### 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.

ACTI O N: Se miannu al reg ulatory agenda.

SUMMARY: The De pa rtment of Justice is publishi ng its fall 2010 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: Robe rt Hinchm an, Senior Counsel, Office of Legal Policy, Department of Justice, Room 4252, 950 Pennsylv ania Avenue NW., Washington, DC 20530, (202) 514- 8059.

SUPPLEMENTARY INFORMATION: For this ed itio n of the Depart ment of Justice’s regulatory agenda, the most important significant regul atory action and a Statement of Regulatory Priorities are included in The Regulatory Plan, which appears in both the online Unified Agenda and in part II of the Federal Register that includes the Unified Agenda.
Beginning with the fall 2007 edition, the Inter net h as be en the b asic 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 Federa l Register i s 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 fl exibility agenda, in ac co rdance with the Regulatory Flexibility Act, because th ey are likely to have a significant econ omic impact on a substantial number of small entities; and (2) any rules that the Agency has identified for peri odic re view und er section 610 of the Regulatory Flexibility Act.
Printing of these entries is limited to fields that contain inform atio n required by the Regulatory Flexibility Act’s Agenda requirements. Additional inform ation 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: Sept embe r 15, 20 10 NAME: Christopher H. Schroeder, Assistant Attorney General, Office of Legal Policy.The 137 Regulatory Agendas

Legal Activities - Proposed 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

Procedures for Suspension and Removal of Panel Trustees and Standing Trustees 1105-AB12
Conforming OVW Grant Programs Regulations to Statutory Changes 1105-AB15

Research Misconduct 1105-AB25

Disclosure or Production of Records or Information 1105-AB27
Uniform Forms for Periodic Reports for Chapter 11 Cases 1105-AB30
National Standards to Prevent, Detect, and Respond to Prison Rape 1105-AB34
Claims Under the Radiation Exposure Compensation Act; Requirements for Submission of Identification Records 1105-AB35
Supplemental Guidelines for Sex Offender Registration and Notification 1105-AB36
Determination That an Individual Shall Not Be Deemed an Employee of the Public Health Service 1105-AB37

Legal Activities - Final Rule

Title Regulation Identifier Number Procedures for Review of Denial of Claims of Standing Trustee for Actual, Necessary Expenses 1105-AB16
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
Application Procedures and Criteria for Approval of Providers of a Personal Financial Management Instructional Course by United States Trustees 1105-AB31

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

Applicability of the Sex Offender Registration and Notification Act 1105-AB22

Standards for the Administrative Collection of Claims 1105-AB26 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

Title Regulation Identifier Number Radiation Exposure Compensation Act Regulations: Allowance for Costs and Expenses 1105-AB33

Federal Bureau of Investigation - Proposed Rule

Title Regulation Identifier Number Expanded Use of NICS to Allow Access by Criminal Justice Agencies To Conduct Background Checks Prior to the Return of Firearms in Law Enforcement Possession 1110-AA27

Clarification Regarding the Production of FBI Criminal Identification Records 1110-AA28Federal Bureau of Investigation - Final Rule

Title Regulation Identifier Number Implementation of the National Stolen Passenger Motor Vehicle Information System (NSPMVIS) 1110-AA01
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
Records Management Division User Fees 1110-AA29

Federal Bureau of Investigation - Long-term Action

Title Regulation Identifier Number Communications Assistance for Law Enforcement Act: Definitions of "Replaced" and "Significantly Upgraded or Otherwise Undergone Major Modification" 1110-AA21

Implementation of Sections 104 and 109 of the Communications Assistance for Law Enforcement Act--Notice of Actual and Maximum Capacity: Paging, MSS, SMR, and ESMR 1110-AA22

Federal Bureau of Investigation - Completed Action

Title Regulation Identifier Number
FBI Criminal Justice Information Services Division User Fees 1110-AA26

Drug Enforcement Administration - Proposed Rule

Title Regulation Identifier Number Limited Exemption for Peyote Use in Traditional Ceremonies With a Traditional Indian Religion by Members of Federally Recognized Indian Tribes 1117-AA97

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

Identification of Institution-Based Individual Practitioners 1117-AB22

Drug Enforcement Administration - Final Rule

Title Regulation Identifier Number Electronic Prescriptions for Controlled Substances 1117-AA61
Chemical Mixtures Containing Listed Forms of Phosphorus 1117-AA66 Retail Sales of Scheduled Listed Products; Chemical; Self-Certification of Regulated Sellers of Scheduled Listed Chemical Products 1117-AB05
Control of Ergocristine, a Chemical Precursor Used in the Illicit Manufacture of Lysergic Acid Diethylamide, as a List I Chemical 1117-AB24

Implementation of the Methamphetamine Production Prevention Act of 2008 1117-AB25
Voluntary Surrender of Certificate of Registration 1117-AB27
Schedules of Controlled Substances: Exempted Prescription Product; River Edge Pharmaceutical, Servira 1117-AB28

Drug Enforcement Administration - Long-term Action

Title Regulation Identifier Number Security Requirements for Handlers of Pseudoephedrine, Ephedrine, and Phenylpropanolamine 1117-AA62 Implementation of the Combat Methamphetamine Epidemic Act of 2005; Notice of Transfers Following Importation or Exportation 1117-AB06

Record Requirements for Chemical Distributors 1117-AB14
Disposal of Controlled Substances by Persons Not Registered With the Drug Enforcement Administration 1117-AB18Implementation of the Ryan Haight Online Pharmacy Consumer Protection Act of 2008 1117-AB20

Drug Enforcement Administration - Completed Action

Title Regulation Identifier Number Chemical Mixtures Containing Gamma-Butyrolactone 1117-AA64
Removal of Thresholds for the List I Chemicals Ephedrine, Pseudoephedrine, and Phenylpropanolamine 1117-AB10
Control of Immediate Precursor Used in the Illicit Manufacture of Fentanyl as a Schedule II Controlled Substance 1117-AB16 Correction of Code of Federal Regulations: Removal of Temporary Listing of Benzylfentanyl and Thenylfentanyl as Controlled Substances 1117-AB26

Additions to Listing of Exempt Chemical Mixtures 1117-AB29

Bureau of Prisons - Proposed Rule

Title Regulation Identifier Number Designation of Offenses Subject to Sex Offender Release Notification 1120-AA85
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

Bureau of Prisons - Final Rule

Title Regulation Identifier Number Literacy Program 1120-AA33

Good Conduct Time 1120-AA62
Drug Testing Program 1120-AA95
Correspondence: Inspection of Outgoing General Correspondence 1120-AA98

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
Inmate Discipline--Subpart Revision 1120-AB18
Psychiatric Evaluation and Treatment 1120-AB20
Autopsies 1120-AB26

Possession or Introduction of Personal Firearms Prohibited on Federal Penal or Correctional Institution Grounds 1120-AB37
Smoking/No Smoking Areas 1120-AB42
Inmate Furloughs 1120-AB44
Use of Non-Lethal Force: Delegation 1120-AB46
Intake Screening 1120-AB47
Communication Management Units 1120-AB48
Inmate Communication With News Media: Removal of Byline Regulations 1120-AB49
Religious Beliefs and Practices: Chapel Library Materials 1120-AB50
Pre-Release Community Confinement 1120-AB51
Inmate Work and Performance Pay Program: Subpart Revision 1120-AB52
Administrative Remedy Program: Exception to Initial Filing Procedures 1120-AB59

Bureau of Prisons - Long-term Action

Title Regulation Identifier NumberCommutation of Sentence: Technical Change 1120-AB54

Inmate Access to Inmate Central File: PSRs and SORs 1120-AB57
Inmate Legal Activities 1120-AB58

Bureau of Prisons - Completed Action

Title Regulation Identifier Number Telephone Regulations and Inmate Financial Responsibility 1120-AA39

Limited Communication for Terrorist Inmates 1120-AB35

Office of Justice Programs - Proposed Rule

Title Regulation Identifier Number Victims of Crime Act (VOCA) Crime Victim Compensation Program Regulations 1121-AA68
Victim of Crime Act (VOCA) Victim Assistance Program 1121-AA69

Aimee's Law 1121-AA71

Office of Justice Programs - Final Rule

Title Regulation Identifier Number Bulletproof Vest Partnership Grant Acts of 1998 and 2000 1121-AA48
Environmental Impact Review Procedures for the VOI/TIS Grant Program 1121-AA52

Office of Justice Programs - Long-term Action

Title Regulation Identifier Number Criminal Intelligence Systems Operating Policies 1121-AA59

Office of Justice Programs - Completed Action

Title Regulation Identifier Number Certification Process for State Capital Counsel Systems; Removal of Final Rule 1121-AA76

Executive Office for Immigration Review - Proposed Rule

Title Regulation Identifier Number Authority of Immigration Judges To Issue Civil Money Penalties 1125-AA18 Suspension of Deportation and Cancellation of Removal for Certain Battered Spouses and Children; Motions To Reopen for Certain Battered Spouses and Children 1125-AA35

International Marriage Brokers 1125-AA45
Reopened Proceedings on Petitions for Alien Entrepreneur Immigrant Classification (EB-5 Visas) 1125-AA49
Executive Office for Immigration Review; Rules Governing Immigration Proceedings 1125-AA53 Enhancements and Clarifications to the List of Free Legal Services Providers for Aliens Appearing Before the Immigration Courts 1125-AA62

New Asylum and Withholding Bars 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

Executive Office for Immigration Review - Final Rule
RegulationTitle Identifier Number Suspension of Deportation and Cancellation of Removal 1125-AA25 Motions To Reopen for Suspension of Deportation and Special Rule Cancellation of Removal Pursuant to Section 1505(c) of the LIFE Act Amendments 1125-AA31

Protective Orders in Immigration Administration Proceedings 1125-AA38
Executive Office for Immigration Review Attorney/Representative Registry 1125-AA39 Transfer of Jurisdiction Over Appeals of Fines From the Board of Immigration Appeals to the Office of the Chief Administrative Hearing Officer 1125-AA41

Definitions; Fees; Powers and Authority of DHS Officers in Removal Proceedings 1125-AA43 Background and Security Investigation Checks in Proceedings Before Immigration Judges and the Board of Immigration Appeals 1125-AA44

Information Relating to Aliens' Duty To Surrender When Ordered Removed From the United States 1125-AA51
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 Control of Employment of Aliens 1125-AA64
Reorganization of Regulations on the Adjudication of Department of Homeland Security Practitioner Disciplinary Cases 1125-AA66

Executive Office for Immigration Review - Completed Action

Title Regulation Identifier Number Application of Immigration Regulations to the Commonwealth of the Northern Mariana Islands 1125-AA67

Bureau of Alcohol, Tobacco, Firearms, and Explosives - PreRule

Title Regulation Identifier Number Commerce in Explosives—Separation Distances of Ammonium Nitrate and Blasting Agents From Explosives or Blasting Agents 1140-AA27

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
Implementation of the Child Safety Lock Act of 2005 1140-AA26
Identification Markings Placed on Firearm Silencers and Firearm Mufflers 1140-AA33
Implementation of the Prevent All Cigarette Trafficking Act of 2009 1140-AA35
Commerce In Explosives—Relief From Disabilities 1140-AA36

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 Implementation of Public Law 104-208, the Omnibus Consolidated Appropriations Act of 1997, Relating to the Establishment of a National Repository for Arson and Explosives Information 1140-AA06
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
Machine Guns, Destructive Devices, and Certain Other Firearms--Amended Definition of "Pistol" 1140-AA23 Implementation of the USA Patriot Improvement and Reauthorization Act of 2005 Regarding Trafficking in Contraband 1140-AA31Cigarettes or Smokeless Tobacco 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; Acccessability of Web Services of State and Local Government Entities and Public Accomodations 1190-AA61

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 State and Local Governments and Places of Public Accommodation; Equipment and Furniture 1190-AA64

Civil Rights Division - Proposed Rule

Title Regulation Identifier Number The Failure To Select Cause of Action of the American Competitiveness and Workforce Improvement Act of 1998 1190-AA48 Amendments to Coordination of Enforcement of Nondiscrimination in Federally Assisted Programs and Implementation of Executive Order 12250 1190-AA52

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 1190-AA60

Civil Rights Division - Final Rule

Title Regulation Identifier Number Amendments to the Procedures for the Administration of Section 5 of the Voting Rights Act of 1965 1190-AA51
Implementation of the Provisions of the Voting Rights Act Regarding Language Minority Groups 1190-AA58

Civil Rights Division - Completed Action

Title Regulation Identifier Number Nondiscrimination on the Basis of Disability in Public Accommodations and Commercial Facilities 1190-AA44
Nondiscrimination on the Basis of Disability in State and Local Government Services 1190-AA46

Department of Justice (DOJ) Legal Activities ( LA ) RIN: 1105-AA74

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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 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 tocontest 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: Proposed 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 01/00/2011 NPRM Comment Period End 03/00/2011

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 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: 202 514-1263Department of Justice (DOJ) Legal Activities ( LA ) RIN: 1105-AB12

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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 03/00/2011 NPRM Comment Period End 05/00/2011

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-AB15

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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 statutorychanges. 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 and the STOP Violence Against Indian Women Discretionary Grant Program are codified at 42 U.S.C. 3796gg through 3796gg-5. The final rule for these programs, found at 28CFR part 90, was promulgated on April 18, 1995. The Grants to 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. 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. This rule proposes to amend the regulations governing the STOP Violence Against Women Formula Grant Program, the STOP Violence Against Indian Women Discretionary Grant Program, the Grants to Encourage Arrest Policies and Enforcement of Protection Orders Program, and the Grants to Reduce Violent Crimes Against Women on Campus 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: 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 06/00/2011 NPRM Comment Period End 08/00/2011

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-AB25

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Title: Research Misconduct Abstract: This rule implements the Department of Justice's (DOJ) "Federal Policy on Research Misconduct" by setting forth the definition of research misconduct, procedure for investigating allegations of research misconduct and recommending findings, and procedure for adjudicating and appealing such findings. This rule will ensure the integrity of research funded or supported by DOJ.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule Major: No Unfunded Mandates: No CFR Citation: 28 CFR 82 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 5 USC 301; 28 USC 510; 28 USC 590 Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 06/00/2011 NPRM Comment Period End 08/00/2011

Additional Information: Transferred from RIN 1121-AA72Regulatory Flexibility Analysis Required: No Government Levels Affected: Undetermined Small Entities Affected: No Federalism: No Energy Affected: No Agency Contact: Peter Brien Attorney-Advisor, Office of Justice Programs Department of Justice Legal Activities Room 5400 810 7th Street NW Washington , DC 20531 Phone: 202 305-0643 FAX: 202 307-1418 E-Mail: peter.brien@usdoj.gov

Department of Justice (DOJ) Legal Activities ( LA ) RIN: 1105-AB27

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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: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed 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 552a Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 01/00/2011 NPRM Comment Period End 03/00/2011

Regulatory Flexibility Analysis Required: No Government Levels Affected: No 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-AB30

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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 RuleMajor: 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 03/00/2011 NPRM Comment Period End 05/00/2011

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-AB34

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Title: National Standards to Prevent, Detect, and Respond to Prison Rape Abstract: The Department of Justice has under review national standards for enhancing the prevention, detection, and response to sexual abuse in confinement settings that were prepared by the National Commission on Prison Rape Elimination pursuant to the Prison Rape Elimination Act of 2003 (PREA) and recommended by the Commission to the Attorney General. Through an Advance Notice of Proposed Rulemaking (ANPRM), the Department received public input on the Commission's proposed national standards and information useful to the Department in publishing a final rule adopting national standards for the detection, prevention, reduction and punishment of prison rape, as mandated by PREA.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule Major: Undetermined 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 15601 Legal Deadline:
Action Source Description Date

Other Statutory 06/23/2010

Regulatory Plan:
Statement of Need: Rape is violent, destructive, and a crime—no less so when the victim is incarcerated. Tolerance of sexual abuse of prisoners in the government's custody is incompatible with American values. Congress affirmed the duty to protect incarcerated individuals from sexual abuse by enacting the Prison Rape Elimination Act of 2003 (PREA), 42 U.S.C. section 15601 et seq.

