DEPARTMENT OF JUSTICE 

8 CFR Ch. V 

21 CFR Ch. I 

27 CFR Ch. II 

28 CFR Ch. I, V 

Regulatory Agenda 

AGENCY: Department of Justice.

ACTION: Semiannual regulatory agenda.

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

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

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

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

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

8059.

SUPPLEMENTARY INFORMATION: Beginning with the fall 2007 edition, the Internet has been the 

basic means for disseminating the Unified Agenda. The complete Unified Agenda will be available online 

at www.reginfo.gov in a format that offers users a greatly enhanced ability to obtain information from the 

Agenda database. 

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

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

entries include only: 

 

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

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

of small entities; and 

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

Flexibility Act. 

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

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

Agenda published on the Internet. 

Dated: March 14, 2011. 

NAME: Christopher H. Schroeder, 

Assistant Attorney General, Office of Legal Policy. 

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Regulations.gov Thursday, July 7, 2011 Unified Agenda
The 140 Regulatory Agendas

United States Parole Commission - Proposed Rule

Title

Regulation 

Identifier 

Number

Establishing Guidelines for Making Mandatory Parole Decisions 1104-AA00

Revising the Reparole Guidelines for Releasing Parole Violators 1104-AA02

United States Parole Commission - Long-term Action

Title

Regulation 

Identifier 

Number

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

Offenses 1104-AA01

Legal Activities - Proposed Rule

Title

Regulation 

Identifier 

Number

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

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

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

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

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

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

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

Standards for the Administrative Collection of Claims 1105-AB26

Disclosure or Production of Records or Information 1105-AB27

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

by United States Trustees 1105-AB31

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

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

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

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

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Title

Regulation 

Identifier 

Number

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

Supplemental Guidelines for Sex Offender Registration and Notification 1105-AB36

Federal Bureau of Investigation - Proposed Rule

Title

Regulation 

Identifier 

Number

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

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

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

Federal Bureau of Investigation - Final Rule

Title

Regulation 

Identifier 

Number

Implementation of the 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

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

Records Management Division User Fees 1110-AA29

Immigration and Naturalization Service - Completed Action

Title

Regulation 

Identifier 

Number

Fees for Participation in Dedicated Commuter Lanes at Selected Ports of Entry; Collection of Fees Under the Dedicated

Commuter Lane Program 1115-AD82

Carrier Arrival and Departure Electronic Manifest Requirements 1115-AG57

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

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

Disposal of Controlled Substances by Persons Not Registered With the Drug Enforcement Administration 1117-AB18

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

Identification of Institution-Based Individual Practitioners 1117-AB22

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

Substances Act 1117-AB31

Drug Enforcement Administration - Final Rule

Title

Regulation 

Identifier 

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Regulations.gov Thursday, July 7, 2011 Unified Agenda
Number

Electronic Prescriptions for Controlled Substances 1117-AA61

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

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

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

Exportation 1117-AB06

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

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

Voluntary Surrender of Certificate of Registration 1117-AB27

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

Drug Enforcement Administration - Long-term Action

Title

Regulation 

Identifier 

Number

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

Drug Enforcement Administration - Completed Action

Title

Regulation 

Identifier 

Number

Control of Ergocristine, a Chemical Precursor Used in the Illicit Manufacture of Lysergic Acid Diethylamide, as a List I

Chemical 1117-AB24

Bureau of Prisons - Proposed Rule

Title

Regulation 

Identifier 

Number

Administrative Remedy Program--Subpart Revision 1120-AB34

Marriages of Inmates Rules Revision 1120-AB53

Classification and Program Review 1120-AB55

Inmate Commissary Account Deposit Procedures 1120-AB56

Inmate Legal Activities 1120-AB58

Bureau of Prisons - Final Rule

Title

Regulation 

Identifier 

Number

Literacy Program 1120-AA33

Good Conduct Time 1120-AA62

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

Drug Testing Program 1120-AA95

District of Columbia Educational Good Time Credit 1120-AB05

Reduction in Sentence for Medical Reasons 1120-AB10

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

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

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

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Commutation of Sentence: Technical Change 1120-AB54

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

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

Bureau of Prisons - Completed Action

Title

Regulation 

Identifier 

Number

Correspondence: Inspection of Outgoing General Correspondence 1120-AA98

Inmate Discipline--Subpart Revision 1120-AB18

Inmate Furloughs 1120-AB44

Use of Non-Lethal Force: Delegation 1120-AB46

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

Certification Process for State Capital Counsel Systems 1121-AA77

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

International Terrorism Victim Expense Reimbursement Program 1121-AA78

Office of Justice Programs - Long-term Action

Title

Regulation 

Identifier 

Number

Criminal Intelligence Systems Operating Policies 1121-AA59

Aimee's Law 1121-AA71

Executive Office for Immigration Review - Proposed Rule

Title

Regulation 

Identifier 

Number

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

International Marriage Brokers 1125-AA45

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

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

Title

Regulation 

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

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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

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

Civil Monetary Penalties Inflation Adjustment 1125-AA69

Executive Office for Immigration Review - Long-term Action

Title

Regulation 

Identifier 

Number

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

of Decisions as Precedents 1125-AA58

Executive Office for Immigration Review - Completed Action

Title

Regulation 

Identifier 

Number

Suspension of Deportation and Cancellation of Removal for Certain Battered Spouses and Children; Motions To Reopen

for Certain Battered Spouses and Children 1125-AA35

Transfer of Jurisdiction Over Appeals of Fines From the Board of Immigration Appeals to the Office of the Chief

Administrative Hearing Officer 1125-AA41

Executive Office for Immigration Review; Rules Governing Immigration Proceedings 1125-AA53

Reorganization of Regulations on Control of Employment of Aliens 1125-AA64

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

Title

Regulation 

Identifier 

Number

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

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

Commerce in Explosives--Separation Distances of Ammonium Nitrate and Blasting Agents From Explosives or Blasting

Agents 1140-AA27

Identification Markings Placed on Firearm Silencers and Firearm Mufflers 1140-AA33

Commerce In Explosives--Relief From Disabilities 1140-AA36

Federal Firearms License Proceedings--Hearings 1140-AA38

Special Explosive Articles 1140-AA39

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

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

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

Title

Regulation 

Identifier 

Number

Implementation of the Safe Explosives Act 1140-AA00

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

Residency Requirement for Persons Acquiring Firearms 1140-AA05

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

to Firearms Disabilities for Nonimmigrant Aliens 1140-AA08

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

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

Cigarettes or Smokeless Tobacco 1140-AA31

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

Bureau of Alcohol, Tobacco, Firearms, and Explosives - Completed Action

Title

Regulation 

Identifier 

Number

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Regulations.gov Thursday, July 7, 2011 Unified Agenda
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

Implementation of the Child Safety Lock Act of 2005 1140-AA26

Implementation of the Prevent All Cigarette Trafficking Act of 2009 1140-AA35

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

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 - 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 - Long-term Action

Title

Regulation 

Identifier 

Number

Nondiscrimination on the Basis of Disability; Accessibility of Web Services of State and Local Government Entities and

Public Accommodations 1190-AA61

Department of Justice (DOJ) 

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

 View Related Documents

Title: Establishing Guidelines for Making Mandatory Parole Decisions

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

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

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

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

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

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

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 09/00/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

Energy Affected: No

Agency Contact: Rockne Chickinell Department of Justice

United States Parole Commission

5550 Friendship Boulevard

Chevy Chase , MD 20815 

Phone: 301 492-5960 

E-Mail: rockne.chickinell@usdoj.gov

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Regulations.gov Thursday, July 7, 2011 Unified Agenda
Department of Justice (DOJ) 

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

 View Related Documents

Title: Revising the Reparole Guidelines for Releasing Parole Violators

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

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

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

drug use.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

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

Federal Regulations ) 

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

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 09/00/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

Energy Affected: No

Agency Contact: Rockne Chickinell Department of Justice

United States Parole Commission

5550 Friendship Boulevard

Chevy Chase , MD 20815 

Phone: 301 492-5960 

E-Mail: rockne.chickinell@usdoj.gov

Department of Justice (DOJ) 

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

 View Related Documents

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

Offenses

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

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

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

the same severity category.

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

Major: No Unfunded Mandates: No

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

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

Legal Deadline: None

Timetable:

Action Date FR Cite

Final Action 00/00/0000 

NPRM 10/08/2010 75 FR 62342 

NPRM Comment Period End 12/01/2010 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

Energy Affected: No

Agency Contact: Rockne Chickinell Department of Justice

United States Parole Commission

5550 Friendship Boulevard

8

Regulations.gov Thursday, July 7, 2011 Unified Agenda
Chevy Chase , MD 20815 

Phone: 301 492-5960 

E-Mail: rockne.chickinell@usdoj.gov

Department of Justice (DOJ) 

Legal Activities ( LA ) RIN: 1105-AA74

 View Related Documents

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

Application of Department Regulations To Seizures for Forfeiture by ATF

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

agreement.

Priority: Other Significant Agenda Stage of Rulemaking: 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 06/00/2011 

NPRM Comment Period End 08/00/2011 

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

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Regulations.gov Thursday, July 7, 2011 Unified Agenda
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: 202 514-1263 

Department of Justice (DOJ) 

Legal Activities ( LA ) RIN: 1105-AB12

 View Related Documents

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

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

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

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

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

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

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

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

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

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

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

in his October 14, 2005, order.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

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

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

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 09/00/2011 

NPRM Comment Period End 11/00/2011 

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

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Regulations.gov Thursday, July 7, 2011 Unified Agenda
Department of Justice (DOJ) 

Legal Activities ( LA ) RIN: 1105-AB15

 View Related Documents

Title: Conforming OVW Grant Programs Regulations to Statutory Changes

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

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

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

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

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

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

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

changes. It also proposes to streamline existing regulations to reduce the repetition of statutory language. The STOP (ServicesTraining-Officers-Prosecutors) Violence Against Women Formula Grant Program 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 28

CFR 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 12/00/2011 

NPRM Comment Period End 02/00/2012 

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

 View Related Documents

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

11

Regulations.gov Thursday, July 7, 2011 Unified Agenda
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 01/00/2012 

NPRM Comment Period End 03/00/2012 

Additional Information: Transferred from RIN 1121-AA72

Regulatory 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-AB30

 View Related Documents

Title: Uniform Forms for Periodic Reports for Chapter 11 Cases

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

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

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

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

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

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

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

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

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

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 08/00/2011 

NPRM Comment Period End 10/00/2011 

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) 

12

Regulations.gov Thursday, July 7, 2011 Unified Agenda
Legal Activities ( LA ) RIN: 1105-AB35

 View Related Documents

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

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

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

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

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

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

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

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

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

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

their eligibility as a beneficiary.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

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

Legal Authority: 42 USC 2210, note

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 09/00/2011 

NPRM Comment Period End 11/00/2011 

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-AB37

 View Related Documents

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

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

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

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

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

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

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

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

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: Undetermined Unfunded Mandates: No

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

Legal Authority: 42 USC 233(i)

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 08/00/2011 

NPRM Comment Period End 10/00/2011 

13

Regulations.gov Thursday, July 7, 2011 Unified Agenda
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-AB38

 View Related Documents

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

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

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

General to decide whether to consent to such a request.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

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

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

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 06/00/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: Tribal

Federalism: No

Energy Affected: No

Agency Contact: Tracy Toulou 

Director

Department of Justice

Legal Activities

Office of Tribal Justice 950 Pennsylvania Ave., NW Room 2310

Washington , DC 20530 

Phone: 202 514-8812 

Department of Justice (DOJ) 

Legal Activities ( LA ) RIN: 1105-AB39

 View Related Documents

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

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

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

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

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

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

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

Priority: Economically Significant Agenda Stage of Rulemaking: Proposed Rule

Major: Yes Unfunded Mandates: No

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

Legal Authority: PL 111-347, title II

Legal Deadline: 

Action Source Description Date

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

14

Regulations.gov Thursday, July 7, 2011 Unified Agenda
Timetable:

Action Date FR Cite

NPRM 06/00/2011 

NPRM Comment Period End 08/00/2011 

Final Rule 09/00/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Danielle C. Gray 

Counsel

Department of Justice

Legal Activities

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

Washington , DC 20530 

Phone: 202 307-6315 

Department of Justice (DOJ) 

Legal Activities ( LA ) RIN: 1105-AB16

 View Related Documents

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

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

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

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

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

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

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

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: 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 06/00/2011 

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-AB17

 View Related Documents

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

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

15

Regulations.gov Thursday, July 7, 2011 Unified Agenda
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 07/00/2011 

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

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

been transferred to RIN 1105-AB31.

