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 2010 regulatory agenda pursuant to 

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

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

FOR FURTHER INFORMATION CONTACT: 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. 

 The Regulatory Flexibility Act (RFA) requires that, each year, the Department publish a list of those 

regulations that have a significant economic impact upon a substantial number of small entities and are to 

be reviewed under section 610 of the Act during the succeeding 12 months. This edition of the 

Department's regulatory agenda includes two regulations requiring such a review: “Nondiscrimination on 

the Basis of Disability in Public Accommodations and Commercial Facilities” (RIN 1190-AA44) and 

“Nondiscrimination on the Basis of Disability in State and Local Government Services” (RIN 1190-AA46). 

In accordance with the RFA, comments are specifically invited on these regulations. Those comments 

should be addressed to the contact persons listed in the entries for these items. 

Dated: March 10, 2010. 

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Regulations.gov Monday, April 26, 2010 Unified Agenda
NAME: Kevin R. Jones, 

Acting Assistant Attorney General, Office of Legal Policy. 

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The 133 Regulatory Agendas

Legal Activities - PreRule

Title

Regulation 

Identifier 

Number

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

Legal Activities - Proposed Rule

Title

Regulation 

Identifier 

Number

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

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

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

Conforming OVW Grant Programs Regulations to Statutory Changes 1105-AB15

Research Misconduct 1105-AB25

Disclosure or Production of Records or Information 1105-AB27

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

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

Legal Activities - Final Rule

Title

Regulation 

Identifier 

Number

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

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

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

a Department of Justice Task Force 1105-AB21

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

Standards for the Administrative Collection of Claims 1105-AB26

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

by United States Trustees 1105-AB31

Radiation Exposure Compensation Act Regulations: Allowance for Costs and Expenses 1105-AB33

Legal Activities - Long-term Action

Title

Regulation 

Identifier 

Number

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

Predators Act 1105-AA65

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

Protect Our Children Act of 2008 1105-AB32

Federal Bureau of Investigation - Proposed Rule

Title

Regulation 

Identifier 

Number

Expanded Use of NICS To Allow Access by Criminal Justice Agencies To Conduct Background Checks Prior to the

Return of Firearms in Law Enforcement Possession 1110-AA27

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Revisions to Procedures and Fee for the Production of an FBI Identification Record 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

FBI Criminal Justice Information Services Division User Fees 1110-AA26

Records Management Division User Fees 1110-AA29

Federal Bureau of Investigation - Long-term Action

Title

Regulation 

Identifier 

Number

Communications Assistance for Law Enforcement Act: Definitions of "Replaced" and "Significantly Upgraded or

Otherwise Undergone Major Modification" 1110-AA21

Implementation of Sections 104 and 109 of the Communications Assistance for Law Enforcement Act--Notice of Actual

and Maximum Capacity: Paging, MSS, SMR, and ESMR 1110-AA22

Drug Enforcement Administration - Proposed Rule

Title

Regulation 

Identifier 

Number

Chemical Mixtures Containing Listed Forms of Phosphorus 1117-AA66

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

Recognized Indian Tribes 1117-AA97

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

Identification of Institution-Based Individual Practitioners 1117-AB22

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

Chemical 1117-AB24

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

Voluntary Surrender of Certificate of Registration 1117-AB27

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

Drug Enforcement Administration - Final Rule

Title

Regulation 

Identifier 

Number

Electronic Prescriptions for Controlled Substances 1117-AA61

Chemical Mixtures Containing Gamma-Butyrolactone 1117-AA64

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

Removal of Thresholds for the List I Chemicals Ephedrine, Pseudoephedrine, and Phenylpropanolamine 1117-AB10

Record Requirements for Chemical Distributors 1117-AB14

Control of Immediate Precursor Used in the Illicit Manufacture of Fentanyl as a Schedule II Controlled Substance 1117-AB16

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

Correction of Code of Federal Regulations: Removal of Temporary Listing of Benzylfentanyl and Thenylfentanyl as

Controlled Substances 1117-AB26

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Drug Enforcement Administration - Long-term Action