Legal Basis: PREA requires the Attorney General to promulgate regulations that adopt national standards for the detection, prevention, and punishment of prison rape. PREA established the Commission to carry out a comprehensive legal and factual study of a penological, physical, mental, medical, social, and economic impacts of prison rape in the United States, and to recommend to the Attorney General national standard for the detection, prevention, reduction and punishment of prison rape. The Commission released its recommended national standards in a report dated June 23, 2009. Pursuant to PREA the final rule adopting national standards "shall be based upon the independent judgment of the Attorney General, after giving due consideration to the recommended national standards provided by the Commission...and being informed by such data, opinions, and proposals that the Attorney General determines to be appropriate to consider." 42 U.S.C. section 24607(a)(2). PREA expressly mandates that the Department shall not establish a national standard "that would impose substantial additional costs compared to the costs presently expended by the Federal, State, and local prison authorities." 42 U.S.C. section 24607(a)(3).Alternatives: Given the specific direction of Congress, the Department is obligated to issue a rule that promulgates regulations establishing national standards to combat prison rape. As discussed in the rule and in the Regulatory Impact Analysis (RIA) the Department has received input from numerous stakeholders concerning the development of these regulations and, as part of the development process, considered a wide range of proposals in developing the content of such standards.

Costs and Benefits: In directing the Attorney General to promulgate national standards for enhancing the prevention, detection, reduction, and punishment of prison rape. Congress understood that such standards were likely to require federal, state, and local agencies (as well as private entities) that operate inmate confinement facilities to incur costs in implementing and complying with those standards. Given the statue's aspiration to "eliminate" prison rape in the United states, Congress recognized that costs would need to be expended. Indeed, the statute's findings (42 U.S.C. section 15601) suggest an assessment by Congress that the benefits to society of eliminating prison rape are likely to outweigh any anticipated costs of achieving that goal. The Department's full discussion of the anticipated costs and benefits of this rule is included in the rule's Initial Regulatory Impact Assessment.

Risks: These regulations are intended to carry out the intent of Congress to eliminate prison rape. The risks from the failure to promulgate these regulations are primarily that inmates in Federal, State, and local facilities would be at higher risk of sexual assault than they would be if these regulations are promulgated.
Timetable:
Action Date FR Cite
ANPRM 03/10/2010 75 FR 11077 ANPRM Comment Period End 05/10/2010
NPRM 12/00/2010

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Undetermined

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-AB35

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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 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: NoneTimetable:
Action Date FR Cite
NPRM 03/00/2011 NPRM Comment Period End 05/00/2011

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-AB36

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Title: Supplemental Guidelines for Sex Offender Registration and Notification Abstract: The Sex Offender Registration and Notification Act (SORNA), 42 U.S.C. 16901 et seq., establishes minimum national standards for sex offender registration and notification. The Attorney General issued the National Guidelines for Sex Offender Registration and Notification ("SORNA Guidelines" or "Guidelines"), 73 FR 38029 et seq., on July 2, 2008, to provide guidance and assistance to jurisdictions in implementing the SORNA standards in their sex offender registration and notification programs. These supplemental guidelines augment or modify certain features of the SORNA Guidelines in order to make a change required by the KIDS Act, 42 U.S.C. 16915a, and to address other issues arising in jurisdictions’ implementation of the SORNA requirements. The matters addressed include certain aspects of public website posting of sex offender information, interjurisdictional tracking and information sharing regarding sex offenders, the review process concerning jurisdictions' SORNA implementation, the classes of sex offenders to be registered by jurisdictions retroactively, and the treatment of Indian tribes newly recognized by the federal government subsequent to the enactment of SORNA.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule Major: No Unfunded Mandates: State, Local, Or Tribal Governments CFR Citation: None (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 42 USC 16901 Legal Deadline: None

Timetable:
Action Date FR Cite Proposed Guidelines 03/00/2011 Proposed Guidelines Comment Period End 05/00/2011

Regulatory Flexibility Analysis Required: No Government Levels Affected: Local; State; Tribal Federalism: Yes Energy Affected: No Agency Contact: David J. Karp Senior Counsel Department of Justice Legal Activities Room 4503 950 Pennsylvania Avenue NW Washington , DC 20530 Phone: 202 514-3273

Department of Justice (DOJ)Legal Activities ( LA ) RIN: 1105-AB37

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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 02/00/2011 NPRM Comment Period End 04/00/2011

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Federalism: No 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-AB16

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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: 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: 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 12/00/2010Regulatory 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-AB17

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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 01/00/2011

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.govDepartment of Justice (DOJ) Legal Activities ( LA ) RIN: 1105-AB21

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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 552a; 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 09/00/2011

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-AB31

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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
NPRM 11/14/2008 73 FR 67435 NPRM Comment Period End 01/13/2009
Final Action 02/00/2011

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-AA65

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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 07/26/1999Interim 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-AB22

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Title: Applicability of the Sex Offender Registration and Notification Act Abstract: The Department of Justice is publishing this rule to specify that the requirements of the Sex Offender Registration and Notification Act, title I of Public Law 109-248, apply to sex offenders convicted of the offense for which registration is required before the enactment of that Act. These requirements include registration by a sex offender in each jurisdiction in which the sex offender resides, is an employee, or is a student. The Attorney General has the authority to make this specification pursuant to sections 112(b) and 113(d) of the Sex Offender Registration and Notification Act.

Priority: Other Significant Agenda Stage of Rulemaking: Long-term Action Major: No Unfunded Mandates: No CFR Citation: 28 CFR 72 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: PL 109-248 Legal Deadline: None

Timetable:
Action Date FR Cite Interim Final Rule Effective 02/28/2007
Interim Final Rule 02/28/2007 72 FR 8894 Interim Final Rule Comment Period End 04/30/2007
Final Action 12/00/2011

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal; Local; State Small Entities Affected: No Federalism: Yes Energy Affected: No Agency Contact: David J. Karp Senior Counsel Department of Justice Legal Activities Room 4503 950 Pennsylvania Avenue NW Washington , DC 20530 Phone: 202 514-3273

Department of Justice (DOJ) Legal Activities ( LA ) RIN: 1105-AB26

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Title: Standards for the Administrative Collection of Claims Abstract: The Federal Claims Collection Standards (FCCS) are issued jointly by the Secretary of the Treasury and the Attorney General. These regulations prescribe the standards for the administrative collection, compromise, termination of agencycollection, and the referral to the Department of Justice for litigation of civil claims by the Federal Government for money or property. This rule revises part 901 of the FCCS, which specifies the order in which a Federal agency is required to apply a partial or installment payment to the various components of a delinquent, non-tax debt owed to the United States. The current rule states that payments are required to be applied first to the penalties, then to the administrative costs, then to interest, and last to principal. The revised rule will require the agencies to apply payments first to administrative costs that are paid out of amounts collected from the debtor (known as "contingency fees") when such costs are added to the debt, second to penalties, third to administrative costs other than contingency fees, fourth to interest, and last to principal. Also the term "administrative charges" used in sections 901.9(f) and 901.9(g) is being replaced with "administrative costs" for consistency and clarity.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Long-term Action Major: No Unfunded Mandates: No CFR Citation: 31 CFR 901.9(f); 31 CFR 901.9(g) (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 31 USC 3717(e)(1) Legal Deadline: None

Timetable:
Action Date FR Cite
Interim Final Rule 03/07/2008 73 FR 12272 Interim Final Rule Comment Period End 04/07/2008
Final Action 12/00/2011

Additional Information: The Department of Treasury Regulatory Identifier Number (RIN) for this rulemaking is 1510-AA91.

Regulatory Flexibility Analysis Required: No Government Levels Affected: Local; State; Tribal Small Entities Affected: No Federalism: No Agency Contact: Ruth Harvey Assistant Director, Commercial Litigation Branch, Civil Division Department of Justice Legal Activities 1100 L Street NW Washington , DC 20530 Phone: 202 307-0388 E-Mail: ruth.harvey@usdoj.gov

Department of Justice (DOJ) Legal Activities ( LA ) RIN: 1105-AB32

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Title: Designation of Domestic and Foreign Law Enforcement Entities To Receive Cybertipline Reports Required Under the Protect Our Children Act of 2008 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 suchagencies, 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-AB33

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Title: Radiation Exposure Compensation Act Regulations: Allowance for Costs and Expenses Abstract: This rule conforms Department regulations implementing the Radiation Exposure Compensation Act (RECA) (codified as amended at 42 U.S.C. section 2210 note (2006) to the decision of the Tenth Circuit in the case of Hackwell v. United States 491 F.3d 1229, 1241 (10th Cir. 2007). The Tenth Circuit held that the plain meaning of "services rendered" in section 9(a) of the Act revealed Congress's unambiguous intent to exclude "costs incurred" from the attorney fee limitation. Consequently, the court invalidated section 79.74(b) as "contrary to the RECA's plain language." (See also the District Court decision on remand: No. 04-cv-00827-EWN, 2008 WL 2900933.) Accordingly, the Department is amending its regulation at 28 CFR 79.74(b) to strike the language "including costs incurred" from the agency's limitation on payments to attorneys representing claimants under RECA.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Completed Action Major: No Unfunded Mandates: No CFR Citation: 28 CFR 79 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 42 USC 2210 note (2006) Radiation Exposure Compensation Act Legal Deadline: None

Timetable:
Action Date FR Cite
Final Action 08/10/2010 75 FR 48274 Final Action Effective 09/09/2010

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 20005Phone: 202 616-4129 FAX: 202 616-4313 E-Mail: dianne.spellberg@usdoj.gov

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

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Title: Expanded Use of NICS to Allow Access by Criminal Justice Agencies To Conduct Background Checks Prior to the Return of Firearms in Law Enforcement Possession Abstract: Currently, access to the National Instant Criminal Background Check System (NICS) index for non-Brady Act reasons is limited to two purposes: (1) For the issuance of firearm-related or explosives-related permits or licenses and (2) to respond to Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) inquiries relating to the Gun Control Act or the National Firearms Act. This rule amends FBI regulations to authorize criminal justice agencies to access the NICS Index to conduct background checks for the purpose of returning firearms in the possession of a law enforcement or criminal justice agency, including returning a firearm to a family member in suicide cases.

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 01/00/2011 NPRM Comment Period End 03/00/2011

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

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Title: Clarification Regarding the Production of FBI Criminal Identification Records Abstract: The rule will 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 9701Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 12/00/2010 NPRM Comment Period End 02/00/2011

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 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-AA01

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Title: Implementation of the National Stolen Passenger Motor Vehicle Information System (NSPMVIS) Abstract: The Attorney General is required to establish a National Stolen Passenger Motor Vehicle Information System (NSPMVIS) pursuant to the Anti Car Theft Act of 1992 (49 U.S.C. 33109 to 33111). The FBI is coordinating efforts in this matter and, under delegated authority from the Attorney General, the FBI is issuing this rule to establish a national system to verify the theft status of major motor vehicle component parts and junk or salvage vehicles. The system will include certain information about each passenger motor vehicle reported to a law enforcement agency as stolen and not recovered. The rule provides how an individual or entity may obtain information from the system on whether a vehicle or part is listed as stolen. The rule also provides verification procedures to be followed by insurance carriers and certain motor vehicle part businesses. In order to verify the theft status of a part or junk or salvage vehicle, an identification number will have to be obtained from the part or vehicle.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule Major: No Unfunded Mandates: No CFR Citation: 28 CFR 110 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 49 USC 33109 to 33111 Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 04/09/2002 67 FR 17027 NPRM Comment Period End 06/10/2002
Final Action 04/00/2011

Additional Information: The Criminal Division will issue a related regulation to implement the National Motor Vehicle Title Information System (NMVTIS). As required by statute, 49 U.S.C. section 30504(a), the regulation will direct junk yard and salvage yard operators and insurance carriers to file monthly reports with the operator of the NMVTIS concerning vehicles in their possession. (See RIN 1110-AA30.) (RIN 1110-AA01 has been transferred from RIN 1105-AA44.)

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Federalism: No Agency Contact: Buffy M. Bonafield Criminal Info Coordination Department of Justice Federal Bureau of Investigation 1000 Cluster Hollow Road Clarksburg , WV 26306 Phone: 304 625-2000FAX: 304 625-3875

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

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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 12/00/2010

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal; State Small Entities Affected: No Federalism: No Energy Affected: No Agency Contact: M. McIntyre Sundin Unit Chief 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

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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 officerspursuant 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.

Priority: Other Significant Agenda Stage of Rulemaking: Final RuleMajor: 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 12/00/2010

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 Unit Chief 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

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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 04/00/2011

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.

Regulatory Flexibility Analysis Required: No Government Levels Affected: NoSmall Entities Affected: No Federalism: No Agency Contact: M. McIntyre Sundin Unit Chief 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-AA29

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Title: Records Management Division User Fees Abstract: Under Public Law 101-515, the FBI has the authority to establish and collect fees for name-based checks of the FBI's records in response to requests by Federal agencies and Federal intelligence agencies for such noncriminal justice purposes as immigration, Federal Government employment, and security clearances. This rule will establish the fees charged for performing these checks, explain the methodology used to calculate these fees, and advise that future fee revisions will be made by Notice published in the Federal Register.

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: PL 101-515; 28 USC 534, note Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 09/26/2008 73 FR 55794 NPRM Comment Period End 11/25/2008
Final Action 02/00/2011

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Energy Affected: No Agency Contact: Michael A. Cannon Section Chief, National Name Check Program Department of Justice Federal Bureau of Investigation Room G-300 1325 G Street NW Washington , DC 20535 Phone: 202 220-1198

Department of Justice (DOJ) Federal Bureau of Investigation ( FBI ) RIN: 1110-AA21

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Title: Communications Assistance for Law Enforcement Act: Definitions of "Replaced" and "Significantly Upgraded or Otherwise Undergone Major Modification" Abstract: As required by section 109 of the Communications Assistance for Law Enforcement Act (CALEA), the FBI promulgated Cost Recovery Regulations allowing telecommunications carriers to recover certain costs associated with implementing CALEA. The final rule was published on March 20, 1997 (62 FR 13307), and became effective on April 21, 1997. In response to public comment received during this rulemaking, the FBI published an ANPRM on November 19, 1996 (61 FR 58799), which solicited input on the definition of the term "significant upgrade or major modification" as used by CALEA. The "significant upgrade or major modification" NPRM was published on April 28, 1998 (63 FR 23231). A supplemental NPRMproposing definitions was published on October 5, 2001. The FBI is currently reviewing comments received and is drafting a final rule which will define the terms "replaced" and "significantly upgraded or otherwise undergone major modification," for the purposes of the Cost Recovery Regulations.