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Ramona D. Elliott 

General Counsel

Department of Justice

Legal Activities

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

Washington , DC 20530 

Phone: 202 307-1399 

FAX: 202 307-2397

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

Department of Justice (DOJ) 

Legal Activities ( LA ) RIN: 1105-AB26

 View Related Documents

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 agency

collection, 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: Final Rule

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 

16

Regulations.gov Thursday, July 7, 2011 Unified Agenda
Interim Final Rule Comment Period End 04/07/2008 

Final Action 04/00/2012 

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-AB27

 View Related Documents

Title: Disclosure or Production of Records or Information

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

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

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

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

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

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 03/21/2011 76 FR 15236 

NPRM Comment Period End 04/20/2011 

Final Action 12/00/2011 

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-AB31

 View Related Documents

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

by United States Trustees

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

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

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

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

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

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

17

Regulations.gov Thursday, July 7, 2011 Unified Agenda
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 09/00/2011 

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

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

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

Energy Affected: No

Agency Contact: Ramona D. Elliott 

General Counsel

Department of Justice

Legal Activities

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

Washington , DC 20530 

Phone: 202 307-1399 

FAX: 202 307-2397

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

Department of Justice (DOJ) 

Legal Activities ( LA ) RIN: 1105-AB34

 View Related Documents

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: Economically Significant Agenda Stage of Rulemaking: Final Rule

Major: Yes Unfunded Mandates: No

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

Legal Authority: 5 USC 301; 28 USC 509; 28 USC 510; 42 USC 15601

Legal Deadline: 

Action Source Description Date

Other Statutory 06/23/2010 

Timetable:

Action Date FR Cite

ANPRM 03/10/2010 75 FR 11077 

ANPRM Comment Period End 05/10/2010 

NPRM 02/03/2011 76 FR 6248 

NPRM Comment Period End 04/04/2011 

Final Action 12/00/2011 

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

Federalism: Yes

Energy Affected: No

Agency Contact: Robert Hinchman 

Senior Counsel, Office of Legal Policy

Department of Justice

18

Regulations.gov Thursday, July 7, 2011 Unified Agenda
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-AA65

 View Related Documents

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

Predators Act

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

agencies and to the providers making the reports.

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

Major: No Unfunded Mandates: No

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

Legal Authority: 42 USC 13032

Legal Deadline: 

Action Source Description Date

NPRM Statutory 04/28/1999 

Timetable:

Action Date FR Cite

Final Action 00/00/0000 

NPRM 05/26/1999 64 FR 28422 

NPRM Comment Period End 07/26/1999 

Interim Final Rule 11/04/2003 68 FR 62370 

Interim Final Rule Effective 12/04/2003 

Interim Final Rule Comment Period End 01/05/2004 

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal

Federalism: No

Agency Contact: Andrew Oosterbaan 

Chief, Child Exploitation and Obscenity Section

Department of Justice

Legal Activities

Suite 600 1400 New York Avenue NW

Washington , DC 20530 

Phone: 202 514-5780 

FAX: 202 514-1793

Department of Justice (DOJ) 

19

Regulations.gov Thursday, July 7, 2011 Unified Agenda
Legal Activities ( LA ) RIN: 1105-AB21

 View Related Documents

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

Department of Justice Task Force

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

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

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

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

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

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

Major: No Unfunded Mandates: No

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

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

USC 534; 31 USC 3717; 31 USC 9701

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 06/21/2007 72 FR 34205 

NPRM Comment Period End 08/20/2007 

Final Action 07/00/2012 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Robert Hinchman 

Senior Counsel, Office of Legal Policy

Department of Justice

Legal Activities

Room 4252 950 Pennsylvania Avenue NW

Washington , DC 20530 

Phone: 202 514-8059 

FAX: 202 353-2371

E-Mail: robert.hinchman@usdoj.gov

Department of Justice (DOJ) 

Legal Activities ( LA ) RIN: 1105-AB32

 View Related Documents

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

Protect Our Children Act of 2008

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

20

Regulations.gov Thursday, July 7, 2011 Unified Agenda
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-AB22

 View Related Documents

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: Completed 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 12/29/2010 75 FR 81849 

Final Action Effective 01/28/2011 

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) 

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Regulations.gov Thursday, July 7, 2011 Unified Agenda
Legal Activities ( LA ) RIN: 1105-AB36

 View Related Documents

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: Completed Action

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

Final Guidelines Effective 01/11/2011 

Final Guidelines 01/11/2011 76 FR 1630 

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) 

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

 View Related Documents

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

Resolve Difficulties Created by Unforeseen Processing Conflicts Within the System

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

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

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

proposed amendments are for the following purposes: (1) to add tribal criminal justice agencies to those entities authorized to

receive information in connection with the issuance of a firearm-related permit or license; (2) to authorize access to the FBImaintained NICS Index to permit background checks for the purpose of disposing of firearms in the possession of a law

enforcement or criminal justice agency, such as returning a firearm to a family member in cases of suicide; (3) to authorize

access to the FBI-maintained NICS Index to permit the NICS to respond to inquiries from the United States Attorney General, or

designee, in connection with identifying whether named individuals are restricted persons pursuant to 42 U.S.C. 262a

(Enhanced Control of Dangerous Biological Agents and Toxins) and 18 U.S.C. 175b (Biological Weapons – Select Agents); and

(4) to permit the NICS to retain in a separate database its Audit Log records relating to denied transactions for the full record

retention period approved by the National Archives and Records Administration.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

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

Legal Authority: PL 103-159

Legal Deadline: None

Timetable:

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Regulations.gov Thursday, July 7, 2011 Unified Agenda
Action Date FR Cite

NPRM 11/00/2011 

NPRM Comment Period End 01/00/2012 

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

Federalism: No

Energy Affected: No

Agency Contact: Mary Kay Paugh 

Program Analyst, EDAS Team, NICS Section, CJIS Division

Department of Justice

Federal Bureau of Investigation

Module A-3 1000 Custer Hollow Road

Clarksburg , WV 26306 

Phone: 304 625-7414 

FAX: 304 625-0535

Department of Justice (DOJ) 

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

 View Related Documents

Title: Clarification Regarding the Production of FBI Criminal Identification Records

Abstract: The rule 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 9701

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 12/00/2011 

NPRM Comment Period End 02/00/2012 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Gary Barron 

Compact Officer

Department of Justice

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

 View Related Documents

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

23

Regulations.gov Thursday, July 7, 2011 Unified Agenda
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 08/00/2011 

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: 304 625-2000 

FAX: 304 625-3875

Department of Justice (DOJ) 

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

 View Related Documents

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

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

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

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

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

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

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

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

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

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

Legal Deadline: 

Action Source Description Date

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

12/17/2004) 06/15/2005 

Timetable:

Action Date FR Cite

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

Interim Final Rule 01/11/2006 71 FR 1690 

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

Final Action 03/00/2012 

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

Small Entities Affected: No Federalism: No

Energy Affected: No

24

Regulations.gov Thursday, July 7, 2011 Unified Agenda
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

 View Related Documents

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

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

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

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

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

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

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

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

Legal Authority: PL 108-277

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 01/23/2007 72 FR 2817 

NPRM Comment Period End 03/26/2007 

Final Action 02/00/2012 

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

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: M. McIntyre Sundin 

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

 View Related Documents

Title: Inclusion of Nonserious Offense Identification Records

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

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

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

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

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

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

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

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

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

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

25

Regulations.gov Thursday, July 7, 2011 Unified Agenda
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 08/00/2011 

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: No

Small 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-AA21

 View Related Documents

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 NPRM

proposing 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 

26

Regulations.gov Thursday, July 7, 2011 Unified Agenda
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

 View Related Documents

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 the

NOI 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

27

Regulations.gov Thursday, July 7, 2011 Unified Agenda
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-AA29

 View Related Documents

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: 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, 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 05/06/2010 75 FR 24796 

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) 

Immigration and Naturalization Service ( INS ) RIN: 1115-AD82

 View Related Documents

Title: Fees for Participation in Dedicated Commuter Lanes at Selected Ports of Entry; Collection of Fees Under the Dedicated

Commuter Lane Program

Abstract: These rules provide for the collection of a fee at the time of application for participation in a Dedicated Commuter

Lane (DCL), instead of at the time of approval of the application. The DCL program is a pilot project established at selected land

border ports of entry to expedite the transborder movement of eligible, pre-screened, low-risk groups through designated traffic

lanes. The first interim rule clarifies the requirements for the use of the DCL (INS No. 1675). The second interim rule will set

forth the fee required of participants in order to cover the technological costs (INS No. 1794). INS No. 2058-00 will propose to

remove restrictions currently in place that limit the locations where the INS can establish commuter lanes. In addition, the

proposed rule will incorporate other projects designed to enhance border security and effective traffic management at port of

entry. Finally, the rule may adjust the fee structure in order to administer these projects.

28

Regulations.gov Thursday, July 7, 2011 Unified Agenda
Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 8 CFR 103; 8 CFR 235; 8 CFR 286; 8 CFR 299 (To search for a specific CFR, visit the Code of Federal

Regulations ) 

Legal Authority: 8 USC 1101; 8 USC 1224; 8 USC 1225; 8 USC 1226; 8 USC 1227; 8 USC 1228; 8 USC 1252; 8 USC 1103;

8 USC 1201; 8 USC 1252 note; 8 USC 1252b; 8 USC 1304; 8 USC 1356; 8 USC 1182; 8 USC 1183

Legal Deadline: None

Timetable:

Action Date FR Cite

Interim Final Rule-INS No. 1675 Eff. 9/29/95; Comment Period End

11/28/95 09/29/1995 60 FR 50386 

Interim Final Rule Comment Period End 11/28/1995 

Final Action (INS 1675-94)--Effective 10/16/1996 10/16/1996 61 FR 53830 

Interim Final Rule (INS 1794-96) 10/11/1996 61 FR 53303 

Transferred to RIN 1651-AA01 02/28/2003 

Additional Information: INS Nos. 1675 and 1794-96

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal

Federalism: No

Energy Affected: No

Agency Contact: Thomas C. Campbell 

Assistant Chief Inspector, Inspections Division

Department of Justice

Immigration and Naturalization Service

425 I Street NW.

Washington , DC 20536 

Phone: 202 305-9246 

Department of Justice (DOJ) 

Immigration and Naturalization Service ( INS ) RIN: 1115-AG57

 View Related Documents

Title: Carrier Arrival and Departure Electronic Manifest Requirements

Abstract: There are four principal laws that require the Attorney General to develop an automated and integrated entry/exit

data system for aliens: 1. The Immigration and Naturalization Service Data Management Improvement Act (DMIA), Public Law

106-21; 2. The Visa Waiver Permanent Program Act (VWPPA), Public Law 106-396; 3. The USA PATRIOT Act, Public Law

107-56; and 4. The Enhanced Border Security and Visa Entry Reform Act (Border Security Act), Public Law 107-173.

