and by inserting after the line that 

begins ‘‘50 U.S.C. App. § 462’’ the 

following: ‘‘50 U.S.C. App. 

§ 527(e)2X5.2’’. 

Reason for Amendment: This 

amendment makes certain technical and 

conforming changes to commentary. 


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Federal Register / Vol. 74, No. 173 / Wednesday, September 9, 2009 / Notices 46481 

First, it updates obsolete statutory and 

guideline references in §§ 2A6.2 

(Stalking or Domestic Violence), 

Application Note 4; 2B1.1 (Theft, 

Property Destruction, and Fraud), 

Application Notes 3(F)(iii) and 14(A); 

2G1.1 (Promoting a Commercial Sex Act 

or Prohibited Sexual Conduct with an 

Individual Other than a Minor), 

Application Note 1; 2G1.3 (Promoting a 

Commercial Sex Act or Prohibited 

Sexual Conduct with a Minor; 

Transportation of Minors to Engage in a 

Commercial Sex Act or Prohibited 

Sexual Conduct; Travel to Engage in 

Commercial Sex Act or Prohibited 

Sexual Conduct with a Minor; Sex 

Trafficking of Children; Use of Interstate 

Facilities to Transport Information 

about a Minor), Application Note 1; 

2G2.1 (Sexually Exploiting a Minor by 

Production of Sexually Explicit Visual 

or Printed Material; Custodian 

Permitting Minor to Engage in Sexually 

Explicit Conduct; Advertisement for 

Minors to Engage in Production), 

Statutory Provisions; 2J1.5 (Failure to 

Appear by Material Witness), Statutory 

Provisions; 3B1.2 (Mitigating Role), 

Application Note 6; and the Illustrations 

following 3D1.5 (Determining the Total 

Punishment). 

Second, it makes clerical and stylistic 

changes to the Commentary to § 2B1.1; 

the Commentary to § 2H3.1 

(Interception of Communications; 

Eavesdropping; Disclosure of Certain 

Private or Protected Information); and 

the Illustrations following § 3D1.5. 

Third, it amends § 2D1.6 (Use of 

Communication Facility in Committing 

Drug Offense; Attempt or Conspiracy), 

Application Note 1, to ensure that its 

description of the various minimum 

offense levels that apply to controlled 

substances under § 2D1.1 (Unlawful 

Manufacturing, Importing, Exporting, or 

Trafficking (Including Possession with 

Intent to Commit These Offenses); 

Attempt or Conspiracy) is more 

comprehensive (i.e., by including in that 

description the minimum offense level 

that applies to flunitrazepam). 

Finally, it amends Appendix A 

(Statutory Index) to ensure that the line 

reference to 50 U.S.C. App. § 527(e) is 

placed in the appropriate order. 

[FR Doc. E9–21721 Filed 9–8–09; 8:45 am] 

BILLING CODE 2211–01–P 

DEPARTMENT OF VETERANS 

AFFAIRS 

[OMB Control No. 2900–0319] 

Agency Information Collection 

(Fiduciary Agreement) Activities Under 

OMB Review 

AGENCY: Veterans Benefits 

Administration, Department of Veterans 

Affairs. 

ACTION: Notice. 

SUMMARY: In compliance with the 

Paperwork Reduction Act (PRA) of 1995 

(44 U.S.C. 3501–3521), this notice 

announces that the Veterans Benefits 

Administration (VBA), Department of 

Veterans Affairs, will submit the 

collection of information abstracted 

below to the Office of Management and 

Budget (OMB) for review and comment. 

The PRA submission describes the 

nature of the information collection and 

its expected cost and burden; it includes 

the actual data collection instrument. 

DATES: Comments must be submitted on 

or before October 9, 2009. 

ADDRESSES: Submit written comments 

on the collection of information through 

http://www.Regulations.gov or to VA’s 

OMB Desk Officer, Office of Information 

and Regulatory Affairs, New Executive 

Office Building, Room 10235, 

Washington, DC 20503, (202) 395–7316. 

Please refer to ‘‘OMB Control No. 2900– 

0319’’ in any correspondence. 

FOR FURTHER INFORMATION CONTACT: 

Denise McLamb, Enterprise Records 

Service (005R1B), Department of 

Veterans Affairs, 810 Vermont Avenue, 

NW., Washington, DC 20420, (202) 461– 

7485, FAX (202) 273–0443 or e-mail 

denise.mclamb@va.gov. Please refer to 

‘‘OMB Control No. 2900–0319.’’ 

SUPPLEMENTARY INFORMATION: 

Titles: Fiduciary Agreement, VA Form 

21–4703. 

OMB Control Number: 2900–0319. 

Type of Review: Extension of a 

currently approved collection. 

Abstract: VA Form 21–4703 is a legal 

binding contract between VA and 

Federally appointed fiduciaries 

receiving VA funds on behalf of 

beneficiaries who were determined to be 

incompetent or under legal disability by 

reason of minority or court action. The 

form outlines the fiduciary’s 

responsibility regarding the use of VA 

funds. 

An agency may not conduct or 

sponsor, and a person is not required to 

respond to a collection of information 

unless it displays a currently valid OMB 

control number. The Federal Register 

Notice with a 60-day comment period 

soliciting comments on this collection 

of information was published on June 

29, 2009, at page 31112. 

Affected Public: Individuals or 

households. 

Estimated Annual Burden: 1,467 

hours. 

Estimated Average Burden per 

Respondent: 5 minutes. 

Frequency of Response: One time. 

Estimated Number of Respondents: 

17,600. 

Dated: September 2, 2009. 

By direction of the Secretary. 

Denise McLamb, 

Program Analyst, Enterprise Records Service. 

[FR Doc. E9–21567 Filed 9–8–09; 8:45 am] 

BILLING CODE 8320–01–P 

DEPARTMENT OF VETERANS 

AFFAIRS 

[OMB Control No. 2900–New (VR&E 

Outcome)] 

Agency Information Collection (VR&E 

Program National Outcome Follow-Up 

With Employment Based Rehabilitated 

Veterans Survey) Activities Under OMB 

Review 

AGENCY: Veterans Benefits 

Administration, Department of Veterans 

Affairs. 

ACTION: Notice. 

SUMMARY: In compliance with the 

Paperwork Reduction Act (PRA) of 1995 

(44 U.S.C. 3501–3521), this notice 

announces that the Veterans Benefits 

Administration, Department of Veterans 

Affairs, will submit the collection of 

information abstracted below to the 

Office of Management and Budget 

(OMB) for review and comment. The 

PRA submission describes the nature of 

the information collection and its 

expected cost and burden; it includes 

the actual data collection instrument. 

DATE: Comments must be submitted on 

or before October 9, 2009. 

ADDRESSES: Submit written comments 

on the collection of information through 

www.Regulations.gov or to VA’s OMB 

Desk Officer, Office of Information and 

Regulatory Affairs, New Executive 

Office Building, Room 10235, 

Washington, DC 20503, (202) 395–7316. 

Please refer to ‘‘OMB Control No. 2900– 

New (VR&E Outcome)’’ in any 

correspondence. 

FOR FURTHER INFORMATION CONTACT: 

Denise McLamb, Enterprise Records 

Service (005R1B), Department of 

Veterans Affairs, 810 Vermont Avenue, 

NW., Washington, DC 20420, (202) 461– 

7485, FAX (202) 273–0443 or e-mail 

denise.mclamb@va.gov. Please refer to 


cprice-sewell on DSK2BSOYB1PROD with NOTICES