DEPARTMENT OF JUSTICE 

8 CFR Ch. V 

21 CFR Ch. I 

27 CFR Ch. II 

28 CFR Ch. I, V 

Regulatory Agenda 

AGENCY: Department of Justice.

ACTION: Semiannual regulatory agenda.

SUMMARY: The Department of Justice is publishing its fall 2011 regulatory agenda pursuant to 

Executive Order 12866, "Regulatory Planning and Review," 58 FR 51735, and the Regulatory Flexibility 

Act, 5 U.S.C. sections 601 to 612 (1988).

FOR FURTHER INFORMATION CONTACT: Robert Hinchman, Senior Counsel, Office of Legal Policy, 

Department of Justice, Room 4252, 950 Pennsylvania Avenue NW., Washington, DC 20530, (202) 514-

8059.

SUPPLEMENTARY INFORMATION: This edition of the Unified Agenda of Federal Regulatory and 

Deregulatory Actions includes The Regulatory Plan, which appears in both the online Unified Agenda and 

in part II of the Federal Register that includes the Unified Agenda. The Department of Justice's 

Statement of Regulatory Priorities is included in the Plan. 

Regulations.gov Friday, January 20, 2012 Unified Agenda

1
 Beginning with the fall 2007 edition, the Internet has been the basic means for disseminating the 

Unified Agenda. The complete Unified Agenda will be available online at www.reginfo.gov in a format 

that offers users a greatly enhanced ability to obtain information from the Agenda database. 

 Because publication in the Federal Register is mandated for the regulatory flexibility agendas 

required by the Regulatory Flexibility Act (5 U.S.C. 602), the Department of Justice’s printed agenda 

entries include only: 

 

(1) Rules that are in the Agency’s regulatory flexibility agenda, in accordance with the Regulatory 

Flexibility Act, because they are likely to have a significant economic impact on a substantial number of 

small entities; and 

(2) any rules that the Agency has identified for periodic review under section 610 of the Regulatory 

Flexibility Act. 

 Printing of these entries is limited to fields that contain information required by the Regulatory 

Flexibility Act’s Agenda requirements. Additional information on these entries is available in the Unified 

Agenda published on the Internet. In addition, for fall editions of the Agenda, the entire Regulatory Plan 

will continue to be printed in the Federal Register, as in past years, including the Department of Justice’s 

regulatory plan. 

Dated: September 20, 2011. 

NAME: Christopher H. Schroeder, 

Assistant Attorney General, Office of Legal Policy. 

Regulations.gov Friday, January 20, 2012 Unified Agenda

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The 120 Regulatory Agendas

United States Parole Commission - Proposed Rule

Title

Regulation 

Identifier 

Number

Establishing Guidelines for Making Mandatory Parole Decisions 1104-AA00

Revising the Reparole Guidelines for Releasing Parole Violators 1104-AA02

United States Parole Commission - Long-term Action

Title

Regulation 

Identifier 

Number

Revising the Paroling Policy Guidelines To Equalize the Offense Severity Ratings for Crack Cocaine and Power Cocaine

Offenses 1104-AA01

Legal Activities - Proposed Rule

Title

Regulation 

Identifier 

Number

Procedures for Suspension and Removal of Panel Trustees and Standing Trustees 1105-AB12

Uniform Forms for Periodic Reports for Chapter 11 Cases 1105-AB30

Claims Under the Radiation Exposure Compensation Act; Requirements for Submission of Identification Records 1105-AB35

Determination That an Individual Shall Not Be Deemed an Employee of the Public Health Service 1105-AB37

Repealing Unnecessary OVW Regulations 1105-AB40

Legal Activities - Final Rule

Title

Regulation 

Identifier 

Number

Consolidation of Regulations Governing Administrative Forfeiture for Department of Justice Law Enforcement Agencies;

Application of Department Regulations To Seizures for Forfeiture by ATF 1105-AA74

Application Procedures and Criteria for Approval of Nonprofit Budget and Credit Counseling Agencies by U.S. Trustees 1105-AB17

Production of Certain Information or Testimony by State or Local Law Enforcement or Prosecutive Officials Serving on

a Department of Justice Task Force 1105-AB21

Disclosure or Production of Records or Information 1105-AB27

Application Procedures and Criteria for Approval of Providers of a Personal Financial Management Instructional Course

by United States Trustees 1105-AB31

National Standards to Prevent, Detect, and Respond to Prison Rape 1105-AB34

Assumption of Concurrent Federal Criminal Jurisdiction In Certain Areas of Indian Country 1105-AB38

Legal Activities - Long-term Action

Title

Regulation 

Identifier 

Number

Designation of Agencies To Receive and Investigate Reports Required Under the Protection of Children From Sexual

Predators Act 1105-AA65

Designation of Domestic and Foreign Law Enforcement Entities To Receive Cybertipline Reports Required Under the

Protect Our Children Act of 2008 1105-AB32

Legal Activities - Completed Action

Regulation 

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Title Identifier 

Number

Conforming OVW Grant Programs Regulations to Statutory Changes 1105-AB15

Procedures for Review of Denial of Claims of Standing Trustee for Actual, Necessary Expenses 1105-AB16

James Zadroga 9/11 Health and Compensation Act of 2010 1105-AB39

Federal Bureau of Investigation - Proposed Rule

Title

Regulation 

Identifier 

Number

Proposed Changes to NICS Intended To Promote Public Safety, To Enhance the Efficiency of NICS Operations, and To

Resolve Difficulties Created by Unforeseen Processing Conflicts Within the System 1110-AA27

Clarification Regarding the Production of FBI Criminal Identification Records 1110-AA28

Federal Bureau of Investigation - Final Rule

Title

Regulation 

Identifier 

Number

Implementation of the Private Security Officer Employment Authorization Act of 2004 1110-AA23

Carriage of Concealed Weapons Pursuant to the Law Enforcement Officers Safety Act of 2004 1110-AA24

Inclusion of Nonserious Offense Identification Records 1110-AA25

Federal Bureau of Investigation Anti-Piracy Warning Seal Program 1110-AA31

Drug Enforcement Administration - Proposed Rule

Title

Regulation 

Identifier 

Number

Verification of Self-Certification Status of Regulated Sellers and Mail-Order Distributors 1117-AB14

Disposal of Controlled Substances 1117-AB18

Classification of Two Steroids, Prostanozol and Methasterone, as Schedule III Anabolic Steroids Under the Controlled

Substances Act 1117-AB31

Establishment of Quotas Required by Controlled Substances Act 1117-AB34

Drug Enforcement Administration - Final Rule

Title

Regulation 

Identifier 

Number

Electronic Prescriptions for Controlled Substances 1117-AA61

Security Requirements for Handlers of Pseudoephedrine, Ephedrine, and Phenylpropanolamine 1117-AA62

Retail Sales of Scheduled Listed Products; Chemical; Self-Certification of Regulated Sellers of Scheduled Listed

Chemical Products 1117-AB05

Implementation of the Combat Methamphetamine Epidemic Act of 2005; Notice of Transfers Following Importation or

Exportation 1117-AB06

Implementation of the Ryan Haight Online Pharmacy Consumer Protection Act of 2008 1117-AB20

Implementation of the Methamphetamine Production Prevention Act of 2008 1117-AB25

Self-Certification and Employee Training of Mail-Order Distributors of Scheduled Listed Chemical Products 1117-AB30

Controlled Substances and List I Chemical Registration and Reregistration Fees 1117-AB32

Establishment of a New Drug Code for Marihuana Extract 1117-AB33

Drug Enforcement Administration - Completed Action

Title

Regulation 

Identifier 

Number

Chemical Mixtures Containing Listed Forms of Phosphorus 1117-AA66

Limited Exemption for Peyote Use in Traditional Ceremonies With a Traditional Indian Religion by Members of Federally

Recognized Indian Tribes 1117-AA97

Regulations.gov Friday, January 20, 2012 Unified Agenda

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Registration Requirements for Individual Practitioners Operating in a "Locum Tenens" Capacity 1117-AB21

Identification of Institution-Based Individual Practitioners 1117-AB22

Voluntary Surrender of Certificate of Registration 1117-AB27

Schedules of Controlled Substances: Exempted Prescription Product; River Edge Pharmaceutical, Servira 1117-AB28

Bureau of Prisons - Proposed Rule

Title

Regulation 

Identifier 

Number

Administrative Remedy Program--Subpart Revision 1120-AB34

Marriages of Inmates Rules Revision 1120-AB53

Classification and Program Review 1120-AB55

Inmate Commissary Account Deposit Procedures 1120-AB56

Inmate Legal Activities 1120-AB58

Pre-Release Community Confinement 1120-AB61

Searches of Housing Units, Inmates, and Inmate Work Areas: Use of X-ray Devices – Clarification of Terminology 1120-AB62

Bureau of Prisons - Final Rule

Title

Regulation 

Identifier 

Number

Literacy Program 1120-AA33

Good Conduct Time 1120-AA62

Designation of Offenses Subject to Sex Offender Release Notification 1120-AA85

Drug Testing Program 1120-AA95

District of Columbia Educational Good Time Credit 1120-AB05

Reduction in Sentence for Medical Reasons 1120-AB10

Central Inmate Monitoring (CIM) System: Streamlining Rules 1120-AB14

Autopsies 1120-AB26

Possession or Introduction of Personal Firearms Prohibited on Federal Penal or Correctional Institution Grounds 1120-AB37

Intake Screening 1120-AB47

Communication Management Units 1120-AB48

Inmate Communication With News Media: Removal of Byline Regulations 1120-AB49

Pre-Release Community Confinement 1120-AB51

Inmate Work and Performance Pay Program: Subpart Revision 1120-AB52

Commutation of Sentence: Technical Change 1120-AB54

Inmate Access to Inmate Central File: PSRs and SORs 1120-AB57

Administrative Remedy Program: Exception to Initial Filing Procedures 1120-AB59

Progress Reports 1120-AB60

Contraband and Inmate Personal Property: Technical Change 1120-AB63

Bureau of Prisons - Completed Action

Title

Regulation 

Identifier 

Number

Psychiatric Evaluation and Treatment 1120-AB20

Office of Justice Programs - Proposed Rule

Title

Regulation 

Identifier 

Number

Victims of Crime Act (VOCA) Crime Victim Compensation Program Regulations 1121-AA68

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Victim of Crime Act (VOCA) Victim Assistance Program 1121-AA69

Office of Justice Programs - Final Rule

Title

Regulation 

Identifier 

Number

Certification Process for State Capital Counsel Systems 1121-AA77

International Terrorism Victim Expense Reimbursement Program 1121-AA78

Executive Office for Immigration Review - Proposed Rule

Title

Regulation 

Identifier 

Number

Authority of Immigration Judges To Issue Civil Money Penalties 1125-AA18

International Marriage Brokers 1125-AA45

Reopened Proceedings on Petitions for Alien Entrepreneur Immigrant Classification (EB-5 Visas) 1125-AA49

List of Pro Bono Legal Service Providers for Aliens in Immigration Proceedings 1125-AA62

Application of the Serious Nonpolitical Crime Bar to Asylum and Withholding of Removal for Recruitment or Use of Child

Soldiers 1125-AA63

Forwarding of Asylum Applications to the Department of State 1125-AA65

Motions To Reopen Removal, Deportation, or Exclusion Proceedings Based Upon a Claim of Ineffective Assistance of

Counsel 1125-AA68

Implementation of Section 235 of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008;

Treatment of Unaccompanied Alien Children 1125-AA70

Executive Office for Immigration Review - Final Rule

Title

Regulation 

Identifier 

Number

Protective Orders in Immigration Administration Proceedings 1125-AA38

Executive Office for Immigration Review Attorney/Representative Registry 1125-AA39

Background and Security Investigation Checks in Proceedings Before Immigration Judges and the Board of Immigration

Appeals 1125-AA44

Jurisdiction and Venue in Removal Proceedings 1125-AA52

Eligibility of Arriving Aliens in Removal Proceedings To Apply for Adjustment of Status and Jurisdiction To Adjudicate

Applications for Adjustment of Status 1125-AA55

Board of Immigration Appeals: Affirmance Without Opinion, Referral for Three-Board-Member Review, and Publication

of Decisions as Precedents 1125-AA58

Reorganization of Regulations on the Adjudication of Department of Homeland Security Practitioner Disciplinary Cases 1125-AA66

Civil Monetary Penalties Inflation Adjustment 1125-AA69

Bureau of Alcohol, Tobacco, Firearms, and Explosives - Proposed Rule

Title

Regulation 

Identifier 

Number

Implementation of Public Law 105-277 Relating to Secure Gun Storage 1140-AA10

Machine Guns, Destructive Devices, and Certain Other Firearms--Amended Definition of "Pistol" 1140-AA23

Commerce In Explosives--Relief From Disabilities 1140-AA36

Federal Firearms License Proceedings--Hearings 1140-AA38

Special Explosive Articles 1140-AA39

Rules of Practice in Explosives License and Permit Proceedings 1140-AA40

Commerce in Firearms and Ammunition--Reporting Theft or Loss of Firearms in Transit 1140-AA41

Importation of Arms, Ammunition and Implements of War and Machine Guns, Destructive Devices, and Certain Other

Firearms; Extending the Term of Import Permits 1140-AA42

Background Checks for Principal Officers of Corporations, Trusts, and Other Legal Entities With Respect to the Making

or Transferring of a National Firearms Act Firearm 1140-AA43

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Bureau of Alcohol, Tobacco, Firearms, and Explosives - Final Rule

Title

Regulation 

Identifier 

Number

Implementation of the Safe Explosives Act 1140-AA00

Commerce in Firearms and Ammunition (Omnibus Consolidated Appropriations Act of 1997) 1140-AA04

Residency Requirement for Persons Acquiring Firearms 1140-AA05

Public Law 105-277, Making Omnibus Consolidated and Emergency Supplemental Appropriations for FY 1999 Relating

to Firearms Disabilities for Nonimmigrant Aliens 1140-AA08

Implementation of the Safe Explosives Act--Delivery of Explosive Materials by Common or Contract Carrier 1140-AA20

Implementation of the USA Patriot Improvement and Reauthorization Act of 2005 Regarding Trafficking in Contraband

Cigarettes or Smokeless Tobacco 1140-AA31

Elimination of Firearms Transaction Record, ATF Form 4473 (Low Volume) 1140-AA34

Civil Rights Division - PreRule

Title

Regulation 

Identifier 

Number

Nondiscrimination on the Basis of Disability by State and Local Governments and Public Accommodations: Accessibility

of Medical Equipment and Furniture 1190-AA66

Civil Rights Division - Proposed Rule

Title

Regulation 

Identifier 

Number

Implementation of the ADA Amendments Act of 2008 (Title II and Title III of the ADA) 1190-AA59

Implementation of the ADA Amendments Act of 2008 (Section 504 of the Rehabilitation Act) 1190-AA60

Nondiscrimination on the Basis of Disability in State and Local Government Services; Next Generation 9-1-1 1190-AA62

Nondiscrimination on the Basis of Disability; Movie Captioning and Video Description 1190-AA63

Nondiscrimination on the Basis of Disability by Public Accommodations: Accessibility of Beds in Guestrooms With

Mobility Features in Places of Lodging 1190-AA67

Civil Rights Division - Long-term Action

Title

Regulation 

Identifier 

Number

Nondiscrimination on the Basis of Disability; Accessibility of Web Information and Services of Public Accommodations 1190-AA61

Nondiscrimination on the Basis of Disability by State and Local Governments and Places of Public Accommodation;

Equipment and Furniture 1190-AA64

Nondiscrimination on the Basis of Disability: Accessibility of Web Information and Services of State and Local

Governments 1190-AA65

Civil Rights Division - Completed Action

Title

Regulation 

Identifier 

Number

Amendments to the Procedures for the Administration of Section 5 of the Voting Rights Act of 1965 1190-AA51

Amendments to Coordination of Enforcement of Nondiscrimination in Federally Assisted Programs and Implementation

of Executive Order 12250 1190-AA52

Implementation of the Provisions of the Voting Rights Act Regarding Language Minority Groups 1190-AA58

Department of Justice (DOJ) 

United States Parole Commission ( PARCOM ) RIN: 1104-AA00

 View Related Documents

Title: Establishing Guidelines for Making Mandatory Parole Decisions

Regulations.gov Friday, January 20, 2012 Unified Agenda

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Abstract: The Parole Commission is considering whether to promulgate guidelines for making findings under its mandatory

parole statute for long-term Federal prisoners. The guidelines would assist decision-makers in determining whether a prisoner

has committed serious or frequent prison rule violations that disqualify him from mandatory parole.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 28 CFR 2.53 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 18 USC 4203(a)(1)

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 01/00/2012 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

Energy Affected: No

Agency Contact: Rockne Chickinell Department of Justice

United States Parole Commission

5550 Friendship Boulevard

Chevy Chase , MD 20815 

Phone: 301 492-5960 

E-Mail: rockne.chickinell@usdoj.gov

Department of Justice (DOJ) 

United States Parole Commission ( PARCOM ) RIN: 1104-AA02

 View Related Documents

Title: Revising the Reparole Guidelines for Releasing Parole Violators

Abstract: The Parole Commission is considering amending its guidelines for determining how much prison time a parole or

supervised release visitor should serve for violations of release conditions. The amendments would likely reduce prison time for

violators who only committed non-criminal violations (such as failing to notify the supervision officer of a change in residence) or

drug use.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 28 CFR 2.20; 28 CFR 2.21; 28 CFR 2.81; 28 CFR 2.218 (To search for a specific CFR, visit the Code of

Federal Regulations ) 

Legal Authority: 18 USC 4203(a)(1); DC Code 24-131(a)(1); DC Code 24-133(c)(2)

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 04/00/2012 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

Energy Affected: No

Agency Contact: Rockne Chickinell Department of Justice

United States Parole Commission

5550 Friendship Boulevard

Chevy Chase , MD 20815 

Phone: 301 492-5960 

E-Mail: rockne.chickinell@usdoj.gov

Department of Justice (DOJ) 

Regulations.gov Friday, January 20, 2012 Unified Agenda

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United States Parole Commission ( PARCOM ) RIN: 1104-AA01

 View Related Documents

Title: Revising the Paroling Policy Guidelines To Equalize the Offense Severity Ratings for Crack Cocaine and Power Cocaine

Offenses

Abstract: The Parole Commission is proposing a rule that would amend its paroling policy guidelines to equalize the offense

severity ratings for crack cocaine and power cocaine offenses. The proposed rule would eliminate the present 10:1 ratio that

exists in the severity ratings, i.e., distributing 10 grams of powder cocaine and distributing 1 gram of crack cocaine are rated in

the same severity category.

Priority: Other Significant Agenda Stage of Rulemaking: Long-term Action

Major: No Unfunded Mandates: No

CFR Citation: 28 CFR 2.20 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 18 USC 4203(a)(1)

Legal Deadline: None

Timetable:

Action Date FR Cite

Final Action 00/00/0000 

NPRM 10/08/2010 75 FR 62342 

NPRM Comment Period End 12/01/2010 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

Energy Affected: No

Agency Contact: Rockne Chickinell Department of Justice

United States Parole Commission

5550 Friendship Boulevard

Chevy Chase , MD 20815 

Phone: 301 492-5960 

E-Mail: rockne.chickinell@usdoj.gov

Department of Justice (DOJ) 

Legal Activities ( LA ) RIN: 1105-AB12

 View Related Documents

Title: Procedures for Suspension and Removal of Panel Trustees and Standing Trustees

Abstract: The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 ("BAPCPA") (Pub. L. No. 109-8) amended

28 U.S.C. 586(d)(2) to clarify that standing trustees and panel trustees who cease to be assigned to cases filed under title 11,

United States Code, may obtain judicial review of the final agency decision by commencing an action in the District court after

first exhausting all available administrative remedies, which if the trustee so elects, shall also include an administrative hearing

on the record. The Attorney General is directed to prescribe procedures to implement these changes. Pursuant to an order

dated October 14, 2005, the Attorney General delegated his authority to promulgate rules necessary to implement the

provisions of the BAPCPA that relate to the administration and supervision of bankruptcy cases by the United States Trustee

Program to the Director of the Executive Office for United States Trustees. 28 CFR 58.6 currently sets forth the procedures for

suspension and removal of panel trustees and standing trustees. The Executive Office for United States Trustees is amending

these procedures to reflect the changes required by 28 U.S.C. 586(d)(2) under the authority delegated by the Attorney General

in his October 14, 2005, order.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 28 CFR 58 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 28 USC 586(d)(2)

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 02/00/2012 

Regulations.gov Friday, January 20, 2012 Unified Agenda

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NPRM Comment Period End 04/00/2012 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Ramona D. Elliott

General Counsel

Department of Justice

Legal Activities

Executive Office for United States Trustees Suite 8100 20 Massachusetts Avenue NW.

Washington , DC 20530 

Phone: 202 307-1399 

FAX: 202 307-2397

E-Mail: ramona.d.elliott@usdoj.gov

Department of Justice (DOJ) 

Legal Activities ( LA ) RIN: 1105-AB30

 View Related Documents

Title: Uniform Forms for Periodic Reports for Chapter 11 Cases

Abstract: 28 U.S.C. 589b requires the Attorney General to issue rules requiring uniform forms for periodic reports by debtors in

possession and trustees in chapter 11 cases. These reports are to be used by the United States Trustee Program to facilitate

oversight and monitoring of chapter 11 cases as well as to provide information to the courts, creditors, and public about the

debtor's operations while under chapter 11 reorganization. Among the purposes for uniform forms is to accomplish the collection

of data required by Congress that will be "in the best interests of debtors and creditors, and in the public interest in reasonable

and adequate information to evaluate the efficiency and practicality of the Federal bankruptcy system." 28 U.S.C. 589b(c).

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 28 CFR 58 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 11 USC 1106(a)(1); 11 USC 1107(a); 28 USC 589(b); Fed R Bankr P 2015 (a)(2) to (a)(3)

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 05/00/2012 

NPRM Comment Period End 07/00/2012 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

Agency Contact: Ramona D. Elliott

General Counsel

Department of Justice

Legal Activities

Executive Office for United States Trustees Suite 8100 20 Massachusetts Avenue NW.

Washington , DC 20530 

Phone: 202 307-1399 

FAX: 202 307-2397

E-Mail: ramona.d.elliott@usdoj.gov

Department of Justice (DOJ) 

Legal Activities ( LA ) RIN: 1105-AB35

 View Related Documents

Title: Claims Under the Radiation Exposure Compensation Act; Requirements for Submission of Identification Records

Abstract: This rule amends Department of Justice regulations implementing the Radiation Exposure Compensation Act, 42

U.S.C. section 2210 note (2006). This rule amends existing regulations addressing the submission of documentation to establish

Regulations.gov Friday, January 20, 2012 Unified Agenda

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a claimant's identity. The amended regulations (1) allow the submission of third-party affidavits in lieu of birth, death and

marriage certificates, in cases where (a) it is impossible for the claimant or eligible surviving beneficiary to submit such

identification documentation, or (b) in the case of Native American claimants who are not required to provide those records,

affidavits would be permissible when the tribes' recordkeeping office has no such identifying information; (2) relax the current

regulation requiring claimants or eligible surviving beneficiaries to provide certified or original documentation to establish identity

by permitting the submission of photocopies; and (3) revise payment procedures, in certain situations, to permit partial payment

of claims where multiple potential beneficiaries have been identified, but the Department lacks sufficient evidence to establish

their eligibility as a beneficiary.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: Not Yet Determined (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 42 USC 2210, note

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 03/00/2012 

NPRM Comment Period End 05/00/2012 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Dianne S. Spellberg 

Senior Counsel, Civil Division, Torts Branch

Department of Justice

Legal Activities

Room 3144 1425 New York Avenue NW.

Washington , DC 20005 

Phone: 202 616-4129 

FAX: 202 616-4313

E-Mail: dianne.spellberg@usdoj.gov

Department of Justice (DOJ) 

Legal Activities ( LA ) RIN: 1105-AB37

 View Related Documents

Title: Determination That an Individual Shall Not Be Deemed an Employee of the Public Health Service

Abstract: This rule implements the Attorney General's authority under 42 U.S.C. 233(i) to determine that an individual health

care provider shall not be deemed an employee of the Public Health Service for purposes of 42 U.S.C. 233(g) and the Federal

Tort Claims Act. Section 233(i) of title 42 provides that the Attorney General, in consultation with the Secretary of Health and

Human Services, may on the record determine, after notice and an opportunity for a full and fair hearing, that an individual

physician or other licensed or certified health care practitioner who is an officer, employee, or contractor of an entity described in

42 U.S.C. 233(g)(4) shall not be deemed to be an employee of the Public Health Service for purposes of 42 U.S.C. 233 if

"treating such individual as such an employee would expose the Government to an unreasonably high degree of risk of loss."

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: Undetermined Unfunded Mandates: No

CFR Citation: 28 CFR 15 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 42 USC 233(i)

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 02/00/2012 

NPRM Comment Period End 04/00/2012 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

Regulations.gov Friday, January 20, 2012 Unified Agenda

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Energy Affected: No

Agency Contact: Roger D. Einerson

Assistant Director, Torts Branch

Department of Justice

Legal Activities

P.O. 888 Benjamin Franklin Station

Washington , DC 20044 

Phone: 202 616-4250 

Department of Justice (DOJ) 

Legal Activities ( LA ) RIN: 1105-AB40

 View Related Documents

Title: Repealing Unnecessary OVW Regulations

Abstract: The STOP (Services-Training-Officers-Prosecutors) Violence Against Indian Women Discretionary Grant Program

was codified at 42 U.S.C. 3796gg through 3796gg-5. The final rule for this program, found at 28 CFR part 90, subpart C, was

promulgated on April 18, 1995. The Violence Against Women Act of 2005 (VAWA 2005, Pub. L. 109-162) eliminated this

program, and replaced it with a new program, the Grants to Indian Tribal Governments Program. Regulations are not required

for the new program. The Grants to Reduce Violent Crimes Against Women on Campus Program was authorized by title VIII,

part E, section 826, of the Higher Education Amendments of 1998, Public Law No. 105-244, 112 Stat. 1581 (Oct. 7, 1998).

VAWA 2005 reauthorized the program and removed it from the Higher Education Amendments. The final rule for the program,

found at 28 CFR part 90, subpart E, was promulgated on July 22, 1999. The program as recodified does not require regulations.