Implementation of the relevant provisions in these four laws together will result in the Entry/Exit System. One of the basic

legislative mandates is that the system integrate the available alien arrival and departure data that exist in any Department of

Justice (DOJ) or Department of State (DOS) data base or system. This necessarily must include the systems that incorporate

carrier manifest data on passengers and crew members who are entering or leaving the U.S. via air or sea. Section 231 of the

Immigration and Nationality Act (INA) and 8 CFR part 231 state the requirements for carrier manifests. In section 402 of the

Border Security Act, Congress amended the manifest requirements in INA, section 231. The Border Security Act requires the

submission of arrival and departure manifests electronically in advance of a commercial aircraft or vessel's arrival in or

departure from the United States not later than January 1, 2003. Promulgation of regulations to implement this law will provide

the Service with advance notification of information necessary for the identification of passengers and crewmembers on

commercial carriers. The contents of the electronic arrival and departure manifest include: (1) complete name; (2) date of birth;

(3) citizenship; (4) sex; (5) passport number and country of issuance; (6) country of residence; (7) United States visa number,

date, and place of issuance, where applicable; (8) alien registration; (9) United States address while in the United States; and

(10) such other information the Attorney General, in consultation with the Secretary of State and the Secretary of Treasury

determines as being necessary for the identification of the persons transported and for the enforcement of the immigration laws

and to protect safety and national security. In October 2000, Congress also amended section 217 of the INA to make the Visa

Waiver Pilot a permanent program. The VWPPA also added a specific requirement for a "fully automated entry and exit control

system" covering all aliens who enter the United States under the VWP at airports and seaports. The requirements for this

system are both narrower and broader, in different respects, than the DMIA automated system requirements. The VWP entry/exit

system will be incorporated into the broader Entry/Exit System mandated by DMIA. In addition, the VWPPA states that no alien

arriving by air or sea may be granted a visa waiver under INA, section 217, on or after October 1, 2002, unless the carrier is

submitting passenger information electronically to the VWP entry/exit system, as required by the Attorney General. The Service

is separately promulgating regulations to amend 8 CFR part 217 to implement the electronic manifest requirements for VWP

purposes.

Priority: Other Significant Agenda Stage of Rulemaking: Completed Action

29

Regulations.gov Thursday, July 7, 2011 Unified Agenda
Major: No Unfunded Mandates: No

CFR Citation: 8 CFR 231 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: PL 107-173; PL 106-96; 8 USC 1101; 8 USC 1103; 8 USC 1182; 8 USC 1221; 8 USC 1228; 8 USC 1229

Legal Deadline: Public Law 107-173, the Visa Waiver Permanent Program Act (VWPPA), sets a mandatory deadline of

October 1, 2002.

Action Source Description Date

Other Statutory 01/01/2003 

Timetable:

Action Date FR Cite

Transferred to RIN 1651-AA21 02/28/2003 

Additional Information: INS No. 2182-01

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

Energy Affected: No

Sectors Affected: 481

Related RINs: Related to 1115-AG68; Related to 1115-AG73

Agency Contact: Michael J. Flemmi 

Assistant Chief Inspector, Inspections Division

Department of Justice

Immigration and Naturalization Service

425 I Street NW.

Washington , DC 20536 

Phone: 202 305-9247 

Department of Justice (DOJ) 

Drug Enforcement Administration ( DEA ) RIN: 1117-AA97

 View Related Documents

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

Recognized Indian Tribes

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

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

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

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

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

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

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

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 04/00/2012 

NPRM Comment Period End 06/00/2012 

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: Cathy A. Gallagher

Acting Chief, Liaison and Policy Section

Department of Justice

30

Regulations.gov Thursday, July 7, 2011 Unified Agenda
Drug Enforcement Administration

Phone: 202 307-7297 

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

Department of Justice (DOJ) 

Drug Enforcement Administration ( DEA ) RIN: 1117-AB14

 View Related Documents

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

Abstract: In March 2006, 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 ensure

that 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: Proposed Rule

Major: No Unfunded Mandates: No

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

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

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 09/21/2007 72 FR 53973 

NPRM Comment Period End 11/20/2007 

Supplemental NPRM 07/00/2011 

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

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

rule.

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Public Comment URL: www.deadiversion.usdoj.gov

Agency Contact: Cathy A. Gallagher

Acting Chief, Liaison and Policy Section

Department of Justice

Drug Enforcement Administration

Phone: 202 307-7297 

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

Department of Justice (DOJ) 

Drug Enforcement Administration ( DEA ) RIN: 1117-AB18

 View Related Documents

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: Proposed Rule

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)

31

Regulations.gov Thursday, July 7, 2011 Unified Agenda
Legal Deadline: None

Timetable:

Action Date FR Cite

ANPRM 01/21/2009 74 FR 3480 

ANPRM Comment Period End 03/23/2009 

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

NPRM 10/00/2011 

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: Cathy A. Gallagher 

Acting Chief, Liaison and Policy Section

Department of Justice

Drug Enforcement Administration

Phone: 202 307-7297 

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

Department of Justice (DOJ) 

Drug Enforcement Administration ( DEA ) RIN: 1117-AB21

 View Related Documents

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

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

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

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

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

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

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

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: 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 12/00/2011 

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: Cathy A. Gallagher 

Acting Chief, Liaison and Policy Section

Department of Justice

Drug Enforcement Administration

Phone: 202 307-7297 

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

32

Regulations.gov Thursday, July 7, 2011 Unified Agenda
Department of Justice (DOJ) 

Drug Enforcement Administration ( DEA ) RIN: 1117-AB22

 View Related Documents

Title: Identification of Institution-Based Individual Practitioners

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

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

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

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

Priority: Other Significant Agenda Stage of Rulemaking: 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 46396 

ANPRM Comment Period End 11/09/2009 

NPRM 02/00/2012 

NPRM Comment Period End 04/00/2012 

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: Cathy A. Gallagher 

Acting Chief, Liaison and Policy Section

Department of Justice

Drug Enforcement Administration

Phone: 202 307-7297 

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

Department of Justice (DOJ) 

Drug Enforcement Administration ( DEA ) RIN: 1117-AB31

 View Related Documents

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

Substances Act

Abstract: This rule classifies the following two steroids as "anabolic steroids" under the Controlled Substances Act (CSA):

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

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

substances subject to the regulatory control provisions of the CSA.

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

Major: Undetermined Unfunded Mandates: No

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

Legal Authority: 21 USC 802; 21 USC 821; 21 USC 829; 21 USC 871(b); 21 USC 951; 21 USC 958(f)

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 06/00/2011 

NPRM Comment Period End 08/00/2011 

33

Regulations.gov Thursday, July 7, 2011 Unified Agenda
Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

Energy Affected: No

Agency Contact: Cathy A. Gallagher

Acting Chief, Liaison and Policy Section

Department of Justice

Drug Enforcement Administration

Phone: 202 307-7297 

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

Department of Justice (DOJ) 

Drug Enforcement Administration ( DEA ) RIN: 1117-AA61

 View Related Documents

Title: Electronic Prescriptions for Controlled Substances

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

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

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

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

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

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

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

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

manually signed. These revised regulations would be in addition to, not a replacement of, 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 11/00/2011 

Additional Information: DEA-218

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

Public Comment URL: www.deadiversion.usdoj.gov

Agency Contact: Cathy A. Gallagher 

Acting Chief, Liaison and Policy Section

Department of Justice

Drug Enforcement Administration

Phone: 202 307-7297 

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

Department of Justice (DOJ) 

Drug Enforcement Administration ( DEA ) RIN: 1117-AA62

 View Related Documents

34

Regulations.gov Thursday, July 7, 2011 Unified Agenda
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: Final Rule

Major: No Unfunded Mandates: No

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

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

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 07/30/2004 69 FR 45616 

NPRM Comment Period End 10/28/2004 

Final Action 03/00/2012 

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: Cathy A. Gallagher 

Acting Chief, Liaison and Policy Section

Department of Justice

Drug Enforcement Administration

Phone: 202 307-7297 

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

Department of Justice (DOJ) 

Drug Enforcement Administration ( DEA ) RIN: 1117-AA66

 View Related Documents

Title: Chemical Mixtures Containing Listed Forms of Phosphorus

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

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

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

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

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

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

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

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

exempt from the regulations governing listed chemicals.

Priority: Other Significant Agenda Stage of Rulemaking: 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 

35

Regulations.gov Thursday, July 7, 2011 Unified Agenda
Final Action 06/00/2011 

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: Cathy A. Gallagher 

Acting Chief, Liaison and Policy Section

Department of Justice

Drug Enforcement Administration

Phone: 202 307-7297 

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

Department of Justice (DOJ) 

Drug Enforcement Administration ( DEA ) RIN: 1117-AB05

 View Related Documents

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

Chemical Products

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

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

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

seller regarding compliance of the Act.

Priority: Economically Significant Agenda Stage of Rulemaking: Final Rule

Major: Yes Unfunded Mandates: No

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

Federal Regulations ) 

Legal Authority: 21 USC 802; 21 USC 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 11/00/2011 

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: Cathy A. Gallagher

Acting Chief, Liaison and Policy Section

Department of Justice

Drug Enforcement Administration

Phone: 202 307-7297 

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

36

Regulations.gov Thursday, July 7, 2011 Unified Agenda
Department of Justice (DOJ) 

Drug Enforcement Administration ( DEA ) RIN: 1117-AB06

 View Related Documents

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

Exportation

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

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

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

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

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

manufacture controlled substances.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

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

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

Legal Deadline: None

Timetable:

Action Date FR Cite

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

Interim Final Rule Comment Period End 05/09/2007 

Interim Final Rule Effective 05/09/2007 

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

Final Action 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: Cathy A. Gallagher

Acting Chief, Liaison and Policy Section

Department of Justice

Drug Enforcement Administration

Phone: 202 307-7297 

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

Department of Justice (DOJ) 

Drug Enforcement Administration ( DEA ) RIN: 1117-AB20

 View Related Documents

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

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

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

illegal distribution and dispensing of controlled substances by means of the Internet. DEA issued an interim rule implementing

this legislation on April 6, 2009 and is currently reviewing comments received and drafting the final rule.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

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

Federal Regulations ) 

Legal Authority: 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

37

Regulations.gov Thursday, July 7, 2011 Unified Agenda
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: Cathy A. Gallagher 

Acting Chief, Liaison and Policy Section

Department of Justice

Drug Enforcement Administration

Phone: 202 307-7297 

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

Department of Justice (DOJ) 

Drug Enforcement Administration ( DEA ) RIN: 1117-AB25

 View Related Documents

Title: Implementation of the Methamphetamine Production Prevention Act of 2008

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

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

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

the new requirements.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

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

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

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 03/23/2010 75 FR 13702 

NPRM Comment Period End 05/24/2010 

Final Action 06/00/2011 

Final Action Effective 07/00/2011 

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: Cathy A. Gallagher 

Acting Chief, Liaison and Policy Section

Department of Justice

Drug Enforcement Administration

Phone: 202 307-7297 

38

Regulations.gov Thursday, July 7, 2011 Unified Agenda
E-Mail: cathy.a.gallagher@usdoj.gov

Department of Justice (DOJ) 

Drug Enforcement Administration ( DEA ) RIN: 1117-AB27

 View Related Documents

Title: Voluntary Surrender of Certificate of Registration

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

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

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

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

Priority: Other Significant Agenda Stage of Rulemaking: 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 886(a); 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 06/00/2011 

Final Action Effective 07/00/2011 

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: Cathy A. Gallagher 

Acting Chief, Liaison and Policy Section

Department of Justice

Drug Enforcement Administration

Phone: 202 307-7297 

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

Department of Justice (DOJ) 

Drug Enforcement Administration ( DEA ) RIN: 1117-AB30

 View Related Documents

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

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

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

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

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

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

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

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

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

related to self-certification.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

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

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

Legal Deadline: 

Action Source Description Date

39

Regulations.gov Thursday, July 7, 2011 Unified Agenda
Other Statutory Statutory deadline 04/10/2011 

Timetable:

Action Date FR Cite

Interim Final Rule Effective 04/13/2011 

Interim Final Rule 04/13/2011 76 FR 20518 

Final Action 01/00/2012 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

Energy Affected: No

Agency Contact: Cathy A. Gallagher

Acting Chief, Liaison and Policy Section

Department of Justice

Drug Enforcement Administration

Phone: 202 307-7297 

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

Department of Justice (DOJ) 

Drug Enforcement Administration ( DEA ) RIN: 1117-AB28

 View Related Documents

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

Abstract: This 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: Long-term 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

Next Action Undetermined 

NPRM 03/30/2010 75 FR 15642 

NPRM Comment Period End 04/29/2010 

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: Cathy A. Gallagher 

Acting Chief, Liaison and Policy Section

Department of Justice

Drug Enforcement Administration

Phone: 202 307-7297 

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

Department of Justice (DOJ) 

Drug Enforcement Administration ( DEA ) RIN: 1117-AB24

 View Related Documents

40

Regulations.gov Thursday, July 7, 2011 Unified Agenda
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: 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 890890

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 02/24/2010 75 FR 8287 

NPRM Comment Period End 04/26/2010 

Final Action 03/31/2011 76 FR 17778 

Final Action Effective 05/02/2011 

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: Cathy A. Gallagher 

Acting Chief, Liaison and Policy Section

Department of Justice

Drug Enforcement Administration

Phone: 202 307-7297 

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

Department of Justice (DOJ) 

Bureau of Prisons ( BOP ) RIN: 1120-AB34

 View Related Documents

Title: Administrative Remedy Program--Subpart Revision

Abstract: In this document, the Bureau of Prisons (Bureau) revises current regulations on the Administrative Remedy Program

to clarify existing provisions and to expand the program to allow Federal inmates housed in contract facilities to file grievances

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

procedures. The changes would provide a consistent approach to correct the current deficiency in the Administrative Remedy

Program and to provide Federal inmates housed in contract facilities with a process for addressing issues for which only the

Bureau may grant relief.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

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

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

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

28 USC 509 and 510

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 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 

41

Regulations.gov Thursday, July 7, 2011 Unified Agenda
Rules Administrator

Department of Justice

Bureau of Prisons

HOLC Building 320 First Street NW.

Washington , DC 20534 

Phone: 202 307-2105 

FAX: 202 305-4577

E-Mail: squreshi@bop.gov

Department of Justice (DOJ) 

Bureau of Prisons ( BOP ) RIN: 1120-AB53

 View Related Documents

Title: Marriages of Inmates Rules Revision

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

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

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

Major: No Unfunded Mandates: No

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

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

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

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

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 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-AB55

 View Related Documents

Title: Classification and Program Review

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

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

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

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

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

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

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

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

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

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

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

Major: No Unfunded Mandates: No

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

42

Regulations.gov Thursday, July 7, 2011 Unified Agenda
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 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-AB56

 View Related Documents

Title: Inmate Commissary Account Deposit Procedures

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

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

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

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

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

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: Undetermined Unfunded Mandates: No

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

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

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

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 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-AB58

 View Related Documents

43

Regulations.gov Thursday, July 7, 2011 Unified Agenda
Title: Inmate Legal Activities

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

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

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

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

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

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

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 11/00/2011 

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-AA33

 View Related Documents

Title: Literacy Program

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

simplification.

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

Major: No Unfunded Mandates: No

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

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

5024; 18 USC 5039; 28 USC 509 to 510

Legal Deadline: None

Timetable:

Action Date FR Cite

Interim Final Rule 09/26/1997 62 FR 50791 

Interim Final Rule Effective 11/03/1997 

Interim Final Rule Comment Period End 11/25/1997 

Final Action 11/00/2011 

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

44

Regulations.gov Thursday, July 7, 2011 Unified Agenda
Department of Justice (DOJ) 

Bureau of Prisons ( BOP ) RIN: 1120-AA62

 View Related Documents

Title: Good Conduct Time

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

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

progress toward earning a high school diploma or GED.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

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

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

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

Legal Deadline: None

Timetable:

Action Date FR Cite

Interim Final Rule 09/26/1997 62 FR 50786 

Interim Final Rule Effective 11/03/1997 

Interim Final Rule Comment Period End 11/25/1997 

Final Action 12/00/2011 

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-AA85

 View Related Documents

Title: Designation of Offenses Subject to Sex Offender Release Notification

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

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

Federal inmates with a sex offense in their criminal history.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

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

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

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

4218

Legal Deadline: None

Timetable:

Action Date FR Cite

Interim Final Rule 12/16/1998 63 FR 69386 

Interim Final Rule Comment Period End 02/16/1999 

Final Action 09/00/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Agency Contact: Sarah N. Qureshi

45

Regulations.gov Thursday, July 7, 2011 Unified Agenda
Rules Administrator

Department of Justice

Bureau of Prisons

HOLC Building 320 First Street NW.

Washington , DC 20534 

Phone: 202 307-2105 

FAX: 202 305-4577

E-Mail: squreshi@bop.gov

Department of Justice (DOJ) 

Bureau of Prisons ( BOP ) RIN: 1120-AA95

 View Related Documents

Title: Drug Testing Program

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

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

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

Major: No Unfunded Mandates: No

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

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

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

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 09/21/2000 65 FR 57126 

NPRM Comment Period End 11/20/2000 

Final Action 09/00/2011 

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-AB05

 View Related Documents

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 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; 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 

46

Regulations.gov Thursday, July 7, 2011 Unified Agenda
Interim Final Rule Comment Period End 09/23/2002 

Final Action 08/00/2011 

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

 View Related Documents

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 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-AB14

 View Related Documents

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

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

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

47

Regulations.gov Thursday, July 7, 2011 Unified Agenda
that need not be stated in regulation. Bureau policy is a more appropriate vehicle through which to provide instruction and

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

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

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

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

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

Major: No Unfunded Mandates: No

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

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

5039; 28 USC 509 and 510; ...

Legal Deadline: None

Timetable:

Action Date FR Cite

Interim Final Rule 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-AB20

 View Related Documents

Title: Psychiatric Evaluation and Treatment

Abstract: In this document, the Bureau of Prisons (Bureau) amends its regulations on Psychiatric Treatment and Medication.

We make several changes to conform more closely with the language of 18 U.S.C. sections 4241 to 4247 on psychiatric

hospitalization. We also change the rules to conform with statutory authority regarding military prisoners and District of Columbia

(DC) Code violators in Bureau custody. Previously, our procedures for involuntary psychiatric treatment and medication did not

apply to military prisoners or DC Code violators. Under new statutory authority, military prisoners who are incompetent to stand

trial, or who have been found not guilty by reason of lack of mental responsibility may now be committed to the Bureau's

custody. Sentenced DC Code offenders may now be involuntarily committed to a Bureau psychiatric hospital. Such military

prisoners and DC Code violators are subject to our regulations. We revise the applicability statement accordingly.

Priority: Other Significant Agenda Stage of Rulemaking: 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 876(b); 18 USC 3621, 3622, 3524, 4001, 4005, 4042, 4045, 4081, 4082; 18 USC 4241

to 4247, 5006 to 5024, 5039; 28 USC 509, 510

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 12/29/2003 68 FR 74892 

NPRM Comment Period End 02/27/2004 

Second NPRM 06/16/2008 73 FR 33957 

Second NPRM Comment Period End 08/15/2008 

Final Action 07/00/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

48

Regulations.gov Thursday, July 7, 2011 Unified Agenda
Agency Contact: Sarah N. Qureshi 

Rules Administrator

Department of Justice

Bureau of Prisons

HOLC Building 320 First Street NW.

Washington , DC 20534 

Phone: 202 307-2105 

FAX: 202 305-4577

E-Mail: squreshi@bop.gov

Department of Justice (DOJ) 

Bureau of Prisons ( BOP ) RIN: 1120-AB26

 View Related Documents

Title: Autopsies

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

management procedures that need not be stated in regulation.

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

Major: No Unfunded Mandates: No

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

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

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

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 06/16/2008 73 FR 33957 

NPRM Comment Period End 08/15/2008 

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-AB37

 View Related Documents

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

Abstract: To help ensure the safe operation of Federal prisons, 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

49

Regulations.gov Thursday, July 7, 2011 Unified Agenda
(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 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-AB42

 View Related Documents

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 11/00/2011 

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 

50

Regulations.gov Thursday, July 7, 2011 Unified Agenda
FAX: 202 305-4577

E-Mail: squreshi@bop.gov

Department of Justice (DOJ) 

Bureau of Prisons ( BOP ) RIN: 1120-AB47

 View Related Documents

Title: Intake Screening

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

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

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

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

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

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

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

509 and 510

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 01/20/2010 75 FR 3182 

NPRM Comment Period End 03/22/2010 

Final Action 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

 View Related Documents

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, 552(a); 18 USC ch 113(b) and 115, 1791, 3621, 3622, 3624

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 04/06/2010 75 FR 17324 

NPRM Comment Period End 06/07/2010 75 FR 17324 

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Regulations.gov Thursday, July 7, 2011 Unified Agenda
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

 View Related Documents

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, 552(a); 18

USC 1791, 3621, 3622, 3624

Legal Deadline: None

Timetable:

Action Date FR Cite

Interim Final Rule 04/23/2010 75 FR 21163 

Correction 05/07/2010 75 FR 25110 

Interim Final Rule Comment Period End 06/22/2010 

Final Action 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

 View Related Documents

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.

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Regulations.gov Thursday, July 7, 2011 Unified Agenda
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

 View Related Documents

Title: Pre-Release Community Confinement

Abstract: In this document, the Bureau of Prisons (Bureau) revises current regulations on pre-release community confinement

to conform with the requirements of the Second Chance Act of 2007, approved April 9, 2008 (Pub. L. 110-199; 122 Stat. 657)

("Second Chance Act").

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

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

Legal Authority: 5 USC 301; 18 USC 5039; 28 USC 509 and 510; 18 USC 751, 3621, 3622, 3624, 4001, 4042, 4081 and

4082 (Repealed in part as to offenses committed on or after November 1, 1987); 18 USC 4161 to 4166; 18 USC 5006 to 5024

(Repealed October 12, 1984, as to offenses committed after that date)

Legal Deadline: 18 U.S.C. 3624(c)(6) is a new provision that requires the Bureau to issue regulations reflecting these

provisions "not later than 90 days after the date of the enactment of the Second Chance Act of 2007." Therefore, these

regulations are required to be promulgated no later than July 8, 2008, which is 90 days after the date of enactment of the

Second Chance Act, April 9, 2008.

Action Source Description Date

Other Statutory Second Chance Act requires promulgation of regulations 90 days after

date of enactment. 07/08/2008 

Timetable:

Action Date FR Cite

Interim Final Rule Effective 10/21/2008 

Interim Final Rule 10/21/2008 73 FR 62440 

Interim Final Rule Comment Period End 12/22/2008 

Final Action 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

53

Regulations.gov Thursday, July 7, 2011 Unified Agenda
Department of Justice

Bureau of Prisons

HOLC Building 320 First Street NW.

Washington , DC 20534 

Phone: 202 307-2105 

FAX: 202 305-4577

E-Mail: squreshi@bop.gov

Department of Justice (DOJ) 

Bureau of Prisons ( BOP ) RIN: 1120-AB52

 View Related Documents

Title: Inmate Work and Performance Pay Program: Subpart Revision

Abstract: In this document, the Bureau of Prisons (Bureau) 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 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

 View Related Documents

Title: Commutation of Sentence: Technical Change

Abstract: This document makes a minor technical change to the Bureau of Prisons (Bureau) regulations on sentence

commutation to clarify that the Bureau staff, who may not be institution-level staff, will recalculate the inmate's sentence in

accordance with the terms of the commutation order if a petition for commutation of sentence is granted.