Priority: Other Significant Agenda Stage of Rulemaking: Long-term Action Major: Undetermined Unfunded Mandates: No CFR Citation: 28 CFR 100 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: PL 103-414 Communications Assistance for Law Enforcement Act; PL 104-208 Omnibus Consolidated Appropriations Act of 1997 Legal Deadline: None

Timetable:
Action Date FR Cite
Final Action 00/00/0000
ANPRM 11/19/1996 61 FR 58799 ANPRM Comment Period End 12/19/1996
NPRM 04/28/1998 63 FR 23231 NPRM Comment Period End 06/29/1998 Supplemental NPRM Proposing Definitions 10/05/2001 66 FR 50931 Supplemental NPRM Comment Period End 12/04/2001

Additional Information: While CALEA required telecommunications carriers to be in compliance with section 103 by October 25, 1998, the FCC exercised its authority under section 107 of CALEA to grant carriers extensions of this compliance date. As a result of the FCC's order, carriers must now be in compliance with section 103 by June 30, 2000. If compliance is not reasonably achievable through application of available technology, the carrier may petition the FCC for a section 107 extension of up to 2 years. By subsequent FCC orders, the assistance capability compliance date for packet mode communication is November 19, 2001, and for the additional capabilities/"punchlist" capabilities is June 30, 2002. Carriers may again petition the FCC for a section 107 extension. Lastly, as a result of the publication of the Final Notice of Capacity for local exchange, cellular, and broadband PCS carriers, these carriers must be in compliance with section 104 by March 12, 2001. TRANSFERRED RIN: This rulemaking 1110-AA21 continues the rulemaking previously listed as "child" RIN 1110-AA12 under "parent" RIN 1110- AA00. This rulemaking has been transferred to RIN 1110-AA21 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 other CALEA-related rulemakings, see RINs 1110-AA10 and 1110-AA22.)

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: No

Federalism: No Energy Affected: No Agency Contact: MaryBeth Paglino Department of Justice Federal Bureau of Investigation Engineering Research Facility (ERF) FBI Academy Building 27958A Quantico , VA 22135 Phone: 703 632-6946 FAX: 703 632-6855

Department of Justice (DOJ) Federal Bureau of Investigation ( FBI ) RIN: 1110-AA22

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Title: Implementation of Sections 104 and 109 of the Communications Assistance for Law Enforcement Act--Notice of Actual and Maximum Capacity: Paging, MSS, SMR, and ESMR Abstract: Section 104 of the Communications Assistance for Law Enforcement Act (CALEA) requires the Attorney General to publish a Notice of Actual and Maximum Capacity in order to provide telecommunications carriers with the information they will need to meet law enforcement's future simultaneous electronic surveillance requirements. For local exchange, cellular, and broadband PCS, the FBI published an Initial Notice of Capacity on October 16, 1995 (60 FR 53643), and a Second Notice of Capacity on January 14, 1997 (62 FR 1902). The FBI published the Final Notice of Capacity for local exchange, cellular, and broadband PCS on March 12, 1998 (63 FR 12218). Additionally, the FBI published a Notice of Inquiry (NOI) in the Federal Register on December 18, 1998 (63 FR 70160), which solicited information on and suggestions for developing reasonable methodologies for characterizing capacity requirements for telecommunications services and technologies other than local exchange, cellular, and broadband PCS. Comments were due on February 16, 1999. Information gathered in response to theNOI was used in publishing the Further Notice of Inquiry (FNOI) on June 30, 2000 (65 FR 40694). Comments were due August 29, 2000. Information gathered in response to the FNOI will be used in the publication of an Initial Notice of Capacity for developing reasonable capacity methodologies for the paging, mobile satellite, specialized mobile radio, and enhanced specialized mobile radio services.

Priority: Other Significant Agenda Stage of Rulemaking: Long-term Action Major: Undetermined Unfunded Mandates: No CFR Citation: 28 CFR 100 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: PL 103-414 Communications Assistance for Law Enforcement Act; PL 104-208 Omnibus Consolidated Appropriations Act of 1997 Legal Deadline: None

Timetable:
Action Date FR Cite Notice of Inquiry (Cap Methodology) 00/00/0000

Additional Information: While CALEA required telecommunications carriers to be in compliance with section 103 by October 25, 1998, the FCC exercised its authority under section 107 of CALEA to grant carriers extensions of this compliance date. As a result of the FCC's order, carriers must now be in compliance with section 103 by June 30, 2000. If compliance is not reasonably achievable through application of available technology, the carrier may petition the FCC for a section 107 extension of up to 2 years. By subsequent FCC orders, the assistance capability compliance date for packet mode communication is November 19, 2001, and for the additional capabilities/"punchlist" capabilities is June 30, 2002. Carriers may again petition the FCC for a section 107 extension. Lastly, as a result of the publication of the Final Notice of Capacity for local exchange, cellular, and broadband PCS carriers, these carriers must be in compliance with section 104 by March 12, 2001. This rulemaking 1110- AA22 continues the rulemaking previously listed as "child" RIN 1110-AA13 under "parent" RIN 1110-AA00. This rulemaking has been transferred to RIN 1110-AA22 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 other CALEA-related rulemakings, see RINs 1110-AA10 and 1110-AA21.)

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: No

Federalism: No Energy Affected: No Agency Contact: MaryBeth Paglino Department of Justice Federal Bureau of Investigation Engineering Research Facility (ERF) FBI Academy Building 27958A Quantico , VA 22135 Phone: 703 632-6946 FAX: 703 632-6855

Department of Justice (DOJ) Federal Bureau of Investigation ( FBI ) RIN: 1110-AA26

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Title: FBI Criminal Justice Information Services Division User Fees Abstract: Under Public Law 101-515, the FBI has the authority to establish and collect fees for fingerprint based criminal history record information (CHRI) checks and other identification services submitted by authorized users for noncriminal justice purposes including employment and licensing. This rule: 1) Revises the fees the FBI charges for performing these checks and services; 2) explains the methodology used to calculate the FBI's revised fee schedule; and 3) establishes a structure by which future fee adjustments for these checks and services will be made by a Notice published in the Federal Register.

Priority: Other Significant Agenda Stage of Rulemaking: Completed Action 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 101-515; 28 USC 534, notes Legal Deadline: None

Timetable:
Action Date FR CiteNPRM 06/19/2008 73 FR 34905 NPRM Comment Period End 08/18/2008
Final Action 04/13/2010 75 FR 18751

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal Federalism: No Energy Affected: No Agency Contact: Christopher L. Enourato Section Chief Department of Justice Federal Bureau of Investigation Module E-3 1000 Custer Hollow Road Clarskburg , WV 26306 Phone: 304 625-2000 E-Mail: cenourato@leo.gov

Department of Justice (DOJ) Drug Enforcement Administration ( DEA ) RIN: 1117-AA97

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

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule 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
NPRM 11/00/2011 NPRM Comment Period End 12/00/2011

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: Mark W. Caverly Chief, Liaison and Policy Section Department of Justice Drug Enforcement Administration 8701 Morrissette Drive Springfield , VA 22152 Phone: 202 307-7297 E-Mail: dea.diversion.policy@usdoj.govDepartment of Justice (DOJ) Drug Enforcement Administration ( DEA ) RIN: 1117-AB21

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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: Proposed Rule 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
NPRM 09/00/2011

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: Mark W. Caverly Chief, Liaison and Policy Section Department of Justice Drug Enforcement Administration 8701 Morrissette Drive Springfield , VA 22152 Phone: 202 307-7297 E-Mail: dea.diversion.policy@usdoj.gov

Department of Justice (DOJ) Drug Enforcement Administration ( DEA ) RIN: 1117-AB22

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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: Proposed Rule 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 46396ANPRM Comment Period End 11/09/2009
NPRM 07/00/2011 NPRM Comment Period End 09/00/2011

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: Mark W. Caverly Chief, Liaison and Policy Section Department of Justice Drug Enforcement Administration 8701 Morrissette Drive Springfield , VA 22152 Phone: 202 307-7297 E-Mail: dea.diversion.policy@usdoj.gov

Department of Justice (DOJ) Drug Enforcement Administration ( DEA ) RIN: 1117-AA61

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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, the existing rules.

Priority: Economically Significant Agenda Stage of Rulemaking: Final Rule Major: Yes Unfunded Mandates: No CFR Citation: 21 CFR 1300; 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
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 08/00/2011

Additional Information: DEA-218

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Federalism: No Public Comment URL: www.deadiversion.usdoj.gov Agency Contact: Mark W. Caverly Chief, Liaison and Policy Section Department of JusticeDrug Enforcement Administration 8701 Morrissette Drive Springfield , VA 22152 Phone: 202 307-7297 E-Mail: dea.diversion.policy@usdoj.gov

Department of Justice (DOJ) Drug Enforcement Administration ( DEA ) RIN: 1117-AA66

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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: Final 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 830; 21 USC 871(b) 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 05/00/2011

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: Mark W. Caverly Chief, Liaison and Policy Section Department of Justice Drug Enforcement Administration 8701 Morrissette Drive Springfield , VA 22152 Phone: 202 307-7297 E-Mail: dea.diversion.policy@usdoj.gov

Department of Justice (DOJ) Drug Enforcement Administration ( DEA ) RIN: 1117-AB05

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Title: Retail Sales of Scheduled Listed Products; Chemical; Self-Certification of Regulated Sellers of Scheduled Listed Chemical ProductsAbstract: 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 830; 21 USC 871(b) Legal Deadline:
Action Source Description Date

Other Statutory title VII of Public Law 109-177 09/30/2006

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 03/00/2011 Final Action Effective 04/00/2011

Additional Information: Docket 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: Mark W. Caverly Chief, Liaison and Policy Section Department of Justice Drug Enforcement Administration 8701 Morrissette Drive Springfield , VA 22152 Phone: 202 307-7297 E-Mail: dea.diversion.policy@usdoj.gov

Department of Justice (DOJ) Drug Enforcement Administration ( DEA ) RIN: 1117-AB24

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Title: Control of Ergocristine, a Chemical Precursor Used in the Illicit Manufacture of Lysergic Acid Diethylamide, as a List I Chemical Abstract: The Drug Enforcement Administration (DEA) is controlling the chemical precursor ergocristine as a List I chemical under the Controlled Substances Act. Clandestine laboratories are using this chemical as a substitute for the List I chemicals ergotamine and ergonovine to illicitly manufacture the schedule I controlled substance lysergic acid diethylamide (LSD).

Priority: Other Significant Agenda Stage of Rulemaking: Final 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(b); 21 USC 890890 Legal Deadline: None

Timetable:
Action Date FR CiteNPRM 02/24/2010 75 FR 8287 NPRM Comment Period End 04/26/2010
Final Action 04/00/2011 Final Action Effective 05/00/2011

Additional Information: Docket Number DEA-320

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: Mark W. Caverly Chief, Liaison and Policy Section Department of Justice Drug Enforcement Administration 8701 Morrissette Drive Springfield , VA 22152 Phone: 202 307-7297 E-Mail: dea.diversion.policy@usdoj.gov

Department of Justice (DOJ) Drug Enforcement Administration ( DEA ) RIN: 1117-AB25

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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 (b); 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 02/00/2011 Final Action Effective 03/00/2011

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: Mark W. Caverly Chief, Liaison and Policy Section Department of Justice Drug Enforcement Administration 8701 Morrissette Drive Springfield , VA 22152 Phone: 202 307-7297 E-Mail: dea.diversion.policy@usdoj.govDepartment of Justice (DOJ) Drug Enforcement Administration ( DEA ) RIN: 1117-AB27

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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: Final Rule Major: No Unfunded Mandates: No CFR Citation: 21 CFR 1301; 21 CFR 1309 (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 824; 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; 21 USC 830 Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 06/07/2010 75 FR 32140 NPRM Comment Period End 08/06/2010
Final Action 01/00/2011 Final Action Effective 02/00/2011

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: Mark W. Caverly Chief, Liaison and Policy Section Department of Justice Drug Enforcement Administration 8701 Morrissette Drive Springfield , VA 22152 Phone: 202 307-7297 E-Mail: dea.diversion.policy@usdoj.gov

Department of Justice (DOJ) Drug Enforcement Administration ( DEA ) RIN: 1117-AB28

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Title: Schedules of Controlled Substances: Exempted Prescription Product; River Edge Pharmaceutical, Servira Abstract: This Rule amends the list of Exempted Prescription Products found in section 1308.32 of title 21 of the Code of Federal Regulations. This action is in response to DEA's review of new applications for exemption. DEA has received one new application for exemption for River Edge Pharmaceutical's Servira®. Having reviewed this application and relevant information, DEA finds that this preparation has no significant potential for abuse. Therefore, DEA adds to the list of Exempted Prescription Products and exempted from the application of certain provisions of the Controlled Substances Act.

Priority: Routine and Frequent Agenda Stage of Rulemaking: Final Rule 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 15642NPRM Comment Period End 04/29/2010
Final Action 12/00/2010 Final Action Effective 01/00/2011

Additional Information: DEA-335

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: Mark W. Caverly Chief, Liaison and Policy Section Department of Justice Drug Enforcement Administration 8701 Morrissette Drive Springfield , VA 22152 Phone: 202 307-7297 E-Mail: dea.diversion.policy@usdoj.gov

Department of Justice (DOJ) Drug Enforcement Administration ( DEA ) RIN: 1117-AA62

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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 drafted a rule 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: Long-term Action 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 821; 21 USC 822; 21 USC 823; 21 USC 824; 21 USC 830 Legal Deadline: None

Timetable:
Action Date FR Cite
Final Action 00/00/0000
NPRM 07/30/2004 69 FR 45616 NPRM Comment Period End 10/28/2004

Additional Information: 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: Mark W. Caverly Chief, Liaison and Policy Section Department of Justice Drug Enforcement Administration 8701 Morrissette Drive Springfield , VA 22152 Phone: 202 307-7297 E-Mail: dea.diversion.policy@usdoj.govDepartment of Justice (DOJ) Drug Enforcement Administration ( DEA ) RIN: 1117-AB06

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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 controlled substances.

Priority: Other Significant Agenda Stage of Rulemaking: Long-term Action 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 01/00/2012

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: Mark W. Caverly Chief, Liaison and Policy Section Department of Justice Drug Enforcement Administration 8701 Morrissette Drive Springfield , VA 22152 Phone: 202 307-7297 E-Mail: dea.diversion.policy@usdoj.gov

Department of Justice (DOJ) Drug Enforcement Administration ( DEA ) RIN: 1117-AB14

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Title: Record Requirements for Chemical Distributors Abstract: In March 2006, Congress enacted the Combat Methamphetamine Epidemic Act of 2005, which mandates that regulated sellers of scheduled listed chemical products self-certify with DEA before they are allowed to sell these products at retail. DEA is revising its recordkeeping requirements to include a requirement that manufacturers, distributors, and importers obtain and maintain the certification number issued by DEA to regulated sellers in their records of sales. This change will ensurethat registrants verify that the regulated sellers to whom they distribute have successfully completed the mandatory selfcertification process imposed by the CMEA for sales of scheduled listed chemical products.

Priority: Other Significant Agenda Stage of Rulemaking: Long-term 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; 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
Final Action 12/00/2011

Additional Information: Docket No. DEA-302

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: Mark W. Caverly Chief, Liaison and Policy Section Department of Justice Drug Enforcement Administration 8701 Morrissette Drive Springfield , VA 22152 Phone: 202 307-7297 E-Mail: dea.diversion.policy@usdoj.gov

Department of Justice (DOJ) Drug Enforcement Administration ( DEA ) RIN: 1117-AB18

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Title: Disposal of Controlled Substances by Persons Not Registered With the Drug Enforcement Administration Abstract: In response to concerns raised by individuals, public and private organizations, the healthcare industry, and the law enforcement community, the Drug Enforcement Administration is soliciting information on the disposal of controlled substances dispensed to individual patients, also defined as ultimate users, as well as long-term care facilities.