Because these regulations are obsolete and unnecessary, this rule repeals them.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 28 CFR 90 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: PL 109-162

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 01/00/2012 

NPRM Comment Period End 03/00/2012 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

Energy Affected: No

Agency Contact: Ms. Marnie Shiels Department of Justice

Legal Activities

Office on Violence Against Women

Washington , DC 20405 

Phone: 202 305-2981 

E-Mail: marnie.shiels@usdoj.gov

Department of Justice (DOJ) 

Legal Activities ( LA ) RIN: 1105-AA74

 View Related Documents

Title: Consolidation of Regulations Governing Administrative Forfeiture for Department of Justice Law Enforcement Agencies;

Application of Department Regulations To Seizures for Forfeiture by ATF

Abstract: By this rule, the Department does seven things: First, the rule modifies the regulations to recognize that the Bureau

of Alcohol, Tobacco, Firearms, and Explosives is now part of the Department of Justice. On November 25, 2002, the President

signed into law the Homeland Security Act of 2002, Public Law No. 107-296, 116 Stat. 2135 (2002). Section 1111 of the Act

established in the Department of Justice the "Bureau of Alcohol, Tobacco, Firearms, and Explosives," and generally transferred

law enforcement functions, and seizure and forfeiture authority, of the Bureau of Alcohol, Tobacco and Firearms of the

Department of the Treasury to the Department of Justice. This transfer became effective on January 24, 2003. Second, the

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12
Department consolidates the regulations governing the seizure and administrative forfeiture of property by the Drug Enforcement

Administration (DEA), the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), and the Federal Bureau of Investigation

(FBI), in order to achieve greater consistency and promote overall fairness in the administrative forfeiture process by avoiding

unnecessary differences in component procedures. Among other things, the Department provides rules governing practical

issues regarding the seizure, custody, inventory, appraisal, settlement, and release of property subject to forfeiture. Third, the

Department conforms the DEA, ATF, FBI, and Justice seizure and forfeiture regulations to address procedural changes

necessitated by the Civil Asset Forfeiture Reform Act of 2000 (CAFRA), Public Law 106-185, other authorities and current

forfeiture practice. Where CAFRA is silent or ambiguous on a subject relating to administrative forfeiture procedure, the

proposed rule interprets CAFRA and fills certain gaps. CAFRA's procedural changes enhance the ability of property owners to

contest the forfeiture of seized property. CAFRA also makes other changes beneficial to property owners. In particular: The

requirement to file a bond for costs with a claim is eliminated; the time for filing a claim is extended; and the release of seized

property is required under various circumstances. Fourth, the Department adds a regulation allowing for the pre-forfeiture

disposition of seized property where the property is liable to perish, waste, or be greatly reduced in value by further retention, or

where the expense of holding the property is disproportionate to its value. The Department also adds a regulation stating that

the United States is not liable for attorney fees in administrative forfeitures, as the courts have consistently held. Fifth, the

Department adds discretionary authority for publication of notice for administrative forfeitures on the Internet in lieu of publication

in a newspaper. Sixth, the Department modifies the regulations at 28 CFR part 9 governing petitions for remission or mitigation

of forfeiture to define the agency official with authority to grant petitions for remission or mitigation in administrative forfeiture

proceedings, and to specify the Department official with authority to grant petitions for remission or mitigation in judicial forfeiture

cases. Seventh, the Department defines the standards governing administrative and judicial remission and mitigation decisions,

including incorporation of CAFRA's statutory criteria for innocent ownership in determining petitions for remission or mitigation,

and the availability of remission to third parties, such as insurers, who reimburse victims pursuant to an indemnification

agreement.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 8 CFR 274; 21 CFR 1316; 28 CFR 8 (Revision); 28 CFR 9 (Revision) (To search for a specific CFR, visit the

Code of Federal Regulations ) 

Legal Authority: 5 USC 301; 8 USC 1103; 8 USC 1324(b); 15 USC 1177; 17 USC 509; 18 USC 981 to 983; 18 USC 1467;

18 USC 1955; 18 USC 1963; 18 USC 2253 to 2254; 18 USC 2513; 19 USC 1606 to 1608; 19 USC 1610; 19 USC 1612(b); 19

USC 1613; 19 USC 1618; 21 USC 822; 21 USC 853; 21 USC 871 to 872; 21 USC 880 to 881; 21 USC 958; 21 USC 965; 22

USC 401; 28 USC 509 to 510; 28 USC 524; PL 100-690, sec 6079

Legal Deadline: 

Action Source Description Date

Other Statutory CAFRA applies to all forfeiture actions commenced on or after 08/23/00. 08/23/2000 

Timetable:

Action Date FR Cite

NPRM 05/09/2011 76 FR 26660 

NPRM Comment Period End 07/08/2011 

Final Action 03/00/2012 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

Agency Contact: John Hieronymus

Forfeiture Counsel

Department of Justice

Legal Activities

Office of Chief Counsel, CCF Drug Enforcement Administration 8701 Morrissette Drive

Springfield , VA 22152 

Phone: 202 307-7636 

Agency Contact: Stephen Jobe

Unit Chief, Legal Forfeiture Unit

Department of Justice

Legal Activities

FBI, Office of the General Counsel J. Edgar Hoover Building, WB-510 935 Pennsylvania Avenue NW.

Washington , DC 20535 

Phone: 202 324-3000 

Agency Contact: Barry S. Orlow 

Associate Chief Counsel

Department of Justice

Legal Activities

Regulations.gov Friday, January 20, 2012 Unified Agenda

13
Bureau of Alcohol, Tobacco, Firearms, and Explosives 99 New York Avenue NE., Room 6E-441

Washington , DC 20226 

Phone: 202 648-7043 

Agency Contact: James Meade

Deputy Chief. Legal Policy Unit

Department of Justice

Legal Activities

Asset Forfeiture and Money Laundering Section Criminal Division 1400 New York Avenue NW., Bond Building, Suite 10100

Washington , DC 20530 

Phone: 202 514-1263 

Department of Justice (DOJ) 

Legal Activities ( LA ) RIN: 1105-AB17

 View Related Documents

Title: Application Procedures and Criteria for Approval of Nonprofit Budget and Credit Counseling Agencies by U.S. Trustees

Abstract: This rule sets forth the application procedures to be used by United States Trustees for approval of nonprofit budget

and credit counseling agencies under the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 ("BAPCPA").

Under the BAPCPA, individual debtors are required to consult with approved agencies to receive a briefing on the opportunities

for credit counseling and a budget analysis, within 180 days before filing for bankruptcy relief. The BAPCPA also sets forth

procedures and standards for the United States Trustee to use in approving agencies for subsequent inclusion on a publicly

available agency list and provider list in each Federal judicial district where they are deemed qualified to counsel individuals.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 28 CFR 58 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 11 USC 111

Legal Deadline: None

Timetable:

Action Date FR Cite

Interim Final Rule Effective 07/05/2006 

Interim Final Rule 07/05/2006 71 FR 38076 

Interim Final Rule Comment Period End 09/05/2006 

NPRM 02/01/2008 73 FR 6062 

NPRM Comment Period End 04/01/2008 

Final Action With Request For Comments 12/00/2011 

Additional Information: This rule has been revised to pertain only to the application procedures and criteria for the approval of

nonprofit budget and credit counseling agencies. The debtor education portion of the interim rule published under this RIN has

been transferred to RIN 1105-AB31.

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Ramona D. Elliott

General Counsel

Department of Justice

Legal Activities

Executive Office for United States Trustees Suite 8100 20 Massachusetts Avenue NW.

Washington , DC 20530 

Phone: 202 307-1399 

FAX: 202 307-2397

E-Mail: ramona.d.elliott@usdoj.gov

Department of Justice (DOJ) 

Legal Activities ( LA ) RIN: 1105-AB21

Regulations.gov Friday, January 20, 2012 Unified Agenda

14
 View Related Documents

Title: Production of Certain Information or Testimony by State or Local Law Enforcement or Prosecutive Officials Serving on a

Department of Justice Task Force

Abstract: This rule amends Department of Justice regulations concerning agency management. The production of certain

information or testimony by Department officials in response to subpoenas or demands of courts or other authorities is governed

by 28 CFR 16.21 to 16.29, often referred to as the Department's Touhy regulations, see United States ex rel. Touhy v. Ragen,

340 U.S. 462 (1951). The revision avoids any doubt that the Touhy regulations cover information acquired by a State or local law

enforcement and prosecutive official while serving as a task force official on a Department of Justice task force.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 28 CFR 16 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 5 USC 301; 5 USC 552; 5 USC 552(a); 5 USC 552(b)(g); 18 USC 4203(a)(1); 28 USC 509; 28 USC 510; 28

USC 534; 31 USC 3717; 31 USC 9701

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 06/21/2007 72 FR 34205 

NPRM Comment Period End 08/20/2007 

Final Action 07/00/2012 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Robert Hinchman

Senior Counsel, Office of Legal Policy

Department of Justice

Legal Activities

Room 4252 950 Pennsylvania Avenue NW.

Washington , DC 20530 

Phone: 202 514-8059 

FAX: 202 353-2371

E-Mail: robert.hinchman@usdoj.gov

Department of Justice (DOJ) 

Legal Activities ( LA ) RIN: 1105-AB27

 View Related Documents

Title: Disclosure or Production of Records or Information

Abstract: This rule revises and updates the Department of Justice regulations implementing the Freedom of Information Act, 5

U.S.C. 552, and the Privacy Act of 1974, 5 U.S.C. 552a.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 28 CFR 16 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 5 USC 552; 5 USC 552(a)

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 03/21/2011 76 FR 15236 

NPRM Comment Period End 04/20/2011 

NPRM Comment Period Reopened 09/19/2011 76 FR 57940 

NPRM Reopened Comment Period End 10/19/2011 

Final Action 02/00/2012 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Regulations.gov Friday, January 20, 2012 Unified Agenda

15
Small Entities Affected: No Federalism: No

Agency Contact: Janice Galli McLeod 

Associate Director

Department of Justice

Legal Activities

Office of Information Policy New York Avenue Building, Suite 11050

Washington , DC 20530 

Phone: 202 514-3642 

FAX: 202 514-1009

E-Mail: janice.g.mcleod@usdoj.gov

Department of Justice (DOJ) 

Legal Activities ( LA ) RIN: 1105-AB31

 View Related Documents

Title: Application Procedures and Criteria for Approval of Providers of a Personal Financial Management Instructional Course

by United States Trustees

Abstract: This rule sets forth the application procedures to be used by United States Trustees for approval of providers of a

personal financial management instructional course under the Bankruptcy Abuse Prevention and Consumer Protection Act of

2005 ("BAPCPA"). Under the BAPCPA, individual debtors are required to consult with approved providers of a personal financial

management instructional course, after filing for relief, before receiving a discharge of their debts. The BAPCPA also sets forth

procedures and standards for the United States Trustee to use in approving providers for subsequent inclusion on a publicly

available provider list in each Federal judicial district where they are deemed qualified to instruct individuals.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 28 CFR 58 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 11 USC 111; 28 USC 586

Legal Deadline: None

Timetable:

Action Date FR Cite

Interim Final Rule Effective 07/05/2006 

Interim Final Rule 07/05/2006 71 FR 38076 

Interim Final Rule Comment Period End 09/05/2006 

NPRM 11/14/2008 73 FR 67435 

NPRM Comment Period End 01/13/2009 

Final Rule With Request For Comments 12/00/2011 

Additional Information: This rule derives from the debtor education portion of 1105-AB17 which has been revised to pertain

only to the application procedures and criteria for the approval of nonprofit budget and credit counseling agencies.

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

Energy Affected: No

Agency Contact: Ramona D. Elliott

General Counsel

Department of Justice

Legal Activities

Executive Office for United States Trustees Suite 8100 20 Massachusetts Avenue NW.

Washington , DC 20530 

Phone: 202 307-1399 

FAX: 202 307-2397

E-Mail: ramona.d.elliott@usdoj.gov

Department of Justice (DOJ) 

Legal Activities ( LA ) RIN: 1105-AB34

Regulations.gov Friday, January 20, 2012 Unified Agenda

16
 View Related Documents

Title: National Standards to Prevent, Detect, and Respond to Prison Rape

Abstract: In the Prison Rape Elimination Act of 2003 (PREA), Public Law No. 108-79, codified at 42 U.S.C. sections 15601 to

15609, Congress directed the Attorney General to "publish a final rule adopting national standards for the detection, prevention,

reduction, and punishment of prison rape." 42 U.S.C. section 15607(a)(1). The statute further directed 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." 42 U.S.C. section 15607(a)(3). In accordance with PREA, the

Department is drafting a final rule setting forth national standards for enhancing the prevention, detection, and response to

sexual abuse in confinement settings. The Department published a Notice of Proposed Rulemaking on February 3, 2011 (see

76 FR 6248), identifying the proposed standards, and it received over 1,300 public comments in response.

Priority: Economically Significant Agenda Stage of Rulemaking: Final Rule

Major: Yes Unfunded Mandates: No

CFR Citation: 28 CFR 115 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 5 USC 301; 28 USC 509; 28 USC 510; 42 USC 15607

Legal Deadline: 42 U.S.C. section 15607 directed the Attorney General to promulgate a final rule within 1 year after receiving

the report and recommendations of the National Prison Rape Elimination Commission.

Action Source Description Date

Other Statutory 06/23/2010 

Regulatory Plan:

Statement of Need: Many of the evidentiary and public policy bases for the final rule are set forth in the statute, in which

Congress set forth 15 findings relating to the prevalence of prison rape and its impact on society. See 42 U.S.C. section 15601.

In summary, prison rape is a widespread problem that causes significant harm to its victims and imposes significant costs to

society as a whole. Given the violent, destructive, reprehensible, and illegal nature of rape and sexual abuse in any setting,

strong measures are needed to combat its prevalence in correctional settings. Tolerance of sexual abuse of prisoners in the

government's custody is incompatible with American values.

Legal Basis: PREA states that the Attorney General "shall publish a final rule adopting national standards for the detection,

prevention, reduction, and punishment of prison rape." 42 U.S.C. section 15607(a)(1). The standards "shall be based upon the

independent judgment of the Attorney General, after giving due consideration to the recommended national standards provided

by the [National Prison Rape Elimination] Commission ..., and being informed by such data, opinions, and proposals that the

Attorney General determines to be appropriate to consider." Id. section 15607(a)(2) and (a)(3). In June 2009, the Commission

forwarded to the Attorney General a lengthy report describing its findings and recommending national standards.

Alternatives: Given the specific direction of Congress, the Department is obligated to issue a rule that promulgates national

standards to combat prison rape. PREA also gives the Attorney General the option of "providing a list of improvements for

consideration by correctional facilities," to the extent that a particular national standard would impose substantial additional

costs compared to the costs presently expended by Federal, State, and local prison authorities. 42 U.S.C. section 15607(a)(3).

The Department has received input from numerous stakeholders concerning the development of the national standards and, as

part of the development process, considered a wide range of proposals and alternatives. These proposals include the standards

recommended by the Commission, as well as alternative approaches proposed by various public stakeholders.

Costs and Benefits: In directing the Attorney General to promulgate national standards that would "eliminate" prison rape by

enhancing its prevention, detection, reduction, and punishment, Congress understood that Federal, State, and local agencies

(as well as private entities) that operate inmate confinement facilities and that adopt the standards would likely have to incur

costs to come into, and remain in, compliance with the standards. However, any such costs more than outweighed by the

benefits of avoiding prison rape. Prevention of prison rape has benefits that can be monetized, as well as benefits that cannot

be monetized. The monetized benefits inure primarily to the victims of prison sexual abuse (which number over 200,000 per

year) and include the costs of medical and mental health care treatment as well as pain, suffering, and diminished quality of life,

among other factors. For the most serious category of prison sexual abuse, the Department's Initial Regulatory Impact

Assessment (IRIA) accompanying the Notice of Proposed Rulemaking estimated the cost per adult victim as ranging from

$200,000 to $300,000. Correspondingly, the IRIA estimated that if all affected agencies adopt the standards, full compliance

with the standards would cost, in the aggregate, over half a billion dollars a year when annualized over 15 years. Using a

breakeven analysis, this means that the standards would have to result in the avoidance of approximately 2 percent or less of

the baseline number of annual prison sexual abuse victims for the costs of full compliance to break-even with the monetized

benefits of the standards. This does not include the many non-monetizable benefits of prison rape avoidance, which include

benefits for victims, for inmates who are not victims, for families of inmates, for prison administrators and staff, and for society at

large. The final rule will include a final Regulatory Impact Assessment.

Risks: The final rule is intended to carry out the intent of Congress to eliminate prison rape. The risks from the failure to

promulgate the final rule are primarily that inmates in Federal, State, and local facilities would continue to be at a higher risk of

Regulations.gov Friday, January 20, 2012 Unified Agenda

17
sexual assault than they would be if the final rule is not promulgated.

Timetable:

Action Date FR Cite

ANPRM 03/10/2010 75 FR 11077 

ANPRM Comment Period End 05/10/2010 

NPRM 02/03/2011 76 FR 6248 

NPRM Comment Period End 04/04/2011 

Final Action 02/00/2012 

Regulatory Flexibility Analysis Required: Governmental

Jurisdictions; Organizations Government Levels Affected: Federal; Local; State

Federalism: Yes

Energy Affected: No

Public Comment URL: regulations.gov

Agency Contact: Robert Hinchman

Senior Counsel, Office of Legal Policy

Department of Justice

Legal Activities

Room 4252 950 Pennsylvania Avenue NW.

Washington , DC 20530 

Phone: 202 514-8059 

FAX: 202 353-2371

E-Mail: robert.hinchman@usdoj.gov

Department of Justice (DOJ) 

Legal Activities ( LA ) RIN: 1105-AB38

 View Related Documents

Title: Assumption of Concurrent Federal Criminal Jurisdiction In Certain Areas of Indian Country

Abstract: This rule establishes the procedures for an Indian tribe that is subject to Public Law 280 (18 U.S.C. 1162(a)) to

request that the United States accept concurrent criminal jurisdiction within the tribe's Indian country, and for the Attorney

General to decide whether to consent to such a request.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 28 CFR 50.25 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 5 USC 301; PL 111-211, title II

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 05/23/2011 76 FR 29675 

NPRM Comment Period End 07/07/2011 

Final Action 12/00/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: Tribal

Federalism: No

Energy Affected: No

Agency Contact: Tracy Toulou

Director

Department of Justice

Legal Activities

Office of Tribal Justice 950 Pennsylvania Avenue NW. Room 2310

Washington , DC 20530 

Phone: 202 514-8812 

Department of Justice (DOJ) 

Regulations.gov Friday, January 20, 2012 Unified Agenda

18
Legal Activities ( LA ) RIN: 1105-AA65

 View Related Documents

Title: Designation of Agencies To Receive and Investigate Reports Required Under the Protection of Children From Sexual

Predators Act

Abstract: On October 30, 1998, Congress passed the Protection of Children From Sexual Predators Act of 1998 (PCSPA). The

PCSPA requires providers of an electronic communication service or a remote computing service to the public, through a facility

or means of interstate or foreign commerce, to report incidents of child pornography as defined by sections 2251, 2251A, 2252,

2252A, or 2260 of title 18, United States Code, to the appropriate Federal agency. In order to facilitate effective reporting, the

PCSPA requires the Attorney General to "designate an agency" to receive and investigate such reports of child pornography.

The proposed rule previously published set forth the Attorney General's proposed designations and certain other matters

covered by the PCSPA's reporting requirements. On November 29, 1999, as part of the Consolidated Appropriations Act, 2000,

Public Law 106-113, 113 Stat. 1501, Congress amended 42 U.S.C. 13032 to require providers to report such incidents to the

Cyber Tipline at the National Center for Missing and Exploited Children (NCMEC), which shall forward that report to a law

enforcement agency or agencies designated by the Attorney General. As amended by the Prosecutorial Remedies and Other

Tools to End the Exploitation of Children Today Act of 2003, Public Law No. 108-21, the PCSPA also requires providers to

report incidents of child pornography involving violations of section 2252B of title 18, United States Code, and incidents of

violations of section 1466A, title 18, United States Code, and permits NCMEC to forward reports to State and local law

enforcement agencies where appropriate. On November 4, 2003, an interim final rule was published designating four Federal

law enforcement agencies that will receive reports pursuant to 42 U.S.C. 13032. These include the Federal Bureau of

Investigation, the Bureau of Immigration and Customs Enforcement, the U.S. Postal Inspection Service, and the U.S. Secret

Service. In a related matter, RIN 1105-AB06, "Reporting Under the Protection of Children From Sexual Predators Act, as

Amended," the Department is preparing a notice of proposed rulemaking to provide guidance to those law enforcement

agencies and to the providers making the reports.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Long-term Action

Major: No Unfunded Mandates: No

CFR Citation: 28 CFR 81 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 42 USC 13032

Legal Deadline: 

Action Source Description Date

NPRM Statutory 04/28/1999 

Timetable:

Action Date FR Cite

Final Action 00/00/0000 

NPRM 05/26/1999 64 FR 28422 

NPRM Comment Period End 07/26/1999 

Interim Final Rule 11/04/2003 68 FR 62370 

Interim Final Rule Effective 12/04/2003 

Interim Final Rule Comment Period End 01/05/2004 

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal

Federalism: No

Agency Contact: Andrew Oosterbaan

Chief, Child Exploitation and Obscenity Section

Department of Justice

Legal Activities

Suite 600 1400 New York Avenue NW.

Washington , DC 20530 

Phone: 202 514-5780 

FAX: 202 514-1793

Department of Justice (DOJ) 

Legal Activities ( LA ) RIN: 1105-AB32

 View Related Documents

Title: Designation of Domestic and Foreign Law Enforcement Entities To Receive Cybertipline Reports Required Under the

Protect Our Children Act of 2008

Regulations.gov Friday, January 20, 2012 Unified Agenda

19
Abstract: The Protect Our Children Act of 2008 (POCA), Public Law 110-401, title V, section 501(a) requires the Attorney

General to designate the Federal law enforcement agencies to which the National Center for Missing and Exploited Children

(NCMEC) shall forward any cybertipline report received by NCMEC pursuant to the statute (codified at 18 U.S.C. 2258A(d)(2));

and the foreign law enforcement agencies to which NCMEC shall forward those reports (codified at 18 U.S.C. 2258A(d)(3)). The

provision requiring the Attorney General to designate Federal law enforcement agencies to receive these reports originated in

earlier legislation–-the October 30, 1998, Protection of Children From Sexual Predators Act of 1998 (PCSPA), and subsequently

in the Prosecutorial Remedies and Other Tools to End the Exploitation of Children Today Act of 2003 (PROTECT Act). The

cybertipline reporting requirement and the requirement for Attorney General regulations designating the Federal law enforcement

agencies were codified in 42 U.S.C. 13032. On November 4, 2003, an interim final rule was published designating four Federal

law enforcement agencies that will receive reports pursuant to 42 U.S.C. 13032. These include the Federal Bureau of

Investigation, the Bureau of Immigration and Customs Enforcement, the U.S. Postal Inspection Service, and the U.S. Secret

Service. See RIN 1105-AA65. Because POCA moves the statutory provision requiring the Attorney General designation of

Federal Agencies from title 42 to title 18 of the Criminal Code, and because POCA adds a new designation requirement in

addition to Federal agencies, the prior pending RINs (1105-AA65 and 1105-AB06) are superseded by this new RIN. Note that

RIN 1105-AB06 contemplated rulemaking that would provide guidance to the Electronic Service Providers covered by 42 U.S.C.

13032, NCMEC, and the designated law enforcement agencies on the content of the required reports. The need for the

rulemaking contemplated in RIN 1105-AB06 no longer exists, since POCA specifically provides that guidance. Thus, the

rulemaking proposed herein will re-designate the Federal Agencies to whom NCMEC shall forward cybertipline reports; and

shall designate, in consultation with the Secretary of State, the foreign law enforcement agencies to which a cybertipline report

may be forwarded, and will further establish the conditions under which such a report may be forwarded by NCMEC to such

agencies, and will set forth a process for foreign law enforcement agencies to request assistance from Federal law enforcement

agencies in obtaining evidence related to a cybertipline report.

Priority: Other Significant Agenda Stage of Rulemaking: Long-term Action

Major: No Unfunded Mandates: No

CFR Citation: 28 CFR 81 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 18 USC 2258A(d)

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 00/00/0000 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

Energy Affected: No

Agency Contact: Andrew Oosterbaan

Chief, Child Exploitation and Obscenity Section

Department of Justice

Legal Activities

Suite 600 1400 New York Avenue NW.

Washington , DC 20530 

Phone: 202 514-5780 

FAX: 202 514-1793

Department of Justice (DOJ) 

Legal Activities ( LA ) RIN: 1105-AB15

 View Related Documents

Title: Conforming OVW Grant Programs Regulations to Statutory Changes

Abstract: The Office on Violence Against Women issued a Notice of Proposed Rulemaking in December 2003 relating to

clarification of the match requirement under the STOP Formula Grant Program and the STOP Violence Against Indian Women

Discretionary Grant Program. On January 5, 2006, President Bush signed the Violence Against Women and Department of

Justice Reauthorization Act of 2005 (VAWA 2005, Pub. L. 109-162). VAWA 2005 changed the match requirements governing

these programs and made other changes to OVW grant programs. Because of this, the specific changes proposed in the prior

Notice are no longer applicable. Changes to the match requirement due to VAWA 2005 will be included in this new rulemaking.

This rule proposes to amend the regulations for certain violence against women grant programs to comply with statutory

changes. It also proposes to streamline existing regulations to reduce the repetition of statutory language. The STOP (ServicesTraining-Officers-Prosecutors) Violence Against Women Formula Grant Program is codified at 42 U.S.C. 3796gg through

3796gg-5. The final rule for this program, found at 28 CFR part 90, was promulgated on April 18, 1995. The Grants to

Regulations.gov Friday, January 20, 2012 Unified Agenda

20
Encourage Arrest Policies and Enforcement of Protection Orders Program is codified at 42 U.S.C. 3796hh through 3796hh-4.

The final rule for the program, found at 28 CFR part 90, subpart D, was promulgated on August 6, 1996. This rule proposes to

amend the regulations governing the STOP Violence Against Women Formula Grant Program and the Grants to Encourage

Arrest Policies and Enforcement of Protection Orders Program to comply with the amendments to these programs enacted by

VAWA 2005. These proposed changes to the regulations simply incorporate statutory changes and make some minor technical

corrections.

Priority: Info./Admin./Other Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 28 CFR 90 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: PL 109-162

Legal Deadline: None

Timetable:

Action Date FR Cite

Withdrawn 10/25/2011 

Additional Information: This rulemaking incorporated the action previously reported under RINs 1105-AB07 and 1121-AA67.

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Ms. Marnie Shiels Department of Justice

Legal Activities

Office on Violence Against Women

Washington , DC 20405 

Phone: 202 305-2981 

E-Mail: marnie.shiels@usdoj.gov

Department of Justice (DOJ) 

Legal Activities ( LA ) RIN: 1105-AB16

 View Related Documents

Title: Procedures for Review of Denial of Claims of Standing Trustee for Actual, Necessary Expenses

Abstract: This rule sets forth the procedures for the administrative review of denials of standing trustees' claims that certain

expenses are actual, necessary for their administration of chapter 12 and 13 cases. Section 1231(b) of the Bankruptcy Abuse

Prevention and Consumer Protection Act of 2005 ("BAPCPA"), as codified at 28 U.S.C. 586(e)(3)(4) requires that: (1) Standing

trustees exhaust all administrative remedies pertaining to denial of a claim of actual, necessary expenses before seeking

judicial review of them; and (2) the Attorney General prescribe procedures for administrative review of such claim denials. This

rule ensures that the process of administratively reviewing denials of standing trustees' expense claims is fair and effective.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 28 CFR 58 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 28 USC 586(e)(4)

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 08/14/2009 74 FR 41101 

NPRM Comment Period End 10/13/2009 

Final Action 05/31/2011 76 FR 31225 

Final Action Effective 06/30/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Ramona D. Elliott

Regulations.gov Friday, January 20, 2012 Unified Agenda

21
General Counsel

Department of Justice

Legal Activities

Executive Office for United States Trustees Suite 8100 20 Massachusetts Avenue NW.

Washington , DC 20530 

Phone: 202 307-1399 

FAX: 202 307-2397

E-Mail: ramona.d.elliott@usdoj.gov

Department of Justice (DOJ) 

Legal Activities ( LA ) RIN: 1105-AB39

 View Related Documents

Title: James Zadroga 9/11 Health and Compensation Act of 2010

Abstract: On January 2, 2011, President Obama signed into law the James Zadroga 9/11 Health and Compensation Act of

2010 (Pub. L. 111-347). Title I established a program within the Department of Health and Human Services to provide medical

monitoring and treatment benefits to eligible individuals. Title II reactivated the September 11th Victim Compensation Fund of

2001 (the Fund) and required the Attorney General to appoint a Special Master to adjudicate claims brought by individuals (or

their personal representative) who were sufficiently close to the crash sites and suffered physical harm or death as a result.

Regulations funding the Fund must be promulgated by July 1, 2011, and the program will begin accepting claims thereafter.

Priority: Economically Significant Agenda Stage of Rulemaking: Completed Action

Major: Yes Unfunded Mandates: No

CFR Citation: 28 CFR 104 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: PL 111-347, title II

Legal Deadline: 

Action Source Description Date

Other Statutory Regulations guiding the Fund must be published by this date. 07/01/2011 

Timetable:

Action Date FR Cite

NPRM 06/21/2011 76 FR 36027 

NPRM Comment Period End 08/05/2011 

Final Action 08/31/2011 76 FR 54112 

Final Rule Effective 10/03/2011 

Final Rule; Correction 10/20/2011 76 FR 65112 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Danielle C. Gray

Counsel

Department of Justice

Legal Activities

Civil Division 950 Pennsylvania Ave NW. Room 3140, Main RFK Building

Washington , DC 20530 

Phone: 202 307-6315 

Department of Justice (DOJ) 

Federal Bureau of Investigation ( FBI ) RIN: 1110-AA27

 View Related Documents

Title: Proposed Changes to NICS Intended To Promote Public Safety, To Enhance the Efficiency of NICS Operations, and To

Resolve Difficulties Created by Unforeseen Processing Conflicts Within the System

Abstract: The Department of Justice proposes three amendments to title 28 of the Code of Federal Regulations, part 25.