Priority: Info./Admin./Other Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 28 CFR 571.41 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 5 USC 301; 18 USC 3565 and 3568 to 3569 (Repealed in part as to offenses committed on or after

November 1, 1987); 18 USC 3582, 3621, 3622, 3624, 4001, 4042, 4081, and 4082 (Repealed in part as to offenses committed)

Legal Deadline: None

Timetable:

Action Date FR Cite

54

Regulations.gov Thursday, July 7, 2011 Unified Agenda
Interim Final Rule 03/23/2010 75 FR 13680 

Interim Final Rule Comment Period End 05/24/2010 

Final Action 12/00/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Sarah N. Qureshi 

Rules Administrator

Department of Justice

Bureau of Prisons

HOLC Building 320 First Street NW.

Washington , DC 20534 

Phone: 202 307-2105 

FAX: 202 305-4577

E-Mail: squreshi@bop.gov

Department of Justice (DOJ) 

Bureau of Prisons ( BOP ) RIN: 1120-AB57

 View Related Documents

Title: Inmate Access to Inmate Central File: PSRs and SORs

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: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 28 CFR 513 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 5 USC 301;; 18 USC 3621, 3622, 3624, 4001, 4042, 4942, 4081, 4082 (Repealed in part as to conduct

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

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 03/23/2010 75 FR 13705 

NPRM Comment Period End 05/24/2010 

Final Action 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-AB59

 View Related Documents

Title: Administrative Remedy Program: Exception to Initial Filing Procedures

Abstract: In this document, the Bureau of Prisons (Bureau) revises current regulations on the Administrative Remedy Program

to add an exception to initial filing of Administrative Remedy appeals at the institution level. The exception will state that formal

55

Regulations.gov Thursday, July 7, 2011 Unified Agenda
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-AA98

 View Related Documents

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: Completed Action

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 552(a); 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 

Withdrawn 02/07/2011 

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

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Regulations.gov Thursday, July 7, 2011 Unified Agenda
E-Mail: squreshi@bop.gov

Department of Justice (DOJ) 

Bureau of Prisons ( BOP ) RIN: 1120-AB18

 View Related Documents

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: Completed Action

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 12/08/2010 75 FR 76263 

Correction 12/29/2010 75 FR 81853 

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-AB44

 View Related Documents

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: Completed Action

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 01/11/2011 76 FR 1516 

57

Regulations.gov Thursday, July 7, 2011 Unified Agenda
Final Action Effective 02/10/2011 

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

 View Related Documents

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: Completed Action

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: None

Timetable:

Action Date FR Cite

NPRM 06/25/2008 73 FR 35984 

NPRM Comment Period End 08/25/2008 

Final Action 02/03/2011 76 FR 6054 

Final Action Effective 03/07/2011 

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) 

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

 View Related Documents

Title: Victims of Crime Act (VOCA) Crime Victim Compensation Program Regulations

Abstract: The Victims of Crime Act (VOCA) Crime Victim Compensation Program regulations provide the parameters under

which State agencies may use these funds to reimburse crime victims directly for expenses related to crime. Expenses that must

be covered are lost wages, medical and mental health costs, and funeral and burial costs. States, at their discretion, may cover

loss of support, crime scene cleanup, and other such expenses. VOCA funds are obtained from the Crime Victims Fund in the

58

Regulations.gov Thursday, July 7, 2011 Unified Agenda
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 08/00/2011 

NPRM Comment Period End 10/00/2011 

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

 View Related Documents

Title: Victim of Crime Act (VOCA) Victim Assistance Program

Abstract: The Victim Assistance Program Regulations provide the parameters under which State agencies may use these

funds to award grants to Government and nonprofit organizations to provide direct services to crime victims. Local programs

include child abuse, homicide survivor, drunk driving, sexual assault, and domestic violence. More than three million crime

victims are served through these grants. Victims of Crime Act (VOCA) funds are obtained from the Crime Victims Fund in the

U.S. Treasury, which consists of fines, fees, and bond forfeitures from Federal offenders. Costs to States are limited, as the

VOCA grant provides for administrative costs for these programs.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

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 09/00/2011 

NPRM Comment Period End 11/00/2011 

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 

59

Regulations.gov Thursday, July 7, 2011 Unified Agenda
Deputy Director, Office for Victims of Crime

Department of Justice

Office of Justice Programs

810 7th Street NW

Washington , DC 20531 

Phone: 202 307-5911 

E-Mail: barbara.a.walker@usdoj.gov

Department of Justice (DOJ) 

Office of Justice Programs ( OJP ) RIN: 1121-AA77

 View Related Documents

Title: Certification Process for State Capital Counsel Systems

Abstract: Chapter 154 of title 28, United States Code, instructs the Attorney General to promulgate regulations to implement

certification procedures for States seeking to qualify for the expedited Federal habeas corpus review procedures in capital cases

under that chapter. The procedural benefits of chapter 154 are available to States that establish mechanisms for providing

counsel to indigent capital defendants in State postconviction proceedings that satisfy certain statutory requirements. This rule

carries out the statutory requirement to issue regulations for the certification procedure.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 28 CFR 26 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 5 USC 301; 18 USC 4001(b); 18 USC 4002; 28 USC 509; 28 USC 510; 28 USC 2261; 28 USC 2265

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 03/03/2011 76 FR 11705 

NPRM Comment Period End 06/01/2011 

Final Action 12/00/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: State

Federalism: Yes

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) 

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

 View Related Documents

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

60

Regulations.gov Thursday, July 7, 2011 Unified Agenda
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 08/00/2011 

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

 View Related Documents

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: No

CFR 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 09/00/2011 

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-AA78

 View Related Documents

Title: International Terrorism Victim Expense Reimbursement Program

Abstract: This rule amends the Justice Department's Office for Victims of Crime regulations for the International Terrorism

61

Regulations.gov Thursday, July 7, 2011 Unified Agenda
Victim Expense Reimbursement Program (ITVERP) in order to remove a regulatory limitation on the discretion of the Director of

OVC to accept claims filed more than three years after the date that an incident is designated as an incident of international

terrorism.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 28 CFR 94 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 42 USC 10603(c); 42 USC 10604

Legal Deadline: None

Timetable:

Action Date FR Cite

Interim Final Rule Effective 04/11/2011 

Interim Final Rule 04/11/2011 76 FR 19909 

Interim Final Rule Comment Period End 06/10/2011 

Final Action 01/00/2012 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

Energy Affected: No

Agency Contact: Kristopher A Brambila

Attorney-Advisor

Department of Justice

Office of Justice Programs

810 7th Street NW

Washington , DC 20053 

Phone: 202 616-1290 

E-Mail: kristopher.a.brambila@usdoj.gov

Department of Justice (DOJ) 

Office of Justice Programs ( OJP ) RIN: 1121-AA59

 View Related Documents

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.gov

62

Regulations.gov Thursday, July 7, 2011 Unified Agenda
Department of Justice (DOJ) 

Office of Justice Programs ( OJP ) RIN: 1121-AA71

 View Related Documents

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: Long-term Action

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 00/00/0000 

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 NW

Washington , DC 20531 

Phone: 202 305-0643 

FAX: 202 307-1419

E-Mail: peter.brien@usdoj.gov

Department of Justice (DOJ) 

Executive Office for Immigration Review ( EOIR ) RIN: 1125-AA18

 View Related Documents

Title: Authority of Immigration Judges To Issue Civil Money Penalties

Abstract: This rule plans to amend the Department of Justice's regulations by implementing the statutory authority given to

immigration judges to sanction by civil money penalty any action or inaction in contempt of the judge's proper exercise of

authority. This statutory authority is derived from section 304 of the Illegal Immigration Reform and Immigrant Responsibility Act

of 1996, Public Law 104-208 (IIRIRA), September 30, 1996. This rule sets forth the types of conduct for which civil money

penalty sanctions may be imposed, the procedures for imposing these sanctions, the affirmative defenses, which may excuse

the imposition of a civil money penalty sanction, and the procedures for appealing such sanctions.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 8 CFR 1003 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 5 USC 301; 3 CFR, 1949 to 1953 Comp, p 1002; 8 USC 1103; 8 USC 1252 note; 8 USC 1101 note; 8 USC

1362; 28 USC 509; 8 USC 1324(b); 28 USC 510; 28 USC 1746; Reorg Plan No 2 of 1950, sec 2

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 12/00/2011 

NPRM Comment Period End 03/00/2012 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

63

Regulations.gov Thursday, July 7, 2011 Unified Agenda
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-AA45

 View Related Documents

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, 1324(a), 1324(b), 1324(c), 1375(a); PL 109-162, sec 831 et seq; 5 USC 301, 554

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 11/00/2011 

NPRM Comment Period End 01/00/2012 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Related RINs: Related to 1615-AA11

Agency Contact: Robin M. Stutman 

General Counsel

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

 View Related Documents

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.

64

Regulations.gov Thursday, July 7, 2011 Unified Agenda
Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 8 CFR 1003; 8 CFR 1216; 8 CFR 1240 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 8 USC 11866

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 12/00/2011 

NPRM Comment Period End 02/00/2012 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Public Comment URL: www.regulations.gov

Agency Contact: Robin M. Stutman

General Counsel

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-AA62

 View Related Documents

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 Office of 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 06/00/2011 

NPRM Comment Period End 08/00/2011 

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

65

Regulations.gov Thursday, July 7, 2011 Unified Agenda
 View Related Documents

Title: New Asylum and Withholding Bars for Recruitment or Use of Child Soldiers

Abstract: The Attorney General and the Secretary of Homeland Security are proposing to amend their respective regulations

governing eligibility for asylum and withholding of removal to implement the Child Soldiers Accountability Act of 2008 (CSAA).

The CSAA establishes a criminal offense for the recruitment or use of child soldiers, establishes grounds of inadmissibility and

deportability for aliens who have engaged in such recruitment or use, and provides that an alien who is inadmissible or

deportable under these grounds "shall be considered an alien with respect to whom there are serious reasons to believe that he

or she committed a serious "nonpolitical crime" for purposes of asylum and withholding of removal.

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

Major: No Unfunded Mandates: No

CFR Citation: 8 CFR 1208 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 8 USC 1103; 8 USC 1158; 8 USC 1226; 8 USC 1252; 8 USC 1282; 8 CFR 2; PL 110-340 (122 Stat. 3735);

...

Legal Deadline: 

Action Source Description Date

Other Statutory 12/02/2008 

Timetable:

Action Date FR Cite

NPRM 07/00/2011 

NPRM Comment Period End 09/00/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

Energy Affected: No

RIN Information URL: www.regulations.gov

Agency Contact: Robin M. Stutman

General Counsel

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

 View Related Documents

Title: Forwarding of Asylum Applications to the Department of State

Abstract: The Department of Justice is planning to amend its regulations to alter the process by which the Executive Office for

Immigration Review (EOIR) forwards asylum applications 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 proposed 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 12/00/2011 

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.

66

Regulations.gov Thursday, July 7, 2011 Unified Agenda
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 Documents

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

Counsel

Abstract: The Department of Justice (Department) is proposing to amend the regulations of the Executive Office for

Immigration Review (EOIR) by establishing procedures for the filing and adjudication of motions to reopen removal, deportation,

and exclusion proceedings based upon a claim of ineffective assistance of counsel. This proposed rule is in response to Matter

of Compean, Bangaly & J-E-C-, 25 I&N Dec. 1 (A.G. 2009), in which the Attorney General directed EOIR to develop such

regulations. The Department also proposes to amend the EOIR regulations which provide that ineffective assistance of counsel

may constitute extraordinary circumstances 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 07/00/2011 

NPRM Comment Period End 09/00/2011 

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-AA25

 View Related Documents

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)

67

Regulations.gov Thursday, July 7, 2011 Unified Agenda
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 1186(a); 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 01/00/2012 

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-AA31

 View Related Documents

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 01/00/2012 

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

68

Regulations.gov Thursday, July 7, 2011 Unified Agenda
Department of Justice (DOJ) 

Executive Office for Immigration Review ( EOIR ) RIN: 1125-AA38

 View Related Documents

Title: Protective Orders in Immigration Administration Proceedings

Abstract: This rule amends regulations governing the Executive Office for Immigration Review (EOIR) by authorizing

immigration judges to issue protective orders to limit public disclosure of sensitive law enforcement or national defense

information during immigration proceedings. The rule is applicable in all proceedings before immigration judges but involves only

a small number of cases.