Priority: Other Significant Agenda Stage of Rulemaking: Long-term Action Major: No Unfunded Mandates: No CFR Citation: 21 CFR 1300; 21 CFR 1301; 21 CFR 1304; 21 CFR 1305; 21 CFR 1307; ... (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
NPRM 00/00/0000
ANPRM 01/21/2009 74 FR 3480 ANPRM Comment Period End 03/23/2009

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: Mark W. Caverly Chief, Liaison and Policy Section Department of Justice Drug Enforcement Administration 8701 Morrissette Drive Springfield , VA 22152 Phone: 202 307-7297E-Mail: dea.diversion.policy@usdoj.gov

Department of Justice (DOJ) Drug Enforcement Administration ( DEA ) RIN: 1117-AB20

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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. DEA is hereby issuing an interim rule to amend its regulations to implement the legislation and is requesting comments on the interim rule.

Priority: Other Significant Agenda Stage of Rulemaking: Long-term Action 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: PL 110-425; 21 USC 802; 21 USC 823; 21 USC 827; 21 USC 829; 21 USC 831; ... Legal Deadline: Regulatory authority of the Attorney General has been delegated to the Administrator of DEA. It is evident from the foregoing provision of the Act 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 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 01/00/2012

Additional Information: Please reference "Docket No. DEA-322" on all written and electronic correspondence. Written comments being sent via regular or express mail should be sent to the Drug Enforcement Administration, Attention: DEA Federal Register Representative/ODL, 8701 Morrissette Drive, Springfield, VA 22152. Comments may be sent to DEA by sending an electronic message to dea.diversion.policy@usdoj.gov.

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: Mark W. Caverly Chief, Liaison and Policy Section Department of Justice Drug Enforcement Administration 8701 Morrissette Drive Springfield , VA 22152 Phone: 202 307-7297 E-Mail: dea.diversion.policy@usdoj.gov

Department of Justice (DOJ) Drug Enforcement Administration ( DEA ) RIN: 1117-AA64

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Title: Chemical Mixtures Containing Gamma-Butyrolactone Abstract: In previous rulemakings, DEA made gamma-butyrolactone (GBL) a List I chemical and established thresholds for transactions involving this chemical. This rule establishes a concentration limit for chemical mixtures containing GBL. Currently, all chemical mixtures containing GBL are exempt from regulation. These mixtures will remain exempt until publication of a finalrule. GBL is used in the illicit manufacture of gamma-hydroxybutyric acid (GHB), a Schedule I controlled substance.

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 830; 21 USC 871(b) Legal Deadline: None

Timetable:
Action Date FR Cite
ANPRM 07/19/2002 67 FR 47493 Correction 08/19/2002 67 FR 53842 Correction 09/05/2002 67 FR 56776 ANPRM Comment Period End 09/17/2002
NPRM 11/12/2008 73 FR 66815 NPRM Comment Period End 01/12/2009
Final Action 06/29/2010 75 FR 37301 Final Action Effective 07/29/2010

Additional Information: DEA-222

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 Agency Contact: Mark W. Caverly Chief, Liaison and Policy Section Department of Justice Drug Enforcement Administration 8701 Morrissette Drive Springfield , VA 22152 Phone: 202 307-7297 E-Mail: dea.diversion.policy@usdoj.gov

Department of Justice (DOJ) Drug Enforcement Administration ( DEA ) RIN: 1117-AB10

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Title: Removal of Thresholds for the List I Chemicals Ephedrine, Pseudoephedrine, and Phenylpropanolamine Abstract: This rule removes domestic, import, and export thresholds for the List I chemicals ephedrine, pseudoephedrine, and phenylpropanolamine. This action is being taken both to implement the quota provisions of the Combat Methamphetamine Epidemic Act of 2005 and due to the potential for diversion of these List I 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
NPRM 11/20/2007 72 65248 NPRM Comment Period End 01/22/2008
Final Action 07/07/2010 75 FR 38915 Final Action Effective 08/06/2010

Additional Information: Docket DEA-296

Regulatory Flexibility Analysis Required: No Government Levels Affected: NoSmall Entities Affected: No Federalism: No Energy Affected: No Public Comment URL: www.regulations.gov Related RINs: Related to 1117-AB08 Agency Contact: Mark W. Caverly Chief, Liaison and Policy Section Department of Justice Drug Enforcement Administration 8701 Morrissette Drive Springfield , VA 22152 Phone: 202 307-7297 E-Mail: dea.diversion.policy@usdoj.gov

Department of Justice (DOJ) Drug Enforcement Administration ( DEA ) RIN: 1117-AB16

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Title: Control of Immediate Precursor Used in the Illicit Manufacture of Fentanyl as a Schedule II Controlled Substance Abstract: The Drug Enforcement Administration is designating the precursor chemical, 4-anilino-N-phenethyl-4-piperidine (ANPP) as an immediate precursor for the Schedule II controlled substance, fentanyl. Further, DEA is controlling ANPP as a Schedule II controlled substance under the Controlled Substances Act. ANPP is the immediate chemical intermediary in the synthesis process currently used by clandestine laboratory operators for the illicit manufacture of the Schedule II controlled substance fentanyl.

Priority: Other Significant 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 04/09/2008 73 FR 19175 NPRM Comment Period End 06/09/2008
Final Action 06/29/2010 75 FR 37295 Final Action Effective 08/30/2010

Additional Information: Docket No. DEA-305

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Federalism: No Energy Affected: No RIN Information URL: www.regulations.gov Public Comment URL: www.deadiversion.usdoj.gov Agency Contact: Christine A. Sannerud Ph.D. Chief, Drug and Chemical Evaluation Section, Office of Diversion Control Department of Justice Drug Enforcement Administration 8701 Morrissette Drive Washington , DC 20537 Phone: 202 307-7183

Department of Justice (DOJ) Drug Enforcement Administration ( DEA ) RIN: 1117-AB26

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Title: Correction of Code of Federal Regulations: Removal of Temporary Listing of Benzylfentanyl and Thenylfentanyl asControlled Substances Abstract: This rulemaking corrects 21 CFR 1308.11 by removing 21 CFR 1308.11(g)(1)and (g)(2) which list the substances benzylfentanyl and thenylfentanyl as being temporarily subject to schedule I controls under the emergency scheduling provisions of the Controlled Substances Act. The temporary scheduling of benzylfentanyl and thenylfentanyl expired on November 29,1986. DEA determined that these compounds were both essentially inactive, with no evidence of abuse potential. As such, these compounds are no longer schedule I controlled substances and all references to these compounds are being deleted from 21 CFR 1308.11.

Priority: Info./Admin./Other 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 Final Action Effective 06/29/2010
Final Action 06/29/2010 75 FR 37300

Additional Information: Docket number DEA-313

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: Mark W. Caverly Chief, Liaison and Policy Section Department of Justice Drug Enforcement Administration 8701 Morrissette Drive Springfield , VA 22152 Phone: 202 307-7297 E-Mail: dea.diversion.policy@usdoj.gov

Department of Justice (DOJ) Drug Enforcement Administration ( DEA ) RIN: 1117-AB29

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Title: Additions to Listing of Exempt Chemical Mixtures Abstract: Under this Direct Final Rule, the Drug Enforcement Administration (DEA) is updating the Table of Exempt Chemical Mixtures found in section 1310.13 of title 21 of the Code of Federal Regulations (CFR). This action is in response to DEA’s review of new applications for exemption. Having reviewed applications and relevant information, DEA finds that these 21 preparations meet the applicable exemption criteria. Therefore, these products are exempted from the application of certain provisions of the Controlled Substances Act (CSA) pursuant to 21 CFR part 1310. Pursuant to provisions of 21 CFR section 1310.13 the manufacturers of 21 chemical mixtures listed in the rule have applied for exemption pursuant to 21 CFR section 1310.13. DEA has reviewed the applications received, as well as any additional information that may have been requested. It has been determined that (1) each of these chemical mixtures is formulated in such a way that they cannot be easily used in the illicit production of a controlled substance; and (2) the listed chemical(s) contained in these chemical mixtures cannot be readily recovered. Therefore, each of these manufacturers has received a DEA letter granting exempted status on the date shown in the table in this regulation. This regulatory action merely conforms DEA regulations to the exemptions previously issued.

Priority: Substantive, Nonsignificant 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 811 Legal Deadline: None

Timetable:
Action Date FR Cite
Direct Final Rule 09/02/2010 75 FR 53876Comment Period End 10/04/2010 Direct Final Rule Effective 11/01/2010

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Energy Affected: No Agency Contact: Mark W. Caverly Chief, Liaison and Policy Section Department of Justice Drug Enforcement Administration 8701 Morrissette Drive Springfield , VA 22152 Phone: 202 307-7297 E-Mail: dea.diversion.policy@usdoj.gov

Department of Justice (DOJ) Bureau of Prisons ( BOP ) RIN: 1120-AA85

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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: Proposed 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
NPRM 12/00/2010
Final Action 03/00/2011

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-AB34

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Title: Administrative Remedy Program--Subpart Revision Abstract: In this document, the Bureau of Prisons (Bureau) revises current regulations on the Administrative RemedyProgram 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 03/00/2011

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-AB53

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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

Timetable:
Action Date FR Cite
NPRM 03/00/2011

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 NWWashington , 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

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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 12/00/2010 NPRM Comment Period End 02/00/2011

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-AB56

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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 12/00/2010

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

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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 12/00/2010

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.govDepartment of Justice (DOJ) Bureau of Prisons ( BOP ) RIN: 1120-AA62

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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
Interim Final Rule 12/00/2010
Final Action 05/00/2011

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

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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 12/00/2010Regulatory 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-AA98

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Title: Correspondence: Inspection of Outgoing General Correspondence Abstract: This document amends the Bureau's regulations on correspondence to require that outgoing inmate general correspondence at all institutions may not be sealed and may be read and inspected by staff. This amendment is intended to provide for the continued efficient and secure operation of the institution and to protect the public. The requirement does not apply to special mail.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule Major: No Unfunded Mandates: No CFR Citation: 28 CFR 540.14 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 5 USC 551; 5 USC 552a; 18 USC 1791; 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
NPRM 07/27/1999 64 FR 40718 NPRM Comment Period End 09/27/1999
Final Action 12/00/2010

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

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Title: District of Columbia Educational Good Time Credit Abstract: This rule 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 RuleMajor: 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; 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 02/00/2011

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

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Title: Reduction in Sentence for Medical Reasons Abstract: The Bureau of Prisons (Bureau) is revising 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 inmate and public confusion regarding 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 02/00/2011

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 20534Phone: 202 307-2105 FAX: 202 305-4577 E-Mail: squreshi@bop.gov

Department of Justice (DOJ) Bureau of Prisons ( BOP ) RIN: 1120-AB14

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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 policystatement 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 05/00/2011

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-AB18

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Title: Inmate Discipline--Subpart Revision Abstract: In this document, the Bureau of Prisons (Bureau) proposes to amend its Inmate Discipline and Special Housing Unit (SHU) regulations. We intend this amendment to streamline and clarify these regulations, eliminating unnecessary text and obsolete language and removing internal agency procedures (guidance to staff on how to implement disciplinary processes) that need not be in rules text. The changes involve extensive reorganization and updates to obsolete and unnecessary disciplinary codes and processes.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule Major: No Unfunded Mandates: No CFR Citation: 28 CFR 541 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 5 USC 301; 18 USC 3621 and 3622, 4001, 4042, 4081 and 4082; 18 USC 4161 to 4166, 5006 to 5024,5039; 28 USC 509 and 510 Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 07/26/2005 70 FR 43093 NPRM Comment Period End 09/26/2005
Final Action 06/00/2011

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-AB20

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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: Final Rule 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 876b; 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 12/00/2010

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 NWWashington , 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

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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:
Action Date FR Cite
NPRM 06/16/2008 73 FR 33957 NPRM Comment Period End 08/15/2008
Final Action 12/00/2010

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

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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, this proposed rule 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 12/00/2010

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-AB42

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Title: Smoking/No Smoking Areas Abstract: In this document, the Bureau of Prisons (Bureau) proposes to revise regulations pertaining to smoking/no smoking for inmates in Bureau facilities. The revised regulations indicate that smoking is generally prohibited in and on the grounds of Bureau institutions and offices, with the following two exceptions: Smoking is permitted as part of an authorized inmate religious activity; and, for all persons who wish to enter, or are present inside, Bureau facilities, other than inmates in Bureau custody, smoking is permitted only in smoking areas designated by the Warden. This rule also clarifies that possession of smoking apparatus and tobacco in any form is prohibited for inmates, unless as part of an authorized inmate religious activity. Smoking is defined as inhaling the smoke of any substance through the use of smoking apparatus including, but not limited to, cigars, cigarettes, or pipes. We intend this amendment to promote a clean air environment and to protect the health and safety of staff and inmates.

Priority: Other Significant Agenda Stage of Rulemaking: Final 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 1512, 3621, 3622, 3624, 4001, 4005, 4042, 4081, and 4082 (Repealed in part as to offenses committed on or after November 1, 1987); 18 USC 4161 to 4166 (Repealed as to offenses committed on or after November 1, 1987); 28 USC 509 and 510; PL 99-500, sec 209 Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 05/12/2006 71 FR 27652 NPRM Comment Period End 07/11/2006
Final Action 01/00/2011

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 PrisonsHOLC 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-AB44

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Title: Inmate Furloughs Abstract: In this document, the Bureau of Prisons (Bureau) proposes to revise its Federal regulations on the inmate furlough program primarily to more clearly provide for and define transfer furloughs.