These proposed changes are intended to promote public safety, to enhance the efficiency of the National Instant Criminal

Background Check System (NICS) operations, and to resolve difficulties created by unforeseen processing conflicts within the

Regulations.gov Friday, January 20, 2012 Unified Agenda

22
system. The proposed amendments are for the following purposes: (1) to add tribal criminal justice agencies to those entities

authorized to receive information in connection with the issuance of a firearm-related permit or license; (2) to authorize access

to the FBI-maintained NICS Index to permit background checks for the purpose of returning firearms in the possession of a law

enforcement or criminal justice agency; and (3) to permit the NICS to retain in a separate database its Audit Log records

relating to denied transactions for the full record retention period approved by the National Archives and Records Administration.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 28 CFR 25.6 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: PL 103-159

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 04/00/2012 

NPRM Comment Period End 06/00/2012 

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal; Local; State

Federalism: No

Energy Affected: No

Agency Contact: Mary Kay Paugh 

Program Analyst, EDAS Team, NICS Section, CJIS Division

Department of Justice

Federal Bureau of Investigation

Module A-3 1000 Custer Hollow Road

Clarksburg , WV 26306 

Phone: 304 625-7414 

FAX: 304 625-0535

Department of Justice (DOJ) 

Federal Bureau of Investigation ( FBI ) RIN: 1110-AA28

 View Related Documents

Title: Clarification Regarding the Production of FBI Criminal Identification Records

Abstract: The rule proposes to amend the FBI's regulations concerning procedures an individual may use to obtain his or her

criminal identification records and clarify that criminal identification records may be provided only to the subject making the

request, the subject's attorney, or the subject's personal representative. In addition, this rule will provide authority to accept

alternative proofs of identity necessary to accompany such requests and allow the FBI to authorize additional methods of

submitting requests and additional methods of payment. Finally, this rule will clarify that the term "identification record" means a

"criminal identification record" and not other identification records that may be maintained by the FBI.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 28 CFR 16, subpart C (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 31 USC 9701

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 03/00/2012 

NPRM Comment Period End 05/00/2012 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Gary Barron

Compact Officer

Department of Justice

Regulations.gov Friday, January 20, 2012 Unified Agenda

23
Federal Bureau of Investigation

Module D-3 1000 Custer Hollow

Clarksburg , WV 26408 

Phone: 304 625-2000 

Department of Justice (DOJ) 

Federal Bureau of Investigation ( FBI ) RIN: 1110-AA23

 View Related Documents

Title: Implementation of the Private Security Officer Employment Authorization Act of 2004

Abstract: The Private Security Officer Employment Authorization Act of 2004, Public Law 108-458, section 6402(d)(2), (the Act)

requires the Attorney General to issue rules to regulate the security, confidentiality, accuracy, use, submission, dissemination,

destruction of information and audits, and recordkeeping of the criminal history record information and related information;

standards for qualifying an authorized employer; and the imposition of fees. This rule amends title 28 of the Code of Federal

Regulations to implement the Act. The rule authorizes access to FBI-maintained justice information systems to authorize a

fingerprint-based check of State and national criminal history records to screen prospective and current private security officers.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: Not Yet Determined (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 18 USC 534; PL 108-456, sec 6402

Legal Deadline: 

Action Source Description Date

Other Statutory Statutorily required final rule within 180 days of enactment (enacted

12/17/2004) 06/15/2005 

Timetable:

Action Date FR Cite

Interim Final Rule Effective 01/11/2006 71 FR 1690 

Interim Final Rule 01/11/2006 71 FR 1690 

Interim Final Rule Comment Period End 03/13/2006 71 FR 1690 

Final Action 03/00/2012 

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal; State

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: M. McIntyre Sundin 

Attorney-Advisor

Department of Justice

Federal Bureau of Investigation

1000 Custer Hollow Road

Clarksburg , WV 26306 

Phone: 304 625-2000 

FAX: 304 625-3944

E-Mail: enexreg@leo.gov

Department of Justice (DOJ) 

Federal Bureau of Investigation ( FBI ) RIN: 1110-AA24

 View Related Documents

Title: Carriage of Concealed Weapons Pursuant to the Law Enforcement Officers Safety Act of 2004

Abstract: The Law Enforcement Officers Safety Act of 2004, Public Law 108-277 (the Act), exempts qualified current and

former law enforcement officers from State laws prohibiting the carrying of concealed handguns. This rule implements the Act by

amending 28 CFR 20.3(b) to add "the issuing of identification documents to current and retired law enforcement officers

pursuant to Public Law 108-277" to the definition of administration of criminal justice. This change will authorize access to FBImaintained criminal justice information systems to support performing criminal background checks on current and retired law

enforcement officers seeking identification documents to carry a concealed firearm pursuant to Public Law 108-277.

Regulations.gov Friday, January 20, 2012 Unified Agenda

24
Priority: Other Significant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 28 CFR 20 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: PL 108-277

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 01/23/2007 72 FR 2817 

NPRM Comment Period End 03/26/2007 

Final Action 03/00/2012 

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal; Local; State; Tribal

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: M. McIntyre Sundin 

Attorney-Advisor

Department of Justice

Federal Bureau of Investigation

1000 Custer Hollow Road

Clarksburg , WV 26306 

Phone: 304 625-2000 

FAX: 304 625-3944

E-Mail: enexreg@leo.gov

Department of Justice (DOJ) 

Federal Bureau of Investigation ( FBI ) RIN: 1110-AA25

 View Related Documents

Title: Inclusion of Nonserious Offense Identification Records

Abstract: This rule amends FBI regulations defining the offenses that may serve as the basis for maintaining fingerprints and

criminal history record information (CHRI) in its criminal history record information systems. The relevant FBI information

systems include the Fingerprint Identification Record System (FIRS), which maintains fingerprints records, and the Interstate

Identification Index (III) System, which maintains fingerprint-supported CHRI. The amendment broadens the definition of

includable offenses to permit the retention of information relating to currently excluded non-serious offenses (NSOs) as well as

information relating to "serious and/or significant adult or juvenile offenses." The revised regulation will permit the retention and

exchange of fingerprints and CHRI relating to NSOs when provided by the submitting jurisdiction for retention by the FBI. Such

NSO information is currently maintained only at the State and local levels. The change allows for the more uniform collection of

CHRI at the Federal level. It establishes more uniform sharing of such information among the States by allowing States to make

NSO information available for national criminal history record searches--for both criminal justice and non-criminal justice

purposes--by submitting such information for retention by the FBI.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 28 CFR 20 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 28 USC 534; 42 USC 14614(c); 42 USC 14615; PL 92-544; PL 99-169; PL 99-569; PL 101-410

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 09/05/2006 71 FR 52302 

NPRM Comment Period End 11/06/2006 

Final Action 04/00/2012 

Additional Information: This action (RIN 1110-AA25; FBI Docket No. 111) continues a portion of a rulemaking relating to

criminal history record information for non-serious offenses (NSOs) that was previously reported under RIN 1110-AA20; FBI

Docket No. 110.

Regulations.gov Friday, January 20, 2012 Unified Agenda

25
Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Agency Contact: M. McIntyre Sundin 

Attorney-Advisor

Department of Justice

Federal Bureau of Investigation

1000 Custer Hollow Road

Clarksburg , WV 26306 

Phone: 304 625-2000 

FAX: 304 625-3944

E-Mail: enexreg@leo.gov

Department of Justice (DOJ) 

Federal Bureau of Investigation ( FBI ) RIN: 1110-AA31

 View Related Documents

Title: Federal Bureau of Investigation Anti-Piracy Warning Seal Program

Abstract: The proposed rule will grant a general authorization for use of the FBI Anti-Piracy Warning Seal (APW Seal),

providing access to the APW Seal to all copyright holders, subject to specific conditions of use. The APW is a modified image of

the FBI's Official Seal with the words "FBI Anti-Piracy Warning" superimposed on it. On November 17, 2003, the Attorney

General approved the APW Seal, then referred to as the "FBI Intellectual Property Rights Seal," as an official insignia of the FBI

to be used by the FBI and FBI-authorized entities as part of a copyright anti-piracy awareness campaign. This approval brought

the APW Seal within the protection of title 18 U.S.C. section 701, which provides criminal sanctions for the unauthorized uses of

such insignia. The image of the APW seal will be made available on the FBI's public website, and it may be downloaded for use

on eligible works as specified in the rule.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 41 CFR 128-1 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 18 USC 701

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 09/07/2011 76 FR 55332 

NPRM Comment Period End 11/07/2011 

Final Action 04/00/2012 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: John C. Allender

Assistant General Counsel

Department of Justice

Federal Bureau of Investigation

935 Pennsylvania Avenue NW. Room 7350

Washington , DC 20535 

Phone: 202 324-8088 

FAX: 202-324-1039

E-Mail: john.allender@ic.fbi.gov

Department of Justice (DOJ) 

Drug Enforcement Administration ( DEA ) RIN: 1117-AB14

 View Related Documents

Title: Verification of Self-Certification Status of Regulated Sellers and Mail-Order Distributors

Abstract: In March 2006, the Combat Methamphetamine Epidemic Act of 2006 (CMEA) was enacted, which mandated that

Regulations.gov Friday, January 20, 2012 Unified Agenda

26
regulated sellers of scheduled listed chemical products self-certify with DEA in order to sell these products at retail. In

September 2007, DEA published a Notice of Propose Rulemaking (NPRM) which would have required registrants to comply with

certain record keeping requirements related to the self-certification status of their downstream customers. In October 2010, the

Combat Methamphetamine Enhancement Act of 2010 (MEA) was enacted. This new law requires DEA to develop and make

publicly available a list of all currently self-certified persons. MEA also makes it unlawful to distribute a scheduled listed

chemical product to any regulated seller or mail-order distributor who is not actually on the list of self-certified persons at the

time of the distribution. DEA is publishing this Notice of Proposed Rulemaking to address the comments received in response to

the 2007 NPRM and to implement the new requirements of the MEA.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 21 CFR 1310 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 21 USC 802; 21 USC 827(h); 21 USC 830; 21 USC 871; 21 USC 890

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 09/21/2007 72 FR 53973 

NPRM Comment Period End 11/20/2007 

NPRM 03/00/2012 

Additional Information: Docket No. DEA-302 Note: The original NPRM under this RIN was published with the title "Record

Requirements for Chemical Distributors." The title of this new NPRM has been updated to better reflect the current contents of

the rule.

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Public Comment URL: www.deadiversion.usdoj.gov

Agency Contact: Imelda L. Paredes 

Executive Assistant, Deputy Assistant Administrator

Department of Justice

Drug Enforcement Administration

600 Army Navy Drive

Arlington , VA 22202 

Phone: 202 307-7165 

E-Mail: imelda.l.paredes@usdoj.gov

Department of Justice (DOJ) 

Drug Enforcement Administration ( DEA ) RIN: 1117-AB18

 View Related Documents

Title: Disposal of Controlled Substances

Abstract: The Drug Enforcement Administration (DEA) is proposing requirements to govern the secure disposal of controlled

substances by both DEA registrants and ultimate users. This proposed rule will implement the Secure and Responsible Drug

Disposal Act of 2010 by providing ultimate users, long term care facilities, and other non-registrants safe and convenient options

to transfer controlled substances for the purpose of disposal. The proposed rule also reorganizes and consolidates existing

regulations on disposal, including the role of reverse distributors, and proposes a comprehensive regulatory framework for the

collection and destruction of controlled substances consistent with the Controlled Substances Act.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 21 CFR 1300; 21 CFR 1301; 21 CFR 1304; 21 CFR 1305; 21 CFR 1307; new part 1317 (To search for a

specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 21 USC 821; 21 USC 822; 21 USC 823; 21 USC 827; 21 USC 828; 21 USC 871; 21 USC 958

Legal Deadline: None

Timetable:

Action Date FR Cite

Regulations.gov Friday, January 20, 2012 Unified Agenda

27
ANPRM 01/21/2009 74 FR 3480 

ANPRM Comment Period End 03/23/2009 

Notice of Public Meeting 12/22/2010 75 FR 80536 

NPRM 04/00/2012 

Additional Information: Docket Number DEA-316

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

Energy Affected: No

RIN Information URL: www.deadiversion.usdoj.gov Public Comment URL: www.regulations.gov

Agency Contact: Imelda L. Paredes 

Executive Assistant, Deputy Assistant Administrator

Department of Justice

Drug Enforcement Administration

600 Army Navy Drive

Arlington , VA 22202 

Phone: 202 307-7165 

E-Mail: imelda.l.paredes@usdoj.gov

Department of Justice (DOJ) 

Drug Enforcement Administration ( DEA ) RIN: 1117-AB31

 View Related Documents

Title: Classification of Two Steroids, Prostanozol and Methasterone, as Schedule III Anabolic Steroids Under the Controlled

Substances Act

Abstract: This rule proposes to classify the following two steroids as "anabolic steroids" under the Controlled Substances Act

(CSA): prostanozol and methasterone. The Drug Enforcement Administration (DEA) believes that this action is necessary to

prevent the abuse and trafficking of these steroids. If the regulations are amended, these steroids will be listed as Schedule III

controlled substances subject to the regulatory control provisions of the CSA.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 21 CFR 1300 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 21 USC 802; 21 USC 821; 21 USC 829; 21 USC 871; 21 USC 951; 21 USC 958

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 12/00/2011 

Additional Information: Docket Number DEA-341

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

Energy Affected: No

Agency Contact: Imelda L. Paredes 

Executive Assistant, Deputy Assistant Administrator

Department of Justice

Drug Enforcement Administration

600 Army Navy Drive

Arlington , VA 22202 

Phone: 202 307-7165 

E-Mail: imelda.l.paredes@usdoj.gov

Department of Justice (DOJ) 

Drug Enforcement Administration ( DEA ) RIN: 1117-AB34

Regulations.gov Friday, January 20, 2012 Unified Agenda

28
 View Related Documents

Title: Establishment of Quotas Required by Controlled Substances Act

Abstract: Pursuant to Executive Order 13563, DEA is conducting a comprehensive review of its quota regulations under the

Controlled Substances Act. The quotas are intended to control the available quantities of the basic ingredients needed for the

manufacture of certain substances to reduce the risk of diversion while ensuring sufficient availability to satisfy the legitimate

needs of the United States. DEA will review all quota regulations and explore strategies to streamline the quota system to

achieve greater efficiency and effectiveness.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 21 CFR 1303; 21 CFR 1315 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 21 USC 826; 21 USC 871

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 09/00/2012 

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: No

Federalism: No

Energy Affected: No

Agency Contact: Imelda L. Paredes 

Executive Assistant, Deputy Assistant Administrator

Department of Justice

Drug Enforcement Administration

600 Army Navy Drive

Arlington , VA 22202 

Phone: 202 307-7165 

E-Mail: imelda.l.paredes@usdoj.gov

Department of Justice (DOJ) 

Drug Enforcement Administration ( DEA ) RIN: 1117-AA61

 View Related Documents

Title: Electronic Prescriptions for Controlled Substances

Abstract: DEA is revising its regulations to establish the criteria that will allow DEA-registered practitioners to sign and transmit

controlled substances prescriptions electronically. The regulations will also permit pharmacies to receive, dispense, and archive

these electronic prescriptions. These regulations would not mandate the use of electronic prescriptions, but would establish the

requirements that must be met by any registrant that wishes to issue or receive electronic prescriptions for controlled

substances. The regulations would establish requirements that practitioners must meet when issuing electronic prescriptions,

including requirements for the software applications used to issue those prescriptions; registrants would have to use only those

software applications that meet the security requirements if they intend to sign, transmit, or process electronic prescriptions for

controlled substances. The regulations would not apply to software used to create a prescription that is then printed and

manually signed. These revised regulations would be in addition to, not a replacement of, existing rules on prescriptions for

controlled substances.

Priority: Economically Significant Agenda Stage of Rulemaking: Final Rule

Major: Yes Unfunded Mandates: No

CFR Citation: 21 CFR 1300; 21 CFR 1304; 21 CFR 1306; 21 CFR 1311 (To search for a specific CFR, visit the Code of

Federal Regulations ) 

Legal Authority: 21 USC 802; 21 USC 821; 21 USC 827; 21 USC 829; 21 USC 871(b)

Legal Deadline: None

Timetable:

Action Date FR Cite

ANPRM 03/05/2001 66 FR 13274 

NPRM 06/27/2008 73 FR 36722 

NPRM Comment Period End 09/25/2008 

Regulations.gov Friday, January 20, 2012 Unified Agenda

29
Interim Final Rule 03/31/2010 75 FR 16236 

Interim Final Rule Comment Period End 06/01/2010 

Interim Final Rule Effective 06/01/2010 

Final Action 06/00/2012 

Additional Information: Docket Number DEA-218

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: Business Federalism: No

Public Comment URL: www.deadiversion.usdoj.gov

Agency Contact: Imelda L. Paredes 

Executive Assistant, Deputy Assistant Administrator

Department of Justice

Drug Enforcement Administration

600 Army Navy Drive

Arlington , VA 22202 

Phone: 202 307-7165 

E-Mail: imelda.l.paredes@usdoj.gov

Department of Justice (DOJ) 

Drug Enforcement Administration ( DEA ) RIN: 1117-AA62

 View Related Documents

Title: Security Requirements for Handlers of Pseudoephedrine, Ephedrine, and Phenylpropanolamine

Abstract: Pseudoephedrine and ephedrine are used in the illegal manufacture of methamphetamine, and phenylpropanolamine

is used in the illegal manufacture of amphetamine. The vast majority of clandestine laboratories produce methamphetamine

using over-the-counter regulated drug products. DEA has received numerous reports regarding the theft of large quantities of

these products at the wholesale level. DEA proposed to require that manufacturers, distributors, importers, and exporters of

pseudoephedrine, ephedrine, and phenylpropanolamine implement security procedures similar to those of Schedule III-V

controlled substances to prevent the theft and diversion of these List I chemicals. These procedures include the storage of

substances in a secure safe or steel cabinet, cage, or room, and installation of a monitored alarm system linked to a central

location. DEA also sought input regarding alternative means to effectively prevent the theft and diversion of these products.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 21 CFR 1309 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 21 USC 802; 21 USC 821; 21 USC 822; 21 USC 823; 21 USC 824; 21 USC 830; 21 USC 871; 21 USC 875;

21 USC 877; 21 USC 886a; 21 USC 952; 21 USC 958

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 07/30/2004 69 FR 45616 

NPRM Comment Period End 10/28/2004 

Final Action 09/00/2012 

Additional Information: Docket Number DEA-211

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Public Comment URL: dea.diversion.policy@usdoj.gov

Agency Contact: Imelda L. Paredes 

Executive Assistant, Deputy Assistant Administrator

Department of Justice

Drug Enforcement Administration

600 Army Navy Drive

Arlington , VA 22202 

Phone: 202 307-7165 

E-Mail: imelda.l.paredes@usdoj.gov

Regulations.gov Friday, January 20, 2012 Unified Agenda

30
Department of Justice (DOJ) 

Drug Enforcement Administration ( DEA ) RIN: 1117-AB05

 View Related Documents

Title: Retail Sales of Scheduled Listed Products; Chemical; Self-Certification of Regulated Sellers of Scheduled Listed

Chemical Products

Abstract: This rule implements retail provisions of the Combat Methamphetamine Epidemic Act of 2005 (title VII of Pub. L.

109-177). Provisions include daily and 30-day sales limits for these products, product placement requirements (behind the

counter), logbook and identification requirements for purchasers, training of employees of the seller, and self-certification by the

seller regarding compliance of the Act.

Priority: Economically Significant Agenda Stage of Rulemaking: Final Rule

Major: Yes Unfunded Mandates: No

CFR Citation: 21 CFR 1300; 21 CFR 1309; 21 CFR 1310; 21 CFR 1314 (To search for a specific CFR, visit the Code of

Federal Regulations ) 

Legal Authority: 21 USC 802; 21 USC 821; 21 USC 822; 21 USC 823; 21 USC 824; 21 USC 827(h); 21 USC 829; 21 USC

830; 21 USC 842; 21 USC 871(b); 21 USC 875; 21 USC 877; 21 USC 886a; 21 USC 890; 21 USC 951; 21 USC 952; 21 USC

958

Legal Deadline: None

Timetable:

Action Date FR Cite

Interim Final Rule Effective 09/21/2006 

Interim Final Rule 09/26/2006 71 FR 56008 

Interim Final Rule Effective: Sections 1314.20, 1314.25, and 1314.30 09/30/2006 

Correction 10/13/2006 71 FR 60609 

Interim Final Rule Effective: Section 1314.30(a)(2) 11/27/2006 

Interim Final Rule Comment Period End 11/27/2006 

Final Action 09/00/2012 

Additional Information: Docket Number DEA-291

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Public Comment URL: www.regulations.gov

Agency Contact: Imelda L. Paredes 

Executive Assistant, Deputy Assistant Administrator

Department of Justice

Drug Enforcement Administration

600 Army Navy Drive

Arlington , VA 22202 

Phone: 202 307-7165 

E-Mail: imelda.l.paredes@usdoj.gov

Department of Justice (DOJ) 

Drug Enforcement Administration ( DEA ) RIN: 1117-AB06

 View Related Documents

Title: Implementation of the Combat Methamphetamine Epidemic Act of 2005; Notice of Transfers Following Importation or

Exportation

Abstract: This rule implements the "spot market" provisions of the Combat Methamphetamine Epidemic Act of 2005 (title VII of

Pub. L. 109-177). Importers, exporters, and persons conducting international transactions of all List I and List II chemicals will

now be required to provide DEA with information on the person to whom they will transfer the listed chemicals and the amount

to be transferred, and must now provide a return declaration once the importation, exportation, or international transaction has

occurred. These provisions will allow DEA to monitor efficiently the flow of chemicals that can be used illicitly to manufacture

Regulations.gov Friday, January 20, 2012 Unified Agenda

31
controlled substances.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 21 CFR 1300; 21 CFR 1313 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 21 USC 802; 21 USC 830; 21 USC 871(b); 21 USC 951; 21 USC 958(f); 21 USC 971

Legal Deadline: None

Timetable:

Action Date FR Cite

Interim Final Rule With Request for Comments 04/09/2007 72 FR 17401 

Interim Final Rule Comment Period End 05/09/2007 

Interim Final Rule Effective 05/09/2007 

Temporary Stay of Certain Provisions 05/22/2007 72 FR 28601 

Final Action 09/00/2012 

Additional Information: Docket DEA-292

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

RIN Information URL: www.regulations.gov

Agency Contact: Imelda L. Paredes 

Executive Assistant, Deputy Assistant Administrator

Department of Justice

Drug Enforcement Administration

600 Army Navy Drive

Arlington , VA 22202 

Phone: 202 307-7165 

E-Mail: imelda.l.paredes@usdoj.gov

Department of Justice (DOJ) 

Drug Enforcement Administration ( DEA ) RIN: 1117-AB20

 View Related Documents

Title: Implementation of the Ryan Haight Online Pharmacy Consumer Protection Act of 2008

Abstract: The Ryan Haight Online Pharmacy Consumer Protection Act, which was enacted on October 15, 2008, amended the

Controlled Substances Act and Controlled Substances Import and Export Act by adding several new provisions to prevent the

illegal distribution and dispensing of controlled substances by means of the Internet.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 21 CFR 1300; 21 CFR 1301; 21 CFR 1304; 21 CFR 1306 (To search for a specific CFR, visit the Code of

Federal Regulations ) 

Legal Authority: 21 USC 801; 21 USC 802; 21 USC 823; 21 USC 827; 21 USC 829; 21 USC 830; 21 USC 831; 21 USC 841;

21 USC 843; PL 91-513; 21 USC 871; 21 USC 882; 21 USC 960; PL 110-425

Legal Deadline: Regulatory authority of the Attorney General has been delegated to the Administrator of DEA. It is evident that

Congress contemplated it would be necessary for DEA to issue regulations on an interim basis in order to implement the Act

within the relatively short time period between the passage of the Act (October 15, 2008) and its effective date (April 13, 2009).