Title

Regulation 

Identifier 

Number

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

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

Drug Enforcement Administration - Completed Action

Title

Regulation 

Identifier 

Number

Information on Foreign Chain of Distribution for Ephedrine, Pseudoephedrine, and Phenylpropanolamine 1117-AB07

Registration Requirements for Importers and Manufactures of Prescription Drug Products Containing Ephedrine,

Pseudoephedrine, or Phenylpropanolamine 1117-AB09

Classification of Three Steroids as Schedule III Anabolic Steroids Under the Controlled Substances Act 1117-AB17

Changes to and Consolidation of DEA Mailing Addresses 1117-AB19

Schedules of Controlled Substances; Table of Excluded Nonnarcotic Products: Nasal Decongestant Inhalers

Manufactured by Classic Pharmaceuticals, LLC 1117-AB23

Bureau of Prisons - Proposed Rule

Title

Regulation 

Identifier 

Number

Administrative Remedy Program--Subpart Revision 1120-AB34

Communication Management Units 1120-AB48

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

Marriages of Inmates Rules Revision 1120-AB53

Classification and Program Review 1120-AB55

Inmate Commissary Account Deposit Procedures 1120-AB56

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

Bureau of Prisons - Final Rule

Title

Regulation 

Identifier 

Number

Literacy Program 1120-AA33

Telephone Regulations and Inmate Financial Responsibility 1120-AA39

Good Conduct Time 1120-AA62

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

Drug Testing Program 1120-AA95

Correspondence: Inspection of Outgoing General Correspondence 1120-AA98

District of Columbia Educational Good Time Credit 1120-AB05

Reduction in Sentence for Medical Reasons 1120-AB10

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

Inmate Discipline--Subpart Revision 1120-AB18

Psychiatric Evaluation and Treatment 1120-AB20

Autopsies 1120-AB26

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

Smoking/No Smoking Areas 1120-AB42

Inmate Furloughs 1120-AB44

Use of Non-Lethal Force: Delegation 1120-AB46

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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

Commutation of Sentence: Technical Change 1120-AB54

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

Bureau of Prisons - Long-term Action

Title

Regulation 

Identifier 

Number

Limited Communication for Terrorist Inmates 1120-AB35

Intake Screening 1120-AB47

Office of Justice Programs - Proposed Rule

Title

Regulation 

Identifier 

Number

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

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

Aimee's Law 1121-AA71

Certification Process for State Capital Counsel Systems; Removal of Final Rule 1121-AA76

Office of Justice Programs - Final Rule

Title

Regulation 

Identifier 

Number

Bulletproof Vest Partnership Grant Acts of 1998 and 2000 1121-AA48

Environmental Impact Review Procedures for the VOI/TIS Grant Program 1121-AA52

Office of Justice Programs - Long-term Action

Title

Regulation 

Identifier 

Number

Criminal Intelligence Systems Operating Policies 1121-AA59

Executive Office for Immigration Review - Proposed Rule

Title

Regulation 

Identifier 

Number

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

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

for Certain Battered Spouses and Children 1125-AA35

International Marriage Brokers 1125-AA45

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

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

Enhancements and Clarifications to the List of Free Legal Services Providers for Aliens Appearing Before the

Immigration Courts 1125-AA62

New Asylum and Withholding Bars for Recruitment or Use of Child Soldiers 1125-AA63

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

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

Counsel 1125-AA68

Executive Office for Immigration Review - Final Rule

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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

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

Administrative Hearing Officer 1125-AA41

Definitions; Fees; Powers and Authority of DHS Officers in Removal Proceedings 1125-AA43

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

Appeals 1125-AA44

Information Relating to Aliens' Duty To Surrender When Ordered Removed From the United States 1125-AA51

Jurisdiction and Venue in Removal Proceedings 1125-AA52

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

Applications for Adjustment of Status 1125-AA55

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

of Decisions as Precedents 1125-AA58

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

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

Executive Office for Immigration Review - Long-term Action

Title

Regulation 

Identifier 

Number

Application of Immigration Regulations to the Commonwealth of the Northern Mariana Islands 1125-AA67