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 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 conduct occurring after that date) Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 12/06/2006 71 FR 70696 NPRM Comment Period End 02/05/2007
Final Action 02/00/2011

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal 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-AB46

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Title: Use of Non-Lethal Force: Delegation Abstract: In this document, the Bureau of Prisons (Bureau) proposes to amend its regulation on the use of chemical agents and non-lethal force to clarify that the authority of the Warden to authorize the use of chemical agents or non-lethal weapons may not be delegated below the position of Lieutenant.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule Major: No Unfunded Mandates: No 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); 18 USC 5006 to 5024 (Repealed October 12, 1984, as to offenses committed after that date); 18 USC 5039; 21 USC 848; 28 USC 509 and 510; title V, PL 91-452, 84 Stat 933 (18 USC ch 223) Legal Deadline: NoneTimetable:
Action Date FR Cite
NPRM 06/25/2008 73 FR 35984 NPRM Comment Period End 08/25/2008
Final Action 04/00/2011

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-AB47

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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 08/00/2011

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-AB48

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Title: Communication Management Units Abstract: In this document, the Bureau of Prisons (Bureau) proposes a new regulation that 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, 552a; 18 USC ch 113b and 115, 1791, 3621, 3622, 3624 Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 04/06/2010 75 FR 17324 NPRM Comment Period End 06/07/2010 75 FR 17324
Final Action 10/00/2011

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

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Title: Inmate Communication With News Media: Removal of Byline Regulations Abstract: In this interim rule, 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, 552a; 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 25110Interim Final Rule Comment Period End 06/22/2010
Final Action 07/00/2011

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-AB50

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Title: Religious Beliefs and Practices: Chapel Library Materials Abstract: The Bureau of Prisons (Bureau) amends its regulations on religious beliefs and practices to add a new regulation regarding chapel library materials. This change is necessary to notify inmates regarding materials that are accessible in chapel libraries and reasons that materials may be excluded.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule Major: No Unfunded Mandates: No CFR Citation: 28 CFR 548 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 5 USC 301; 28 USC 509 and 510; 31 USC 3711(f); 5 CFR 297; 18 USC 4001, 4042, 4942, 4081, and 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 Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 01/16/2009 74 FR 2913 NPRM Comment Period End 03/17/2009
Final Action 10/00/2011

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

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Title: Pre-Release Community ConfinementAbstract: 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 06/00/2011

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-AB52

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Title: Inmate Work and Performance Pay Program: Subpart Revision Abstract: In this document, the Bureau of Prisons (Bureau) proposes to streamline 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
NPRM 03/03/2010 75 FR 9544 NPRM Comment Period End 05/03/2010
Final Action 12/00/2010Regulatory 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

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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 09/00/2011

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-AB54

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Title: Commutation of Sentence: Technical Change Abstract: This document makes a minor technical change to the Bureau of Prisons (Bureau) regulations on sentencecommutation 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: Long-term Action 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

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Title: Inmate Access to Inmate Central File: PSRs and SORs Abstract: The Bureau of Prisons (Bureau) proposes to amend 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: Long-term Action 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; 13 USC; 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 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 JusticeBureau 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

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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: Long-term Action Major: No Unfunded Mandates: No CFR Citation: 28 CFR part 543 (To search for a specific CFR, visit the Code of Federal Regulations ) 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
NPRM 00/00/0000

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-AA39

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Title: Telephone Regulations and Inmate Financial Responsibility Abstract: The Bureau of Prisons (Bureau) is withdrawing certain provisions in its rules on telephone regulations and on the inmate financial responsibility program (IFRP), which were published in the Federal Register on April 4, 1994 (59 FR 15812). In the April 4, 1994, revision of its rules on telephone regulations and on the IFRP, the Bureau delayed the effective date for provisions in sections 540.105(c) and 545.11(d)(10), which imposed limitations on the telephone privileges of inmates refusing to participate in the IFRP. These provisions were to become effective January 3, 1995. Due to ongoing litigation in Washington v. Reno, the effective date for these provisions was further delayed until January 4, 1996 (60 FR 240). In accordance with the Court-approved settlement in Washington v. Reno, through this rule, the Bureau withdrew these provisions and the reference to the IFRP telephone restrictions in 28 CFR section 540.100(a) and published at 61 FR 92 a new proposed rule to impose a different restriction on the telephone privileges of inmates who refuse to participate in the IFRP. This rule was finalized on December 28, 1999 (64 FR 72798, see RIN 1120-AA49). On July 1, 2005, we merged the two rules described above (1120- AA49 and this rule). The Bureau is currently developing a rule finalizing the interim rules.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Completed ActionMajor: 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 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 Legal Deadline: None

Timetable:
Action Date FR Cite
Interim Final Rule 01/02/1996 61 FR 90 Interim Final Rule Comment Period End 03/04/1996
Final Action 12/28/1999 64 FR 72798

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-AB35

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Title: Limited Communication for Terrorist Inmates Abstract: In this document, the Bureau of Prisons (Bureau) proposes a new rule that allows for limiting the communication opportunities of inmates charged with, convicted of, or detained in relation to an offense under title 18 U.S.C. chapters 113B or115, or are charged with having engaged in, have engaged in, are detained in relation to, or are linked in any way to terroristrelated activity as part of their current or previous offense conduct or conduct while incarcerated. The rule allows for limiting individual inmate's communications when the Warden of the facility, in consultation with the Regional Director and approved by the Assistant Director, Correctional Programs Division, deems it necessary to ensure the safety, security, and good order of the institution; protection of the public; or national security.

Priority: Other Significant Agenda Stage of Rulemaking: Completed Action Major: No Unfunded Mandates: No CFR Citation: 28 CFR 540 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 5 USC 301, 551, 552a; 18 USC chs 113b and 115, 1791, 3621, 3622, 3624, 4001, 4042, 4081; 18 USC 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); 18 USC 5039; 28 USC 509, 510, 530C(b)(6) Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 04/03/2006 71 FR 16520 NPRM Comment Period End 06/02/2006
Withdrawn 04/06/2010 75 FR 17324

Additional Information: See also RIN 1120-AB08, National Security: Prevention of Acts of Violence and Terrorism.

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 JusticeBureau 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) Office of Justice Programs ( OJP ) RIN: 1121-AA68

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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 03/00/2011 NPRM Comment Period End 05/00/2011

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

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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 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 12/00/2010 NPRM Comment Period End 02/00/2011

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-AA71

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Title: Aimee's Law Abstract: The Office of Justice Programs (OJP) is implementing Aimee's Law (Pub. L. No. 106-386, sec. 2001), which enables States to recover the costs of apprehending, convicting, and incarcerating individuals who commit certain heinous crimes, where those individuals previously were incarcerated for identical crimes in other States but granted early release. After consultation with relevant agencies and stakeholders, OJP will promulgate regulations that will assist in the effective implementation of the law, particularly relating to administration and data-collection.

Priority: Substantive, Nonsignificant 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 13713 Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 02/00/2011 NPRM Comment Period End 04/00/2011

Regulatory Flexibility Analysis Required: No Government Levels Affected: State Small Entities Affected: No Federalism: No Energy Affected: No Agency Contact: Peter Brien Attorney-Advisor Department of Justice Office of Justice Programs Room 5400 810 7th Street NWWashington , DC 20531 Phone: 202 305-0643 FAX: 202 307-1419 E-Mail: peter.brien@usdoj.gov

Department of Justice (DOJ) Office of Justice Programs ( OJP ) RIN: 1121-AA48

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Title: Bulletproof Vest Partnership Grant Acts of 1998 and 2000 Abstract: The Bureau of Justice Assistance (BJA) is publishing final regulations implementing the Bulletproof Vest Partnership Grant Acts of 1998 and 2000, which authorize BJA funds to eligible States, units of local government, and Indian tribes to purchase armored vests for use by law enforcement officers. This final rule reflects the revised process by which eligible jurisdictions may register, apply, and request funding under BJA's Internet-Based Bulletproof Vest Partnership Grant Program. On September 23, 1998, BJA published an interim final rule, with a request for comments (63 FR 50759). The interim final rule established the process by which BJA would implement the Bulletproof Vest Partnership Grant Act of 1998. BJA did not receive any comments in response to the interim final rule. Nevertheless, BJA initiated numerous outreach efforts, in the form of focus groups and beta testing, to ensure that all affected parties had ample opportunity to review and participate in the program's design and development.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule Major: No Unfunded Mandates: No CFR Citation: 28 CFR 33 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 42 USC 3796ll Legal Deadline:
Action Source Description Date

NPRM Statutory 09/14/1998

Timetable:
Action Date FR Cite Interim Final Rule Effective 09/23/1998
Interim Final Rule 09/23/1998 63 FR 50759 Interim Final Rule Comment Period End 11/23/1998 Second Interim Final Rule 02/00/2011

Regulatory Flexibility Analysis Required: No Government Levels Affected: Local; State; Tribal Federalism: No Agency Contact: Linda Hammond-Decker Program Manager Department of Justice Office of Justice Programs 810 7th Street NW Washington , DC 20053 Phone: 202 514-6015

Department of Justice (DOJ) Office of Justice Programs ( OJP ) RIN: 1121-AA52

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Title: Environmental Impact Review Procedures for the VOI/TIS Grant Program Abstract: The Office of Justice Programs is issuing this final rule to set forth the procedures that it and the States that are awarded Federal funds under the Violent Offender Incarceration/Truth-in-Sentencing Grants Program must follow in order to comply with the environmental impact review procedures mandated by the National Environmental Policy Act, the Council on Environmental Quality's implementing regulations, and other related Federal environmental impact review requirements.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule Major: No Unfunded Mandates: NoCFR Citation: 28 CFR 91 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 42 USC 13701 et seq, as amended by PL 104-134; 42 USC 4321 et seq; 40 CFR 1500 to 1508 Legal Deadline: None

Timetable:
Action Date FR Cite Interim Final Rule Effective 08/08/2000
Interim Final Rule 08/08/2000 65 FR 48592 Interim Final Rule Comment Period End 10/10/2000
Final Action 04/00/2011

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal; Local; State; Tribal Federalism: 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) Office of Justice Programs ( OJP ) RIN: 1121-AA59

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Title: Criminal Intelligence Systems Operating Policies Abstract: The purpose of this regulation is to assure that all criminal intelligence systems operating through support under the Omnibus Crime Control and Safe Streets Act of 1968 are used as authorized by law. This revision of 28 CFR part 23 updates the regulation for modern technological advances and extends the use of criminal intelligence systems for public safety purposes.

Priority: Other Significant Agenda Stage of Rulemaking: Long-term Action Major: No Unfunded Mandates: No CFR Citation: 28 CFR 23 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 42 USC 3711 Legal Deadline: None

Timetable:
Action Date FR Cite
Final Action 00/00/0000
NPRM 07/31/2008 73 FR 44673 NPRM Comment Period End 09/02/2008

Regulatory Flexibility Analysis Required: No Government Levels Affected: State Small Entities Affected: No Federalism: No Agency Contact: George Pruden II Senior Counsel, Office of the General Counsel Department of Justice Office of Justice Programs 810 Seventh Street NW Washington , DC 20531-0001 Phone: 202 616-3627 FAX: 202 307-1419 E-Mail: george.e.pruden@usdoj.govDepartment of Justice (DOJ) Office of Justice Programs ( OJP ) RIN: 1121-AA76

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Title: Certification Process for State Capital Counsel Systems; Removal of Final Rule Abstract: Pursuant to the USA PATRIOT Improvement and Reauthorization Act of 2005, the Department of Justice promulgated a final rule to implement certification procedures for states seeking to qualify for the special Federal habeas corpus review procedures in capital cases afforded under chapter 154 of title 28 of the United States Code. See Certification Process for State Capital Counsel Systems, 73 FR 75327 (Dec. 11, 2008). A federal district court issued an injunction requiring the Department to provide an additional public comment period and publish a response to any comments received during that period. The Department then solicited further public comments. By this proposed rule, the Department is proposing to remove the December 11, 2008, regulations. The Department will issue new regulations on this subject by separate rulemaking after the December 2008 regulations are removed.

Priority: Other Significant Agenda Stage of Rulemaking: Completed Action 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 Notice of Request for Public Comment 02/05/2009 74 FR 6131 Notice of Request for Public Comment - Comment Period End 04/06/2009
NPRM 05/25/2010 75 FR 29217 NPRM Comment Period End 06/24/2010
Final Action 11/23/2010 75 FR 71353 Final Action Effective 12/23/2010

Regulatory Flexibility Analysis Required: No Government Levels Affected: State Small Entities Affected: No Federalism: No Energy Affected: No Agency Contact: Lisa Ellman Senior Counsel Department of Justice Office of Justice Programs 950 Pennsylvania Avenue, NW Washington , DC 20530 Phone: 202 514-4601

Department of Justice (DOJ) Executive Office for Immigration Review ( EOIR ) RIN: 1125-AA18

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Title: Authority of Immigration Judges To Issue Civil Money Penalties Abstract: This rule amends the Department'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. The rule also adds an additional ground for disciplinary sanctions under 8 CFR section 1003.102 for engaging in a pattern or practice of conduct which has been found to be in contempt of the immigration judge's proper exercise of authority.

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 1324b; 28 USC 510; 28 USC 1746; Reorg Plan No 2 of 1950, sec 2Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 06/00/2011 NPRM Comment Period End 09/00/2011

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Federalism: No Agency Contact: Robin M. Stutman General Counsel Department of Justice Executive Office for Immigration Review Suite 2600 5107 Leesburg Pike Falls Church , VA 22041 Phone: 703 305-0470 E-Mail: eoir.regs@usdoj.gov

Department of Justice (DOJ) Executive Office for Immigration Review ( EOIR ) RIN: 1125-AA35

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Title: Suspension of Deportation and Cancellation of Removal for Certain Battered Spouses and Children; Motions To Reopen for Certain Battered Spouses and Children Abstract: This rule amends Department regulations by establishing procedures for cancellation of removal for battered spouses and children under 240A(b)(2) of the Immigration and Nationality Act (Act), and suspension of deportation under former section 244(a)(3) of the Act (as it existed before April 1, 1997), which were amended by section 1504 of the Battered Immigrant Women Protection Act of 2000. This rule also amends Department regulations by establishing procedures for certain battered spouses and children to reopen their removal or deportation proceedings to apply for the relief of cancellation of removal or suspension of deportation under 240(c)(6)(C)(iv) of the Act (as amended by section 1506 of the Battered Immigrant Women Protection Act of 2000). Additionally, this rule establishes procedures which must be followed by EOIR when an alien applies for a domestic violence victim waiver under section 237(a)(7) of the Act (as amended by section 1505(b) of the Battered Immigrant Women Protection Act of 2000).

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule Major: No Unfunded Mandates: No CFR Citation: 8 CFR 1003; 8 CFR 1240 (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 1182; 8 USC 1186a; 8 USC 1224 to 1227; 8 USC 1251; 8 USC 1252 note; 8 USC 1251a; 8 USC 1252b; 8 USC 1324b; 8 USC 1362; 28 USC 509 to 510; 28 USC 1746; Reorg Plan No 2 of 1950; 3 CFR 1949 to 1953 Comp, sec 2; PL 105-100, sec 202-203; PL 105-277, sec 902; PL 106-386, sec 1506; PL 106-554, sec 1505; PL 106-554, sec 1510; 8 CFR 2; 8 CFR 3; 8 CFR 240 Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 06/00/2011

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Federalism: No Agency Contact: Robin M. Stutman General Counsel Department of Justice Executive Office for Immigration Review Suite 2600 5107 Leesburg Pike Falls Church , VA 22041 Phone: 703 305-0470 E-Mail: eoir.regs@usdoj.govDepartment of Justice (DOJ) Executive Office for Immigration Review ( EOIR ) RIN: 1125-AA45

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Title: International Marriage Brokers Abstract: This rule amends 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, 1324a, 1324b, 1324c, 1375a; PL 109-162, sec 831 et seq; 5 USC 301, 554 Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 05/00/2011 NPRM Comment Period End 07/00/2011

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 Department of Justice Executive Office for Immigration Review Suite 2600 5107 Leesburg Pike Falls Church , VA 22041 Phone: 703 305-0470 E-Mail: eoir.regs@usdoj.gov

Department of Justice (DOJ) Executive Office for Immigration Review ( EOIR ) RIN: 1125-AA49

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Title: Reopened Proceedings on Petitions for Alien Entrepreneur Immigrant Classification (EB-5 Visas) Abstract: This rule amends 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: NoneTimetable:
Action Date FR Cite
NPRM 06/00/2011 NPRM Comment Period End 08/00/2011

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 Department of Justice Executive Office for Immigration Review Suite 2600 5107 Leesburg Pike Falls Church , VA 22041 Phone: 703 305-0470 E-Mail: eoir.regs@usdoj.gov

Department of Justice (DOJ) Executive Office for Immigration Review ( EOIR ) RIN: 1125-AA53

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Title: Executive Office for Immigration Review; Rules Governing Immigration Proceedings Abstract: This rule revises the procedures before immigration judges and the Board of Immigration Appeals of the Executive Office for Immigration Review (EOIR) to clarify and improve the administrative adjudication of immigration proceedings. The rule is intended to improve fairness to aliens and to the Government, represented by the Department of Homeland Security, in removal, exclusion, deportation, asylum-only, and other proceedings; reduce delays in the adjudicative process; enable EOIR to better manage its caseload; reduce the existing backlog of cases; and provide for better focus on cases presenting significant issues of law and fact for resolution.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule Major: No Unfunded Mandates: No CFR Citation: 8 CFR 1003; 8 CFR 1161; 8 CFR 1171 (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 1229; 8 USC 1229a; 8 USC 1231; 8 USC 1231, note; 8 USC 1245; 8 USC 1324b; 8 USC 1362; 28 USC 509 to 519; 28 USC 1746; sec 2 Reorg Plan No 2 of 1950, 3 CFR 1949 to 1953 Comp, p 1002; PL 105-100, sec 203; PL 106-386, sec 1506; PL 106-386, sec 1510; PL 106-554, sec 1505; PL 106-554, sec 1510 Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 04/00/2011 NPRM Comment Period End 06/00/2011

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Federalism: No Energy Affected: No Agency Contact: Robin M. Stutman General Counsel Department of Justice Executive Office for Immigration Review Suite 2600 5107 Leesburg Pike Falls Church , VA 22041 Phone: 703 305-0470 E-Mail: eoir.regs@usdoj.govDepartment of Justice (DOJ) Executive Office for Immigration Review ( EOIR ) RIN: 1125-AA62

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Title: Enhancements and Clarifications to the List of Free Legal Services Providers for Aliens Appearing Before the Immigration Courts 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). In addition, the rule transfers responsibility for maintaining the List from the Chief Immigration Judge to the Board of Immigration Appeals.