Action Source Description Date

Other Statutory Interim Final Rule implementing Ryan Haight Online Pharmacy

Consumer Protection Act of 2008 04/13/2009 

Timetable:

Action Date FR Cite

Interim Final Rule Effective 04/06/2009 

Interim Final Rule 04/06/2009 74 FR 15596 

Interim Final Rule Comment Period End 06/05/2009 

Final Action 09/00/2012 

Regulations.gov Friday, January 20, 2012 Unified Agenda

32
Additional Information: Docket Number DEA-322

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

Energy Affected: No

RIN Information URL: www.deadiversion.usdoj.gov Public Comment URL: www.regulations.gov

Agency Contact: Imelda L. Paredes 

Executive Assistant, Deputy Assistant Administrator

Department of Justice

Drug Enforcement Administration

600 Army Navy Drive

Arlington , VA 22202 

Phone: 202 307-7165 

E-Mail: imelda.l.paredes@usdoj.gov

Department of Justice (DOJ) 

Drug Enforcement Administration ( DEA ) RIN: 1117-AB25

 View Related Documents

Title: Implementation of the Methamphetamine Production Prevention Act of 2008

Abstract: In October 2008, the President signed the Methamphetamine Production Prevention Act of 2008, which clarifies the

information entry and signature requirements for electronic logbook systems permitted for the retail sale of scheduled listed

chemical products. DEA is promulgating this rule to incorporate the statutory provisions and make its regulations consistent with

the new requirements.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 21 CFR 1314 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 21 USC 802; 21 USC 830; 21 USC 842; 21 USC 871; 21 USC 875; 21 USC 877; 21 USC 886a

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 03/23/2010 75 FR 13702 

NPRM Comment Period End 05/24/2010 

Final Action 02/00/2012 

Additional Information: Docket number DEA-328

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

Energy Affected: No

RIN Information URL: www.dea.diversion.policy@usdoj.gov Public Comment URL: www.regulations.gov

Agency Contact: Imelda L. Paredes 

Executive Assistant, Deputy Assistant Administrator

Department of Justice

Drug Enforcement Administration

600 Army Navy Drive

Arlington , VA 22202 

Phone: 202 307-7165 

E-Mail: imelda.l.paredes@usdoj.gov

Department of Justice (DOJ) 

Drug Enforcement Administration ( DEA ) RIN: 1117-AB30

 View Related Documents

Regulations.gov Friday, January 20, 2012 Unified Agenda

33
Title: Self-Certification and Employee Training of Mail-Order Distributors of Scheduled Listed Chemical Products

Abstract: On October 12, 2010, the President signed the Combat Methamphetamine Enhancement Act of 2010 (MEA). It

establishes new requirements for mail-order distributors of scheduled listed chemical products. Mail-order distributors must now

self-certify to DEA in order to sell scheduled listed chemical products at retail. Sales at retail are those sales intended for

personal use; mail-order distributors that sell scheduled listed chemical products not intended for personal use, e.g., sale to a

university, are not affected by the new law. This self-certification must include a statement that the mail-order distributor

understands each of the requirements that apply under part 1314 and agrees to comply with these requirements. Additionally,

mail-order distributors are now required to train their employees prior to self certification. DEA is promulgating this rule to

incorporate the statutory provisions and make its regulations consistent with the new requirements and other existing regulations

related to self-certification.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 21 CFR 1314 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 21 USC 802; 21 USC 830; 21 USC 842; 21 USC 871; 21 USC 875; 21 USC 877; 21 USC 886a

Legal Deadline: 

Action Source Description Date

Other Statutory PL 111-268 04/10/2011 

Timetable:

Action Date FR Cite

Interim Final Rule Effective 04/13/2011 

Interim Final Rule 04/13/2011 76 FR 20518 

Final Action 03/00/2012 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

Energy Affected: No

Agency Contact: Imelda L. Paredes 

Executive Assistant, Deputy Assistant Administrator

Department of Justice

Drug Enforcement Administration

600 Army Navy Drive

Arlington , VA 22202 

Phone: 202 307-7165 

E-Mail: imelda.l.paredes@usdoj.gov

Department of Justice (DOJ) 

Drug Enforcement Administration ( DEA ) RIN: 1117-AB32

 View Related Documents

Title: Controlled Substances and List I Chemical Registration and Reregistration Fees

Abstract: DEA proposes adjusting the fee schedule for DEA registration and reregistration fees necessary to recover the costs

of its Diversion Control Program relating to the registration and control of the manufacture, distribution, dispensing, importation

and exportation of controlled substances and List I chemicals as mandated by the Controlled Substances Act. 21 U.S.C. 886a

requires: "Fees charged by the Drug Enforcement Administration under its diversion control program shall be set at a level that

ensures the recovery of the full costs of operating the various aspects of that program." DEA has not changed registration fees

since 2006. New fees are needed as soon as possible in order to comply with this statutory requirement and to address

diversion and the national epidemic in abuse and misuse of prescription drugs per the President's 2011 initiative.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 21 CFR 1301.13; 21 CFR 1309.11; 21 CFR 1309.21 (To search for a specific CFR, visit the Code of Federal

Regulations ) 

Legal Authority: 21 USC 802; 21 USC 821; 21 USC 822; 21 USC 823; 21 USC 824; 21 USC 830; 21 USC 831; 21 USC

871(b); 21 USC 875; 21 USC 877; 21 USC 886a; 21 USC 951; 21 USC 952; 21 USC 953; 21 USC 956; 21 USC 957; 21 USC

958

Legal Deadline: None

Regulations.gov Friday, January 20, 2012 Unified Agenda

34
Timetable:

Action Date FR Cite

NPRM 07/06/2011 76 FR 39318 

NPRM Comment Period End 09/06/2011 

Final Action 05/00/2012 

Additional Information: Docket Number DEA-346

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: Business Federalism: No

Energy Affected: No

RIN Information URL: www.regulations.gov Public Comment URL: www.regulations.gov

Agency Contact: Imelda L. Paredes 

Executive Assistant, Deputy Assistant Administrator

Department of Justice

Drug Enforcement Administration

600 Army Navy Drive

Arlington , VA 22202 

Phone: 202 307-7165 

E-Mail: imelda.l.paredes@usdoj.gov

Department of Justice (DOJ) 

Drug Enforcement Administration ( DEA ) RIN: 1117-AB33

 View Related Documents

Title: Establishment of a New Drug Code for Marihuana Extract

Abstract: The Drug Enforcement Administration (DEA) is proposing to create a new Administration Controlled Substances

Code Number ("Code Number" or "drug code") under 21 CFR 1308.11 for "Marihuana Extract." This Code Number will allow

DEA and DEA-registered entities to track quantities of this material separately from quantities of marihuana. This in turn will aid

in complying with relevant treaty provisions.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 21 CFR 1308.11(d) (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 21 USC 811; 21 USC 812; 21 USC 871(b)

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 07/05/2011 76 FR 39039 

NPRM Comment Period End 09/06/2011 

Final Action 02/00/2012 

Additional Information: Docket Number DEA-342

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

RIN Information URL: www.regulations.gov Public Comment URL: www.regulations.gov

Agency Contact: Imelda L. Paredes 

Executive Assistant, Deputy Assistant Administrator

Department of Justice

Drug Enforcement Administration

600 Army Navy Drive

Arlington , VA 22202 

Phone: 202 307-7165 

E-Mail: imelda.l.paredes@usdoj.gov

Regulations.gov Friday, January 20, 2012 Unified Agenda

35
Department of Justice (DOJ) 

Drug Enforcement Administration ( DEA ) RIN: 1117-AA66

 View Related Documents

Title: Chemical Mixtures Containing Listed Forms of Phosphorus

Abstract: In a previous rulemaking (RIN 1117-AA57), DEA made red phosphorus, white phosphorus, and hypophosphorous

acid (and its salts) List I chemicals. By this rulemaking (1117-AA66), DEA is making regulations governing chemical mixtures

containing the List I chemicals red phosphorus, white phosphorus, and hypophosphorous acid (and its salts). Currently, all

chemical mixtures containing red phosphorus, white phosphorus, and hypophosphorous acid (and its salts) are exempt from

regulation. These mixtures will remain exempt until publication of rulemakings regarding chemical mixtures (see RIN 1117-

AA31). These three List I chemicals are used industrially and have multiple commercial purposes. They are also used in the illicit

production of methamphetamine and amphetamine. Based on information available, DEA will determine whether there are

chemical mixtures containing red phosphorus, white phosphorus, and hypophosphorous acid (and its salts), which should be

exempt from the regulations governing listed chemicals.

Priority: Other Significant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 21 CFR 1310 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 21 USC 802; 21 USC 827(h); 21 USC 830; 21 USC 871(b); 21 USC 890

Legal Deadline: None

Timetable:

Action Date FR Cite

ANPRM 01/31/2003 68 FR 4968 

ANPRM Comment Period End 04/01/2003 

NPRM 06/25/2010 75 FR 36306 

NPRM Comment Period End 08/24/2010 

Final Action 06/02/2011 76 FR 31824 

Final Action Effective 07/05/2011 

Additional Information: DEA-228

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Public Comment URL: www.deadiversion.usdoj.gov

Related RINs: Related to 1117-AA31; Related to 1117-AA57

Agency Contact: Imelda L. Paredes 

Executive Assistant, Deputy Assistant Administrator

Department of Justice

Drug Enforcement Administration

600 Army Navy Drive

Arlington , VA 22202 

Phone: 202 307-7165 

E-Mail: imelda.l.paredes@usdoj.gov

Department of Justice (DOJ) 

Drug Enforcement Administration ( DEA ) RIN: 1117-AA97

 View Related Documents

Title: Limited Exemption for Peyote Use in Traditional Ceremonies With a Traditional Indian Religion by Members of Federally

Recognized Indian Tribes

Abstract: The Drug Enforcement Administration (DEA) is amending its regulation addressing the use of peyote to clarify that

the possession, transportation, and use of peyote is lawful only when such activities are engaged in by a member of a federally

recognized Indian tribe for bona fide traditional ceremonial purposes in connection with the practice of a traditional Indian

religion. This rule is designed to bring the language of DEA's regulatory exemption for the limited use of peyote into harmony

with the historical purpose for the regulatory exemption and to comport with the language of the American Indian Religious

Freedom Act Amendments of 1994. Use, possession, and transportation of peyote, as well as the cultivation, harvesting, and

distribution of peyote, other than as permitted by the American Indian Religious Freedom Act amendments, is permissible only

Regulations.gov Friday, January 20, 2012 Unified Agenda

36
pursuant to a DEA registration and in accordance with the Controlled Substances Act and applicable State laws.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 21 CFR 1307.31 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 21 USC 821; 21 USC 822(d); 21 USC 871(b)

Legal Deadline: None

Timetable:

Action Date FR Cite

Withdrawn 08/18/2011 

Additional Information: Docket DEA-268

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Public Comment URL: www.deadiversion.usdoj.gov

Agency Contact: Imelda L. Paredes 

Executive Assistant, Deputy Assistant Administrator

Department of Justice

Drug Enforcement Administration

600 Army Navy Drive

Arlington , VA 22202 

Phone: 202 307-7165 

E-Mail: imelda.l.paredes@usdoj.gov

Department of Justice (DOJ) 

Drug Enforcement Administration ( DEA ) RIN: 1117-AB21

 View Related Documents

Title: Registration Requirements for Individual Practitioners Operating in a "Locum Tenens" Capacity

Abstract: On December 1, 2006, the Drug Enforcement Administration (DEA) published in the Federal Register a Final Rule

"Clarification of Registration Requirements for Individual Practitioners" (71 FR 69478). The Final Rule makes it clear that when

an individual practitioner practices in more than one State, he or she must obtain a separate DEA registration for each State.

The Final Rule also noted that DEA would address its policy regarding locum tenens practitioners in a separate future

document. To adequately address this issue, DEA is publishing this Advance Notice of Proposed Rulemaking to seek

information useful to the agency in promulgating regulations regarding locum tenens practitioners.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 21 CFR 1301 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 21 USC 871(b)

Legal Deadline: None

Timetable:

Action Date FR Cite

ANPRM 10/28/2009 74 FR 55499 

ANPRM Comment Period End 12/28/2009 

Withdrawn 08/18/2011 

Additional Information: Docket Number DEA-324

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

Energy Affected: No

RIN Information URL: www.dea.diversion.policy@usdoj.gov Public Comment URL: www.regulations.gov

Agency Contact: Cathy A. Gallagher 

Regulations.gov Friday, January 20, 2012 Unified Agenda

37
Acting Chief, Liaison and Policy Section

Department of Justice

Drug Enforcement Administration

600 Army Navy Drive

Arlington , VA 22202 

Phone: 202 307-7297 

E-Mail: cathy.a.gallagher@usdoj.gov

Department of Justice (DOJ) 

Drug Enforcement Administration ( DEA ) RIN: 1117-AB22

 View Related Documents

Title: Identification of Institution-Based Individual Practitioners

Abstract: The Drug Enforcement Administration (DEA) is soliciting public comments on how best to standardize the specific

internal code number associated with each individual practitioner permitted by the hospital or other institution to administer,

dispense, or prescribe controlled substances using that institution's DEA registration. DEA is taking this action in response to

comments it received to its Notice of Proposed Rulemaking regarding electronic prescriptions for controlled substances.

Priority: Other Significant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 21 CFR 1301 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 21 USC 871(b)

Legal Deadline: None

Timetable:

Action Date FR Cite

ANPRM 09/09/2009 74 FR 46396 

ANPRM Comment Period End 11/09/2009 

Withdrawn 08/18/2011 

Additional Information: Docket Number DEA-321

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

Energy Affected: No

RIN Information URL: www.dea.diversion.policy@usdoj.gov Public Comment URL: www.regulations.gov

Agency Contact: Imelda L. Paredes 

Executive Assistant, Deputy Assistant Administrator

Department of Justice

Drug Enforcement Administration

600 Army Navy Drive

Arlington , VA 22202 

Phone: 202 307-7165 

E-Mail: imelda.l.paredes@usdoj.gov

Department of Justice (DOJ) 

Drug Enforcement Administration ( DEA ) RIN: 1117-AB27

 View Related Documents

Title: Voluntary Surrender of Certificate of Registration

Abstract: The Drug Enforcement Administration (DEA) is amending its regulations to revise applicable implementing forms to

clarify the registration status of a registrant who voluntarily surrenders a Certificate of Registration for cause. The effect of these

changes would make it clear that a voluntary surrender of a registration for cause by a registrant has the legal effect of

immediately terminating the registrant's registration without any further action by DEA.

Priority: Other Significant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

Regulations.gov Friday, January 20, 2012 Unified Agenda

38
CFR Citation: 21 CFR 1301; 21 CFR 1309 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 21 USC 802; 21 USC 821; 21 USC 822; 21 USC 823; 21 USC 824; 21 USC 830; 21 USC 831; 21 USC 871;

21 USC 875; 21 USC 877; 21 USC 886a; 21 USC 951; 21 USC 952; 21 USC 953; 21 USC 956; 21 USC 957; 21 USC 958

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 06/07/2010 75 FR 32140 

NPRM Comment Period End 08/06/2010 

Final Action 10/05/2011 76 FR 61563 

Final Action Effective 11/04/2011 

Additional Information: Docket number DEA-304

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

RIN Information URL: www.dea.diversion.policy@usdoj.gov Public Comment URL: www.regulations.gov

Agency Contact: Imelda L. Paredes 

Executive Assistant, Deputy Assistant Administrator

Department of Justice

Drug Enforcement Administration

600 Army Navy Drive

Arlington , VA 22202 

Phone: 202 307-7165 

E-Mail: imelda.l.paredes@usdoj.gov

Department of Justice (DOJ) 

Drug Enforcement Administration ( DEA ) RIN: 1117-AB28

 View Related Documents

Title: Schedules of Controlled Substances: Exempted Prescription Product; River Edge Pharmaceutical, Servira

Abstract: This rulemaking serves as notification of the denial of an application for Exempted Prescription Product status for

River Edge Pharmaceutical's product Servira. This product is no longer being marketed in the United States. Therefore, DEA is

officially denying the application for exempted prescription status.

Priority: Routine and Frequent Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 21 CFR 1308 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 21 USC 811; 21 USC 812; 21 USC 871(b)

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 03/30/2010 75 FR 15642 

NPRM Comment Period End 04/29/2010 

Withdrawn 08/31/2011 

Additional Information: Docket Number DEA-335

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

RIN Information URL: www.dea.diversion.policy@usdoj.gov Public Comment URL: www.regulations.gov

Agency Contact: Imelda L. Paredes 

Executive Assistant, Deputy Assistant Administrator

Department of Justice

Drug Enforcement Administration

600 Army Navy Drive

Arlington , VA 22202 

Regulations.gov Friday, January 20, 2012 Unified Agenda

39
Phone: 202 307-7165 

E-Mail: imelda.l.paredes@usdoj.gov

Department of Justice (DOJ) 

Bureau of Prisons ( BOP ) RIN: 1120-AB34

 View Related Documents

Title: Administrative Remedy Program--Subpart Revision

Abstract: In this document, the Bureau of Prisons (Bureau) proposes to revise current regulations on the Administrative

Remedy Program to clarify existing provisions and to expand the program to allow Federal inmates housed in contract facilities

to file grievances related to Bureau issues. For further simplification, we remove language relating solely to internal Agency

practices and procedures. The changes would provide a consistent approach to correct the current deficiency in the

Administrative Remedy Program and to provide Federal inmates housed in contract facilities with a process for addressing

issues for which only the Bureau may grant relief.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 28 CFR 542 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 5 USC 301; 18 USC 3621, 3622, 3624, 4001, 4042, 4081, 4082 (Repealed in part as to offenses committed

on or after November 1, 1987); 18 USC 5006 to 5024 (Repealed October 12, 1984, as to offenses committed after that date);

28 USC 509 and 510

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 06/00/2012 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Sarah N. Qureshi

Rules Administrator

Department of Justice

Bureau of Prisons

HOLC Building 320 First Street NW.

Washington , DC 20534 

Phone: 202 307-2105 

FAX: 202 305-4577

E-Mail: squreshi@bop.gov

Department of Justice (DOJ) 

Bureau of Prisons ( BOP ) RIN: 1120-AB53

 View Related Documents

Title: Marriages of Inmates Rules Revision

Abstract: In this document, the Bureau of Prisons (Bureau) proposes to streamline regulations regarding inmate marriage by

deleting redundant language and provisions that relate solely to staff guidance.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 28 CFR 551 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 5 USC 301; 18 USC 3521 to 3528, 3621, 3622, 3624, 4001, 4042, 4046, 4081, 4082 (Repealed in part as to

offenses committed on or after November 1, 1987); 18 USC 5006 to 5024 (Repealed October 12, 1984, as to offenses

committed); 28 USC 509 and 510; 21 USC 848

Legal Deadline: None

Regulations.gov Friday, January 20, 2012 Unified Agenda

40
Timetable:

Action Date FR Cite

NPRM 02/00/2012 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Sarah N. Qureshi

Rules Administrator

Department of Justice

Bureau of Prisons

HOLC Building 320 First Street NW.

Washington , DC 20534 

Phone: 202 307-2105 

FAX: 202 305-4577

E-Mail: squreshi@bop.gov

Department of Justice (DOJ) 

Bureau of Prisons ( BOP ) RIN: 1120-AB55

 View Related Documents

Title: Classification and Program Review

Abstract: In this document, the Bureau of Prisons (Bureau) proposes to revise its regulations on classification and program

review to remove unnecessary regulations and to ensure that classification and program review procedures adequately address

inmate needs. This proposed rule also adds a new type of review, the "progress review." A progress review will be an

abbreviated program review meant to focus on an inmate's programming activities. This shortened version of the more thorough

program review will facilitate more efficiently-used staff and inmate time, in that it will primarily focus on any new or changed

aspects of an inmate's initial classification and participation in recommended programs. Inmates who have 36 months or more

until their projected release date will receive alternating program and progress reviews at least once every 180 calendar days, a

practice that will allow the Bureau to more efficiently utilize staff time and resources. The process will also allow staff to devote

more time and resources to the reviews of inmates who are closer to their release dates, enabling the Bureau to better fulfill its

mission to prepare inmates for eventual release into communities within the United States.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 28 CFR 524 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 5 USC 301; 18 USC 3521 to 3528, 3621, 3622, 3624, 4001, 4042, 4046, 4081, 4082 (Repealed in part as to

offenses committed on or after November 1, 1987); 18 USC 5006 to 5024 (Repealed October 12, 1984, as to offenses

committed); 21 USC 848; 28 USC 509 and 510

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 10/21/2011 76 FR 65428 

NPRM Comment Period End 12/20/2011 

Final Action 09/00/2012 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Sarah N. Qureshi

Rules Administrator

Department of Justice

Bureau of Prisons

HOLC Building 320 First Street NW.

Washington , DC 20534 

Phone: 202 307-2105 

FAX: 202 305-4577

E-Mail: squreshi@bop.gov

Regulations.gov Friday, January 20, 2012 Unified Agenda

41
Department of Justice (DOJ) 

Bureau of Prisons ( BOP ) RIN: 1120-AB56

 View Related Documents

Title: Inmate Commissary Account Deposit Procedures

Abstract: In this document, the Bureau of Prisons (Bureau) proposes to amend its regulations on inmate commissary account

deposit procedures and requirements to provide clarification. Specifically, the amendments will clarify that, regardless of the

form or method of the deposit (by mail or electronic deposit), the Bureau is authorized to obtain transaction information about

the sender, and the sender is required to provide such information to the Bureau and its authorized service providers if the

sender seeks to deposit funds in an inmate's commissary account.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: Undetermined Unfunded Mandates: No

CFR Citation: 28 CFR 506 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 5 USC 301; 18 USC 3621, 3622, 3624, 4001, 4042, 4081, 4082 (Repealed in part as to offenses committed

on or after November 1, 1987), 5006 to 5024 (Repealed October 12, 1984, as to offenses committed)

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 02/00/2012 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Sarah N. Qureshi

Rules Administrator

Department of Justice

Bureau of Prisons

HOLC Building 320 First Street NW.

Washington , DC 20534 

Phone: 202 307-2105 

FAX: 202 305-4577

E-Mail: squreshi@bop.gov

Department of Justice (DOJ) 

Bureau of Prisons ( BOP ) RIN: 1120-AB58

 View Related Documents

Title: Inmate Legal Activities

Abstract: In this document, the Bureau of Prisons (Bureau) proposes to revise its federal regulations on inmate legal activities

to more accurately reflect technological advances and to clarify and update through reorganization.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 28 CFR 543 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 5 USC 301; 18 USC 3621, 3622, 3624, 4001, 4042, 4081, 4082 (Repealed in part as to offenses committed

on or after November 1, 1987), 5006-5024 (Repealed October 12, 1984 as to offenses committed)

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 04/00/2012 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Regulations.gov Friday, January 20, 2012 Unified Agenda

42
Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Sarah N. Qureshi

Rules Administrator

Department of Justice

Bureau of Prisons

HOLC Building 320 First Street NW.

Washington , DC 20534 

Phone: 202 307-2105 

FAX: 202 305-4577

E-Mail: squreshi@bop.gov

Department of Justice (DOJ) 

Bureau of Prisons ( BOP ) RIN: 1120-AB61

 View Related Documents

Title: Pre-Release Community Confinement

Abstract: In this document, the Bureau of Prisons (Bureau) proposes to respond to recent litigation surrounding the prerelease community confinement regulation which it published on October 21, 2008 (73 FR 62443) by publishing a proposed rule

on this subject.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 28 CFR 570 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 5 USC 301; 18 USC 751, 3621, 3622, 3624, 4001, 4042, 4081, 4082 (Repealed in part as to offenses

committed on or after November 1,1987), 4161-4166, 5006-5024 (Repealed October 12,1984, as to offenses committed)

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 04/00/2012 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Sarah N. Qureshi

Rules Administrator

Department of Justice

Bureau of Prisons

HOLC Building 320 First Street NW.

Washington , DC 20534 

Phone: 202 307-2105 

FAX: 202 305-4577

E-Mail: squreshi@bop.gov

Department of Justice (DOJ) 

Bureau of Prisons ( BOP ) RIN: 1120-AB62

 View Related Documents

Title: Searches of Housing Units, Inmates, and Inmate Work Areas: Use of X-ray Devices – Clarification of Terminology

Abstract: In this document, the Bureau of Prisons (Bureau) proposes to clarify that body imaging search devices are

"electronic search devices" for routine or random use in searching inmates, and are distinguished from medical x-ray devices,

which require the inmate's consent, or Regional Director approval, for use as search devices.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

Regulations.gov Friday, January 20, 2012 Unified Agenda

43
CFR Citation: 28 CFR 552 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 5 USC 301; 18 USC 3621, 3622, 3624, 4001, 4042, 4081, 4082 (Repealed in part as to offenses committed

on or after November 1, 1987), 5006-5024 (Repealed October 12, 1984, as to offenses committed)

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 05/00/2012 

NPRM Comment Period End 07/00/2012 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Sarah N. Qureshi

Rules Administrator

Department of Justice

Bureau of Prisons

HOLC Building 320 First Street NW.

Washington , DC 20534 

Phone: 202 307-2105 

FAX: 202 305-4577

E-Mail: squreshi@bop.gov

Department of Justice (DOJ) 

Bureau of Prisons ( BOP ) RIN: 1120-AA33

 View Related Documents

Title: Literacy Program

Abstract: This document makes changes to the Bureau's literacy program regulations for the sake of clarification or

simplification.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 28 CFR 544.70 to 544.76 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 18 USC 3621 to 3622; 18 USC 3624; 18 USC 4001; 18 USC 4042; 18 USC 4081 to 4082; 18 USC 5006 to

5024; 18 USC 5039; 28 USC 509 to 510

Legal Deadline: None

Timetable:

Action Date FR Cite

Interim Final Rule 09/26/1997 62 FR 50791 

Interim Final Rule Effective 11/03/1997 

Interim Final Rule Comment Period End 11/25/1997 

Final Action 02/00/2012 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Agency Contact: Sarah N. Qureshi

Rules Administrator

Department of Justice

Bureau of Prisons

HOLC Building 320 First Street NW.

Washington , DC 20534 

Phone: 202 307-2105 

FAX: 202 305-4577

E-Mail: squreshi@bop.gov

Regulations.gov Friday, January 20, 2012 Unified Agenda

44
Department of Justice (DOJ) 

Bureau of Prisons ( BOP ) RIN: 1120-AA62

 View Related Documents

Title: Good Conduct Time

Abstract: This document notes the statutory requirements for the awarding of good conduct time, including the Bureau's

consideration in instances where the inmate does not have a high school diploma or GED and is not making satisfactory

progress toward earning a high school diploma or GED.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 28 CFR 523 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 18 USC 3568; 28 USC 509 to 510; 18 USC 3621 to 3622; 18 USC 3624; 18 USC 4001; 18 USC 4042; 18

USC 4081 to 4082; 18 USC 4161 to 4166; 18 USC 5006 to 5024; 18 USC 5039

Legal Deadline: None

Timetable:

Action Date FR Cite

Interim Final Rule 09/26/1997 62 FR 50786 

Interim Final Rule Effective 11/03/1997 

Interim Final Rule Comment Period End 11/25/1997 

Final Action 06/00/2012 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Agency Contact: Sarah N. Qureshi

Rules Administrator

Department of Justice

Bureau of Prisons

HOLC Building 320 First Street NW.

Washington , DC 20534 

Phone: 202 307-2105 

FAX: 202 305-4577

E-Mail: squreshi@bop.gov

Department of Justice (DOJ) 

Bureau of Prisons ( BOP ) RIN: 1120-AA85

 View Related Documents

Title: Designation of Offenses Subject to Sex Offender Release Notification

Abstract: This document designates various offenses as sexual offenses for purposes of 18 U.S.C. 4042(c). The designations

ensure that notifications can be made for military offenders, for District of Columbia Code offenders, and for these and other

Federal inmates with a sex offense in their criminal history.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 28 CFR 571 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 18 USC 3565; 18 USC 5006 to 5024; 18 USC 5031 to 5042; 28 USC 509 to 510; 18 USC 2568 to 3569; 18

USC 3582; 18 USC 3621 to 3622; 18 USC 4001; 18 USC 4042; 18 USC 4081 to 4082; 18 USC 4161 to 4166; 18 USC 4201 to

4218

Legal Deadline: None

Timetable:

Action Date FR Cite

Interim Final Rule 12/16/1998 63 FR 69386 

Interim Final Rule Comment Period End 02/16/1999 

Final Action 05/00/2012 

Regulations.gov Friday, January 20, 2012 Unified Agenda

45
Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Agency Contact: Sarah N. Qureshi

Rules Administrator

Department of Justice

Bureau of Prisons

HOLC Building 320 First Street NW.

Washington , DC 20534 

Phone: 202 307-2105 

FAX: 202 305-4577

E-Mail: squreshi@bop.gov

Department of Justice (DOJ) 

Bureau of Prisons ( BOP ) RIN: 1120-AA95

 View Related Documents

Title: Drug Testing Program

Abstract: This document consolidates into a single drug testing program separately stated regulations on alcohol testing and

urine surveillance. The consolidated regulations provide for more flexibility in the use of testing methods.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 28 CFR 550 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 18 USC 3621 to 3622; 18 USC 3624; 18 USC 4001; 18 USC 4042; 18 USC 4081 to 4082; 18 USC 4251 to

4255; 18 USC 5006 to 5024; 18 USC 5039; 28 USC 509 to 510

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 09/21/2000 65 FR 57126 

NPRM Comment Period End 11/20/2000 

Final Action 01/00/2012 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Agency Contact: Sarah N. Qureshi

Rules Administrator

Department of Justice

Bureau of Prisons

HOLC Building 320 First Street NW.

Washington , DC 20534 

Phone: 202 307-2105 

FAX: 202 305-4577

E-Mail: squreshi@bop.gov

Department of Justice (DOJ) 

Bureau of Prisons ( BOP ) RIN: 1120-AB05

 View Related Documents

Title: District of Columbia Educational Good Time Credit

Abstract: This document establishes procedures for awarding educational good time credit consistent with the DC Code for

offenders in Bureau institutions or Bureau contract facilities, under the National Capital Revitalization and Self-Government

Improvement Act of 1997, who committed their offenses before August 5, 2000.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 28 CFR 523 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Regulations.gov Friday, January 20, 2012 Unified Agenda

46
Legal Authority: 18 USC 3568; 18 USC 3621; 18 USC 3622; 18 USC 3624; 18 USC 4001; 18 USC 4042; 18 USC 4081; 18

USC 4082; 18 USC 4161 to 4166; 18 USC 5006 to 5024; 18 USC 5039; 28 USC 509 to 510

Legal Deadline: None

Timetable:

Action Date FR Cite

Interim Final Rule 07/24/2002 67 FR 48385 

Interim Final Rule Comment Period End 09/23/2002 

Final Action 03/00/2012 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Agency Contact: Sarah N. Qureshi

Rules Administrator

Department of Justice

Bureau of Prisons

HOLC Building 320 First Street NW.

Washington , DC 20534 

Phone: 202 307-2105 

FAX: 202 305-4577

E-Mail: squreshi@bop.gov

Department of Justice (DOJ) 

Bureau of Prisons ( BOP ) RIN: 1120-AB10

 View Related Documents

Title: Reduction in Sentence for Medical Reasons

Abstract: In this document, the Bureau of Prisons (Bureau) revises its rules on procedures for Reductions in Sentence (RIS)

for medical reasons. 28 CFR part 571, subpart G, is currently entitled "Compassionate Release (Procedures for the

Implementation of 18 U.S.C. sections 3582(c)(1)(A) and 4205(g))." We are revising these rules to (1) more accurately reflect our

authority under these statutes and our current policy, (2) to clarify the procedures for RIS consideration, and (3) to describe

procedures for RIS consideration of D.C. code offenders, for whom the Bureau has responsibility under the National Capital

Revitalization and Self-Government Improvement Act of 1997 (D.C. Revitalization Act), D.C. Code section 24-101(b). The new

subpart G will be entitled "Reduction in Sentence for Medical Reasons."