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

Major: No Unfunded Mandates: No

CFR Citation: 8 CFR 1003 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 5 USC 301; 8 USC 1101 note, 1103, 1231, 1252 note, 1252(b), 1324(b), 1253, 1362; 28 USC 509, 510,

1746; sec 2, Reorg Plan No 2 of 1950; 3 CFR 1949 to 1953 Comp, p 1002; sec 203 of PL 105-100, 111 Stat 2196-200; secs

1506 and 1510 of PL 106-386, 114 Stat 1527-29, 1531-32; sec 1505 of PL 106-554, 114 Stat 2763A-326 to 2763A-328

Legal Deadline: None

Timetable:

Action Date FR Cite

Interim Final Rule 05/28/2002 67 FR 36799 

Interim Final Rule Comment Period End 07/29/2002 

Final Action 02/00/2012 

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

 View Related Documents

Title: Executive Office for Immigration Review Attorney/Representative Registry

Abstract: This rule concerns the Attorney General's authority to authorize practitioners to represent aliens in immigration

proceedings pursuant to statute. Under the pertinent statutory provision, aliens in immigration proceedings "shall have the

privilege of being represented (at no expense to the Government) by such counsel, authorized to practice in such proceedings,

as he shall choose." (8 U.S.C. 1362) The rule arises out of the Executive Office for Immigration Review's (EOIR) electronic

Government initiatives, which when fully implemented, will enable electronic case access and filing for individuals in immigration

proceedings before EOIR. In essence, the rule amends the current definitions of "attorney" and "representative," the classes of

individuals authorized to represent aliens, to include only those persons who have registered with EOIR. Additionally, the rule

delegates authority to the Director to require such a registration, and to establish procedures for registration. In concert with that

authority, the rule permits the Director to administratively suspend from practice before EOIR any practitioner who fails to

comply with registration procedures and requirements. Functionally, practitioners will be required to register with EOIR over a

secure Internet connection, by providing name, address(es), date of birth, last four digits of social security number, and bar

admission data. Registered practitioners will be assigned a unique User ID and password that will authorize them to conduct

electronic transactions with EOIR from desktop personal computers. Registration of practitioners assures the functionality,

security, and success of EOIR's electronic Government initiative, and serves as a prerequisite to electronic case access and

filing by practitioners. The proposed practitioner registration rule furnishes the Attorney General with the optimum measure of

adaptability to establish the criteria and procedures for practitioner registration, while also preserving fairness for regulated

parties and ensuring efficiency in Government operations.

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

Major: No Unfunded Mandates: No

CFR Citation: 8 CFR 1001.1; 8 CFR 1003.0 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 8 USC 1362

69

Regulations.gov Thursday, July 7, 2011 Unified Agenda
Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 12/30/2003 68 FR 75160 

NPRM Comment Period End 03/01/2004 

Final Action 01/00/2012 

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-AA43

 View Related Documents

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 (EOIR) 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 definitions

and 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 08/00/2011 

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

 View Related Documents

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

70

Regulations.gov Thursday, July 7, 2011 Unified Agenda
Appeals

Abstract: This rule amends regulations governing the Executive Office for Immigration Review to ensure that the necessary

identity, law enforcement, and security investigations are properly initiated and have been completed by the Department of

Homeland Security before the immigration judges and the Board of Immigration Appeals adjudicate certain applications for

relief.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 8 CFR 1003; 8 CFR 1208 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 5 USC 301; 8 USC 1101 note, 1103, 1182, 1186(a), 1224, 1225, 1226, 1227, 1251, 1252 note, 1252(a),

1252(b), 1324(b), 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 09/00/2011 

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-AA51

 View Related Documents

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 02/00/2012 

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Regulations.gov Thursday, July 7, 2011 Unified Agenda
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

 View Related Documents

Title: Jurisdiction and Venue in Removal Proceedings

Abstract: This rule amends the Department of Justice regulation addressing jurisdiction and venue in removal proceedings.

This regulatory change is necessary due to the increasing number of removal hearings being conducted by telephone or video

conference and will clarify the issue of venue for cases involving multiple geographic locations.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 8 CFR 1003.20(a) (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 5 USC 301; 8 USC 1101 note; 8 USC 1103; 8 USC 1252 note; 8 USC 1252(b); 8 USC 1324(b); 8 USC

1362; 28 USC 509; 28 USC 510; 28 USC 1746; Reorg Plan No 2 of 1950, sec 2, 3 CFR, 1949 to 1953 Comp, p 1002; PL 100-

105 sec 203; 111 Stat 2196-200; PL 106-386 sec 1506; PL 106-386, sec 1510; 114 Stat 1527-29, 1531 to 1532; PL 106-554,

sec 1505; 114 Stat 2763A, 326 to 328; 8 USC 1229(a)

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 03/28/2007 72 FR 14494 

NPRM Comment Period End 04/27/2007 

Final Action 01/00/2012 

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

 View Related Documents

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

Applications for Adjustment of Status

Abstract: The Secretary of Homeland Security and the Attorney General are amending their respective agencies' regulations

governing applications for adjustment of status filed by paroled arriving aliens seeking to become lawful permanent residents.

The Secretary and the Attorney General are also amending the regulations to clarify when United States Citizenship and

Immigration Services or the immigration judges and the Board of Immigration Appeals of the Executive Office for Immigration

Review have jurisdiction to adjudicate applications for adjustment of status by such aliens. In addition, the Secretary and the

72

Regulations.gov Thursday, July 7, 2011 Unified Agenda
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 12/00/2011 

Additional Information: Joint rule with Department of Homeland Security (RIN 1615-AB50)

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Robin M. Stutman

General Counsel

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

 View Related Documents

Title: Reorganization of Regulations on the Adjudication of Department of Homeland Security Practitioner Disciplinary Cases

Abstract: The Department of Justice (Department) is amending its regulations governing the discipline of immigration

practitioners as follows. First, the Department is amending 8 CFR part 1292 by deleting unnecessary regulations and inserting

appropriate references to applicable regulations of the Department of Homeland Security (DHS). Second, the Department is

making technical amendments to the Executive Office for Immigration Review's practitioner disciplinary regulations, and a

correction and clarification to the final rule on Professional Conduct for Practitioners-Rules and Procedures, and Representation

and Appearances, which became effective on January 20, 2009.

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

Major: No Unfunded Mandates: No

CFR Citation: 8 CFR 1003; 8 CFR 1292 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: Not Yet Determined

Legal Deadline: None

Timetable:

Action Date FR Cite

Interim Final Rule 08/00/2011 

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

73

Regulations.gov Thursday, July 7, 2011 Unified Agenda
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-AA69

 View Related Documents

Title: Civil Monetary Penalties Inflation Adjustment

Abstract: This rule amends the Department of Homeland Security (DHS) regulations to adjust for inflation certain civil monetary

penalties assessed under the Immigration and Nationality Act (INA). The adjusted penalties are calculated according to a

statutory formula, and will be effective for violations occurring on or after the effective date. This rule also amends the

Department of Justice (DOJ) regulations to eliminate duplicative language and to substitute a cross-reference to the relevant

DHS regulations.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 8 CFR 280 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 8 USC 1103; 8 USC 1221; 8 USC 1223; 8 USC 1227; 8 USC 1229; 8 USC 1253; PL 101-410; PL 104-134;

...

Legal Deadline: 

Action Source Description Date

Other Statutory Statutory deadline for adjustment of penalties. 08/30/2003 

Timetable:

Action Date FR Cite

Final Action 09/00/2011 

Additional Information: Joint rule with DHS/USCBP; RIN 1651-AA91.

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Related Agencies: Joint : USCBP

Agency Contact: Robin M. Stutman 

General Counsel

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

 View Related Documents

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

Decisions as Precedents

Abstract: These revisions implement, in part, the Attorney General's August 9, 2006, Memorandum for Immigration Judges and

Members of the Board of Immigration Appeals (Board). This interim rule establishes that the Board may issue an affirmance

without opinion (AWO) in the exercise of its discretion when it is satisfied that certain regulatory criteria are met. This provision

also permits the Board to better manage its docket, budget its resources, and balance its competing adjudicatory responsibilities

by allowing the Board to determine what type of decision to issue in a particular case. This regulation clarifies that the Board's

decision to issue an AWO, or any other type of decision, does not create personal rights and is not independently reviewable. In

addition, this rule permits three-Board-member review of a small class of particularly complex cases. The rule provides the

Board with the discretion to assess its resources, and where it deems appropriate, devote more of its resources to address

complex or unusual issues of law or fact by referring a case for review by a three-member panel. Finally, this rule amends the

regulations 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.

74

Regulations.gov Thursday, July 7, 2011 Unified Agenda
Priority: Other Significant Agenda Stage of Rulemaking: Long-term Action

Major: No Unfunded Mandates: No

CFR Citation: 8 CFR 1003.1 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 5 USC 301; 6 USC 521; 8 USC 1101; 8 USC 1103; 8 USC 1154; 8 USC 1155; 8 USC 1158; 8 USC 1182; 8

USC 1226; 8 USC 1229; 8 USC 1229(a); 8 USC 1229(b); 8 USC 1229(c); 8 USC 1231; 8 USC 1254(a); 8 USC 1255; 8 USC

1324(d); 8 USC 1330; 8 USC 1361; 8 USC 1362; 28 USC 509; 28 USC 510; 28 USC 1746; Reorg Plan No 2 of 1950, sec 2, 3

CFR 1949 to 1953 Comp, p 1002; PL 105-100, sec 203, 111 Stat 2196-200; PL 106-386, sec 1506 and 1510, 114 Stat 1527 to

1529, 1531 to 1532; PL 106-554, sec 1505, 114 Stat 2763A-326 to 2763A-328; ...

Legal Deadline: None

Timetable:

Action Date FR Cite

Next Action Undetermined 

NPRM 06/18/2008 73 FR 34654 

NPRM Comment Period End 08/18/2008 

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-AA35

 View Related Documents

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 the Department of Justice's (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: Completed Action

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 1186(a); 8 USC 1224 to 1227; 8 USC

1251; 8 USC 1252 note; 8 USC 1251(a); 8 USC 1252(b); 8 USC 1324(b); 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

Withdrawn 04/04/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

Agency Contact: Robin M. Stutman 

General Counsel

Department of Justice

75

Regulations.gov Thursday, July 7, 2011 Unified Agenda
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

 View Related Documents

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: Completed Action

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: 5 USC 301; 8 USC 1103; 8 USC 1252 note; 8 USC 1252(b); ...

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 02/19/2002 67 FR 7309 

NPRM Comment Period End 03/21/2002 

Withdrawn 02/25/2011 

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-AA53

 View Related Documents

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: Completed Action

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 1229(a); 8 USC 1231; 8 USC 1231, note;

8 USC 1245; 8 USC 1324(b); 8 USC 1362; 28 USC 509 to 519; 28 USC 1746; sec 2 Reorg Plan No 2 of 1950, 3 CFR 1949 to

76

Regulations.gov Thursday, July 7, 2011 Unified Agenda
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

Withdrawn 04/04/2011 

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-AA64

 View Related Documents

Title: Reorganization of Regulations on Control of Employment of Aliens

Abstract: This final rule adopts without change an interim rule with request for comments published in the Federal Register on

January 15, 2009. The interim rule amended regulations of the Executive Office for Immigration Review by deleting the

unnecessary, duplicative provisions in part 1274a of chapter V in title 8 of the Code of Federal Regulations that are the

responsibility of the Department of Homeland Security (DHS). This rule also revised the remaining provisions in part 1274a to

reference the applicable DHS regulations.