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) Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 12/00/2010 NPRM Comment Period End 02/00/2011

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Federalism: No Energy Affected: No Agency Contact: Robin M. Stutman General Counsel Department of Justice Executive Office for Immigration Review Suite 2600 5107 Leesburg Pike Falls Church , VA 22041 Phone: 703 305-0470 E-Mail: eoir.regs@usdoj.gov

Department of Justice (DOJ) Executive Office for Immigration Review ( EOIR ) RIN: 1125-AA63

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Title: New Asylum and Withholding Bars for Recruitment or Use of Child Soldiers Abstract: The Attorney General and the Secretary of Homeland Security are amending 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 the 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 01/00/2011NPRM Comment Period End 03/00/2011

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Federalism: No Energy Affected: No Agency Contact: Robin M. Stutman General Counsel Department of Justice Executive Office for Immigration Review Suite 2600 5107 Leesburg Pike Falls Church , VA 22041 Phone: 703 305-0470 E-Mail: eoir.regs@usdoj.gov

Department of Justice (DOJ) Executive Office for Immigration Review ( EOIR ) RIN: 1125-AA65

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Title: Forwarding of Asylum Applications to the Department of State Abstract: The Department of Justice is amending its regulations to alter the process by which the Executive Office for Immigration Review (EOIR) forwards asylum applications to the Department of State (DOS). Currently, EOIR forwards to DOS all Form I-589, Applications for Asylum and for Withholding of Removal (asylum applications) filed with EOIR Immigration Courts. The interim final rule will amend the regulations to permit EOIR to send asylum applications in its discretion to DOS where EOIR believes that DOS may have relevant country conditions information that may assist with the adjudication of the asylum application. This change will increase the efficiency of DOS' review of asylum applications and is consistent with similar changes 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 1103; 8 USC 1158; 8 USC 1225; 8 USC 1231; 8 USC 1282 Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 06/00/2011

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 Department of Justice Executive Office for Immigration Review Suite 2600 5107 Leesburg Pike Falls Church , VA 22041 Phone: 703 305-0470 E-Mail: eoir.regs@usdoj.gov

Department of Justice (DOJ) Executive Office for Immigration Review ( EOIR ) RIN: 1125-AA68

View Related DocumentsTitle: 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 excusing the failure to file an asylum application within 1 year after the date of arrival in the United States.

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: Not Yet Determined Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 12/00/2010 NPRM Comment Period End 02/00/2011

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Federalism: No Energy Affected: No Agency Contact: Robin M. Stutman General Counsel Department of Justice Executive Office for Immigration Review Suite 2600 5107 Leesburg Pike Falls Church , VA 22041 Phone: 703 305-0470 E-Mail: eoir.regs@usdoj.gov

Department of Justice (DOJ) Executive Office for Immigration Review ( EOIR ) RIN: 1125-AA25

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Title: Suspension of Deportation and Cancellation of Removal Abstract: This rule amends the regulations of the Executive Office for Immigration Review by eliminating the conditional grant process at 8 CFR 1240.21 and establishing a permanent procedure for processing suspension of deportation and cancellation of removal cases. This rule is necessary to implement the numerical limitation on suspension of deportation and cancellation of removal and adjustment of status imposed by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA) and the Nicaraguan Adjustment and Central American Relief Act of 1997 (NACARA).

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule Major: No Unfunded Mandates: No CFR Citation: 8 CFR 1240 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 8 USC 1103; 8 USC 1182; 8 USC 1186a; 8 USC 1224 to 1227; 8 USC 1251 to 1252; 8 USC 1362; PL 105-100, sec 202 Legal Deadline: None

Timetable:
Action Date FR Cite
Interim Final Rule 09/30/1998 63 FR 52134 Interim Final Rule Comment Period End 11/30/1998
Final Action 07/00/2011

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: NoAgency Contact: Robin M. Stutman General Counsel Department of Justice Executive Office for Immigration Review Suite 2600 5107 Leesburg Pike Falls Church , VA 22041 Phone: 703 305-0470 E-Mail: eoir.regs@usdoj.gov

Department of Justice (DOJ) Executive Office for Immigration Review ( EOIR ) RIN: 1125-AA31

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Title: Motions To Reopen for Suspension of Deportation and Special Rule Cancellation of Removal Pursuant to Section 1505(c) of the LIFE Act Amendments Abstract: This rule amends the regulations of the Executive Office for Immigration Review (EOIR) by establishing a special procedure for the filing and adjudication of motions to reopen to apply for suspension of deportation and cancellation of removal pursuant to section 1505(c) of the Legal Immigration Family Equity Act Amendments of 2000 (LIFE Act Amendments). Motions to reopen under this rule must have been filed on or before October 16, 2001. EOIR will be publishing a final rule to respond to comments and complete this rulemaking.

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 1103, 1252 note, 1252b, 1324b, 1362; 28 USC 509 and 510; 28 USC 1746; sec 203 of PL 105-100; secs 1506 and 1510 of PL 106-386; sec 1505 of PL 106-554 Legal Deadline: None

Timetable:
Action Date FR Cite
Interim Final Rule 07/17/2001 66 FR 37119 Interim Final Rule Comment Period End 09/17/2001
Final Action 07/00/2011

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Federalism: No Agency Contact: Robin M. Stutman General Counsel Department of Justice Executive Office for Immigration Review Suite 2600 5107 Leesburg Pike Falls Church , VA 22041 Phone: 703 305-0470 E-Mail: eoir.regs@usdoj.gov

Department of Justice (DOJ) Executive Office for Immigration Review ( EOIR ) RIN: 1125-AA38

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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: NoCFR 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, 1252b, 1324b, 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 08/00/2011

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Agency Contact: Robin M. Stutman General Counsel Department of Justice Executive Office for Immigration Review Suite 2600 5107 Leesburg Pike Falls Church , VA 22041 Phone: 703 305-0470 E-Mail: eoir.regs@usdoj.gov

Department of Justice (DOJ) Executive Office for Immigration Review ( EOIR ) RIN: 1125-AA39

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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, as he shall choose." (8 U.S.C. 1362) The rule arises out of EOIR's 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 07/00/2011

Regulatory Flexibility Analysis Required: No Government Levels Affected: NoSmall Entities Affected: No Federalism: No Agency Contact: Robin M. Stutman General Counsel Department of Justice Executive Office for Immigration Review Suite 2600 5107 Leesburg Pike Falls Church , VA 22041 Phone: 703 305-0470 E-Mail: eoir.regs@usdoj.gov

Department of Justice (DOJ) Executive Office for Immigration Review ( EOIR ) RIN: 1125-AA41

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Title: Transfer of Jurisdiction Over Appeals of Fines From the Board of Immigration Appeals to the Office of the Chief Administrative Hearing Officer Abstract: This final rule removes the Board of Immigration Appeals' (Board) jurisdiction over appeals of Department of Homeland Security (DHS) decisions involving administrative fines under part 1280 of title 8 CFR and transfers that authority to Office of the Chief Administrative Hearing Officer (OCAHO). Part 1280 governs the imposition and collection of fines under a variety of provisions of the Immigration and Nationality Act (INA), most of which pertain to common carriers. Most of the appeals are fines imposed under section 273 of the INA. The transfer is essentially a reallocation of agency resources within the Executive Office for Immigration Review to improve caseload management by substituting a different set of decision makers, the OCAHO for the Board, while preserving the same procedures for the adjudication of appeals.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule Major: No Unfunded Mandates: No CFR Citation: 8 CFR 1003; 8 CFR 1103; 8 CFR 1280 (To search for a specific CFR, visit the Code of Federal Regulations )

Legal Authority: Not Yet Determined Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 02/19/2002 67 FR 7309 NPRM Comment Period End 03/21/2002
Final Action 05/00/2011

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Related RINs: Split From 1125-AA36 Agency Contact: Robin M. Stutman General Counsel Department of Justice Executive Office for Immigration Review Suite 2600 5107 Leesburg Pike Falls Church , VA 22041 Phone: 703 305-0470 E-Mail: eoir.regs@usdoj.gov

Department of Justice (DOJ) Executive Office for Immigration Review ( EOIR ) RIN: 1125-AA43

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Title: Definitions; Fees; Powers and Authority of DHS Officers in Removal Proceedings Abstract: This rule amends regulations relating to the Executive Office for Immigration Review to conform with certain regulatory changes made by the Department of Homeland Security (DHS) for consistency and for the ease of the reader. This rule makes no substantive changes in the Department of Justice regulations, but makes appropriate revisions to the definitionsand fee provisions and the regulations relating to issuance of notices to appear and subpoenas in the EOIR regulations, in order to avoid confusing and unnecessary duplication of provisions already set forth in the DHS regulations.

Priority: Info./Admin./Other Agenda Stage of Rulemaking: Final Rule Major: No Unfunded Mandates: No CFR Citation: 8 CFR 1003; 8 CFR 1103 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 8 USC 1101, 1103, 1182, 1221, 1225, 1226, 1251, 1252, 1357, 1362, 1304, 13246, 1356; 28 USC 509, 510, 1746; 5 USC 301; ... Legal Deadline: None

Timetable:
Action Date FR Cite Interim Final Rule Effective 07/28/2004
Interim Final Rule 07/28/2004 69 FR 44903 Interim Final Rule Comment Period End 08/27/2004
Final Action 02/00/2011

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 Department of Justice Executive Office for Immigration Review Suite 2600 5107 Leesburg Pike Falls Church , VA 22041 Phone: 703 305-0470 E-Mail: eoir.regs@usdoj.gov

Department of Justice (DOJ) Executive Office for Immigration Review ( EOIR ) RIN: 1125-AA44

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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 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; 8 USC 1101 note, 1103, 1182, 1186a, 1224, 1225, 1226, 1227, 1251, 1252 note, 1252a, 1252b, 1324b, 1362; 28 USC 509, 510, 1746; sec 2, Reorg Plan No 2 of 1950; 3 CFR, 1949 to 1953 Comp, p 1002; secs 202 and 203 of PL 105-100, 111 Stat 2160, 2193, 2196-200; sec 902, PL 105-277, 112 Stat 2681; secs 1506 and 1510 of PL 106- 386, 114 Stat 1527 to 1529, 1531 to 1532; sec 1505 of PL 106-554, 114 Stat 2763A-326 to 2763A-328 Legal Deadline: None

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 03/00/2011

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: NoEnergy Affected: No Agency Contact: Robin M. Stutman General Counsel Department of Justice Executive Office for Immigration Review Suite 2600 5107 Leesburg Pike Falls Church , VA 22041 Phone: 703 305-0470 E-Mail: eoir.regs@usdoj.gov

Department of Justice (DOJ) Executive Office for Immigration Review ( EOIR ) RIN: 1125-AA51

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Title: Information Relating to Aliens' Duty To Surrender When Ordered Removed From the United States Abstract: The Department of Justice published an NPRM in 1998 and a supplemental NPRM in 2002 (RIN 1115-AE82) to establish that aliens who become subject to a final order of removal have a legal obligation to surrender for removal. This rule amends the regulations of the Department of Justice to provide that immigration judges and the Board of Immigration Appeals will inform aliens in removal proceedings that they have an affirmative obligation to surrender to Department of Homeland Security (DHS) upon the issuance of a final order of removal by an immigration judge or the Board. Aliens will be informed that the failure to surrender to DHS as required under the DHS rule will result in the denial of any forms of discretionary relief from removal while the alien remains in the United States and for a period of 10 years after the alien's departure from the United States. This rule is being published jointly with DHS.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule Major: No Unfunded Mandates: No CFR Citation: 8 CFR 1240; 8 CFR 1241 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 8 USC 1103 Legal Deadline: None

Timetable:
Action Date FR Cite NPRM (RIN 1115-AE82) 09/04/1998 63 FR 47205 NPRM Comment Period End (RIN 1115-AE82) 11/03/1998 Supplemental NPRM (RIN 1115-AE82) 05/09/2002 67 FR 31157 Supplemental NPRM Comment Period End 06/10/2002
Final Action 08/00/2011

Additional Information: This rule will finalize those portions of the rulemaking action formerly listed as RIN 1115-AE82 insofar as it relates to the regulations of the Department of Justice. The DHS rule is now RIN 1653-AA05.

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Federalism: No Agency Contact: Robin M. Stutman General Counsel Department of Justice Executive Office for Immigration Review Suite 2600 5107 Leesburg Pike Falls Church , VA 22041 Phone: 703 305-0470 E-Mail: eoir.regs@usdoj.gov

Department of Justice (DOJ) Executive Office for Immigration Review ( EOIR ) RIN: 1125-AA52

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Title: Jurisdiction and Venue in Removal ProceedingsAbstract: 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 1252b; 8 USC 1324b; 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 1229a Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 03/28/2007 72 FR 14494 NPRM Comment Period End 04/27/2007
Final Action 07/00/2011

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Federalism: No Energy Affected: No Agency Contact: Robin M. Stutman General Counsel Department of Justice Executive Office for Immigration Review Suite 2600 5107 Leesburg Pike Falls Church , VA 22041 Phone: 703 305-0470 E-Mail: eoir.regs@usdoj.gov

Department of Justice (DOJ) Executive Office for Immigration Review ( EOIR ) RIN: 1125-AA55

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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 06/00/2011Additional 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 Department of Justice Executive Office for Immigration Review Suite 2600 5107 Leesburg Pike Falls Church , VA 22041 Phone: 703 305-0470 E-Mail: eoir.regs@usdoj.gov

Department of Justice (DOJ) Executive Office for Immigration Review ( EOIR ) RIN: 1125-AA58

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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. 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, depends on the Board's internal judgment regarding its resources and 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 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 1229a; 8 USC 1229b; 8 USC 1229c; 8 USC 1231; 8 USC 1254a; 8 USC 1255; 8 USC 1324d; 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 01/00/2011

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 Department of Justice Executive Office for Immigration Review Suite 2600 5107 Leesburg Pike Falls Church , VA 22041 Phone: 703 305-0470E-Mail: eoir.regs@usdoj.gov

Department of Justice (DOJ) Executive Office for Immigration Review ( EOIR ) RIN: 1125-AA64

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Title: Reorganization of Regulations on Control of Employment of Aliens Abstract: The Homeland Security Act of 2002, as amended, transferred the functions of the former Immigration and Naturalization Service (INS) from the Department of Justice to the Department of Homeland Security (DHS); however, it retained within the Department of Justice the functions of the Executive Office for Immigration Review (EOIR), a separate agency within the Department of Justice. Because the existing regulations often intermingled the responsibilities of the former INS and EOIR, this transfer required a reorganization of title 8 of the Code of Federal Regulations (CFR) in February 2003, including the establishment of a new chapter V in 8 CFR pertaining to EOIR. As part of this reorganization, a number of regulations pertaining to the responsibilities of DHS intentionally were duplicated in the new chapter V because of shared responsibilities. The Department of Justice now has determined that most of the duplicated regulations in part 1274a pertain to functions that are DHS' responsibility and do not need to be reproduced in EOIR's regulations in chapter V. This interim rule, therefore, deletes unnecessary regulations in part 1274a and makes appropriate reference to the applicable DHS regulations.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule Major: Undetermined Unfunded Mandates: No CFR Citation: 8 CFR 1274a (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 8 USC 1101; 8 USC 1103; 8 USC 1324a Legal Deadline: None