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 28 CFR 571 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 5 USC 301; 18 USC 3621 and 3622, 3565, 3568 and 3569, 3582, 4001, 4042, 4081 and 4082; 18 USC 4161

to 4166, 4201 to 4218, 5006 to 5024, 5039; 28 USC 509 and 510; 28 CFR 1.1-1.10

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 12/21/2006 71 FR 76619 

NPRM Comment Period End 02/20/2007 

Final Action 05/00/2012 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Sarah N. Qureshi

Rules Administrator

Department of Justice

Bureau of Prisons

HOLC Building 320 First Street NW.

Washington , DC 20534 

Phone: 202 307-2105 

FAX: 202 305-4577

Regulations.gov Friday, January 20, 2012 Unified Agenda

47
E-Mail: squreshi@bop.gov

Department of Justice (DOJ) 

Bureau of Prisons ( BOP ) RIN: 1120-AB14

 View Related Documents

Title: Central Inmate Monitoring (CIM) System: Streamlining Rules

Abstract: In this document, the Bureau of Prisons (Bureau) proposes to streamline its rules on the Central Inmate Monitoring

system (CIM). We intend this amendment to streamline our regulations by removing internal agency management procedures

that need not be stated in regulation. Bureau policy is a more appropriate vehicle through which to provide instruction and

guidance to staff. All the provisions we removed consist of our instruction and guidance to Bureau staff. These provisions relate

solely to internal agency management and practice and do not impose obligations or confer any benefits upon our regulated

entities (the inmates) or the public. The procedures that were in these regulations will continue to exist, unchanged, in our policy

statement on the Admission and Orientation Program. Any requirement imposed on our staff in these rules will remain a Bureauwide requirement in our policy. It is important to note that we have not changed the substance of the CIM rules.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 28 CFR 524 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 5 USC 301; 18 USC 3621 and 3622, 3624, 4001, 4042, 4081 to 4082; 18 USC 223; 18 USC 5006 to 5024,

5039; 28 USC 509 and 510; ...

Legal Deadline: None

Timetable:

Action Date FR Cite

Interim Final Rule 12/00/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Sarah N. Qureshi

Rules Administrator

Department of Justice

Bureau of Prisons

HOLC Building 320 First Street NW.

Washington , DC 20534 

Phone: 202 307-2105 

FAX: 202 305-4577

E-Mail: squreshi@bop.gov

Department of Justice (DOJ) 

Bureau of Prisons ( BOP ) RIN: 1120-AB26

 View Related Documents

Title: Autopsies

Abstract: In this document, the Bureau of Prisons (Bureau) streamlines the rule on autopsies by removing internal agency

management procedures that need not be stated in regulation.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 28 CFR 549.80 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 5 USC 301; 18 USC 3621, 3622, 3624, 4001, 4005, 4042, 4045, 4081, 4082 (Repealed in part as to offenses

committed on or after November 1, 1987), 4241 to 4247, 5006 to 5024 (Repealed October 12, 1984)

Legal Deadline: None

Timetable:

Regulations.gov Friday, January 20, 2012 Unified Agenda

48
Action Date FR Cite

NPRM 06/16/2008 73 FR 33957 

NPRM Comment Period End 08/15/2008 

Final Action 05/00/2012 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Sarah N. Qureshi

Rules Administrator

Department of Justice

Bureau of Prisons

HOLC Building 320 First Street NW.

Washington , DC 20534 

Phone: 202 307-2105 

FAX: 202 305-4577

E-Mail: squreshi@bop.gov

Department of Justice (DOJ) 

Bureau of Prisons ( BOP ) RIN: 1120-AB37

 View Related Documents

Title: Possession or Introduction of Personal Firearms Prohibited on Federal Penal or Correctional Institution Grounds

Abstract: To help ensure the safe operation of Federal prisons, in this document the Bureau of Prisons (Bureau) clarifies that

possession or introduction of personal firearms, or attempting, aiding, or abetting possession or introduction of personal

firearms, on Federal penal or correctional institution grounds is prohibited, with the following exceptions: (1) personal firearms

are permitted as required in the performance of official law enforcement duties; (2) law enforcement personnel are permitted to

possess personal firearms on firing ranges located on Bureau of Prisons property, where constant possession and control of the

firearm is maintained; and (3) an officer or employee of the Bureau of Prisons who resides on Bureau of Prisons property may

store personal firearms in secure locations designated by the Warden, other than residences.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 28 CFR 511 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 5 USC 301; 18 USC 751, 752, 1791, 1792, 1793, 3050, 3621, 3622, 3624, 4001, 4012, 4042, 4081 and 4082

(Repealed as to offenses committed on or after November 1, 1987); 18 USC 5006 to 5024 (Repealed October 12, 1984, as to

offenses committed after that date); 28 USC 509, 510; PL 80-772; 18 USC 1791 and 4042; PL 108-277 (18 USC 926B); 28

CFR 6

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 07/07/2006 71 FR 38543 

NPRM Comment Period End 08/08/2006 

Final Action 06/00/2012 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Sarah N. Qureshi

Rules Administrator

Department of Justice

Bureau of Prisons

HOLC Building 320 First Street NW.

Washington , DC 20534 

Phone: 202 307-2105 

FAX: 202 305-4577

E-Mail: squreshi@bop.gov

Regulations.gov Friday, January 20, 2012 Unified Agenda

49
Department of Justice (DOJ) 

Bureau of Prisons ( BOP ) RIN: 1120-AB47

 View Related Documents

Title: Intake Screening

Abstract: In this document, the Bureau of Prisons (Bureau) proposes to streamline intake screening regulations by removing

internal agency management procedures that need not be stated in regulation.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: Not Yet Determined (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 5 USC 301; 18 USC 3621, 3622, 3624, 4001, 4042, 4081, 4082 (Repealed in part as to offenses committed

on or after November 1, 1987); 18 USC 4161 to 4166 (Repealed in part as to offenses committed on or after November 1,

1987); 18 USC 5006 to 5024 (Repealed October 12, 1984, as to offenses committed after that date); 18 USC 5039; 28 USC

509 and 510

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 01/20/2010 75 FR 3182 

NPRM Comment Period End 03/22/2010 

Final Action 04/00/2012 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Sarah N. Qureshi

Rules Administrator

Department of Justice

Bureau of Prisons

HOLC Building 320 First Street NW.

Washington , DC 20534 

Phone: 202 307-2105 

FAX: 202 305-4577

E-Mail: squreshi@bop.gov

Department of Justice (DOJ) 

Bureau of Prisons ( BOP ) RIN: 1120-AB48

 View Related Documents

Title: Communication Management Units

Abstract: In this document, the Bureau of Prisons (Bureau) describes Communication Management Units (CMUs). CMUs are

designed to provide an inmate housing unit environment that enables staff monitoring of all communication between CMU

inmates and persons in the community. The ability to monitor such communication is necessary to ensure the safety, security,

and orderly operation of correctional facilities, and protect the public.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 28 CFR 540 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 18 USC 4001, 4042, 4942, 4081, 4082 (Repealed in part as to conduct occurring on or after November 1,

1987); 18 USC 5006 to 5024 (Repealed October 12, 1984, as to conduct occurring after that date); 18 USC 5039; 5 USC 301,

551, 552(a); 18 USC ch 113(b) and 115, 1791, 3621, 3622, 3624

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 04/06/2010 75 FR 17324 

Regulations.gov Friday, January 20, 2012 Unified Agenda

50
NPRM Comment Period End 06/07/2010 

Final Action 07/00/2012 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Related RINs: Related to 1120-AB35

Agency Contact: Sarah N. Qureshi

Rules Administrator

Department of Justice

Bureau of Prisons

HOLC Building 320 First Street NW.

Washington , DC 20534 

Phone: 202 307-2105 

FAX: 202 305-4577

E-Mail: squreshi@bop.gov

Department of Justice (DOJ) 

Bureau of Prisons ( BOP ) RIN: 1120-AB49

 View Related Documents

Title: Inmate Communication With News Media: Removal of Byline Regulations

Abstract: In this document, the Bureau of Prisons (Bureau) revises its regulations regarding inmate contact with the community

to delete two current Bureau regulations that prohibit inmates from publishing under a byline, due to a recent court ruling

invalidating Bureau regulation language containing this prohibition.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 28 CFR 540 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 18 USC 4001, 4042, 4942, 4081, 4082 (Repealed in part as to conduct occurring on or after November 1,

1987), 5006 to 5024 (Repealed October 12, 1984, as to conduct occurring after that date), 5039; 5 USC 301; 551, 552(a); 18

USC 1791, 3621, 3622, 3624

Legal Deadline: None

Timetable:

Action Date FR Cite

Interim Final Rule 04/23/2010 75 FR 21163 

Correction 05/07/2010 75 FR 25110 

Interim Final Rule Comment Period End 06/22/2010 

Final Action 12/00/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Sarah N. Qureshi

Rules Administrator

Department of Justice

Bureau of Prisons

HOLC Building 320 First Street NW.

Washington , DC 20534 

Phone: 202 307-2105 

FAX: 202 305-4577

E-Mail: squreshi@bop.gov

Department of Justice (DOJ) 

Bureau of Prisons ( BOP ) RIN: 1120-AB51

Regulations.gov Friday, January 20, 2012 Unified Agenda

51
 View Related Documents

Title: Pre-Release Community Confinement

Abstract: In this document, the Bureau of Prisons (Bureau) revises current regulations on pre-release community confinement

to conform with the requirements of the Second Chance Act of 2007, approved April 9, 2008 (Pub. L. 110-199; 122 Stat. 657)

("Second Chance Act").

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 28 CFR 570 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 5 USC 301; 18 USC 5039; 28 USC 509 and 510; 18 USC 751, 3621, 3622, 3624, 4001, 4042, 4081 and

4082 (Repealed in part as to offenses committed on or after November 1, 1987); 18 USC 4161 to 4166; 18 USC 5006 to 5024

(Repealed October 12, 1984, as to offenses committed after that date)

Legal Deadline: 18 U.S.C. 3624(c)(6) is a new provision that requires the Bureau to issue regulations reflecting these

provisions "not later than 90 days after the date of the enactment of the Second Chance Act of 2007." Therefore, these

regulations are required to be promulgated no later than July 8, 2008, which is 90 days after the date of enactment of the

Second Chance Act, April 9, 2008.

Action Source Description Date

Other Statutory Second Chance Act requires promulgation of regulations 90 days after

date of enactment. 07/08/2008 

Timetable:

Action Date FR Cite

Interim Final Rule Effective 10/21/2008 

Interim Final Rule 10/21/2008 73 FR 62440 

Interim Final Rule Comment Period End 12/22/2008 

Final Action 06/00/2012 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Sarah N. Qureshi

Rules Administrator

Department of Justice

Bureau of Prisons

HOLC Building 320 First Street NW.

Washington , DC 20534 

Phone: 202 307-2105 

FAX: 202 305-4577

E-Mail: squreshi@bop.gov

Department of Justice (DOJ) 

Bureau of Prisons ( BOP ) RIN: 1120-AB52

 View Related Documents

Title: Inmate Work and Performance Pay Program: Subpart Revision

Abstract: In this document, the Bureau of Prisons (Bureau) streamlines regulations on inmate work and performance pay by

deleting redundant language and provisions that relate solely to staff guidance.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 28 CFR 545 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 5 USC 301; 28 USC 509 and 510; 18 USC 3013, 3571, 3572, 3621, 3622, 3624, 3663, 4001, 4042, 4081,

4082 (Repealed in part as to offenses committed on or after November 1, 1987), and 4126; 18 USC 5006 to 5024 (Repealed

October 12, 1984, as to offenses committed after that date.)

Legal Deadline: None

Timetable:

Action Date FR Cite

Regulations.gov Friday, January 20, 2012 Unified Agenda

52
NPRM 03/03/2010 75 FR 9544 

NPRM Comment Period End 05/03/2010 

Final Action 01/00/2012 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Sarah N. Qureshi

Rules Administrator

Department of Justice

Bureau of Prisons

HOLC Building 320 First Street NW.

Washington , DC 20534 

Phone: 202 307-2105 

FAX: 202 305-4577

E-Mail: squreshi@bop.gov

Department of Justice (DOJ) 

Bureau of Prisons ( BOP ) RIN: 1120-AB54

 View Related Documents

Title: Commutation of Sentence: Technical Change

Abstract: This document makes a minor technical change to the Bureau of Prisons (Bureau) regulations on sentence

commutation to clarify that the Bureau staff, who may not be institution-level staff, will recalculate the inmate's sentence in

accordance with the terms of the commutation order if a petition for commutation of sentence is granted.

Priority: Info./Admin./Other Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 28 CFR 571.41 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 5 USC 301; 18 USC 3565 and 3568 to 3569 (Repealed in part as to offenses committed on or after

November 1, 1987); 18 USC 3582, 3621, 3622, 3624, 4001, 4042, 4081, and 4082 (Repealed in part as to offenses committed)

Legal Deadline: None

Timetable:

Action Date FR Cite

Interim Final Rule 03/23/2010 75 FR 13680 

Interim Final Rule Comment Period End 05/24/2010 

Final Action 12/00/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Sarah N. Qureshi

Rules Administrator

Department of Justice

Bureau of Prisons

HOLC Building 320 First Street NW.

Washington , DC 20534 

Phone: 202 307-2105 

FAX: 202 305-4577

E-Mail: squreshi@bop.gov

Department of Justice (DOJ) 

Bureau of Prisons ( BOP ) RIN: 1120-AB57

 View Related Documents

Title: Inmate Access to Inmate Central File: PSRs and SORs

Regulations.gov Friday, January 20, 2012 Unified Agenda

53
Abstract: In this document, the Bureau of Prisons (Bureau) amends regulations regarding inmate access to Inmate Central File

materials to prohibit sentenced inmates incarcerated in Bureau facilities, including those in contract facilities or community

confinement, from possessing their Pre-Sentence Investigation Reports (PSR), Statements of Reasons (SOR), or other similar

sentencing documents from criminal judgments. Such inmates under this prohibition will continue to be permitted to review their

PSRs and SORs.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 28 CFR 513 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 5 USC 301;; 18 USC 3621, 3622, 3624, 4001, 4042, 4942, 4081, 4082 (Repealed in part as to conduct

occurring on or after November 1, 1987), 5006 to 5024 (Repealed October 12, 1984, as to offense committed)

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 03/23/2010 75 FR 13705 

NPRM Comment Period End 05/24/2010 

Final Action 04/00/2012 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Sarah N. Qureshi

Rules Administrator

Department of Justice

Bureau of Prisons

HOLC Building 320 First Street NW.

Washington , DC 20534 

Phone: 202 307-2105 

FAX: 202 305-4577

E-Mail: squreshi@bop.gov

Department of Justice (DOJ) 

Bureau of Prisons ( BOP ) RIN: 1120-AB59

 View Related Documents

Title: Administrative Remedy Program: Exception to Initial Filing Procedures

Abstract: In this document, the Bureau of Prisons (Bureau) revises current regulations on the Administrative Remedy Program

to add an exception to initial filing of Administrative Remedy appeals at the institution level. The exception will state that formal

administrative remedy requests regarding initial decisions that did not originate with the Warden, or his/her staff, should be

initially filed with the Bureau office which made the original decision, and appealed directly to the General Counsel.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 28 CFR 542 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 5 USC 301; 18 USC 3621, 3622, 3624, 4001, 4042, 4081, 4082 (Repealed in part as to offenses committed

on or after November 1, 1987), 5006 to 5024 (Repealed October 12, 1984, as to offenses committed)

Legal Deadline: None

Timetable:

Action Date FR Cite

Interim Final Rule Effective 06/18/2010 

Interim Final Rule 06/18/2010 75 FR 34625 

Interim Final Rule Comment Period End 08/17/2010 

Final Action 06/00/2012 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Regulations.gov Friday, January 20, 2012 Unified Agenda

54
Energy Affected: No

Agency Contact: Sarah N. Qureshi

Rules Administrator

Department of Justice

Bureau of Prisons

HOLC Building 320 First Street NW.

Washington , DC 20534 

Phone: 202 307-2105 

FAX: 202 305-4577

E-Mail: squreshi@bop.gov

Department of Justice (DOJ) 

Bureau of Prisons ( BOP ) RIN: 1120-AB60

 View Related Documents

Title: Progress Reports

Abstract: In this document, the Bureau of Prisons (Bureau) proposes to remove from regulations and/or modify two types of

progress reports: transfer reports and triennial reports.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 28 CFR 524 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 5 USC 301; 18 USC 3521 3528, 3621,3622, 3624, 4001, 4042, 4046, 4081,4082 (Repealed in part as to

offenses committed on or after November 1, 1987) 5006 5024 (Repealed October 12, 1984 as to offenses committed)

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 09/15/2011 76 FR 57012 

NPRM Comment Period End 11/14/2011 

Final Action 10/00/2012 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Sarah N. Qureshi

Rules Administrator

Department of Justice

Bureau of Prisons

HOLC Building 320 First Street NW.

Washington , DC 20534 

Phone: 202 307-2105 

FAX: 202 305-4577

E-Mail: squreshi@bop.gov

Department of Justice (DOJ) 

Bureau of Prisons ( BOP ) RIN: 1120-AB63

 View Related Documents

Title: Contraband and Inmate Personal Property: Technical Change

Abstract: In this document, the Bureau of Prisons makes a minor technical change to its regulations on contraband and

inmate personal property to maintain consistency in language which describes the purpose of the regulations as ensuring the

"safety, security, or good order of the facility or protection of the public."

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule

Major: Undetermined Unfunded Mandates: No

CFR Citation: 28 CFR part 500; 28 CFR part 553 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Regulations.gov Friday, January 20, 2012 Unified Agenda

55
Legal Authority: 5 U.S.C. 301; 18 U.S.C. 3621, 3622, 3624, 4001, 4042, 4081, 4082 (Repealed in part as to offenses

committed on or after November 1, 1987), 5006 5024 (Repealed October 12, 1984 as to offenses committed

Legal Deadline: None

Timetable:

Action Date FR Cite

Interim Final Rule 04/00/2012 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Sarah N. Qureshi

Rules Administrator

Department of Justice

Bureau of Prisons

HOLC Building 320 First Street NW.

Washington , DC 20534 

Phone: 202 307-2105 

FAX: 202 305-4577

E-Mail: squreshi@bop.gov

Department of Justice (DOJ) 

Bureau of Prisons ( BOP ) RIN: 1120-AB20

 View Related Documents

Title: Psychiatric Evaluation and Treatment

Abstract: In this document, the Bureau of Prisons (Bureau) amends its regulations on Psychiatric Treatment and Medication.

We make several changes to conform more closely with the language of 18 U.S.C. sections 4241 to 4247 on psychiatric

hospitalization. We also change the rules to conform with statutory authority regarding military prisoners and District of Columbia

(DC) Code violators in Bureau custody. Previously, our procedures for involuntary psychiatric treatment and medication did not

apply to military prisoners or DC Code violators. Under new statutory authority, military prisoners who are incompetent to stand

trial, or who have been found not guilty by reason of lack of mental responsibility may now be committed to the Bureau's

custody. Sentenced DC Code offenders may now be involuntarily committed to a Bureau psychiatric hospital. Such military

prisoners and DC Code violators are subject to our regulations. We revise the applicability statement accordingly.

Priority: Other Significant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 28 CFR 549 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 5 USC 301; 10 USC 876(b); 18 USC 3621, 3622, 3524, 4001, 4005, 4042, 4045, 4081, 4082; 18 USC 4241

to 4247, 5006 to 5024, 5039; 28 USC 509, 510

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 12/29/2003 68 FR 74892 

NPRM Comment Period End 02/27/2004 

Second NPRM 06/16/2008 73 FR 33957 

Second NPRM Comment Period End 08/15/2008 

Final Action 07/08/2011 76 FR 40229 

Final Action Effective 08/12/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Sarah N. Qureshi

Rules Administrator

Department of Justice

Bureau of Prisons

HOLC Building 320 First Street NW.

Regulations.gov Friday, January 20, 2012 Unified Agenda

56
Washington , DC 20534 

Phone: 202 307-2105 

FAX: 202 305-4577

E-Mail: squreshi@bop.gov

Department of Justice (DOJ) 

Office of Justice Programs ( OJP ) RIN: 1121-AA68

 View Related Documents

Title: Victims of Crime Act (VOCA) Crime Victim Compensation Program Regulations

Abstract: The Victims of Crime Act (VOCA) Crime Victim Compensation Program regulations provide the parameters under

which State agencies may use these funds to reimburse crime victims directly for expenses related to crime. Expenses that must

be covered are lost wages, medical and mental health costs, and funeral and burial costs. States, at their discretion, may cover

loss of support, crime scene cleanup, and other such expenses. VOCA funds are obtained from the Crime Victims Fund in the

U.S. Treasury, which consists of fines, fees, and bond forfeitures from Federal offenders.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule

Major: Undetermined Unfunded Mandates: No

CFR Citation: Not Yet Determined (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 42 USC 10602; 42 USC 10604

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 04/00/2012 

NPRM Comment Period End 06/00/2012 

Additional Information: TRANSFERRED RIN: This rulemaking 1121-AA68 continues the rulemaking previously listed as "child"

RIN 1121-AA66 under "parent" RIN 1121-AA61. This rulemaking has been transferred to RIN 1121-AA68 because the computer

system used by the Regulatory Information Service Center (RISC) to compile the Unified Agenda no longer supports "parent"

and "child" RINs. This rulemaking is not a new action. (For another VOCA-related rulemaking, see RIN 1121-AA69.)

Regulatory Flexibility Analysis Required: No Government Levels Affected: State

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Barbara Walker

Deputy Director, Office for Victims of Crime

Department of Justice

Office of Justice Programs

810 7th Street NW

Washington , DC 20531 

Phone: 202 307-5911 

E-Mail: barbara.a.walker@usdoj.gov

Department of Justice (DOJ) 

Office of Justice Programs ( OJP ) RIN: 1121-AA69

 View Related Documents

Title: Victim of Crime Act (VOCA) Victim Assistance Program

Abstract: The Victim Assistance Program Regulations provide the parameters under which State agencies may use these

funds to award grants to Government and nonprofit organizations to provide direct services to crime victims. Local programs

include child abuse, homicide survivor, drunk driving, sexual assault, and domestic violence. More than three million crime

victims are served through these grants. Victims of Crime Act (VOCA) funds are obtained from the Crime Victims Fund in the

U.S. Treasury, which consists of fines, fees, and bond forfeitures from Federal offenders. Costs to States are limited, as the

VOCA grant provides for administrative costs for these programs.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Regulations.gov Friday, January 20, 2012 Unified Agenda

57
Major: Undetermined Unfunded Mandates: No

CFR Citation: Not Yet Determined (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 42 USC 10603; 42 USC 10604

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 05/00/2012 

NPRM Comment Period End 07/00/2012 

Additional Information: TRANSFERRED RIN: This rulemaking 1121-AA69 continues the rulemaking previously listed as "child"

RIN 1121-AA65 under "parent" RIN 1121-AA61. This rulemaking has been transferred to RIN 1121-AA69 because the computer

system used by the Regulatory Information Service Center (RISC) to compile the Unified Agenda no longer supports "parent"

and "child" RINs. This rulemaking is not a new action. (For another VOCA-related rulemaking, see RIN 1121-AA68).

Regulatory Flexibility Analysis Required: No Government Levels Affected: State

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Barbara Walker

Deputy Director, Office for Victims of Crime

Department of Justice

Office of Justice Programs

810 7th Street NW

Washington , DC 20531 

Phone: 202 307-5911 

E-Mail: barbara.a.walker@usdoj.gov

Department of Justice (DOJ) 

Office of Justice Programs ( OJP ) RIN: 1121-AA77

 View Related Documents

Title: Certification Process for State Capital Counsel Systems

Abstract: Pursuant to the USA PATRIOT Improvement and Reauthorization Act of 2005, on December 11, 2008, the

Department promulgated a final rule to implement certification procedures for States seeking to qualify for the expedited Federal

habeas corpus review procedures in capital cases under chapter 154 of title 28 of the United States Code. On February 5,

2009, the Department published in the Federal Register a notice soliciting further public comment on all aspects of the

December 2008 final rule. As the Department reviewed the comments submitted in response to the February 2009 notice, it

considered further the statutory requirements governing the regulatory implementation of the chapter 154 certification

procedures. The Attorney General determined that chapter 154 reasonably could be construed to allow the Attorney General

greater discretion in making certification determinations than the December 2008 regulations allowed. Accordingly, the

Department published a notice in the Federal Register on May 25, 2010, proposing to remove the December 2008 regulations

pending the completion of a new rulemaking process and finalized the removal of the December 2008 regulations on November

23, 2010. The Department published a notice in the Federal Register on March 3, 2011, proposing a new rule and seeking

public input on the certification procedure for chapter 154 and the standards the Attorney General will apply in making

certification decisions. The comment period for the proposed new rule closed on June 1, 2011.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 28 CFR 26 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 5 USC 301; 18 USC 4001(b); 18 USC 4002; 28 USC 509; 28 USC 510; 28 USC 2261; 28 USC 2265

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 03/03/2011 76 FR 11705 

NPRM Comment Period End 06/01/2011 

Final Action 03/00/2012 

Regulatory Flexibility Analysis Required: No Government Levels Affected: State

Regulations.gov Friday, January 20, 2012 Unified Agenda

58
Federalism: Yes

Energy Affected: No

Agency Contact: Caroline T. Nguyen 

Senior Counsel

Department of Justice

Office of Justice Programs

950 Pennsylvania Avenue NW.

Washington , DC 20530 

Phone: 202 514-4601 

Department of Justice (DOJ) 

Office of Justice Programs ( OJP ) RIN: 1121-AA78

 View Related Documents

Title: International Terrorism Victim Expense Reimbursement Program

Abstract: This rule amends the Justice Department's Office for Victims of Crime regulations for the International Terrorism

Victim Expense Reimbursement Program (ITVERP) in order to remove a regulatory limitation on the discretion of the Director of

OVC to accept claims filed more than three years after the date that an incident is designated as an incident of international

terrorism.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 28 CFR 94 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 42 USC 10603(c); 42 USC 10604

Legal Deadline: None

Timetable:

Action Date FR Cite

Interim Final Rule Effective 04/11/2011 

Interim Final Rule 04/11/2011 76 FR 19909 

Interim Final Rule Comment Period End 06/10/2011 

Final Action 03/00/2012 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

Energy Affected: No

Agency Contact: Kristopher A Brambila 

Attorney-Advisor

Department of Justice

Office of Justice Programs

810 7th Street NW.

Washington , DC 20053 

Phone: 202 616-1290 

E-Mail: kristopher.a.brambila@usdoj.gov

Department of Justice (DOJ) 

Executive Office for Immigration Review ( EOIR ) RIN: 1125-AA18

 View Related Documents

Title: Authority of Immigration Judges To Issue Civil Money Penalties

Abstract: This rule proposes to amend the Department of Justice's regulations by implementing the statutory authority given to

immigration judges to sanction by civil money penalty any action or inaction in contempt of the judge's proper exercise of

authority. This statutory authority is derived from section 304 of the Illegal Immigration Reform and Immigrant Responsibility Act

of 1996, Public Law 104-208 (IIRIRA), September 30, 1996. This rule sets forth the types of conduct for which civil money

penalty sanctions may be imposed, the procedures for imposing these sanctions, the affirmative defenses, which may excuse

the imposition of a civil money penalty sanction, and the procedures for appealing such sanctions.