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

Major: No Unfunded Mandates: No

CFR Citation: 8 CFR 1274(a) (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 8 USC 1101; 8 USC 1103; 8 USC 1324(a)

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 Effective 03/24/2011 

Final Action 03/24/2011 76 FR 16525 

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) 

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

 View Related Documents

Title: Implementation of Public Law 105-277 Relating to Secure Gun Storage

77

Regulations.gov Thursday, July 7, 2011 Unified Agenda
Abstract: The Department of Justice is amending the regulations of the Bureau of Alcohol, Tobacco, Firearms, and Explosives

(ATF) to implement certain provisions of Public Law 105-277, Omnibus Consolidated and Emergency Supplemental

Appropriations Act, 1999. The amendments are with regard to: 1) Certification by applicants for dealers' licenses that secure gun

storage or safety devices will be available at any place where firearms are sold to nonlicensed individuals and 2) amended

definitions of certain terms, including an amended definition of "antique firearm", to include certain muzzle loading firearms. In

addition, the Gun Control Act of 1968 establishes categories of individuals who are prohibited from possessing a firearm. A

provision of Public Law 105-277 added aliens in a nonimmigrant classification as an additional prohibited category. In the same

Act, the Attorney General was authorized to grant a waiver for individuals disqualified by the new prohibited category. The

waiver petition will be granted, inter alia, upon an applicant showing proof of 180 days of residency and a statement of

character from the applicant's embassy or consulate and upon a determination by the Attorney General that the waiver should

be granted in the interests of justice so as not to jeopardize public safety. 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: 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 07/00/2011 

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-AA23

 View Related Documents

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: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 27 CFR 479 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 26 USC 7805

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 04/07/2005 70 FR 17624 

NPRM Comment Period End 05/09/2005 

NPRM 09/00/2011 

78

Regulations.gov Thursday, July 7, 2011 Unified Agenda
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-AA27

 View Related Documents

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: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 27 CFR 555 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 18 USC 847

Legal Deadline: None

Timetable:

Action Date FR Cite

ANPRM 09/16/2010 75 FR 56489 

ANPRM Comment Period End 12/15/2010 

NPRM 12/00/2011 

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-AA33

 View Related Documents

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:

79

Regulations.gov Thursday, July 7, 2011 Unified Agenda
Action Date FR Cite

NPRM 08/00/2011 

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-AA36

 View Related Documents

Title: Commerce In Explosives--Relief From Disabilities

Abstract: The Department of Justice is proposing to amend the regulations of the Bureau of Alcohol, Tobacco, Firearms and

Explosives (ATF) to clarify that persons currently on parole or probation will not be granted relief from disabilities even where a

"compelling need" to possess explosives exists.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 27 CFR 555 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 18 USC 847

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 07/00/2011 

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-AA38

 View Related Documents

Title: Federal Firearms License Proceedings--Hearings

Abstract: The Department of Justice is proposing to amend the regulations of the Bureau of Alcohol, Tobacco, Firearms, and

Explosives regarding administrative hearings held as part of firearms license proceedings. This proposed rule clarifies that such

hearings are held in an informal setting and that persons requesting a hearing will be afforded the opportunity to submit facts,

arguments, offers of settlement, or proposals of adjustment for review and consideration. The proposed regulations are intended

to ensure that federal firearms licensees and persons applying for a federal firearms license are familiar with the hearing process

relative to the denial, suspension, or revocation of a firearms license or imposition of a civil fine.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 27 CFR 478 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 5 USC 552(a); 18 USC 847; 18 USC 921 to 931; 44 USC 3504(h)

Legal Deadline: None

80

Regulations.gov Thursday, July 7, 2011 Unified Agenda
Timetable:

Action Date FR Cite

NPRM 09/00/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Deborah Szczenski Department of Justice

Bureau of Alcohol, Tobacco, Firearms, and Explosives

99 New York Avenue NE

Washington , DC 20226 

Phone: 202 648-7087 

E-Mail: deborah.szczenski@atf.gov

Department of Justice (DOJ) 

Bureau of Alcohol, Tobacco, Firearms, and Explosives ( ATF ) RIN: 1140-AA39

 View Related Documents

Title: Special Explosive Articles

Abstract: The Department of Justice is proposing to amend the regulations of the Bureau of Alcohol, Tobacco, Firearms, and

Explosives to clarify that the Director may exempt from regulation the components of certain explosive actuated devices and

explosive actuated tools, as well as similar articles that utilize explosive materials in their function, and which as designed do not

constitute a public safety or security hazard. The proposed rule also adds a definition for the term "special explosive article."

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 27 CFR 555 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 18 USC 847

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 10/00/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Deborah Szczenski Department of Justice

Bureau of Alcohol, Tobacco, Firearms, and Explosives

99 New York Avenue NE

Washington , DC 20226 

Phone: 202 648-7087 

E-Mail: deborah.szczenski@atf.gov

Department of Justice (DOJ) 

Bureau of Alcohol, Tobacco, Firearms, and Explosives ( ATF ) RIN: 1140-AA40

 View Related Documents

Title: Rules of Practice in Explosives License and Permit Proceedings

Abstract: The Department of Justice is proposing to amend the regulations of the Bureau of Alcohol, Tobacco, Firearms, and

Explosives governing the procedure and practice for disapproval of applications for explosive licenses or permits and for the

denial of renewal or revocation of such licenses or permits under federal explosives law. The proposed regulations are being

codified in a new Part 771, "Rules of Practice in License and Permit Proceedings."

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 27 CFR 555; 27 CFR 771 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 18 USC 843; 18 USC 847

Legal Deadline: None

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Regulations.gov Thursday, July 7, 2011 Unified Agenda
Timetable:

Action Date FR Cite

NPRM 11/00/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Deborah Szczenski Department of Justice

Bureau of Alcohol, Tobacco, Firearms, and Explosives

99 New York Avenue NE

Washington , DC 20226 

Phone: 202 648-7087 

E-Mail: deborah.szczenski@atf.gov

Department of Justice (DOJ) 

Bureau of Alcohol, Tobacco, Firearms, and Explosives ( ATF ) RIN: 1140-AA41

 View Related Documents

Title: Commerce in Firearms and Ammunition--Reporting Theft or Loss of Firearms in Transit

Abstract: The Department of Justice is proposing to amend the regulations of the Bureau of Alcohol, Tobacco, Firearms, and

Explosives (ATF) regarding firearms stolen or lost in transit. In particular, the proposed rule specifies that when a firearm is

stolen or lost in transit, for reporting purposes it is considered stolen or lost from the transferor's/sender's inventory.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 27 CFR 478 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 5 USC 552(a); 18 USC 847; 18 USC 921 to 931; 44 USC 3504(h)

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 12/00/2011 

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-AA00

 View Related Documents

Title: Implementation of the Safe Explosives Act

Abstract: The Department of Justice is amending the regulations of the Bureau of Alcohol, Tobacco, Firearms, and Explosives

(ATF) to implement the provisions of the Safe Explosives Act, title XI, subtitle C, of Public Law 107-296, the Homeland Security

Act of 2002 (enacted November 25, 2002). The law, among other things: (1) Requires that all persons receiving explosives on

and after May 24, 2003, obtain a Federal license or permit, and creates a new type of permit, the "limited permit"; (2) requires

applicants for licenses and permits to provide as part of their application the names and appropriate identifying information

regarding employees authorized to possess explosives as well as fingerprints and photographs of "responsible persons"; (3)

extends the time for ATF to act on an application for a license or permit from 45 days to 90 days; (4) authorizes warrantless

inspections of places of storage maintained by applicants for limited permits and holders of limited permits; (5) provides that

only licensees and holders of user permits must post their licenses and permits and make them available for inspection; (6)

requires that ATF conduct background checks on responsible persons and employees authorized to possess explosive

materials; (7) specifies additional categories of persons who may not lawfully receive or possess explosive materials; i.e., aliens

(other than permanent resident aliens and other excepted aliens), persons dishonorably discharged from the military, and

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Regulations.gov Thursday, July 7, 2011 Unified Agenda
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 10/00/2011 

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: 202 648-7094 

Department of Justice (DOJ) 

Bureau of Alcohol, Tobacco, Firearms, and Explosives ( ATF ) RIN: 1140-AA04

 View Related Documents

Title: Commerce in Firearms and Ammunition (Omnibus Consolidated Appropriations Act of 1997)

Abstract: The Omnibus Consolidated Appropriations Act of 1997 contains amendments to the Gun Control Act of 1968 (18

U.S.C. chapter 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 09/00/2011 

Additional Information: Transferred from RIN 1512-AB64

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

83

Regulations.gov Thursday, July 7, 2011 Unified Agenda
Agency Contact: James Ficaretta 

Program Manager

Department of Justice

Bureau of Alcohol, Tobacco, Firearms, and Explosives

99 New York Avenue NE

Washington , DC 20226 

Phone: 202 648-7094 

Department of Justice (DOJ) 

Bureau of Alcohol, Tobacco, Firearms, and Explosives ( ATF ) RIN: 1140-AA05

 View Related Documents

Title: Residency Requirement for Persons Acquiring Firearms

Abstract: The Department of Justice is amending the regulations of the Bureau of Alcohol, Tobacco, Firearms, and Explosives

(ATF) to require that aliens purchasing firearms provide proof of residency through the use of substantiating documentation,

such as utility bills or a lease agreement. In addition, the regulations are being amended to require that licensees examine a

photo identification document from aliens purchasing firearms. These regulations implement firearms initiatives intended to

protect the American public from gun violence.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 27 CFR 478 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 5 USC 552(a); 18 USC 847; 18 USC 921 to 931; 44 USC 3504(h)

Legal Deadline: None

Timetable:

Action Date FR Cite

Interim Final Rule 04/21/1997 62 FR 19442 

NPRM 04/21/1997 62 FR 19446 

Interim Final Rule Comment Period End 07/21/1997 

NPRM Comment Period End 07/21/1997 

Final Action 08/00/2011 

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-AA08

 View Related Documents

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

to Firearms Disabilities for Nonimmigrant Aliens

Abstract: The Department of Justice is amending the regulations of the Bureau of Alcohol, Tobacco, Firearms, and Explosives

(ATF) to implement certain provisions of Public Law 105-277, Making Omnibus Consolidated and Emergency Supplemental

Appropriations for fiscal year 1999. The amendments implement the law by prohibiting, with certain exceptions, the transfer to

and possession of firearms by aliens admitted to the United States under a nonimmigrant visa.

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

Major: No Unfunded Mandates: No

CFR Citation: 27 CFR 478 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 5 USC 552(a); 18 USC 847; 18 USC 921 to 931; 44 USC 3504(h)

Legal Deadline: None

84

Regulations.gov Thursday, July 7, 2011 Unified Agenda
Timetable:

Action Date FR Cite

Interim Final Rule 02/05/2002 67 FR 5422 

NPRM 02/05/2002 67 FR 5428 

NPRM Comment Period End 05/06/2002 

Final Action 10/00/2011 

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

 View Related Documents

Title: Implementation of the Safe Explosives Act--Delivery of Explosive Materials by Common or Contract Carrier

Abstract: This rule amends the regulations of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) to remove the

requirement that common or contract carriers taking possession of explosive materials for delivery to a licensee or permittee

complete ATF Form 5400.8 (Explosives Delivery Record) prior to taking possession of explosive materials, regardless of

whether they are hired by the distributor or by the distributee. ATF believes that this requirement is unduly burdensome and

unnecessary. Furthermore, ATF does not believe that the elimination of this form will result in diversion of explosive materials to

criminal or terrorist use.