Timetable:
Action Date FR Cite
Interim Final Rule 01/15/2009 74 FR 2337 Interim Final Rule Comment Period End 03/16/2009
Final Action 02/00/2011

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Federalism: No Energy Affected: No Agency Contact: Robin M. Stutman General Counsel Department of Justice Executive Office for Immigration Review Suite 2600 5107 Leesburg Pike Falls Church , VA 22041 Phone: 703 305-0470 E-Mail: eoir.regs@usdoj.gov

Department of Justice (DOJ) Executive Office for Immigration Review ( EOIR ) RIN: 1125-AA66

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Title: Reorganization of Regulations on the Adjudication of Department of Homeland Security Practitioner Disciplinary Cases Abstract: The Homeland Security Act of 2002, as amended, transferred the functions of the former Immigration and Naturalization Service (INS) from the Department of Justice to the Department of Homeland Security (DHS); however, it retained within the Department of Justice the functions of the Executive Office for Immigration Review (EOIR), a separate agency within the Department of Justice. Because the existing regulations often intermingled the responsibilities of the former INS and EOIR, this transfer required a reorganization of title 8 of the Code of Federal Regulations (CFR) in February 2003, including the establishment of a new chapter V in 8 CFR pertaining to EOIR. As part of the reorganization, a number of regulations pertaining to the responsibilities of DHS were duplicated in the new chapter V because of shared responsibilities. Because DHS has amended its regulation at 8 CFR 292.3 concerning its disciplinary rules for practitioners appearing before DHS, 75 FR 5225 (February 2, 2010), the Department of Justice has determined that the duplicative provisions in 8 CFR 1292.3 pertaining to DHS' responsibility do not need to be reproduced in EOIR's regulations in chapter V, and that the few provisions relating toEOIR should be transferred to part 1003. This interim rule, therefore, deletes unnecessary regulations in part 1292 and makes appropriate reference to the applicable DHS regulations. Finally, this rule contains technical amendments to EOIR'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. 73 FR 76914 (December 18, 2008).

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: Not Yet Determined Legal Deadline: None

Timetable:
Action Date FR Cite
Interim Final Rule 12/00/2010

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 Department of Justice Executive Office for Immigration Review Suite 2600 5107 Leesburg Pike Falls Church , VA 22041 Phone: 703 305-0470 E-Mail: eoir.regs@usdoj.gov

Department of Justice (DOJ) Executive Office for Immigration Review ( EOIR ) RIN: 1125-AA67

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Title: Application of Immigration Regulations to the Commonwealth of the Northern Mariana Islands Abstract: The Department of Homeland Security (DHS) and the Department of Justice (DOJ) are implementing conforming amendments to their respective regulations to comply with the Consolidated Natural Resources Act of 2008 (CNRA). The CNRA extends the immigration laws of the United States to the Commonwealth of the Northern Mariana Islands (CNMI). This rule amends the regulations governing asylum and credible fear of persecution determinations; references to the geographical “United States” and its territories and possessions; alien classifications authorized for employment; documentation acceptable for Employment Eligibility Verification; employment of unauthorized aliens; and adjustment of status of immediate relatives admitted under the Guam-CNMI Visa Waiver Program. Additionally, this rule makes a technical change to correct a citation error in the regulations governing the Visa Waiver Program and the regulations governing asylum and withholding of removal. The purpose of this rule is to ensure that the regulations apply to persons and entities arriving in or physically present in the CNMI to the extent authorized by the CNRA.

Priority: Other Significant Agenda Stage of Rulemaking: Completed Action Major: No Unfunded Mandates: No CFR Citation: 8 CFR 1208; 8 CFR 1209; 8 CFR 1212; 8 CFR 1235; 8 CFR 1245 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 8 USC 1101; 8 USC 1103; 8 USC 1158; 8 USC 1226; 8 USC 1252; 8 USC 1282; title VII of PL 110-29; 8 CFR 2 Legal Deadline: None

Timetable:
Action Date FR Cite
Interim Final Rule 10/28/2009 74 FR 55726 Interim Final Rule Comment Period End 11/27/2009
Final Action 12/22/2009 74 FR 67969Additional Information: This rulemaking is a joint action of the Department of Homeland Security (RIN 1615-AB77) and the Department of Justice.

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Federalism: No Energy Affected: Undetermined Related RINs: Related to 1615-AB77 Related Agencies: Joint: USCIS Agency Contact: Robin M. Stutman General Counsel Department of Justice Executive Office for Immigration Review Suite 2600 5107 Leesburg Pike Falls Church , VA 22041 Phone: 703 305-0470 E-Mail: eoir.regs@usdoj.gov

Department of Justice (DOJ) Bureau of Alcohol, Tobacco, Firearms, and Explosives ( ATF ) RIN: 1140-AA27

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Title: Commerce in Explosives—Separation Distances of Ammonium Nitrate and Blasting Agents From Explosives or Blasting Agents Abstract: The Bureau of Alcohol, Tobacco, Firearms, and Explosives is considering amending the regulations regarding the reference to the Fertilizer Institute document titled "Definition and Test Procedures for Ammonium Nitrate Fertilizer" that appears as a footnote because it is an obsolete document.

Priority: Other Significant Agenda Stage of Rulemaking: PreRule 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
ANPRM 09/16/2010 75 FR 56489 ANPRM Comment Period End 12/15/2010
NPRM 09/00/2011

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Energy Affected: No Agency Contact: Scott Armstrong-Cezar Department of Justice Bureau of Alcohol, Tobacco, Firearms, and Explosives 99 New York Avenue NE Washington , DC 20226 Phone: 202 648-7119 E-Mail: scott.armstrong-cezar@atf.gov

Department of Justice (DOJ) Bureau of Alcohol, Tobacco, Firearms, and Explosives ( ATF ) RIN: 1140-AA10

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Title: Implementation of Public Law 105-277 Relating to Secure Gun Storage Abstract: The Department of Justice is amending the regulations of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) to implement the 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) an amendeddefinition 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. Item 1 of this rulemaking proceeding is related to the implementation of the Child Safety Lock Act of 2005 (CSLA), RIN 1140-AA26. While Public Law 105-277 requires applicants for dealer's licenses to certify that secure gun storage or safety devices will be available at any place where firearms are sold to nonlicensees, the CSLA makes it unlawful for any licensed importer, manufacturer, or dealer to sell, deliver, or transfer any handgun to any person, other than another licensee, unless the transferee (buyer) is provided with a secure gun storage or safety device for that handgun.

Priority: Substantive, Nonsignificant 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 01/00/2011

Additional Information: Transferred from RIN 1512-AC67. The "Waiver for Firearm Prohibition on Nonimmigrant Visa Holders" (RIN 1140-AA21) has been incorporated into this rulemaking proceeding.

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-AA26

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Title: Implementation of the Child Safety Lock Act of 2005 Abstract: The Department of Justice is proposing to amend the regulations of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) to implement the provisions of the Child Safety Lock Act of 2005 (CSLA), section 5 of Public Law 109-92. While RIN 1140-AA10 requires that secure gun storage or safety devices are available at any place where dealers sell firearms to nonlicensees, this CSLA rulemaking makes it unlawful for any licensed importer, licensed manufacturer, or licensed dealer to sell, deliver, or transfer any handgun to any person, other than another licensee, unless the transferee (buyer) is provided with a secure gun storage or safety device for that handgun. This rulemaking proceeding is related to the implementation of a provision of Public Law 105-277, RIN 1140-AA10, which requires applicants for dealer's licenses to certify that secure gun storage or safety devices will be available at any place where firearms are sold to nonlicensees.

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 02/00/2011Regulatory 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-AA33

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Title: Identification Markings Placed on Firearm Silencers and Firearm Mufflers Abstract: The Department of Justice is proposing to amend the regulations of the Bureau of Alcohol, Tobacco, Firearms, and Explosives to require licensed manufacturers and licensed importers to place identification markings on the outer tube of firearm silencers and firearm mufflers. The proposed regulations are intended to allow for identification markings to be placed conspicuously and legibly in one location providing consistency throughout the industry.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule Major: No Unfunded Mandates: No CFR Citation: 27 CFR 478; 27 CFR 479 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 5 USC 552(a); 18 USC 847, 921 to 931; 44 USC 3504(h); 26 USC 7805 Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 02/00/2011

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) Bureau of Alcohol, Tobacco, Firearms, and Explosives ( ATF ) RIN: 1140-AA35

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Title: Implementation of the Prevent All Cigarette Trafficking Act of 2009 Abstract: The Department of Justice is issuing this interpretive rule/rule of agency practice and procedure with request for comments regarding the Bureau of Alcohol, Tobacco, Firearms and Explosives' (ATF) plans to implement certain provisions of the Prevent All Cigarette Trafficking Act of 2009 (PACT Act), enacted March 31, 2010, relating to the collection of state cigarette and smokeless tobacco taxes. This interpretive rule describes the agencies interpretation of, and plans for implementing the new law which, among other things: (1) Requires persons who sell, transfer, or ship cigarettes or smokeless tobacco in interstate commerce to register with the Attorney General and state tobacco tax administrators; (2) expands monthly reporting requirements for delivery sellers to include email and website addresses; (3) requires delivery sellers selling in interstate commerce to comply with all state, local, tribal, and other laws generally applicable to sales of cigarettes or smokeless tobacco as if such sales occurred entirely within the specific State; (4) requires delivery sellers to include on bills of lading a clear and conspicuous statement that federal law requires the payment of all applicable excise and sales taxes and compliance with applicable licensing and tax-stamping obligations; (5) requires delivery sellers to comply with specified weight and age verification requirements; (6) requires delivery sellers to maintain for 4 years records of all delivery sales and make themaccessible to the Attorney General and to state, local, and Indian tribe tax authorities; (7) requires the Attorney General to compile a list of noncompliant delivery sellers and to distribute such list to States and common carriers including the United States Postal Service, and to make information on enforcement actions publicly available (including on the Internet) and to report to congress on such actions; (8) requires the Attorney General to give noncompliant delivery sellers an opportunity to respond before placing them on the noncompliant list; (9) makes it a crime for common carriers and delivery services to complete delivery to consumers if the delivery seller's name is on the noncompliant list; (10) requires common carriers to maintain for 5 years records of deliveries interrupted because the seller's name is on the noncompliant list; (11) increases the criminal penalty from 6 months to 3 years for violations, and civil penalties for violations to the greater of $5,000 - $10,000 or two percent of the gross sales of cigarettes or smokeless tobacco for the year before the violation; (12) establishes a PACT Act Anti-Trafficking Fund into which 50 percent of criminal and civil penalties collected in enforcing the PACT Act will be deposited and available to the Attorney General to enforce the PACT Act and other laws relating to contraband tobacco products; and (13) amends the Contraband Cigarette Trafficking Act to authorize ATF to enter the business premises of delivery sellers to inspect records and tobacco products stored there, and authorizes federal district courts to compel such inspections and impose a civil penalty for failure to comply with inspections.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule Major: No Unfunded Mandates: No CFR Citation: 27 CFR 647 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 15 USC 375 to 378; 5 USC 301 Legal Deadline: None

Timetable:
Action Date FR Cite Interpretive Rule 12/00/2010

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-AA36

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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: Undetermined 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 03/00/2011

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Energy Affected: No Agency Contact: James P. FicarettaProgram 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

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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 03/00/2011

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: 202 648-7094Department of Justice (DOJ) Bureau of Alcohol, Tobacco, Firearms, and Explosives ( ATF ) RIN: 1140-AA04

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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 (18 U.S.C. ch. 44). These amendments add to the category of "prohibited persons" anyone convicted of a "misdemeanor crime of domestic violence." The amendments require individuals acquiring handguns from Federal firearms licensees to certify (in accordance with the Brady Handgun Violence Prevention Act) that they have not been convicted of such a crime. The amendments also provide for sales between Federal firearms licensees of curio and relic firearms away from their licensed premises.

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: 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 01/00/2011

Additional Information: Transferred from RIN 1512-AB64

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

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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 19446Interim Final Rule Comment Period End 07/21/1997 NPRM Comment Period End 07/21/1997
Final Action 12/00/2010

Additional Information: Transferred from RIN 1512-AB66

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-AA06

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Title: Implementation of Public Law 104-208, the Omnibus Consolidated Appropriations Act of 1997, Relating to the Establishment of a National Repository for Arson and Explosives Information Abstract: This rule is needed to implement certain provisions of Public Law 104-208, the Omnibus Consolidated Appropriations Act of 1997 (the Act), enacted September 30, 1996. The Act amended the Federal explosives laws in 18 U.S.C. chapter 40 to require all Federal agencies to report to ATF any information involving arson or the suspected criminal misuse of explosives. The Act also authorizes ATF to establish a repository for this information. In addition, the law provides that such repository will contain information on incidents voluntarily reported to ATF by State and local authorities.

Priority: Substantive, Nonsignificant 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: 18 USC 846(b) Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 11/15/2001 66 FR 57404 NPRM Comment Period End 02/13/2002
Final Action 03/00/2011

Additional Information: Transferred from RIN 1512-AB73

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal 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-AA08

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Title: Public Law 105-277, Making Omnibus Consolidated and Emergency Supplemental Appropriations for FY 1999 Relatingto 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 the 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 Interim Final Rule Effective 12/19/2002
Final Action 03/00/2011

Additional Information: Transferred from RIN 1512-AB93

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

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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.

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 03/00/2011

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: NoEnergy 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-AA23

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Title: Machine Guns, Destructive Devices, and Certain Other Firearms--Amended Definition of "Pistol" Abstract: The Department of Justice is amending 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: Final 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
Final Action 03/00/2011

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-AA31

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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 RuleMajor: 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 11/00/2011

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-AA34

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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 11/00/2011

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Agency Contact: Scott Armstrong-Cezar Department of Justice Bureau of Alcohol, Tobacco, Firearms, and Explosives 99 New York Avenue NE Washington , DC 20226 Phone: 202 648-7119 E-Mail: scott.armstrong-cezar@atf.gov

Department of Justice (DOJ) Civil Rights Division ( CRT ) RIN: 1190-AA61View Related Documents

Title: Nondiscrimination on the Basis of Disability; Acccessability of Web Services of State and Local Government Entities and Public Accomodations Abstract: The Department of Justice is considering proposed revisions to the regulations 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. The Department is also considering revising the ADA’s Title II regulations to provide specific guidance on the obligations of public entities to make services, programs, or activities offered to the public via the Web accessible.

Priority: Other Significant Agenda Stage of Rulemaking: PreRule 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 43460 ANPRM Comment Period End 01/24/2011
NPRM 01/00/2012

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Local; State

Federalism: No Energy Affected: No Agency Contact: John L. Wodatch Chief, Disability Rights Section Department of Justice Civil Rights Division 950 Pennsylvania Avenue NW Washington , DC 20030 Phone: 800 514-0301 TDD Phone: 800 514-0383 FAX: 202 307-1198

Department of Justice (DOJ) Civil Rights Division ( CRT ) RIN: 1190-AA62

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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. This ANPRM seeks information on possible revisions to the Department’s regulation to ensure direct access to NG 9-1-1 services for individuals with disabilities.