Regulations.gov Friday, January 20, 2012 Unified Agenda

59
Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 8 CFR 1003 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 5 USC 301; 3 CFR, 1949 to 1953 Comp, p 1002; 8 USC 1103; 8 USC 1252 note; 8 USC 1101 note; 8 USC

1362; 28 USC 509; 8 USC 1324(b); 28 USC 510; 28 USC 1746; Reorg Plan No 2 of 1950, sec 2

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 06/00/2012 

NPRM Comment Period End 09/00/2012 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

Agency Contact: Robin M. Stutman 

General Counsel, Office of the General Counsel, Executive Office for Immigration Review

Department of Justice

Executive Office for Immigration Review

Suite 2600 5107 Leesburg Pike

Falls Church , VA 22041 

Phone: 703 305-0470 

FAX: 703 305-0443

E-Mail: eoir.regs@usdoj.gov

Department of Justice (DOJ) 

Executive Office for Immigration Review ( EOIR ) RIN: 1125-AA45

 View Related Documents

Title: International Marriage Brokers

Abstract: This rule proposes to amend the Department of Justice regulations by specifying the procedures for adjudicating

alleged violations by international marriage brokers doing business in the United States that fail to provide required information

to persons recruited for matchmaking through these entities or that fail to search sex offender registries. This rule implements

the procedures for the disposition of cases arising under section 833 of the International Marriage Broker Regulation Act of

2005. This rule is necessary to deter fraudulent marriages and the exploitation of recruits by international marriage brokers.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 8 CFR 1270 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 8 USC 1101, 1103, 1324(a), 1324(b), 1324(c), 1375(a); PL 109-162, sec 831 et seq; 5 USC 301, 554

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 05/00/2012 

NPRM Comment Period End 07/00/2012 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Related RINs: Related to 1615-AA11

Agency Contact: Robin M. Stutman 

General Counsel, Office of the General Counsel, Executive Office for Immigration Review

Department of Justice

Executive Office for Immigration Review

Suite 2600 5107 Leesburg Pike

Falls Church , VA 22041 

Phone: 703 305-0470 

FAX: 703 305-0443

E-Mail: eoir.regs@usdoj.gov

Regulations.gov Friday, January 20, 2012 Unified Agenda

60
Department of Justice (DOJ) 

Executive Office for Immigration Review ( EOIR ) RIN: 1125-AA49

 View Related Documents

Title: Reopened Proceedings on Petitions for Alien Entrepreneur Immigrant Classification (EB-5 Visas)

Abstract: This rule proposes to amend the regulations of the Executive Office for Immigration Review (EOIR) of the

Department of Justice (Department) to implement changes made by the 21st Century Department of Justice Appropriations

Authorization Act of 2001, Public Law 107-273 (Nov. 2, 2002), to the EB-5 Alien Entrepreneur immigrant classification. This rule

will be published in conjunction with a corresponding rule of the Department of Homeland Security (DHS) that addresses

changes to its part of the status adjudication. In order to be eligible, an alien must have filed a motion to reopen with the former

Immigration and Naturalization Service on or before January 2, 2003, seeking reconsideration of his or her case under this new

law. This rule provides the process by which certain aliens, who are seeking immigrant status as alien entrepreneurs, may

obtain EOIR review of adverse determinations on the removal of the condition on permanent resident status made by United

States Citizenship and Immigration Services (USCIS), a component of DHS. In addition, this rule also establishes procedures

for aliens who have received favorable determinations on the removal of the condition on permanent resident status and who

have final orders of deportation or removal or who have cases that are pending or administratively closed before EOIR.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 8 CFR 1003; 8 CFR 1216; 8 CFR 1240 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 8 USC 11866

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 06/00/2012 

NPRM Comment Period End 08/00/2012 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Public Comment URL: www.regulations.gov

Agency Contact: Robin M. Stutman 

General Counsel, Office of the General Counsel, Executive Office for Immigration Review

Department of Justice

Executive Office for Immigration Review

Suite 2600 5107 Leesburg Pike

Falls Church , VA 22041 

Phone: 703 305-0470 

FAX: 703 305-0443

E-Mail: eoir.regs@usdoj.gov

Department of Justice (DOJ) 

Executive Office for Immigration Review ( EOIR ) RIN: 1125-AA62

 View Related Documents

Title: List of Pro Bono Legal Service Providers for Aliens in Immigration Proceedings

Abstract: This rule proposes to amend 8 CFR part 1003 by changing the name of the "List of Free Legal Services Providers"

to the "List of Pro Bono Legal Service Providers." The rule also enhances the eligibility requirements for organizations, private

attorneys, and referral services to be included on the List of Pro Bono Legal Service Providers (List).

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 8 CFR 1003 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 8 USC 1101; 8 USC 1103; 8 USC 1108(d)(4)(B); 8 USC 1229(a)(1)(E)

Regulations.gov Friday, January 20, 2012 Unified Agenda

61
Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 02/00/2012 

NPRM Comment Period End 04/00/2012 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

Energy Affected: No

Agency Contact: Robin M. Stutman 

General Counsel, Office of the General Counsel, Executive Office for Immigration Review

Department of Justice

Executive Office for Immigration Review

Suite 2600 5107 Leesburg Pike

Falls Church , VA 22041 

Phone: 703 305-0470 

FAX: 703 305-0443

E-Mail: eoir.regs@usdoj.gov

Department of Justice (DOJ) 

Executive Office for Immigration Review ( EOIR ) RIN: 1125-AA63

 View Related Documents

Title: Application of the Serious Nonpolitical Crime Bar to Asylum and Withholding of Removal for Recruitment or Use of Child

Soldiers

Abstract: The Attorney General and the Secretary of Homeland Security are proposing to amend their respective regulations

governing eligibility for asylum and withholding of removal to implement the Child Soldiers Accountability Act of 2008 (CSAA).

The CSAA establishes a criminal offense for the recruitment or use of child soldiers, establishes grounds of inadmissibility and

deportability for aliens who have engaged in such recruitment or use, and provides that an alien who is inadmissible or

deportable under these grounds "shall be considered an alien with respect to whom there are serious reasons to believe that he

or she committed a serious nonpolitical crime for purposes of asylum and withholding of removal.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 8 CFR 1208 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 8 USC 1103; 8 USC 1158; 8 USC 1226; 8 USC 1252; 8 USC 1282; 8 CFR 2; PL 110-340 (122 Stat 3735);

...

Legal Deadline: 

Action Source Description Date

Other Statutory 12/02/2008 

Timetable:

Action Date FR Cite

NPRM 02/00/2012 

NPRM Comment Period End 04/00/2012 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

Energy Affected: No

RIN Information URL: www.regulations.gov

Agency Contact: Robin M. Stutman 

General Counsel, Office of the General Counsel, Executive Office for Immigration Review

Department of Justice

Executive Office for Immigration Review

Suite 2600 5107 Leesburg Pike

Falls Church , VA 22041 

Phone: 703 305-0470 

FAX: 703 305-0443

Regulations.gov Friday, January 20, 2012 Unified Agenda

62
E-Mail: eoir.regs@usdoj.gov

Department of Justice (DOJ) 

Executive Office for Immigration Review ( EOIR ) RIN: 1125-AA65

 View Related Documents

Title: Forwarding of Asylum Applications to the Department of State

Abstract: The Department of Justice is planning to amend its regulations to alter the process by which the Executive Office for

Immigration Review (EOIR) forwards asylum applications for consideration by the Department of State (DOS). Currently, EOIR

forwards to DOS all asylum applications that are submitted initially in removal proceedings before an immigration judge. The

proposed rule would amend the regulations to send asylum applications to DOS on a discretionary basis. For example, EOIR

could forward an application in order to ascertain whether DOS has information relevant to the applicant's eligibility for asylum.

This change would increase the efficiency of DOS's review of asylum applications and is consistent with similar changes already

made by U.S. Citizenship and Immigration Services (USCIS), Department of Homeland Security (DHS).

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 8 CFR 1208; 8 CFR 1240 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 8 USC 1101, 1103, 1158, 1182, 1186a, 1224, 1225, 1226, 1227, 1251, 1252 note, 1252a, 1252b, 1282, 1362;

secs. 202 and 203, PL 105-100, 111 Stat 2160, 2193; sec 902, PL 105-277, 112 Stat 2681; title VII of PL 110-229

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 10/31/2011 76 FR 67099 

NPRM Comment Period End 12/30/2011 

Final Action 09/00/2012 

Additional Information: This rule relates to RIN 1615-AB59 published as final by U.S. Citizenship and Immigration Services

(USCIS), Department of Homeland Security (DHS), on April 6, 2009. 74 FR 15367, Apr. 6, 2009.

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Related RINs: Related to 1615-AB59

Agency Contact: Robin M. Stutman 

General Counsel, Office of the General Counsel, Executive Office for Immigration Review

Department of Justice

Executive Office for Immigration Review

Suite 2600 5107 Leesburg Pike

Falls Church , VA 22041 

Phone: 703 305-0470 

FAX: 703 305-0443

E-Mail: eoir.regs@usdoj.gov

Department of Justice (DOJ) 

Executive Office for Immigration Review ( EOIR ) RIN: 1125-AA68

 View Related Documents

Title: Motions To Reopen Removal, Deportation, or Exclusion Proceedings Based Upon a Claim of Ineffective Assistance of

Counsel

Abstract: The Department of Justice (Department) is proposing to amend the regulations of the Executive Office for

Immigration Review (EOIR) by establishing procedures for the filing and adjudication of motions to reopen removal, deportation,

and exclusion proceedings based upon a claim of ineffective assistance of counsel. This proposed rule is in response to Matter

of Compean, Bangaly & J-E-C-, 25 I&N Dec. 1 (A.G. 2009), in which the Attorney General directed EOIR to develop such

regulations. The Department also proposes to amend the EOIR regulations which provide that ineffective assistance of counsel

may constitute extraordinary circumstances which may excuse the failure to file an asylum application within 1 year after the

Regulations.gov Friday, January 20, 2012 Unified Agenda

63
date of arrival in the United States.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 8 CFR 1003; 8 CFR 1208 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 5 USC 301; 6 USC 521; 8 USC 1101, 1103, 1154, 1155, 1158, 1182, 1226, 1229, 1229a, 1229b, 1229c,

1231, 1252, 1254a, 1255, 1282, 1324d, 1330, 1361, 1362; 28 USC 509, 510, 1746; sec 2 Reorg. Plan No. 2 of 1950; 3 CFR,

1949-1953, Comp., p. 1002; sec 203 of PL 105-100, 111 Stat 2196-200; sec 1506 and 1510 of PL 106-386, 114 Stat 1527-29,

1531-32; sec 1505 of PL 106-554, 114 Stat 2763A-326-328; title VII of PL 110-229

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 02/00/2012 

NPRM Comment Period End 04/00/2012 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

Energy Affected: No

Public Comment URL: www.regulations.gov

Agency Contact: Robin M. Stutman 

General Counsel, Office of the General Counsel, Executive Office for Immigration Review

Department of Justice

Executive Office for Immigration Review

Suite 2600 5107 Leesburg Pike

Falls Church , VA 22041 

Phone: 703 305-0470 

FAX: 703 305-0443

E-Mail: eoir.regs@usdoj.gov

Department of Justice (DOJ) 

Executive Office for Immigration Review ( EOIR ) RIN: 1125-AA70

 View Related Documents

Title: Implementation of Section 235 of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008;

Treatment of Unaccompanied Alien Children

Abstract: The Department of Homeland Security (DHS), U.S. Citizenship and Immigration Services (USCIS), and the

Department of Justice (DOJ or Department), Executive Office for Immigration Review (EOIR), proposes to amend their

respective regulations to implement section 235 of the William Wilberforce Trafficking Victims Protection Reauthorization Act of

2008 (TVPRA), which provides new provisions for unaccompanied alien children in asylum and immigration proceedings.

Through this joint rule, both Departments are proposing to amend their separate regulations to reflect that USCIS has initial

jurisdiction over any asylum application filed by an unaccompanied alien child. The Departments also propose to add new

special procedures for unaccompanied alien children in interviews before asylum officers and in proceedings before immigration

judges. In addition, this rule amends EOIR's regulations governing the relief of voluntary departure for unaccompanied alien

children in removal proceedings.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 8 CFR 1001; 8 CFR 1003; 8 CFR 1208; 8 CFR 1236; 8 CFR 1240; 8 CFR 1245 (To search for a specific CFR,

visit the Code of Federal Regulations ) 

Legal Authority: sec 235, PL 110-457,; 112 Stat 5044

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 06/00/2012 

NPRM Comment Period End 08/00/2012 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Regulations.gov Friday, January 20, 2012 Unified Agenda

64
Small Entities Affected: No Federalism: No

Energy Affected: No

Related Agencies: Joint : USCIS

Agency Contact: Robin M. Stutman 

General Counsel, Office of the General Counsel, Executive Office for Immigration Review

Department of Justice

Executive Office for Immigration Review

Suite 2600 5107 Leesburg Pike

Falls Church , VA 22041 

Phone: 703 305-0470 

FAX: 703 305-0443

E-Mail: eoir.regs@usdoj.gov

Department of Justice (DOJ) 

Executive Office for Immigration Review ( EOIR ) RIN: 1125-AA38

 View Related Documents

Title: Protective Orders in Immigration Administration Proceedings

Abstract: This rule amends regulations governing the Executive Office for Immigration Review (EOIR) by authorizing

immigration judges to issue protective orders to limit public disclosure of sensitive law enforcement or national defense

information during immigration proceedings. The rule is applicable in all proceedings before immigration judges but involves only

a small number of cases.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 8 CFR 1003 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 5 USC 301; 8 USC 1101 note, 1103, 1231, 1252 note, 1252(b), 1324(b), 1253, 1362; 28 USC 509, 510,

1746; sec 2, Reorg Plan No 2 of 1950; 3 CFR 1949 to 1953 Comp, p 1002; sec 203 of PL 105-100, 111 Stat 2196-200; secs

1506 and 1510 of PL 106-386, 114 Stat 1527-29, 1531-32; sec 1505 of PL 106-554, 114 Stat 2763A-326 to 2763A-328

Legal Deadline: None

Timetable:

Action Date FR Cite

Interim Final Rule 05/28/2002 67 FR 36799 

Interim Final Rule Comment Period End 07/29/2002 

Final Action 08/00/2012 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Agency Contact: Robin M. Stutman 

General Counsel, Office of the General Counsel, Executive Office for Immigration Review

Department of Justice

Executive Office for Immigration Review

Suite 2600 5107 Leesburg Pike

Falls Church , VA 22041 

Phone: 703 305-0470 

FAX: 703 305-0443

E-Mail: eoir.regs@usdoj.gov

Department of Justice (DOJ) 

Executive Office for Immigration Review ( EOIR ) RIN: 1125-AA39

 View Related Documents

Title: Executive Office for Immigration Review Attorney/Representative Registry

Abstract: This rule concerns the Attorney General's authority to authorize practitioners to represent aliens in immigration

proceedings pursuant to statute. Under the pertinent statutory provision, aliens in immigration proceedings "shall have the

privilege of being represented (at no expense to the Government) by such counsel, authorized to practice in such proceedings,

Regulations.gov Friday, January 20, 2012 Unified Agenda

65
as he shall choose." (8 U.S.C. 1362) The rule arises out of the Executive Office for Immigration Review's (EOIR) electronic

Government initiatives, which when fully implemented, will enable electronic case access and filing for individuals in immigration

proceedings before EOIR. In essence, the rule amends the current definitions of "attorney" and "representative," the classes of

individuals authorized to represent aliens, to include only those persons who have registered with EOIR. Additionally, the rule

delegates authority to the Director to require such a registration, and to establish procedures for registration. In concert with that

authority, the rule permits the Director to administratively suspend from practice before EOIR any practitioner who fails to

comply with registration procedures and requirements. Functionally, practitioners will be required to register with EOIR over a

secure Internet connection, by providing name, address(es), date of birth, last four digits of social security number, and bar

admission data. Registered practitioners will be assigned a unique User ID and password that will authorize them to conduct

electronic transactions with EOIR from desktop personal computers. Registration of practitioners assures the functionality,

security, and success of EOIR's electronic Government initiative, and serves as a prerequisite to electronic case access and

filing by practitioners. The proposed practitioner registration rule furnishes the Attorney General with the optimum measure of

adaptability to establish the criteria and procedures for practitioner registration, while also preserving fairness for regulated

parties and ensuring efficiency in Government operations.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 8 CFR 1001.1; 8 CFR 1003.0 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 8 USC 1362

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 12/30/2003 68 FR 75160 

NPRM Comment Period End 03/01/2004 

Final Action 07/00/2012 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Agency Contact: Robin M. Stutman 

General Counsel, Office of the General Counsel, Executive Office for Immigration Review

Department of Justice

Executive Office for Immigration Review

Suite 2600 5107 Leesburg Pike

Falls Church , VA 22041 

Phone: 703 305-0470 

FAX: 703 305-0443

E-Mail: eoir.regs@usdoj.gov

Department of Justice (DOJ) 

Executive Office for Immigration Review ( EOIR ) RIN: 1125-AA44

 View Related Documents

Title: Background and Security Investigation Checks in Proceedings Before Immigration Judges and the Board of Immigration

Appeals

Abstract: This rule amends regulations governing the Executive Office for Immigration Review to ensure that the necessary

identity, law enforcement, and security investigations are properly initiated and have been completed by the Department of

Homeland Security before the immigration judges and the Board of Immigration Appeals adjudicate certain applications for

relief.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 8 CFR 1003; 8 CFR 1208 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 5 USC 301; 6 USC 521; 8 USC 1101, 1103, 1154, 1155, 1158, 1182, 1226, 1229, 1229a, 1229b, 1229c,

1231, 1252, 1254a, 1255, 1282, 1324d, 1330, 1361, 1362; 28 USC 509, 510, 1746; sec 2 Reorg. Plan No. 2 of 1950; 3 CFR,

1949-1953, Comp., p. 1002; sec 203 of PL 105-100, 111 Stat 2196-200; sec 1506 and 1510 of PL 106-386, 114 Stat 1527-29,

1531-32; sec 1505 of PL 106-554, 114 Stat 2763A-326 to-328; titile VII of PL 110-229

Legal Deadline: None

Regulations.gov Friday, January 20, 2012 Unified Agenda

66
Timetable:

Action Date FR Cite

Interim Final Rule 01/31/2005 70 FR 4743 

Interim Final Rule Comment Period Extended 03/31/2005 70 FR 16398 

Interim Final Rule Comment Period End 04/01/2005 

Interim Final Rule Effective 04/01/2005 

Interim Final Rule Comment Period End 05/02/2005 

Final Action 03/00/2012 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Robin M. Stutman 

General Counsel, Office of the General Counsel, Executive Office for Immigration Review

Department of Justice

Executive Office for Immigration Review

Suite 2600 5107 Leesburg Pike

Falls Church , VA 22041 

Phone: 703 305-0470 

FAX: 703 305-0443

E-Mail: eoir.regs@usdoj.gov

Department of Justice (DOJ) 

Executive Office for Immigration Review ( EOIR ) RIN: 1125-AA52

 View Related Documents

Title: Jurisdiction and Venue in Removal Proceedings

Abstract: This rule amends the Department of Justice regulation addressing jurisdiction and venue in removal proceedings.

This regulatory change is necessary due to the increasing number of removal hearings being conducted by telephone or video

conference and will clarify the issue of venue for cases involving multiple geographic locations.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 8 CFR 1003.20(a) (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 5 USC 301; 8 USC 1101 note; 8 USC 1103; 8 USC 1252 note; 8 USC 1252(b); 8 USC 1324(b); 8 USC

1362; 28 USC 509; 28 USC 510; 28 USC 1746; Reorg Plan No 2 of 1950, sec 2, 3 CFR, 1949 to 1953 Comp, p 1002; PL 100-

105 sec 203; 111 Stat 2196-200; PL 106-386 sec 1506; PL 106-386, sec 1510; 114 Stat 1527-29, 1531 to 1532; PL 106-554,

sec 1505; 114 Stat 2763A, 326 to 328; 8 USC 1229(a)

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 03/28/2007 72 FR 14494 

NPRM Comment Period End 04/27/2007 

Final Action 07/00/2012 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

Energy Affected: No

Agency Contact: Robin M. Stutman 

General Counsel, Office of the General Counsel, Executive Office for Immigration Review

Department of Justice

Executive Office for Immigration Review

Suite 2600 5107 Leesburg Pike

Falls Church , VA 22041 

Phone: 703 305-0470 

FAX: 703 305-0443

E-Mail: eoir.regs@usdoj.gov

Regulations.gov Friday, January 20, 2012 Unified Agenda

67
Department of Justice (DOJ) 

Executive Office for Immigration Review ( EOIR ) RIN: 1125-AA55

 View Related Documents

Title: Eligibility of Arriving Aliens in Removal Proceedings To Apply for Adjustment of Status and Jurisdiction To Adjudicate

Applications for Adjustment of Status

Abstract: The Secretary of Homeland Security and the Attorney General are amending their respective agencies' regulations

governing applications for adjustment of status filed by paroled arriving aliens seeking to become lawful permanent residents.

The Secretary and the Attorney General are also amending the regulations to clarify when United States Citizenship and

Immigration Services or the immigration judges and the Board of Immigration Appeals of the Executive Office for Immigration

Review have jurisdiction to adjudicate applications for adjustment of status by such aliens. In addition, the Secretary and the

Attorney General are requesting comments on the possibility of adopting further proposals in the future to structure the exercise

of discretion in adjudicating these applications for adjustment of status.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 8 CFR 1001.1(q); 8 CFR 1245.1; 8 CFR 1245.2(a)(1) (To search for a specific CFR, visit the Code of Federal

Regulations ) 

Legal Authority: 8 USC 1101; 8 USC 1103; 5 USC 301; PL 105-100, sec 202; 8 USC 1182; 8 USC 1255; PL 105-277, sec

902; ...

Legal Deadline: None

Timetable:

Action Date FR Cite

Interim Final Rule 05/12/2006 71 FR 27585 

Interim Final Rule Comment Period End 06/12/2006 

Final Action 06/00/2012 

Additional Information: Joint rule with Department of Homeland Security (RIN 1615-AB50)

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Robin M. Stutman 

General Counsel, Office of the General Counsel, Executive Office for Immigration Review

Department of Justice

Executive Office for Immigration Review

Suite 2600 5107 Leesburg Pike

Falls Church , VA 22041 

Phone: 703 305-0470 

FAX: 703 305-0443

E-Mail: eoir.regs@usdoj.gov

Department of Justice (DOJ) 

Executive Office for Immigration Review ( EOIR ) RIN: 1125-AA58

 View Related Documents

Title: Board of Immigration Appeals: Affirmance Without Opinion, Referral for Three-Board-Member Review, and Publication of

Decisions as Precedents

Abstract: These revisions implement, in part, the Attorney General's August 9, 2006, Memorandum for Immigration Judges and

Members of the Board of Immigration Appeals (Board). This interim rule establishes that the Board may issue an affirmance

without opinion (AWO) in the exercise of its discretion when it is satisfied that certain regulatory criteria are met. This provision

also permits the Board to better manage its docket, budget its resources, and balance its competing adjudicatory responsibilities

by allowing the Board to determine what type of decision to issue in a particular case. This regulation clarifies that the Board's

decision to issue an AWO, or any other type of decision, does not create personal rights and is not independently reviewable. In

addition, this rule permits three-Board-member review of a small class of particularly complex cases. The rule provides the

Board with the discretion to assess its resources, and where it deems appropriate, devote more of its resources to address

complex or unusual issues of law or fact by referring a case for review by a three-member panel. Finally, this rule amends the

Regulations.gov Friday, January 20, 2012 Unified Agenda

68
regulations relating to precedent decisions of the Board, by authorizing publication of decisions either by a majority of Board

Members on a panel or by a majority of permanent Board Members. With these tools, the Board can better manage its docket,

budget its resources, and balance its competing adjudicatory responsibilities.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 8 CFR 1003.1 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 5 USC 301; 6 USC 521; 8 USC 1101; 8 USC 1103; 8 USC 1154; 8 USC 1155; 8 USC 1158; 8 USC 1182; 8

USC 1226; 8 USC 1229; 8 USC 1229(a); 8 USC 1229(b); 8 USC 1229(c); 8 USC 1231; 8 USC 1254(a); 8 USC 1255; 8 USC

1324(d); 8 USC 1330; 8 USC 1361; 8 USC 1362; 28 USC 509; 28 USC 510; 28 USC 1746; Reorg Plan No 2 of 1950, sec 2, 3

CFR 1949 to 1953 Comp, p 1002; PL 105-100, sec 203, 111 Stat 2196-200; PL 106-386, sec 1506 and 1510, 114 Stat 1527 to

1529, 1531 to 1532; PL 106-554, sec 1505, 114 Stat 2763A-326 to 2763A-328; ...

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 06/18/2008 73 FR 34654 

NPRM Comment Period End 08/18/2008 

Final Action 11/00/2012 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Robin M. Stutman 

General Counsel, Office of the General Counsel, Executive Office for Immigration Review

Department of Justice

Executive Office for Immigration Review

Suite 2600 5107 Leesburg Pike

Falls Church , VA 22041 

Phone: 703 305-0470 

FAX: 703 305-0443

E-Mail: eoir.regs@usdoj.gov

Department of Justice (DOJ) 

Executive Office for Immigration Review ( EOIR ) RIN: 1125-AA66

 View Related Documents

Title: Reorganization of Regulations on the Adjudication of Department of Homeland Security Practitioner Disciplinary Cases

Abstract: The Department of Justice (Department) is amending its regulations governing the discipline of immigration

practitioners as follows. First, the Department is amending 8 CFR part 1292 by deleting unnecessary regulations and inserting

appropriate references to applicable regulations of the Department of Homeland Security (DHS). Second, the Department is

making technical amendments to the Executive Office for Immigration Review's practitioner disciplinary regulations, and a

correction and clarification to the final rule on Professional Conduct for Practitioners-Rules and Procedures, and Representation

and Appearances, which became effective on January 20, 2009.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 8 CFR 1003; 8 CFR 1292 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 5 USC 301; 6 USC 521; 8 USC 1101, 1103, 1154, 1155, 1158, 1182, 1226, 1229, 1229a, 1229b, 1229c,

1231, 1252b, 1254a, 1255, 1324d, 1330, 1361, 1362; 28 USC 509, 510, 1746; sec 2 Reorg. Plan. No. 2 of 1950; 3 CFR, 1949-

1953, Comp., p. 1002; sec 203 of PL 105-100, 111 Stat 2196-200; sec 1506 and 1510 of PL 106-386, 114 Stat 1527-29, 1531-

32; sec 1505 of PL 106-554, 114 Stat 2763A-326-328

Legal Deadline: None

Timetable:

Action Date FR Cite

Interim Final Rule 02/00/2012 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Regulations.gov Friday, January 20, 2012 Unified Agenda

69
Federalism: No

Energy Affected: No

Public Comment URL: www.regulations.gov

Agency Contact: Robin M. Stutman 

General Counsel, Office of the General Counsel, Executive Office for Immigration Review

Department of Justice

Executive Office for Immigration Review

Suite 2600 5107 Leesburg Pike

Falls Church , VA 22041 

Phone: 703 305-0470 

FAX: 703 305-0443

E-Mail: eoir.regs@usdoj.gov

Department of Justice (DOJ) 

Executive Office for Immigration Review ( EOIR ) RIN: 1125-AA69

 View Related Documents

Title: Civil Monetary Penalties Inflation Adjustment

Abstract: This rule amends the Department of Homeland Security (DHS) regulations to adjust for inflation certain civil monetary

penalties assessed under the Immigration and Nationality Act (INA). The adjusted penalties are calculated according to a

statutory formula, and will be effective for violations occurring on or after the effective date. This rule also amends the

Department of Justice (DOJ) regulations to eliminate duplicative language and to substitute a cross-reference to the relevant

DHS regulations.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 8 CFR 280 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 8 USC 1103; 8 USC 1221; 8 USC 1223; 8 USC 1227; 8 USC 1229; 8 USC 1253; PL 101-410; PL 104-134;

...

Legal Deadline: 

Action Source Description Date

Other Statutory Statutory deadline for adjustment of penalties. 08/30/2003 

Timetable:

Action Date FR Cite

Final Action 12/00/2011 

Additional Information: Joint rule with DHS/USCBP; RIN 1651-AA91.