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 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 1140-AA00

Agency Contact: James P. Ficaretta 

Program Manager

Department of Justice

Bureau of Alcohol, Tobacco, Firearms, and Explosives

99 New York Avenue NE

Washington , DC 20226 

Phone: 202 648-7094 

Department of Justice (DOJ) 

Bureau of Alcohol, Tobacco, Firearms, and Explosives ( ATF ) RIN: 1140-AA31

 View Related Documents

85

Regulations.gov Thursday, July 7, 2011 Unified Agenda
Title: Implementation of the USA Patriot Improvement and Reauthorization Act of 2005 Regarding Trafficking in Contraband

Cigarettes or Smokeless Tobacco

Abstract: The Department of Justice is amending the regulations of the Bureau of Alcohol, Tobacco, Firearms, and Explosives

(ATF) to implement a provision of the USA Patriot Improvement and Reauthorization Act of 2005 regarding trafficking in

contraband cigarettes or smokeless tobacco. Section 121 of the Act contains several amendments to the Contraband Cigarette

Trafficking Act, 18 U.S.C. chapter 114.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 27 CFR 646 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 18 USC 2341 to 2346

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 07/28/2010 75 FR 44173 

NPRM Comment Period End 10/26/2010 

Final Action 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

 View Related Documents

Title: Elimination of Firearms Transaction Record, ATF Form 4473 (Low Volume)

Abstract: The Department of Justice is amending the regulations of the Bureau of Alcohol, Tobacco, Firearms, and Explosives

(ATF) by eliminating the Firearms Transaction Record, ATF Form 4473 (Low Volume (LV)), parts I and II. These forms may be

used by federally licensed firearms dealers as an alternate record for the receipt and disposition of firearms. Because licensees

rarely use Forms 4473 (LV), ATF has determined that continued use of these forms is unwarranted and they should be

eliminated.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 27 CFR 478 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 5 USC 522(a); 18 USC 847; 18 USC 921 to 931; 44 USC 3504(h)

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 08/05/2010 75 FR 47254 

NPRM Comment Period End 11/03/2010 

Final Action 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

86

Regulations.gov Thursday, July 7, 2011 Unified Agenda
Department of Justice (DOJ) 

Bureau of Alcohol, Tobacco, Firearms, and Explosives ( ATF ) RIN: 1140-AA06

 View Related Documents

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: Completed Action

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 

Withdrawn 01/05/2011 

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-AA26

 View Related Documents

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: Completed Action

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

Withdrawn 04/06/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

87

Regulations.gov Thursday, July 7, 2011 Unified Agenda
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-AA35

 View Related Documents

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 them

accessible 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: Completed Action

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

Withdrawn 03/02/2011 

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 

88

Regulations.gov Thursday, July 7, 2011 Unified Agenda
Department of Justice (DOJ) 

Civil Rights Division ( CRT ) RIN: 1190-AA48

 View Related Documents

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 and

Conciliation 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 1324(b)

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 02/00/2012 

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

 View Related Documents

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

89

Regulations.gov Thursday, July 7, 2011 Unified Agenda
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 2000(d) et seq; 29 USC 706; 29 USC 794; EO 12250

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 09/00/2011 

NPRM Comment Period End 11/00/2011 

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

 View Related Documents

Title: Implementation of the ADA Amendments Act of 2008 (Title II and Title III of the ADA)

Abstract: The Department of Justice 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 11/00/2011 

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

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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-AA60

 View Related Documents

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 11/00/2011 

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-AA62

 View Related Documents

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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: Proposed Rule

Major: Undetermined Unfunded Mandates: No

CFR Citation: 28 CFR 35 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 42 USC 12101 et seq

Legal Deadline: None

Timetable:

Action Date FR Cite

ANPRM 07/26/2010 75 FR 43446 

ANPRM Comment Period End 01/24/2011 

NPRM 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

 View Related Documents

Title: Nondiscrimination on the Basis of Disability; Movie Captioning and Video Description

Abstract: On July 26, 1991, the Department of Justice published a final rule implementing title III of the Americans with

Disabilities Act of 1990 (ADA). Title III prohibits discrimination on the basis of disability in the activities of places of public

accommodation (private entities whose operations affect commerce and that fall into one of twelve categories listed in the ADA,

such as restaurants, movie theaters, schools, day care facilities, recreational facilities, and doctors' offices) and requires newly

constructed or altered places of public accommodation-as well as commercial facilities (privately owned, nonresidential facilities

such as factories, warehouses, or office buildings)-to comply with the ADA Standards (42 U.S.C. 12181–89). Title III makes it

unlawful for places of public accommodation, such as movie theaters, to discriminate against an individual in the full and equal

enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of a place of public accommodation (42

U.S.C. 12182[a]). Moreover, title III prohibits places of public accommodation from affording an unequal or lesser service to

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

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"[o]pen-captioning of feature films playing in movie theaters, is not required by this legislation," H.R. Rep. No. 101-485 (II), at

108 (1990), S. Rep. No. 101-116 at 64 (1989), the Department stated in its 1991 rule that "[m]ovie theaters are not required to

present open-captioned films," 56 FR 35544, 35567 (July 26, 1991). The Department was silent regarding closed captioning and

video description in movie theaters. The Department noted, however, that "other public accommodations that impart verbal

information through soundtracks on films, video tapes, or slide shows are required to make such information accessible to

persons who are deaf or hard of hearing. Captioning is one means to make the information accessible to individuals with

disabilities." Since 1991, there have been many technological advances in the area of closed captioning and video description

for first-run movies. In the legislative history of the ADA, the House Committee stated that "technological advances can be

expected to further enhance options for making meaningful and effective opportunities available to individuals with disabilities"

and that "[s]uch advances may require public accommodations to provide auxiliary aids and services in the future which today

would not be required because they would be held to impose undue burdens on such entities." H.R. Rep. No. 101-485 (II), at

108. On June 17, 2008, the Department issued a Notice of Proposed Rulemaking (NPRM) to adopt the revised ADA Standards

and, in pertinent part, revise the title III regulation. 73 FR 34508. In that NPRM, the Department stated that it was considering

options under which it might require that movie theater owners or operators exhibit movies that are captioned for patrons who

are deaf or hard of hearing and movies that provide video (narrative) description for patrons who are blind or have low vision.

The Department received numerous comments urging the Department to issue captioning and video description regulations

under the ADA. Rather than using these comments to formulate a final rule, however, the Department decided to issue a

supplemental ANPRM for three main reasons. First, the Department wished to obtain more information regarding several issues

raised by commenters that were not contemplated at the time the 2008 NPRM was published. Second, the Department sought

public comment on several technical questions that arose from the research the Department undertook to address some of the

issues raised by commenters to the original NPRM. Finally, in the two years that 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: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 28 CFR 36 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 42 USC 12101, et seq

Legal Deadline: None

Timetable:

Action Date FR Cite

ANPRM 07/26/2010 75 FR 43467 

ANPRM Comment Period End 01/24/2011 

NPRM 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

 View Related Documents

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

Equipment and Furniture

Abstract: Title II of the ADA applies to services, programs, or activities of public entities within the meaning of 42 U.S.C.

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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, or

fail to remove barriers or make requested reasonable modifications in order to accommodate an individual's disability, unless

barrier removal is not readily achievable or a modification would fundamentally alter the nature of the business (see 28 CFR

36.304 [barrier removal] and 36.302[a][reasonable modification]). Public accommodations also must ensure that no individuals

with disabilities are excluded, denied services, segregated or otherwise treated differently from other individuals because of the

absence of auxiliary aids and services, unless taking such steps would fundamentally alter the nature of the goods, services,

facilities, privileges, advantages, or accommodations being offered or result in an undue burden (28 CFR 36.303[a]). Some types

of equipment and furniture are covered specifically by the Department's adoption of the 1991 ADAAG as the ADA Standards for

Accessible Design. Equipment and furniture may also be covered by other regulatory provisions including reasonable

modifications, 28 CFR 36.302; auxiliary aids, 28 CFR 36.303; and barrier removal, 28 CFR 36.304. While some types of fixed

equipment and furniture are explicitly covered by the 1991 Standards, there are no specific provisions in the regulations

governing the accessibility of equipment and furniture that are not fixed. See 28 CFR pt. 36, app. A. (Automatic Teller Machines

(ATMs) and Fixed or Built-in Seating or Tables). To the extent that the ADA standards apply requirements for fixed equipment

and furniture, the Department will look to those standards for guidance on accessibility standards for equipment and furniture

that are not fixed. Accessible equipment and furniture is often critical to an entity's ability to provide a person with a disability

equal access to its services. Changes in technology have resulted in the development and improved availability of accessible

equipment and furniture that benefit individuals with disabilities. Consequently, it is easier now to specify appropriate

accessibility standards for such equipment and furniture, as the Access Board has done for several types of fixed equipment

and furniture, including ATMs, washing machines, dryers, tables, benches, and vending machines. See sections 903, 902, 707,

611, and 228 of the ADA/ABA Accessibility Guidelines.

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: 42 USC 12101 et seq

Legal Deadline: None

Timetable:

Action Date FR Cite

ANPRM 07/26/2010 75 FR 43452 

ANPRM Comment Period End 01/24/2011 

NPRM 12/00/2011 

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-AA51

 View Related Documents

Title: Amendments to the Procedures for the Administration of Section 5 of the Voting Rights Act of 1965

Abstract: Section 5 of the Voting Rights Act of 1965 requires certain States and their political subdivisions (covered

jurisdictions) to obtain "preclearance" from the Federal Government of proposed changes in voting practices and procedures

prior to their implementation. Preclearance may be obtained either through litigation in the United States District Court for the

District of Columbia or administratively from the Attorney General. In 1971, the Department first issued procedures for the

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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 1973(a)(c); 42 USC 1973(c)

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 06/11/2010 75 FR 33205 

NPRM Comment Period End 08/10/2010 

Final Action 06/00/2011 

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

 View Related Documents

Title: Implementation of the Provisions of the Voting Rights Act Regarding Language Minority Groups

Abstract: The language minority provisions of the Voting Rights Act, sections 4(f)(4) and 203, require that certain States and

political subdivisions of States (covered jurisdictions) provide materials and information about elections and voting in one or

more languages other than English. Under section 203, coverage determinations are based on Census data, made by the

Director of the Census, become effective upon publication in the Federal Register, and are not subject to judicial review. In

1976, the Department first issued guidelines on implementation of the language minority provisions of the Voting Rights Act to

assist jurisdictions in understanding how the Department measures compliance and enforces these provisions. A table listing

jurisdictions covered by both section 4(f)(4) and section 203, as well as the language minority group or groups for which each is

covered, is included as an appendix to the guidelines. In subsequent years, the Department has amended these guidelines to

reflect changes enacted in the section 203 coverage formula and new section 203 determinations by the Director of the Census,

which have been made after each decennial census. The last such revisions to the guidelines were published as a final rule

without notice or comment period (58 FR 35371; Jul. 1, 1993). On July 26, 2002, the Director of the Census published in the

Federal Register new section 203 determinations based on 2000 Census data (67 FR 48871; Jul. 26, 2002). The appendix

should be updated to reflect these determinations currently in effect. The section 4(f)(4) determinations have not changed. On

July 27, 2006, the President signed the "Fannie Lou Hamer, Rosa Parks, and Coretta Scott King Voting Rights Act

Reauthorization and Amendments of 2006," Public Law 109-246, 120 Stat. 577, which includes three provisions affecting

section 203 of the Voting Rights Act. In addition, the expiration date for section 4(f)(4) and 203, as well as the identification of

the census data for making section 203 determinations, should be changed to reflect the amendments to the Voting Rights Act

enacted in 2006.

Priority: Other Significant Agenda Stage of Rulemaking: 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 1973(b); 42 USC 1973(j)(d); 42 USC 1973(aa)-1(a) to 1973(aa)-2

Legal Deadline: None

Timetable:

Action Date FR Cite

Final Action 06/00/2011 

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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-AA61

 View Related Documents

Title: Nondiscrimination on the Basis of Disability; Accessibility of Web Services of State and Local Government Entities and

Public Accommodations

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: Long-term Action

Major: No Unfunded Mandates: No

CFR Citation: 28 CFR 35; 28 CFR 36 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 42 USC 12101, et seq

Legal Deadline: None

Timetable:

Action Date FR Cite

ANPRM 07/26/2010 75 FR 43460 

ANPRM Comment Period End 01/24/2011 

NPRM 12/00/2012 

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

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