Priority: Other Significant Agenda Stage of Rulemaking: PreRule 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: NoneTimetable:
Action Date FR Cite
ANPRM 07/26/2010 75 FR 43446 ANPRM Comment Period End 01/24/2011
NPRM 09/00/2011

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Local; State

Small Entities Affected: Governmental Jurisdictions Federalism: Undetermined Energy Affected: No Agency Contact: John L. Wodatch Chief, Disability Rights Section Department of Justice Civil Rights Division 950 Pennsylvania Avenue NW Washington , DC 20030 Phone: 800 514-0301 TDD Phone: 800 514-0383 FAX: 202 307-1198

Department of Justice (DOJ) Civil Rights Division ( CRT ) RIN: 1190-AA63

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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 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 whoare 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 have 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 this 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: PreRule 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 10/00/2011

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: No

Small Entities Affected: Business Federalism: No Energy Affected: No Agency Contact: John L. Wodatch Chief, Disability Rights Section Department of Justice Civil Rights Division 950 Pennsylvania Avenue NW Washington , DC 20030 Phone: 800 514-0301 TDD Phone: 800 514-0383 FAX: 202 307-1198

Department of Justice (DOJ) Civil Rights Division ( CRT ) RIN: 1190-AA64

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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 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, orfail 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.

Priority: Other Significant Agenda Stage of Rulemaking: PreRule 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 11/00/2011

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Local; State

Small Entities Affected: Business; Governmental Jurisdictions; Organizations Federalism: Undetermined
Energy Affected: No Agency Contact: John L. Wodatch Chief, Disability Rights Section Department of Justice Civil Rights Division 950 Pennsylvania Avenue NW Washington , DC 20030 Phone: 800 514-0301 TDD Phone: 800 514-0383 FAX: 202 307-1198

Department of Justice (DOJ) Civil Rights Division ( CRT ) RIN: 1190-AA48

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Title: The Failure To Select Cause of Action of the American Competitiveness and Workforce Improvement Act of 1998 Abstract: The American Competitiveness and Workforce Improvement Act (ACWIA)--enacted as part of the Omnibus Consolidated and Emergency Supplemental Appropriations Act of 1998--made various changes to the Immigration and Nationality Act (the INA) relating to temporary nonimmigrant professionals. In this rule (RIN 1190-AA48), the Department's Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) will implement the ACWIA "failure to select" protections--codified in the INA at section 212(n)(5)--by establishing a process under which U.S. workers may file complaints against certain employers deemed "H-1B dependent" that deny them employment opportunities by improperly hiring temporary foreign professionals on H-1B visas. Under this process, OSC may receive and review these complaints, and then--if there is reasonable cause to believe the allegations--initiate binding arbitration proceedings through the Federal Mediation andConciliation Service (FMCS). Although this cause of action, originally enacted in ACWIA, sunset on October 1, 2003, it was revived in the H-1B Visa Reform Act of 2004. This rule also changes regulations of the Office of the Chief Administrative Hearing Officer (OCAHO) of the Executive Office for Immigration Review (EOIR) to provide for the review of arbitrators' decisions and, where appropriate, the award of administrative relief for a "failure to select" cause of action under the American Competitiveness and Workforce Improvement Act of 1998. This new cause of action allows an aggrieved party to file a complaint against a covered employer when it seeks to hire an H-1B visa holder over an equally or better qualified United States worker who applied for the job. Arbitrators of the Federal Mediation and Conciliation Service will adjudicate the complaints. The regulation also allows the Office of the Chief Administrative Hearing Officer to review the Arbitrator's findings, if necessary, and to impose remedies against the employer. This rule is being coordinated with EOIR, the Department of Labor (DOL), and the FMCS.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule Major: No Unfunded Mandates: No CFR Citation: 28 CFR 44.500; 28 CFR 68 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 8 USC 1182(n)(5); 8 USC 1103(a); 8 USC 1182(n); 8 USC 1324b Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 09/00/2011

Additional Information: ACWIA increased the numerical cap on H-1B nonimmigrant aliens; required certain dependent employers to make additional attestations to the Department of Labor (DOL); increased the penalties for employers who have been found to be in violation of DOL's rules; and created a "whistle blower" clause to protect H-1B workers who filed complaints against their employer.

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: No

Federalism: No Agency Contact: Katherine A. Baldwin Deputy Special Counsel Department of Justice Civil Rights Division Office of Special Counsel for Immigration-Related Unfair Employment Practices 950 Pennsylvania Avenue NW Washington , DC 20530 Phone: 202 616-5594 FAX: 202 616-5509 Agency Contact: Robin M. Stutman General Counsel Department of Justice Civil Rights Division Suite 2600 5107 Leesburg Pike Falls Church , VA 22041 Phone: 703 305-0470 E-Mail: eoir.regs@usdoj.gov

Department of Justice (DOJ) Civil Rights Division ( CRT ) RIN: 1190-AA52

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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: Proposed Rule 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 2000d et seq; 29 USC 706; 29 USC 794; EO 12250 Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 03/00/2011 NPRM Comment Period End 05/00/2011

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 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-AA59

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Title: Implementation of the ADA Amendments Act of 2008 (Title II and Title III of the ADA) Abstract: The Department of Justice is amending 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

Timetable:
Action Date FR Cite
NPRM 05/00/2011

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Local; State

Small Entities Affected: Business; Governmental Jurisdictions Federalism: Undetermined
Energy Affected: No Agency Contact: John L. WodatchChief, Disability Rights Section Department of Justice Civil Rights Division 950 Pennsylvania Avenue NW Washington , DC 20030 Phone: 800 514-0301 TDD Phone: 800 514-0383 FAX: 202 307-1198

Department of Justice (DOJ) Civil Rights Division ( CRT ) RIN: 1190-AA60

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Title: Implementation of the ADA Amendments Act of 2008 Abstract: The Department of Justice is amending 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 05/00/2011

Regulatory Flexibility Analysis Required: No Government Levels Affected: Local; State Small Entities Affected: Business; Governmental Jurisdictions Federalism: Undetermined
Energy Affected: No Agency Contact: John L. Wodatch Chief, Disability Rights Section Department of Justice Civil Rights Division 950 Pennsylvania Avenue NW Washington , DC 20030 Phone: 800 514-0301 TDD Phone: 800 514-0383 FAX: 202 307-1198

Department of Justice (DOJ) Civil Rights Division ( CRT ) RIN: 1190-AA51View 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 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: Final Rule 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 1973a(c); 42 USC 1973c Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 06/11/2010 75 FR 33205 NPRM Comment Period End 08/10/2010
Final Action 12/00/2010

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-AA58

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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: Final Rule 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 1973b; 42 USC 1973j(d); 42 USC 1973aa-1a to 1973aa-2 Legal Deadline: None

Timetable:
Action Date FR Cite
Final Action 12/00/2010

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

Department of Justice (DOJ) Civil Rights Division ( CRT ) RIN: 1190-AA44

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Title: Nondiscrimination on the Basis of Disability in Public Accommodations and Commercial Facilities Abstract: In 1991, the Department of Justice published regulations to implement title III of the Americans With Disabilities Act of 1990 (ADA). Those regulations include the ADA Standards for Accessible Design, which establish requirements for the design and construction of accessible facilities that are consistent with the ADA Accessibility Guidelines (ADAAG) published by the U.S. Architectural and Transportation Barriers Compliance Board (Access Board). In the time since the regulations became effective, the Department of Justice and the Access Board have each gathered a great deal of information regarding the implementation of the Standards. The Access Board began the process of revising ADAAG a number of years ago. It published new ADAAG in final form on July 23, 2004, after having published guidelines in proposed form in November 1999 and in draft final form in April 2002. In order to maintain consistency between ADAAG and the ADA Standards, the Department is reviewing its title III regulations and expects to propose, in one or more stages, to adopt revised ADA Standards consistent with the final revised ADAAG and to make related revisions to the Department's title III regulations. In addition to maintaining consistency between ADAAG and the Standards, the purpose of this review and these revisions is to more closely coordinate with voluntary standards; to clarify areas which, through inquiries and comments to the Department's technical assistance phone lines, have been shown to cause confusion; to reflect evolving technologies in areas affected by the Standards; and to comply with section 610 of the Regulatory Flexibility Act, which requires agencies once every 10 years to review rules that have a significant economic impact upon a substantial number of small entities. The first step in adopting revised Standards was an advance notice of proposed rulemaking that was published in the Federal Register on September 30, 2004, at 69 FR 58768, issued under both title II and title III. The Department believes that the advance notice simplified and clarified the preparation of the proposed rule. In addition to giving notice that the proposed rule will adopt revised ADA accessibility standards, the advance notice raised questions for public comment and proposed a framework for the regulatory analysis that accompanied the proposed rule. The adoption of revised ADAAG will also serve to address changes to the ADA Standards previously proposed in RIN 1190-AA26, RIN 1190-AA38, RIN 1190-AA47, and RIN 1190-AA50, all of which have now been withdrawn from the Unified Agenda. These changes include technical specifications for facilities designed for use by children, accessibility standards for State and local government facilities, play areas, and recreation facilities, all of which had previously been published by the Access Board. The timetable set forth below refers to the notice of proposed rulemaking that the Department issued as the second step of the above described title III rulemaking. This notice proposed to adopt revised ADA Standards for Accessible Design consistent with the minimum guidelines of the revised ADAAG, and initiated the review of the regulation in accordance with the requirements of section 610 of the Regulatory Flexibility Act, as amended by the Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA).

Priority: Economically Significant Agenda Stage of Rulemaking: Completed Action Major: Yes Unfunded Mandates: No CFR Citation: 28 CFR 36 (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 12186(b) Legal Deadline: NoneTimetable:
Action Date FR Cite
ANPRM 09/30/2004 69 FR 58768 ANPRM Comment Period Extended 01/19/2005 70 FR 2992 ANPRM Comment Period End 01/28/2005 ANPRM Comment Period End 05/31/2005
NPRM 06/17/2008 73 FR 34508 NPRM Correction 06/30/2008 73 FR 37009 NPRM Comment Period End 08/18/2008
Final Action 09/15/2010 75 FR 56236 Final Action Effective 03/15/2011

Additional Information: RIN 1190-AA44, which will effect changes to 28 CFR 36 (the Department's regulation implementing title III of the ADA), is related to another rulemaking of the Civil Rights Division, RIN 1190-AA46, which will effect changes to 28 CFR 35 (the Department's regulation implementing title II of the ADA).

Regulatory Flexibility Analysis Required: Business; Organizations Government Levels Affected: No

Federalism: No Agency Contact: John L. Wodatch Chief, Disability Rights Section Department of Justice Civil Rights Division 950 Pennsylvania Avenue NW Washington , DC 20030 Phone: 800 514-0301 TDD Phone: 800 514-0383 FAX: 202 307-1198

Department of Justice (DOJ) Civil Rights Division ( CRT ) RIN: 1190-AA46

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Title: Nondiscrimination on the Basis of Disability in State and Local Government Services Abstract: On July 26, 1991, the Department published its final rule implementing title II of the Americans With Disabilities Act (ADA). On November 16, 1999, the U.S. Architectural and Transportation Barriers Compliance Board (Access Board) issued its first comprehensive review of the ADA Accessibility Guidelines (ADAAG), which form the basis of the Department's ADA Standards for Accessible Design. The Access Board published an Availability of Draft Final Guidelines on April 2, 2002, and published the ADA Accessibility Guidelines in final form on July 23, 2004. The ADA (section 204(c)) requires the Department's standards to be consistent with the Access Board's guidelines. In order to maintain consistency between ADAAG and the Standards, the Department is reviewing its title II regulations and expects to propose, in one or more stages, to adopt revised standards consistent with new ADAAG. The Department will also, in one or more stages, review its title II regulations for purposes of section 610 of the Regulatory Flexibility Act and make related changes to its title II regulations. In addition to the statutory requirement for the rule, the social and economic realities faced by Americans with disabilities dictate the need for the rule. Individuals with disabilities cannot participate in the social and economic activities of the Nation without being able to access the programs and services of State and local governments. Further, amending the Department's ADA regulations will improve the format and usability of the ADA Standards for Accessible Design; harmonize the differences between the ADA Standards and national consensus standards and model codes; update the ADA Standards to reflect technological developments that meet the needs of persons with disabilities; and coordinate future ADA Standards revisions with national standards and model code organizations. As a result, the overarching goal of improving access for persons with disabilities so that they can benefit from the goods, services, and activities provided to the public by covered entities will be met. The first part of the rulemaking process was an advance notice of proposed rulemaking, published in the Federal Register on September 30, 2004, at 69 FR 58768, issued under both title II and title III. The Department believes the advance notice simplified and clarified the preparation of the proposed rule to follow. In addition to giving notice of the proposed rule that will adopt revised ADA accessibility standards, the advance notice raised questions for public comment and proposed a framework for the regulatory analysis that accompanied the proposed rule. The adoption of revised ADA Standards consistent with revised ADAAG will also serve to address changes to the ADA Standards previously proposed under RIN 1190-AA26, RIN 1190-AA38, RIN 1190-AA47, and RIN 1190-AA50, all of which have now been withdrawn from the Unified Agenda. These changes include technical specifications for facilities designed for use by children, accessibility standards for State and local government facilities, play areas, and recreation facilities, all of which had previously been published by the Access Board. The timetable set forth belowrefers to the notice of proposed rulemaking that the Department issued as the second step of the above-described title III rulemaking. This notice also proposed to eliminate the Uniform Federal Accessibility Standards (UFAS) as an alternative to the ADA Standards for Accessible Design.

Priority: Economically Significant Agenda Stage of Rulemaking: Completed Action Major: Yes Unfunded Mandates: State, Local, Or Tribal Governments CFR Citation: 28 CFR 35 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 5 USC 301; 28 USC 509 to 510; 42 USC 12134; PL 101-336 Legal Deadline: None

Timetable:
Action Date FR Cite
ANPRM 09/30/2004 69 FR 58768 ANPRM Comment Period Extended 01/19/2005 70 FR 2992 ANPRM Comment Period End 01/28/2005 ANPRM Comment Period End 05/31/2005
NPRM 06/17/2008 73 FR 34466 NPRM Correction 06/30/2008 73 FR 36964 NPRM Comment Period End 08/18/2008
Final Action 09/15/2010 75 FR 56164 Final Action Effective 03/15/2011

Additional Information: RIN 1190-AA46, which will effect changes to 28 CFR 35 (the Department's regulation implementing title II of the ADA), is related to another rulemaking of the Civil Rights Division, RIN 1190-AA44, which will effect changes to 28 CFR 36 (the Department's regulation implementing title III of the ADA). By adopting revised ADAAG, this rulemaking will, among other things, address changes to the ADA Standards previously proposed in RINs 1190-AA26, 1190- AA36, and 1190-AA38, which have been withdrawn and merged into this rulemaking. These changes include accessibility standards for State and local government facilities that had been previously published by the Access Board (RIN 1190-AA26) and the timing for the compliance of State and local governments with the curb-cut requirements of the title II regulation (RIN 1190-AA36). In order to consolidate regulatory actions implementing title II of the ADA, on February 15, 2000, RINs 1190-AA26 and 1190-AA38 were merged into this rulemaking and on March 5, 2002, RIN 1190-AA36 was merged into this rulemaking.

Regulatory Flexibility Analysis Required: Governmental Jurisdictions Government Levels Affected: Local; State

Federalism: Yes Agency Contact: John L. Wodatch Chief, Disability Rights Section Department of Justice Civil Rights Division 950 Pennsylvania Avenue NW Washington , DC 20030 Phone: 800 514-0301 TDD Phone: 800 514-0383 FAX: 202 307-1198