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Related Agencies: Joint : USCBP

Agency Contact: Robin M. Stutman 

General Counsel, Office of the General Counsel, Executive Office for Immigration Review

Department of Justice

Executive Office for Immigration Review

Suite 2600 5107 Leesburg Pike

Falls Church , VA 22041 

Phone: 703 305-0470 

FAX: 703 305-0443

E-Mail: eoir.regs@usdoj.gov

Department of Justice (DOJ) 

Bureau of Alcohol, Tobacco, Firearms, and Explosives ( ATF ) RIN: 1140-AA10

 View Related Documents

Regulations.gov Friday, January 20, 2012 Unified Agenda

70
Title: Implementation of Public Law 105-277 Relating to Secure Gun Storage

Abstract: The Department of Justice is proposing to amend the regulations of the Bureau of Alcohol, Tobacco, Firearms, and

Explosives (ATF) to implement certain provisions of Public Law 105-277, Omnibus Consolidated and Emergency Supplemental

Appropriations Act, 1999. The amendments are with regard to: 1) certification by applicants for dealers' licenses that secure gun

storage or safety devices will be available at any place where firearms are sold to nonlicensed individuals and 2) amended

definitions of certain terms, including an amended definition of "antique firearm", to include certain muzzle loading firearms. In

addition, the Gun Control Act of 1968 establishes categories of individuals who are prohibited from possessing a firearm. A

provision of Public Law 105-277 added aliens in a nonimmigrant classification as an additional prohibited category. In the same

Act, the Attorney General was authorized to grant a waiver for individuals disqualified by the new prohibited category. The

waiver petition will be granted, inter alia, upon an applicant showing proof of 180 days of residency and a statement of

character from the applicant's embassy or consulate and upon a determination by the Attorney General that the waiver should

be granted in the interests of justice so as not to jeopardize public safety.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 27 CFR 478 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 5 USC 552(a); 18 USC 847; 18 USC 921 to 931; 44 USC 3504(h)

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 02/00/2012 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Agency Contact: James Ficaretta

Program Manager

Department of Justice

Bureau of Alcohol, Tobacco, Firearms, and Explosives

99 New York Avenue NE

Washington , DC 20226 

Phone: 202 648-7094 

Department of Justice (DOJ) 

Bureau of Alcohol, Tobacco, Firearms, and Explosives ( ATF ) RIN: 1140-AA23

 View Related Documents

Title: Machine Guns, Destructive Devices, and Certain Other Firearms--Amended Definition of "Pistol"

Abstract: The Department of Justice is proposing to amend the regulations relating to machine guns, destructive devices, and

certain other firearms regulated under the National Firearms Act (NFA) for the Bureau of Alcohol, Tobacco, Firearms, and

Explosives (ATF) to clarify the definition of the term "pistol" and to define more clearly exceptions to the "pistol" definition. The

added language is necessary to clarify that certain weapons, including any weapon disguised to look like an item other than a

firearm or any gun that fires more than one shot without manual reloading by a single function of the trigger, are not pistols and

are classified as "any other weapon" under the NFA.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 27 CFR 479 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 26 USC 7805

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 04/07/2005 70 FR 17624 

NPRM Comment Period End 05/09/2005 

NPRM 03/00/2012 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Regulations.gov Friday, January 20, 2012 Unified Agenda

71
Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: James P. Ficaretta 

Program Manager

Department of Justice

Bureau of Alcohol, Tobacco, Firearms, and Explosives

99 New York Avenue NE.

Washington , DC 20226 

Phone: 202 648-7094 

Department of Justice (DOJ) 

Bureau of Alcohol, Tobacco, Firearms, and Explosives ( ATF ) RIN: 1140-AA36

 View Related Documents

Title: Commerce In Explosives--Relief From Disabilities

Abstract: The Department of Justice is proposing to amend the regulations of the Bureau of Alcohol, Tobacco, Firearms and

Explosives (ATF) to clarify that persons currently on parole or probation will not be granted relief from disabilities even where a

"compelling need" to possess explosives exists.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 27 CFR 555 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 18 USC 847

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 03/00/2012 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: James P. Ficaretta 

Program Manager

Department of Justice

Bureau of Alcohol, Tobacco, Firearms, and Explosives

99 New York Avenue NE.

Washington , DC 20226 

Phone: 202 648-7094 

Department of Justice (DOJ) 

Bureau of Alcohol, Tobacco, Firearms, and Explosives ( ATF ) RIN: 1140-AA38

 View Related Documents

Title: Federal Firearms License Proceedings--Hearings

Abstract: The Department of Justice is proposing to amend the regulations of the Bureau of Alcohol, Tobacco, Firearms, and

Explosives regarding administrative hearings held as part of firearms license proceedings. This proposed rule clarifies that such

hearings are held in an informal setting and that persons requesting a hearing will be afforded the opportunity to submit facts,

arguments, offers of settlement, or proposals of adjustment for review and consideration. The proposed regulations are intended

to ensure that federal firearms licensees and persons applying for a federal firearms license are familiar with the hearing process

relative to the denial, suspension, or revocation of a firearms license or imposition of a civil fine.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 27 CFR 478 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 5 USC 552(a); 18 USC 847; 18 USC 921 to 931; 44 USC 3504(h)

Regulations.gov Friday, January 20, 2012 Unified Agenda

72
Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 01/00/2012 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Deborah Szczenski Department of Justice

Bureau of Alcohol, Tobacco, Firearms, and Explosives

99 New York Avenue NE.

Washington , DC 20226 

Phone: 202 648-7087 

E-Mail: deborah.szczenski@atf.gov

Department of Justice (DOJ) 

Bureau of Alcohol, Tobacco, Firearms, and Explosives ( ATF ) RIN: 1140-AA39

 View Related Documents

Title: Special Explosive Articles

Abstract: The Department of Justice is proposing to amend the regulations of the Bureau of Alcohol, Tobacco, Firearms, and

Explosives to clarify that the Director may exempt from regulation the components of certain explosive actuated devices and

explosive actuated tools, as well as similar articles that utilize explosive materials in their function, and which as designed do not

constitute a public safety or security hazard. The proposed rule also adds a definition for the term "special explosive article."

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 27 CFR 555 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 18 USC 847

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 02/00/2012 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Deborah Szczenski Department of Justice

Bureau of Alcohol, Tobacco, Firearms, and Explosives

99 New York Avenue NE.

Washington , DC 20226 

Phone: 202 648-7087 

E-Mail: deborah.szczenski@atf.gov

Department of Justice (DOJ) 

Bureau of Alcohol, Tobacco, Firearms, and Explosives ( ATF ) RIN: 1140-AA40

 View Related Documents

Title: Rules of Practice in Explosives License and Permit Proceedings

Abstract: The Department of Justice is proposing to amend the regulations of the Bureau of Alcohol, Tobacco, Firearms, and

Explosives governing the procedure and practice for disapproval of applications for explosive licenses or permits and for the

denial of renewal or revocation of such licenses or permits under federal explosives law. The proposed regulations are being

codified in a new part 771, "Rules of Practice in License and Permit Proceedings." This rulemaking proceeding is included in the

Department of Justice's retrospective review plan developed pursuant to Executive Order 13563, "Improving Regulation and

Regulations.gov Friday, January 20, 2012 Unified Agenda

73
Regulatory Review."

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 27 CFR 555; 27 CFR 771 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 18 USC 843; 18 USC 847

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 01/00/2012 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Deborah Szczenski Department of Justice

Bureau of Alcohol, Tobacco, Firearms, and Explosives

99 New York Avenue NE.

Washington , DC 20226 

Phone: 202 648-7087 

E-Mail: deborah.szczenski@atf.gov

Department of Justice (DOJ) 

Bureau of Alcohol, Tobacco, Firearms, and Explosives ( ATF ) RIN: 1140-AA41

 View Related Documents

Title: Commerce in Firearms and Ammunition--Reporting Theft or Loss of Firearms in Transit

Abstract: The Department of Justice is proposing to amend the regulations of the Bureau of Alcohol, Tobacco, Firearms, and

Explosives (ATF) regarding firearms stolen or lost in transit. In particular, the proposed rule specifies that when a firearm is

stolen or lost in transit, for reporting purposes it is considered stolen or lost from the transferor's/sender's inventory.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 27 CFR 478 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 5 USC 552(a); 18 USC 847; 18 USC 921 to 931; 44 USC 3504(h)

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 04/00/2012 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: James P. Ficaretta 

Program Manager

Department of Justice

Bureau of Alcohol, Tobacco, Firearms, and Explosives

99 New York Avenue NE.

Washington , DC 20226 

Phone: 202 648-7094 

Department of Justice (DOJ) 

Bureau of Alcohol, Tobacco, Firearms, and Explosives ( ATF ) RIN: 1140-AA42

 View Related Documents

Regulations.gov Friday, January 20, 2012 Unified Agenda

74
Title: Importation of Arms, Ammunition and Implements of War and Machine Guns, Destructive Devices, and Certain Other

Firearms; Extending the Term of Import Permits

Abstract: The Department of Justice is proposing to amend the regulations of the Bureau of Alcohol, Tobacco, Firearms, and

Explosives (ATF) to extend the term of import permits for firearms, ammunition, and defense articles from 1 year to 2 years. The

additional time will allow importers sufficient time to complete the importation of the authorized commodity. In addition, it will

eliminate the need for the importer to submit a new import application, ATF Form 6, because the importation was not completed

within the 1-year period. Extending the term of import permits will also result in a substantial cost and time savings for both the

industry and ATF. This rulemaking proceeding is included in the Department of Justice's retrospective review plan developed

pursuant to Executive Order 13563, "Improving Regulation and Regulatory Review."

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 27 CFR 447; 27 CFR 479 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 22 USC 2778; 26 USC 7805

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 03/00/2012 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Deborah Szczenski Department of Justice

Bureau of Alcohol, Tobacco, Firearms, and Explosives

99 New York Avenue NE.

Washington , DC 20226 

Phone: 202 648-7087 

E-Mail: deborah.szczenski@atf.gov

Department of Justice (DOJ) 

Bureau of Alcohol, Tobacco, Firearms, and Explosives ( ATF ) RIN: 1140-AA43

 View Related Documents

Title: Background Checks for Principal Officers of Corporations, Trusts, and Other Legal Entities With Respect to the Making or

Transferring of a National Firearms Act Firearm

Abstract: The Department of Justice is proposing to amend the regulations of the Bureau of Alcohol, Tobacco, Firearms, and

Explosives (ATF) regarding the making or transferring of a firearm under the National Firearms Act. The proposed regulations

would make several changes to improve the application process, including: (1) adding a definition for the term "responsible

person" where the applicant to make a firearm or the transferee is a corporation, trust, or other legal entity; (2) with respect to

such applicants requiring each responsible person of the entity to complete a specified form, and to submit photographs and

fingerprints; (3) requiring that a copy of all applications to make or transfer a firearm be forwarded to the chief law enforcement

officer of the locality in which the maker or transferee is located; and (4) eliminating the requirement for a certification signed by

the chief law enforcement officer. This rulemaking proceeding has been included in the Department's retrospective review plan

developed pursuant to Executive Order 13563.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 27 CFR 479 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 26 USC 7805

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 05/00/2012 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Regulations.gov Friday, January 20, 2012 Unified Agenda

75
Agency Contact: James P. Ficaretta 

Program Manager

Department of Justice

Bureau of Alcohol, Tobacco, Firearms, and Explosives

99 New York Avenue NE.

Washington , DC 20226 

Phone: 202 648-7094 

Department of Justice (DOJ) 

Bureau of Alcohol, Tobacco, Firearms, and Explosives ( ATF ) RIN: 1140-AA00

 View Related Documents

Title: Implementation of the Safe Explosives Act

Abstract: The Department of Justice is amending the regulations of the Bureau of Alcohol, Tobacco, Firearms, and Explosives

(ATF) to implement the provisions of the Safe Explosives Act, title XI, subtitle C, of Public Law 107-296, the Homeland Security

Act of 2002 (enacted November 25, 2002). The law, among other things: (1) Requires that all persons receiving explosives on

and after May 24, 2003, obtain a Federal license or permit, and creates a new type of permit, the "limited permit"; (2) requires

applicants for licenses and permits to provide as part of their application the names and appropriate identifying information

regarding employees authorized to possess explosives as well as fingerprints and photographs of "responsible persons"; (3)

extends the time for ATF to act on an application for a license or permit from 45 days to 90 days; (4) authorizes warrantless

inspections of places of storage maintained by applicants for limited permits and holders of limited permits; (5) provides that

only licensees and holders of user permits must post their licenses and permits and make them available for inspection; (6)

requires that ATF conduct background checks on responsible persons and employees authorized to possess explosive

materials; (7) specifies additional categories of persons who may not lawfully receive or possess explosive materials; i.e., aliens

(other than permanent resident aliens and other excepted aliens), persons dishonorably discharged from the military, and

persons who have renounced their U.S. citizenship; (8) broadens the interstate commerce element of the prohibited persons

section of the law to specify that a violation is committed if possession of explosive materials affects interstate or foreign

commerce; (9) provides ATF the authority to require licensed manufacturers and licensed importers and persons who

manufacture or import explosive materials or ammonium nitrate to provide samples, information on chemical composition, and

other information relevant to the identification of the product; (10) broadens the scope of a criminal violation of the law to

include any institution or organization receiving Federal financial assistance within the categories of property covered by the

violation; (11) expands ATF's authority to grant relief from disabilities to all categories of prohibited persons; and (12) adds a

new theft-reporting violation, providing felony penalties for a licensee or permittee who fails to report thefts of explosives within

24 hours of discovery.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 27 CFR 555 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: PL 107-296, title XI, subtitle C

Legal Deadline: None

Timetable:

Action Date FR Cite

Interim Final Rule 03/20/2003 68 FR 13768 

Interim Final Rule Comment Period End 06/18/2003 

Final Action 04/00/2012 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

Energy Affected: No

Related RINs: Related to 1140-AA20

Agency Contact: James P. Ficaretta 

Program Manager

Department of Justice

Bureau of Alcohol, Tobacco, Firearms, and Explosives

99 New York Avenue NE.

Washington , DC 20226 

Phone: 202 648-7094 

Regulations.gov Friday, January 20, 2012 Unified Agenda

76
Department of Justice (DOJ) 

Bureau of Alcohol, Tobacco, Firearms, and Explosives ( ATF ) RIN: 1140-AA04

 View Related Documents

Title: Commerce in Firearms and Ammunition (Omnibus Consolidated Appropriations Act of 1997)

Abstract: The Omnibus Consolidated Appropriations Act of 1997 contains amendments to the Gun Control Act of 1968 (GCA).

The Act amended the GCA to make it unlawful for any person convicted of a "misdemeanor crime of domestic violence" to ship,

transport, possess, or receive in or affecting commerce firearms or ammunition. It also amended the GCA to make it unlawful for

any person to sell or otherwise dispose of a firearm or ammunition to any person knowing or having reasonable cause to believe

that the recipient has been convicted of such a misdemeanor. The Act also amended the GCA to provide for sales between

Federal firearms licensees of curio and relic firearms away from their licensed premises.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 27 CFR 478 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 18 USC 847; 18 USC 921 to 931

Legal Deadline: None

Timetable:

Action Date FR Cite

Interim Final Rule 06/30/1998 63 FR 35520 

NPRM 06/30/1998 63 FR 35551 

NPRM Comment Period End 09/28/1998 

Final Action 02/00/2012 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

Agency Contact: James Ficaretta

Program Manager

Department of Justice

Bureau of Alcohol, Tobacco, Firearms, and Explosives

99 New York Avenue NE

Washington , DC 20226 

Phone: 202 648-7094 

Department of Justice (DOJ) 

Bureau of Alcohol, Tobacco, Firearms, and Explosives ( ATF ) RIN: 1140-AA05

 View Related Documents

Title: Residency Requirement for Persons Acquiring Firearms

Abstract: The Department of Justice is amending the regulations of the Bureau of Alcohol, Tobacco, Firearms, and Explosives

(ATF) to require that aliens purchasing firearms provide proof of residency through the use of substantiating documentation,

such as utility bills or a lease agreement. In addition, the regulations are being amended to require that licensees examine a

photo identification document from aliens purchasing firearms. These regulations implement firearms initiatives intended to

protect the American public from gun violence.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 27 CFR 478 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 5 USC 552(a); 18 USC 847; 18 USC 921 to 931; 44 USC 3504(h)

Legal Deadline: None

Timetable:

Action Date FR Cite

Interim Final Rule 04/21/1997 62 FR 19442 

NPRM 04/21/1997 62 FR 19446 

Interim Final Rule Comment Period End 07/21/1997 

NPRM Comment Period End 07/21/1997 

Regulations.gov Friday, January 20, 2012 Unified Agenda

77
Final Action 02/00/2012 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

Agency Contact: James Ficaretta

Program Manager

Department of Justice

Bureau of Alcohol, Tobacco, Firearms, and Explosives

99 New York Avenue NE

Washington , DC 20226 

Phone: 202 648-7094 

Department of Justice (DOJ) 

Bureau of Alcohol, Tobacco, Firearms, and Explosives ( ATF ) RIN: 1140-AA08

 View Related Documents

Title: Public Law 105-277, Making Omnibus Consolidated and Emergency Supplemental Appropriations for FY 1999 Relating

to Firearms Disabilities for Nonimmigrant Aliens

Abstract: The Department of Justice is amending the regulations of the Bureau of Alcohol, Tobacco, Firearms, and Explosives

(ATF) to implement certain provisions of Public Law 105-277, Making Omnibus Consolidated and Emergency Supplemental

Appropriations for fiscal year 1999. The amendments implement the law by prohibiting, with certain exceptions, the transfer to

and possession of firearms by aliens admitted to the United States under a nonimmigrant visa.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 27 CFR 478 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 5 USC 552(a); 18 USC 847; 18 USC 921 to 931; 44 USC 3504(h)

Legal Deadline: None

Timetable:

Action Date FR Cite

Interim Final Rule 02/05/2002 67 FR 5422 

NPRM 02/05/2002 67 FR 5428 

NPRM Comment Period End 05/06/2002 

Final Action 05/00/2012 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Agency Contact: James Ficaretta

Program Manager

Department of Justice

Bureau of Alcohol, Tobacco, Firearms, and Explosives

99 New York Avenue NE

Washington , DC 20226 

Phone: 202 648-7094 

Department of Justice (DOJ) 

Bureau of Alcohol, Tobacco, Firearms, and Explosives ( ATF ) RIN: 1140-AA20

 View Related Documents

Title: Implementation of the Safe Explosives Act--Delivery of Explosive Materials by Common or Contract Carrier

Abstract: This rule amends the regulations of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) to remove the

requirement that common or contract carriers taking possession of explosive materials for delivery to a licensee or permittee

complete ATF Form 5400.8 (Explosives Delivery Record) prior to taking possession of explosive materials, regardless of

whether they are hired by the distributor or by the distributee. ATF believes that this requirement is unduly burdensome and

unnecessary. Furthermore, ATF does not believe that the elimination of this form will result in diversion of explosive materials to

criminal or terrorist use.

Regulations.gov Friday, January 20, 2012 Unified Agenda

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Priority: Other Significant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 27 CFR 555 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: PL 107-296, title XI, subtitle C

Legal Deadline: None

Timetable:

Action Date FR Cite

Interim Final Rule Effective 09/11/2003 

Interim Final Rule 09/11/2003 68 FR 53509 

Interim Final Rule Comment Period End 10/14/2003 

Final Action 04/00/2012 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Related RINs: Related to 1140-AA00

Agency Contact: James P. Ficaretta 

Program Manager

Department of Justice

Bureau of Alcohol, Tobacco, Firearms, and Explosives

99 New York Avenue NE.

Washington , DC 20226 

Phone: 202 648-7094 

Department of Justice (DOJ) 

Bureau of Alcohol, Tobacco, Firearms, and Explosives ( ATF ) RIN: 1140-AA31

 View Related Documents

Title: Implementation of the USA Patriot Improvement and Reauthorization Act of 2005 Regarding Trafficking in Contraband

Cigarettes or Smokeless Tobacco

Abstract: The Department of Justice is amending the regulations of the Bureau of Alcohol, Tobacco, Firearms, and Explosives

(ATF) to implement a provision of the USA Patriot Improvement and Reauthorization Act of 2005 regarding trafficking in

contraband cigarettes or smokeless tobacco. Section 121 of the Act contains several amendments to the Contraband Cigarette

Trafficking Act, 18 U.S.C. chapter 114.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 27 CFR 646 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 18 USC 2341 to 2346

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 07/28/2010 75 FR 44173 

NPRM Comment Period End 10/26/2010 

Final Action 04/00/2012 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: James P. Ficaretta 

Program Manager

Department of Justice

Bureau of Alcohol, Tobacco, Firearms, and Explosives

99 New York Avenue NE.

Washington , DC 20226 

Regulations.gov Friday, January 20, 2012 Unified Agenda

79
Phone: 202 648-7094 

Department of Justice (DOJ) 

Bureau of Alcohol, Tobacco, Firearms, and Explosives ( ATF ) RIN: 1140-AA34

 View Related Documents

Title: Elimination of Firearms Transaction Record, ATF Form 4473 (Low Volume)

Abstract: The Department of Justice is amending the regulations of the Bureau of Alcohol, Tobacco, Firearms, and Explosives

(ATF) by eliminating the Firearms Transaction Record, ATF Form 4473 (Low Volume (LV)), parts I and II. These forms may be

used by federally licensed firearms dealers as an alternate record for the receipt and disposition of firearms. Because licensees

rarely use Forms 4473 (LV), ATF has determined that continued use of these forms is unwarranted and they should be

eliminated.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 27 CFR 478 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 5 USC 522(a); 18 USC 847; 18 USC 921 to 931; 44 USC 3504(h)

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 08/05/2010 75 FR 47254 

NPRM Comment Period End 11/03/2010 

Final Action 05/00/2012 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Agency Contact: Deborah Szczenski Department of Justice

Bureau of Alcohol, Tobacco, Firearms, and Explosives

99 New York Avenue NE.

Washington , DC 20226 

Phone: 202 648-7087 

E-Mail: deborah.szczenski@atf.gov

Department of Justice (DOJ) 

Civil Rights Division ( CRT ) RIN: 1190-AA66

 View Related Documents

Title: Nondiscrimination on the Basis of Disability by State and Local Governments and Public Accommodations: Accessibility

of Medical Equipment and Furniture

Abstract: On July 26, 2010, the Department published an Advanced Notice of Proposed Rulemaking (ANPRM) to consider

possible changes to requirements under titles II and III of the ADA to require that equipment and furniture used in programs and

services provided by public entities and public accommodations are accessible to individuals with disabilities. See RIN 1190-

AA64. In the 2010 ANPRM the Department sought public input on possible revisions to its ADA regulations that would be

needed to require the accessibility of equipment and furniture in such programs and services, and also sought background

information for the regulatory assessment that would be needed for the Department to revise its regulations. The 2010 ANPRM

addressed the following broad categories of equipment and furniture: medical equipment and furniture; exercise equipment and

furniture; accessible golf cars; beds in accessible guest rooms and sleeping rooms; beds in nursing homes and other care

facilities; electronic and information technology; and inquired about the necessity for accessibility of other types of equipment

and furniture. The comment period on the 2010 ANPRM closed on January 24, 2011. This was the initial step in the

Department's rulemaking process on accessible equipment and furniture. The Department intends to proceed in several stages

to revise the title II and title III regulations to address the accessibility requirements for equipment and furniture addressed in

the initial 2010 ANPRM. As a separate step in the rulemaking process, the Department has decided to publish an ANPRM that

solely addresses the accessibility requirements for medical equipment and furniture pursuant to titles II and III of the ADA. This

proposed ANPRM will include all of the various types of medical equipment and furniture addressed in the 2010 ANPRM and

will allow the Department to solicit more detailed input from the public regarding, among other things, the appropriate accessible

features for medical equipment and furniture; the commercial availability of such equipment and furniture; costs associated with

Regulations.gov Friday, January 20, 2012 Unified Agenda

80
the acquisition and implementation of such equipment and furniture; scoping requirements for specific facility types; and

triggering events, implementation schedules and effective dates for requiring compliance with the requirements for accessible

medical equipment and furniture. The proposed ANPRM on accessible medical equipment and furniture will also permit the

Department, as a member of the Access Board, to coordinate more closely with the Board in the Board's development of

standards setting forth minimum technical requirements for medical diagnostic equipment used in (or in conjunction with)

physician's offices, clinics, emergency rooms, hospitals, and other medical settings pursuant to the Patient Protection and

Affordable Care Act. This health care reform legislation added a new section 510 to the Rehabilitation Act of 1973 and directed

the Access Board to promulgate standards to ensure that such medical diagnostic equipment is accessible to, and usable by,

individuals with accessibility needs and allows independent entry to, use of, and exit from the equipment or furniture by such

individuals to the maximum extent possible. As stated in the 2010 ANPRM, the Department does not intend to issue a final rule

on medical equipment, until the Board has promulgated its medical diagnostic equipment standards. When the Board has

completed its medical diagnostic equipment standards, the Department will decide whether to adopt them for ADA

implementation in the context of the Department's rulemaking on medical equipment and furniture.

Priority: Other Significant Agenda Stage of Rulemaking: PreRule

Major: Undetermined Unfunded Mandates: No

CFR Citation: 28 CFR 35; 28 CFR 36 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 42 USC 12101, et seq

Legal Deadline: None

Timetable:

Action Date FR Cite

ANPRM 04/00/2012 

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Local; State

Small Entities Affected: Business Federalism: No

Energy Affected: No

Agency Contact: Allison J. Nichol 

Chief, Disability Rights Section

Department of Justice

Civil Rights Division

950 Pennsylvania Avenue NW.

Washington , DC 20031 

Phone: 800 514-0301 

FAX: 202-307-1198

Department of Justice (DOJ) 

Civil Rights Division ( CRT ) RIN: 1190-AA59

 View Related Documents

Title: Implementation of the ADA Amendments Act of 2008 (Title II and Title III of the ADA)

Abstract: The Department of Justice proposes to amend its regulations implementing title II and title III of the Americans with

Disabilities Act (ADA), 28 CFR part 35 and 28 CFR part 36, to implement changes to the ADA enacted in the ADA Amendments

Act of 2008, Public Law 110-325, 122 Stat. 3553 (Sept. 25, 2008). The ADA Amendments Act took effect on January 1, 2009.

The ADA Amendments Act amended the Americans With Disabilities Act, 42 U.S.C. 12101, et seq., to clarify terms within the

definition of disability and to establish standards that must be applied to determine if a person has a covered disability. These

changes are intended to mitigate the effects of the Supreme Court's decisions in Sutton v. United Airlines, 527 U.S. 471 (1999),

and Toyota Motor Manufacturing v. Williams, 534, U.S. 184 (2002). Specifically, the ADA Amendments Act (1) adds illustrative

lists of "major life activities," including "major bodily functions," that provide more examples of covered activities and covered

conditions than are now contained in agency regulations (sec. 3[2]); (2) clarifies that a person who is "regarded as" having a

disability does not have to be regarded as being substantially limited in a major life activity (sec. 3[3]); and (3) adds rules of

construction regarding the definition of disability that provide guidance in applying the term "substantially limits" and prohibit

consideration of mitigating measures in determining whether a person has a disability (sec. 3[4]).

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 28 CFR 35; 28 CFR 36 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: PL 110-325; 42 USC 12134(a); 42 USC 12186(b)

Legal Deadline: None

Regulations.gov Friday, January 20, 2012 Unified Agenda

81
Timetable:

Action Date FR Cite

NPRM 03/00/2012 

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Local; State

Small Entities Affected: Business; Governmental Jurisdictions Federalism: Undetermined

Energy Affected: No

Agency Contact: Allison J. Nichol 

Chief, Disability Rights Section

Department of Justice

Civil Rights Division

950 Pennsylvania Avenue NW.

Washington , DC 20031 

Phone: 800 514-0301 

FAX: 202-307-1198

Department of Justice (DOJ) 

Civil Rights Division ( CRT ) RIN: 1190-AA60

 View Related Documents

Title: Implementation of the ADA Amendments Act of 2008 (Section 504 of the Rehabilitation Act)

Abstract: The Department of Justice is proposing to amend its regulations implementing section 504 of the Rehabilitation Act of

1973, as amended, 28 CFR part 39 and part 42, subpart G, and its regulation implementing E.O. 12250, 28 CFR part 41, to

reflect statutory amendments to the definition of disability enacted in the ADA Amendments Act of 2008, Public Law 110-325,

122 Stat. 3553 (Sep. 25, 2008). The ADA Amendments Act took effect on January 1, 2009. The ADA Amendments Act revised

29 U.S.C. section 705, to make the definition of disability used in the nondiscrimination provisions in title V of the Rehabilitation

Act consistent with the amended ADA requirements. These amendments (1) add illustrative lists of "major life activities,"

including "major bodily functions," that provide more examples of covered activities and covered conditions than are now

contained in agency regulations (sec. 3[2]); (2) clarify that a person who is "regarded as" having a disability does not have to be

regarded as being substantially limited in a major life activity (sec. 3[3]); and (3) add rules of construction regarding the

definition of disability that provide guidance in applying the term "substantially limits" and prohibit consideration of mitigating

measures in determining whether a person has a disability (sec. 3[4]). The Department anticipates that these changes will be

published for comment in a proposed rule within the next 12 months. During the drafting of these revisions, the Department will

also review the currently published rules to ensure that any other statutory changes in the Rehabilitation Act have been properly

addressed in these regulations.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 28 CFR 39; 28 CFR 41; 28 CFR 42, subpart G (To search for a specific CFR, visit the Code of Federal

Regulations ) 

Legal Authority: PL 110-325; 29 USC 794 (sec 504 of the Rehabilitation Act of 1973, as amended); EO 12250 (45 FR 72955;

11/04/1980)

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 03/00/2012 

Regulatory Flexibility Analysis Required: No Government Levels Affected: Local; State

Small Entities Affected: Business; Governmental Jurisdictions Federalism: Undetermined

Energy Affected: No

Agency Contact: Allison J. Nichol 

Chief, Disability Rights Section

Department of Justice

Civil Rights Division

950 Pennsylvania Avenue NW.

Washington , DC 20031 

Phone: 800 514-0301 

FAX: 202-307-1198

Regulations.gov Friday, January 20, 2012 Unified Agenda

82
Department of Justice (DOJ) 

Civil Rights Division ( CRT ) RIN: 1190-AA62

 View Related Documents

Title: Nondiscrimination on the Basis of Disability in State and Local Government Services; Next Generation 9-1-1

Abstract: In 1991, the Department of Justice published a regulation to implement title II of the Americans With Disabilities Act

of 1990 (ADA). That regulation includes the requirement that public safety answering points (PSAPs) provide direct access to

persons with disabilities who use analog telecommunication devices for the deaf (TTYs). 28 CFR 35.162. On July 26, 2010, the

Department published an advance notice of proposed rulemaking (ANPRM) to address in what manner PSAPs should be

required to make changes in communication technology to reflect developments that have occurred since the publication of the

1991 regulation. Many individuals with disabilities now use the Internet and wireless text devices as their primary modes of

telecommunications. At the same time, PSAPs are considering and planning to shift from analog telecommunications technology

to new Internet-Protocol (IP)-enabled Next Generation 9-1-1 services (NG 9-1-1) that will provide voice and data (such as text,

pictures, and video) capabilities. The ANPRM sought information on possible revisions to the Department's regulation to ensure

direct access to NG 9-1-1 services for individuals with disabilities. In the next step of the rulemaking process, the Department

intends to publish a notice of proposed rulemaking to revise the title II regulation to address requirements for direct access to

NG 9-1-1 services for individuals with disabilities.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: Undetermined Unfunded Mandates: No

CFR Citation: 28 CFR 35 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 42 USC 12101 et seq

Legal Deadline: None

Timetable:

Action Date FR Cite

ANPRM 07/26/2010 75 FR 43446 

ANPRM Comment Period End 01/24/2011 

NPRM 06/00/2012 

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Local; State

Small Entities Affected: Governmental Jurisdictions Federalism: Undetermined

Energy Affected: No

Agency Contact: Allison J. Nichol 

Chief, Disability Rights Section

Department of Justice

Civil Rights Division

950 Pennsylvania Avenue NW.

Washington , DC 20031 

Phone: 800 514-0301 

FAX: 202-307-1198

Department of Justice (DOJ) 

Civil Rights Division ( CRT ) RIN: 1190-AA63

 View Related Documents

Title: Nondiscrimination on the Basis of Disability; Movie Captioning and Video Description

Abstract: On July 26, 1991, the Department of Justice published a final rule implementing title III of the Americans with

Disabilities Act of 1990 (ADA). Title III prohibits discrimination on the basis of disability in the activities of places of public

accommodation (private entities whose operations affect commerce and that fall into one of twelve categories listed in the ADA,

such as restaurants, movie theaters, schools, day care facilities, recreational facilities, and doctors' offices) and requires newly

constructed or altered places of public accommodation-as well as commercial facilities (privately owned, nonresidential facilities

such as factories, warehouses, or office buildings)-to comply with the ADA Standards (42 U.S.C. 12181–89). Title III makes it

unlawful for places of public accommodation, such as movie theaters, to discriminate against an individual in the full and equal

enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of a place of public accommodation (42

U.S.C. 12182[a]). Moreover, title III prohibits places of public accommodation from affording an unequal or lesser service to

Regulations.gov Friday, January 20, 2012 Unified Agenda

83
individuals or classes of individuals with disabilities than is offered to other individuals (42 U.S.C. 12182(b)(1)(A)(ii)). Title III

requires places of public accommodation to take "such steps as may be necessary to ensure that no individual with a disability

is excluded, denied services, segregated or otherwise treated differently because of the absence of auxiliary aids and services,

unless the entity can demonstrate that taking such steps would fundamentally alter the nature of the good, service, facility,

privilege, advantage, or accommodation being offered or would result in an undue burden," (42 U.S.C. 12182(b)(2)(A)(iii)). The

statute defines auxiliary aids to include "qualified interpreters or other effective methods of making aurally delivered materials

available to individuals with hearing impairments" and "taped texts, or other effective methods of making visually delivered

materials available to individuals with visual impairments," (42 U.S.C. 12103(1)(A)-(B)). The Department's title III regulation

specifically lists open and closed captioning and audio recordings and other effective methods of making aurally and visually

delivered materials available to individuals with hearing and visual impairments as examples of auxiliary aids and services that

should be provided by places of public accommodations, 28 CFR 36.303(b)(1)-(2), unless the public accommodation can

demonstrate that providing such aids and services would fundamentally alter the nature of the good or service being offered or

would result in an undue burden (28 CFR 36.303(a)). Because, in pertinent part, the legislative history of title III stated that

"[o]pen-captioning of feature films playing in movie theaters, is not required by this legislation," H.R. Rep. No. 101-485 (II), at

108 (1990), S. Rep. No. 101-116 at 64 (1989), the Department stated in its 1991 rule that "[m]ovie theaters are not required to

present open-captioned films," 56 FR 35544, 35567 (July 26, 1991). The Department was silent regarding closed captioning and

video description in movie theaters. The Department noted, however, that "other public accommodations that impart verbal

information through soundtracks on films, video tapes, or slide shows are required to make such information accessible to

persons who are deaf or hard of hearing. Captioning is one means to make the information accessible to individuals with

disabilities." Since 1991, there have been many technological advances in the area of closed captioning and video description

for first-run movies. In the legislative history of the ADA, the House Committee stated that "technological advances can be

expected to further enhance options for making meaningful and effective opportunities available to individuals with disabilities"

and that "[s]uch advances may require public accommodations to provide auxiliary aids and services in the future which today

would not be required because they would be held to impose undue burdens on such entities." H.R. Rep. No. 101-485 (II), at

108. On June 17, 2008, the Department issued a Notice of Proposed Rulemaking (NPRM) to adopt the revised ADA Standards

and, in pertinent part, revise the title III regulation. 73 FR 34508. In that NPRM, the Department stated that it was considering

options under which it might require that movie theater owners or operators exhibit movies that are captioned for patrons who

are deaf or hard of hearing and movies that provide video (narrative) description for patrons who are blind or have low vision.

The Department received numerous comments urging the Department to issue captioning and video description regulations

under the ADA. Rather than using these comments to formulate a final rule, however, the Department decided to issue a

supplemental ANPRM for three main reasons. First, the Department wished to obtain more information regarding several issues

raised by commenters that were not contemplated at the time the 2008 NPRM was published. Second, the Department sought

public comment on several technical questions that arose from the research the Department undertook to address some of the

issues raised by commenters to the original NPRM. Finally, in the two years that had passed since issuance of the 2008 NPRM,

the Department was aware that movie theater owners and operators, particularly major movie theater owners and operators,

either have entered into, or had plans to enter into, agreements to convert to digital cinema. However, during that same time

period, the United States' economy, and the profitability of many public accommodations, experienced significant setbacks. The

Department wished to learn more about the status of digital conversion, concrete projections regarding if and when movie

theater owners and operators, both large and small, expected to exhibit movies using digital cinema, when such movie theater

owners and operators expected to implement digital cinema, by percentages, in their theaters, and any relevant protocols,

standards, and equipment that have been developed regarding captioning and video description for digital cinema. In addition,

the Department sought information regarding whether, in the last two years, other technologies or areas of interest (e.g., 3D)

have developed or are in the process of development that either would replace or augment digital cinema or make any regulatory

requirements for captioning and video description more difficult or expensive to implement.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 28 CFR 36 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 42 USC 12101, et seq

Legal Deadline: None

Timetable:

Action Date FR Cite

ANPRM 07/26/2010 75 FR 43467 

ANPRM Comment Period End 01/24/2011 

NPRM 03/00/2012 

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: No

Small Entities Affected: Business Federalism: No

Energy Affected: No

Agency Contact: Allison J. Nichol 

Chief, Disability Rights Section

Department of Justice

Regulations.gov Friday, January 20, 2012 Unified Agenda

84
Civil Rights Division

950 Pennsylvania Avenue NW.

Washington , DC 20031 

Phone: 800 514-0301 

FAX: 202-307-1198

Department of Justice (DOJ) 

Civil Rights Division ( CRT ) RIN: 1190-AA67

 View Related Documents

Title: Nondiscrimination on the Basis of Disability by Public Accommodations: Accessibility of Beds in Guestrooms With Mobility

Features in Places of Lodging

Abstract: On July 26, 2010, the Department published an Advanced Notice of Proposed Rulemaking (ANPRM) to consider

possible changes to requirements under titles II and III of the ADA to ensure that equipment and furniture used in programs and

services provided by public entities and public accommodations are accessible to individuals with disabilities. See RIN 1190-

AA64. In the 2010 ANPRM the Department sought public input on possible revisions to its ADA regulations that would be

needed to ensure the accessibility of equipment and furniture in such programs and services, and also sought background

information for the regulatory assessment that would be needed for the Department to revise its regulations. The 2010 ANPRM

addressed the following broad categories of equipment and furniture: medical equipment and furniture; exercise equipment and

furniture; accessible golf cars; beds in accessible guest rooms and sleeping rooms; beds in nursing homes and other care

facilities; electronic and information technology; and inquired about the necessity for accessibility of other types of equipment

and furniture. The comment period on the 2010 ANPRM closed on January 24, 2011. This was the initial step in the

Department's rulemaking process on accessible equipment and furniture. The Department intends to proceed in several stages

to revise the title II and title III regulations to address the accessibility requirements for equipment and furniture addressed in

the initial 2010 ANPRM. As a separate step in the rulemaking process, the Department has decided to publish a notice of

proposed rulemaking (NPRM) pursuant to title III of the ADA that will address the requirements for accessible beds in

guestrooms with mobility features in places of lodging. Title III of the ADA applies to persons who own, lease or lease to, or

operate places of public accommodation (42 U.S.C. 12182[a]), including places of lodging. Public accommodations discriminate

against individuals with disabilities when they enact discriminatory policies or practices, or fail to remove barriers or make

requested reasonable modifications in order to accommodate an individual's disability, unless barrier removal is not readily

achievable or a modification would fundamentally alter the nature of the business (see 28 CFR 36.304 [barrier removal] and

36.302[a][reasonable modification]). Public accommodations also must ensure that no individuals with disabilities are excluded,

denied services, segregated or otherwise treated differently from other individuals because of the absence of auxiliary aids and

services, unless taking such steps would fundamentally alter the nature of the goods, services, facilities, privileges, advantages,

or accommodations being offered or result in an undue burden (28 CFR 36.303[a]). Some types of fixed furniture are covered

specifically by the 2010 ADA Standards. See, e.g., sections 903 and 902, Fixed or Built-in Seating or Tables There are no

specific provisions in the regulations governing the accessibility of furniture that is not fixed, although furniture may be covered

by other regulatory provisions including reasonable modifications, 28 CFR 36.302, and barrier removal, 28 CFR 36.304. As the

Department noted in the 2010 ANPRM, "[m]any individuals have urged the Department to regulate the height of beds,

particularly in accessible hotel guest rooms, and to require that such beds have clearance under the bed to accommodate a

mechanical lift. In recent years, hotels have provided higher beds, using thicker mattresses that make it difficult or impossible for

many individuals who use wheelchairs to transfer onto the beds . . . In addition, many hotel beds use a solid-sided platform

base for beds with no clearance underneath, which prevents the use of a portable lift to transfer an individual [with a disability]

onto the bed." 75 Fed. Reg. 43452, 43458 (July 26, 2010). The proposed rulemaking would address and request public input

about, among other things, the features proposed for accessible beds, including bed height and under-bed clearance, as well as

the commercial availability of accessible beds (and bed components), the costs associated with the acquisition and

implementation of accessible beds, scoping requirements, implementation schedules and effective dates for compliance.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 28 CFR 36 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 42 USC 12101, et seq

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 06/00/2012 

Additional Information: Split from 1190-AA64

Regulations.gov Friday, January 20, 2012 Unified Agenda

85
Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: No

Small Entities Affected: Business Federalism: No

Energy Affected: No

Agency Contact: Allison J. Nichol 

Chief, Disability Rights Section

Department of Justice

Civil Rights Division

950 Pennsylvania Avenue NW.

Washington , DC 20031 

Phone: 800 514-0301 

FAX: 202-307-1198

Department of Justice (DOJ) 

Civil Rights Division ( CRT ) RIN: 1190-AA61

 View Related Documents

Title: Nondiscrimination on the Basis of Disability; Accessibility of Web Information and Services of Public Accommodations

Abstract: The Department of Justice is considering proposed revisions to the regulation implementing title III of the Americans

with Disabilities Act (ADA) in order to provide specific guidance on the obligations of public accommodations to make goods,

services, facilities, privileges, accommodations, or advantages they offer via the Internet, specifically at sites on the World Wide

Web (Web), accessible to individuals with disabilities.

Priority: Other Significant Agenda Stage of Rulemaking: Long-term Action

Major: No Unfunded Mandates: No

CFR Citation: 28 CFR 36 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 42 USC 12101, et seq

Legal Deadline: None

Timetable:

Action Date FR Cite

ANPRM 07/26/2010 75 FR 43460 

ANPRM Comment Period End 01/24/2011 

NPRM 12/00/2012 

Additional Information: See also RIN 1190-AA65 which was split from this RIN of 1190-AA61.

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: No

Small Entities Affected: Business Federalism: No

Energy Affected: No

Agency Contact: Allison J. Nichol 

Chief, Disability Rights Section

Department of Justice

Civil Rights Division

950 Pennsylvania Avenue NW.

Washington , DC 20031 

Phone: 800 514-0301 

FAX: 202-307-1198

Department of Justice (DOJ) 

Civil Rights Division ( CRT ) RIN: 1190-AA64

 View Related Documents

Title: Nondiscrimination on the Basis of Disability by State and Local Governments and Places of Public Accommodation;

Equipment and Furniture

Abstract: Title II of the ADA applies to services, programs, or activities of public entities within the meaning of 42 U.S.C.

12133(1)(A). The program accessibility requirement of title II mandates public entities to operate each service, program, or

activity so that, when viewed in its entirety, the service, program, or activity is readily accessible to and usable by individuals

Regulations.gov Friday, January 20, 2012 Unified Agenda

86
with disabilities, subject to a defense of fundamental alteration or undue burden (28 CFR 35.150[a]). Section 35.150(b) specifies

that such entities may meet their obligation to make each program accessible to individuals with disabilities through the

"redesign of equipment." Title II entities also must ensure that communications with individuals with disabilities are as effective

as communications with others and provide appropriate auxiliary aids and services where necessary to ensure that individuals

with disabilities have an equal opportunity to participate in and benefit from a service, program, or activity (28 CFR 35.160). Title

III of the ADA applies to persons who own, lease or lease to, or operate places of public accommodation (42 U.S.C. 12182[a]).

Public accommodations discriminate against individuals with disabilities when they enact discriminatory policies or practices, or

fail to remove barriers or make requested reasonable modifications in order to accommodate an individual's disability, unless

barrier removal is not readily achievable or a modification would fundamentally alter the nature of the business (see 28 CFR

36.304 [barrier removal] and 36.302[a][reasonable modification]). Public accommodations also must ensure that no individuals

with disabilities are excluded, denied services, segregated or otherwise treated differently from other individuals because of the

absence of auxiliary aids and services, unless taking such steps would fundamentally alter the nature of the goods, services,

facilities, privileges, advantages, or accommodations being offered or result in an undue burden (28 CFR 36.303[a]). Some types

of equipment and furniture are covered specifically by the Department's adoption of the 1991 ADAAG as the ADA Standards for

Accessible Design. Equipment and furniture may also be covered by other regulatory provisions including reasonable

modifications, 28 CFR 36.302; auxiliary aids, 28 CFR 36.303; and barrier removal, 28 CFR 36.304. While some types of fixed

equipment and furniture are explicitly covered by the 1991 Standards, there are no specific provisions in the regulations

governing the accessibility of equipment and furniture that are not fixed. See 28 CFR pt. 36, app. A. (Automatic Teller Machines

(ATMs) and Fixed or Built-in Seating or Tables). To the extent that the ADA standards apply requirements for fixed equipment

and furniture, the Department will look to those standards for guidance on accessibility standards for equipment and furniture

that are not fixed. Accessible equipment and furniture is often critical to an entity's ability to provide a person with a disability

equal access to its services. Changes in technology have resulted in the development and improved availability of accessible

equipment and furniture that benefit individuals with disabilities. Consequently, it is easier now to specify appropriate

accessibility standards for such equipment and furniture, as the Access Board has done for several types of fixed equipment

and furniture, including ATMs, washing machines, dryers, tables, benches, and vending machines. See sections 903, 902, 707,

611, and 228 of the ADA/ABA Accessibility Guidelines. On July 26, 2010, the Department published an Advanced Notice of

Proposed Rulemaking (ANPRM) to consider possible changes to requirements under titles II and III of the ADA to ensure that

equipment and furniture used in programs and services provided by public entities and public accommodations are accessible to

individuals with disabilities. See RIN 1190-AA64. In the 2010 ANPRM the Department sought public input on possible revisions

to its ADA regulations that would be needed to ensure the accessibility of equipment and furniture in such programs and

services, and also sought background information for the regulatory assessment that would be needed for the Department to

revise its regulations. The 2010 ANPRM addressed the following broad categories of equipment and furniture: medical

equipment and furniture; exercise equipment and furniture; accessible golf cars; beds in accessible guest rooms and sleeping

rooms; beds in nursing homes and other care facilities; electronic and information technology; and inquired about the necessity

for accessibility of other types of equipment and furniture. The comment period on the 2010 ANPRM closed on January 24,

2011. This was the initial step in the Department's rulemaking process on accessible equipment and furniture. The Department

intends to proceed in several stages to revise the title II and title III regulations to address the accessibility requirements for

equipment and furniture addressed in the initial 2010 ANPRM. As noted in separate agenda review reports, the Department

intends to proceed with a separate ANPRM on medical equipment and furniture and an NPRM on hotel beds in guestrooms with

mobility features in places of lodging. These categories of equipment and furniture were included in the 2010 ANPRM. The

timetable listed below for the next step in the rulemaking process includes all of the remaining categories of equipment and

furniture from the 2010 ANPRM, RIN 1190-AA64.

Priority: Other Significant Agenda Stage of Rulemaking: Long-term Action

Major: No Unfunded Mandates: No

CFR Citation: 28 CFR 35; 28 CFR 36 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 42 USC 12101 et seq

Legal Deadline: None

Timetable:

Action Date FR Cite

ANPRM 07/26/2010 75 FR 43452 

ANPRM Comment Period End 01/24/2011 

NPRM 12/00/2012 

Additional Information: See also 1190-AA67.

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Local; State

Small Entities Affected: Business; Governmental Jurisdictions;

Organizations Federalism: Undetermined

Energy Affected: No

Agency Contact: Allison J. Nichol 

Chief, Disability Rights Section

Regulations.gov Friday, January 20, 2012 Unified Agenda

87
Department of Justice

Civil Rights Division

950 Pennsylvania Avenue NW.

Washington , DC 20031 

Phone: 800 514-0301 

FAX: 202-307-1198

Department of Justice (DOJ) 

Civil Rights Division ( CRT ) RIN: 1190-AA65

 View Related Documents

Title: Nondiscrimination on the Basis of Disability: Accessibility of Web Information and Services of State and Local

Governments

Abstract: The Department published an ANPRM on July 26, 2010, RIN 1190-AA61, that addressed issues relating to proposed

revisions of both the title II and title III ADA regulations in order to provide guidance on the obligations of covered entities to

make programs, services and activities offered over the Web accessible to individuals with disabilities. The Department has now

divided the rulemakings in the next step of the rulemaking process so as to proceed with separate notices of proposed

rulemakings for title II and title III. The title III rulemaking on Web accessibility will continue under RIN 1190-AA61 and the title II

rulemaking will continue under the new RIN 1190-AA65. This rulemaking will provide specific guidance to public entities in order

to make services, programs, or activities offered to the public via the Web accessible to individuals with disabilities.

Priority: Other Significant Agenda Stage of Rulemaking: Long-term Action

Major: Undetermined Unfunded Mandates: No

CFR Citation: 28 CFR 35 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 42 USC 12101, et seq

Legal Deadline: None

Timetable:

Action Date FR Cite

ANPRM 07/26/2010 75 FR 43460 

ANPRM Comment Period End 01/21/2011 

NPRM 12/00/2012 

Additional Information: Split from RIN 1190-AA61.

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Local; State

Small Entities Affected: Governmental Jurisdictions Federalism: Undetermined

Energy Affected: No

Agency Contact: Allison J. Nichol 

Chief, Disability Rights Section

Department of Justice

Civil Rights Division

950 Pennsylvania Avenue NW.

Washington , DC 20031 

Phone: 800 514-0301 

FAX: 202-307-1198

Department of Justice (DOJ) 

Civil Rights Division ( CRT ) RIN: 1190-AA51

 View Related Documents

Title: Amendments to the Procedures for the Administration of Section 5 of the Voting Rights Act of 1965

Abstract: Section 5 of the Voting Rights Act of 1965 requires certain States and their political subdivisions (covered

jurisdictions) to obtain "preclearance" from the Federal Government of proposed changes in voting practices and procedures

prior to their implementation. Preclearance may be obtained either through litigation in the United States District Court for the

District of Columbia or administratively from the Attorney General. In 1971, the Department first issued procedures for the

administration of section 5 to inform covered jurisdictions concerning the manner in which they could comply with section 5 in

Regulations.gov Friday, January 20, 2012 Unified Agenda

88
the administrative proceeding before the Attorney General. In subsequent years, the Department has amended these

procedures to reflect changes in section 5 law and in the Attorney General's internal practices, and to make the procedures

clearer and easier to follow. In the many years since the last major amendment to the procedures, there have been significant

changes in section 5 law and in the practices employed by the Department in processing submissions, which are not reflected in

the existing procedures.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 28 CFR 51 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 5 USC 301; 28 USC 509 to 510; 42 USC 1973(a)(c); 42 USC 1973(c)

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 06/11/2010 75 FR 33205 

NPRM Comment Period End 08/10/2010 

Final Action 04/15/2011 76 FR 21239 

Regulatory Flexibility Analysis Required: No Government Levels Affected: Local; State

Federalism: No

Agency Contact: T. Christian Herren 

Acting Chief, Voting Section

Department of Justice

Civil Rights Division

1800 G Street NW.

Washington , DC 20006 

Phone: 202 307-2767 

Department of Justice (DOJ) 

Civil Rights Division ( CRT ) RIN: 1190-AA52

 View Related Documents

Title: Amendments to Coordination of Enforcement of Nondiscrimination in Federally Assisted Programs and Implementation of

Executive Order 12250

Abstract: In 1988, the Civil Rights Restoration Act (CRRA) added definitions of "program or activity" and "program" to title VI.

The added definitions were designed to clarify the broad scope of coverage of recipients' programs or activities under these

statutes. In a joint rulemaking described at RIN 1190-AA49, and published in the Federal Register on August 26, 2003, the

Department of Justice and other Federal agencies conformed their regulations to the CRRA. In the rulemaking described under

this RIN (1190-AA52) the Department of Justice proposes to make conforming amendments to its coordination regulations

concerning agency enforcement of title VI of the Civil Rights Act of 1964, 28 CFR 42.401 to 42.415. The proposed amendments

explicitly incorporate the CRRA's definitions of "program or activity" and "program" into the Department's title VI coordination

regulations.

Priority: Other Significant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 28 CFR 42.401 to 42.415; 28 CFR 41.1 to 41.58 (To search for a specific CFR, visit the Code of Federal

Regulations ) 

Legal Authority: 42 USC 2000(d) et seq; 29 USC 706; 29 USC 794; EO 12250

Legal Deadline: None

Timetable:

Action Date FR Cite

Withdrawn 09/13/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal; Local; State

Federalism: No

Agency Contact: Peter Gray

Deputy Chief, Federal Compliance and Coordination Section

Department of Justice

Regulations.gov Friday, January 20, 2012 Unified Agenda

89
Civil Rights Division

P.O. Box 66560

Washington , DC 20035-6560 

Phone: 202 307-2222 

TDD Phone: 202 307-2678

FAX: 202 307-0595

Department of Justice (DOJ) 

Civil Rights Division ( CRT ) RIN: 1190-AA58

 View Related Documents

Title: Implementation of the Provisions of the Voting Rights Act Regarding Language Minority Groups

Abstract: The language minority provisions of the Voting Rights Act, sections 4(f)(4) and 203, require that certain States and

political subdivisions of States (covered jurisdictions) provide materials and information about elections and voting in one or

more languages other than English. Under section 203, coverage determinations are based on Census data, made by the

Director of the Census, become effective upon publication in the Federal Register, and are not subject to judicial review. In

1976, the Department first issued guidelines on implementation of the language minority provisions of the Voting Rights Act to

assist jurisdictions in understanding how the Department measures compliance and enforces these provisions. A table listing

jurisdictions covered by both section 4(f)(4) and section 203, as well as the language minority group or groups for which each is

covered, is included as an appendix to the guidelines. In subsequent years, the Department has amended these guidelines to

reflect changes enacted in the section 203 coverage formula and new section 203 determinations by the Director of the Census,

which have been made after each decennial census. The last such revisions to the guidelines were published as a final rule

without notice or comment period (58 FR 35371; Jul. 1, 1993). On July 26, 2002, the Director of the Census published in the

Federal Register new section 203 determinations based on 2000 Census data (67 FR 48871; Jul. 26, 2002). The appendix

should be updated to reflect these determinations currently in effect. The section 4(f)(4) determinations have not changed. On

July 27, 2006, the President signed the "Fannie Lou Hamer, Rosa Parks, and Coretta Scott King Voting Rights Act

Reauthorization and Amendments of 2006," Public Law 109-246, 120 Stat. 577, which includes three provisions affecting

section 203 of the Voting Rights Act. In addition, the expiration date for section 4(f)(4) and 203, as well as the identification of

the census data for making section 203 determinations, should be changed to reflect the amendments to the Voting Rights Act

enacted in 2006.

Priority: Other Significant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 28 CFR 55 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 5 USC 301; 28 USC 509 to 510; 42 USC 1973(b); 42 USC 1973(j)(d); 42 USC 1973(aa)-1(a) to 1973(aa)-2

Legal Deadline: None

Timetable:

Action Date FR Cite

Final Action Effective 08/31/2011 

Final Action 08/31/2011 76 FR 54110 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: T. Christian Herren 

Acting Chief, Voting Section

Department of Justice

Civil Rights Division

1800 G Street NW.

Washington , DC 20006 

Phone: 202 307-2767 

Regulations.gov Friday, January 20, 2012 Unified Agenda

90