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

Title

Regulation 

Identifier 

Number

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

Agents 1140-AA27

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

Title

Regulation 

Identifier 

Number

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

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

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

Cigarettes or Smokeless Tobacco 1140-AA31

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

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

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

Title

Regulation 

Identifier 

Number

Implementation of the Safe Explosives Act 1140-AA00

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

Residency Requirement for Persons Acquiring Firearms 1140-AA05

Implementation of Public Law 104-208, the Omnibus Consolidated Appropriations Act of 1997, Relating to the

Establishment of a National Repository for Arson and Explosives Information 1140-AA06

Public Law 105-277, Making Omnibus Consolidated and Emergency Supplemental Appropriations for FY 1999 Relating 1140-AA08

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to Firearms Disabilities for Nonimmigrant Aliens

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

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

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

Title

Regulation 

Identifier 

Number

Commerce in Explosives--Storage of Shock Tube With Detonators 1140-AA30

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

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

of Executive Order 12250 1190-AA52

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

Implementation of the ADA Amendments Act of 2008 1190-AA60

Civil Rights Division - Final Rule

Title

Regulation 

Identifier 

Number

Nondiscrimination on the Basis of Disability in Public Accommodations and Commercial Facilities 1190-AA44

Nondiscrimination on the Basis of Disability in State and Local Government Services 1190-AA46

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

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.

The Department is issuing an Advance Notice of Proposed Rulemaking (ANPRM) to solicit public input on the Commission's

proposed national standards and to receive information useful to the Department in publishing a final rule adopting national

standards for the detection, prevention, reduction and punishment of prison rape, as mandated by PREA.

Priority: Other Significant Agenda Stage of Rulemaking: PreRule

Major: No 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 12/00/2010 

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Regulatory Flexibility Analysis

Required: Undetermined Government Levels Affected: Undetermined

Federalism: No

Energy Affected: No

Agency Contact: Robert Hinchman 

Senior Counsel, Office of Legal Policy

Department of Justice

Legal Activities

Room 4252 950 Pennsylvania Avenue NW

Washington , DC 20530 

Phone: 202 514-8059 

FAX: 202 353-2371

E-Mail: robert.hinchman@usdoj.gov

Department of Justice (DOJ) 

Legal Activities ( LA ) RIN: 1105-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

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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 08/00/2010 

NPRM Comment Period End 10/00/2010 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

Agency Contact: John Hieronymus 

Forfeiture Counsel

Department of Justice

Legal Activities

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

Springfield , VA 22152 

Phone: 202 307-7636 

Agency Contact: Stephen Jobe 

Unit Chief, Legal Forfeiture Unit

Department of Justice

Legal Activities

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

Washington , DC 20535 

Phone: 202 324-3000 

Agency Contact: Barry S. Orlow

Associate Chief Counsel

Department of Justice

Legal Activities

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

Washington , DC 20226 

Phone: 202 648-7043 

Agency Contact: James Meade 

Deputy Chief. Legal Policy Unit

Department of Justice

Legal Activities

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

Washington , DC 20530 

Phone: 202 514-1263 

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

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Regulations.gov Monday, April 26, 2010 Unified Agenda
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 08/00/2010 

NPRM Comment Period End 10/00/2010 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Ramona D. Elliott 

General Counsel

Department of Justice

Legal Activities

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

Washington , DC 20530 

Phone: 202 307-1399 

FAX: 202 307-2397

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

Department of Justice (DOJ) 

Legal Activities ( LA ) RIN: 1105-AB15

 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 ) 

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Legal Authority: PL 109-162

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 11/00/2010 

NPRM Comment Period End 01/00/2011 

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

AA67.

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Ms. Marnie Shiels Department of Justice

Legal Activities

Office on Violence Against Women

Washington , DC 20405 

Phone: 202 305-2981 

E-Mail: marnie.shiels@usdoj.gov

Department of Justice (DOJ) 

Legal Activities ( LA ) RIN: 1105-AB25

 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

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 08/00/2010 

NPRM Comment Period End 10/00/2010 

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

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Regulations.gov Monday, April 26, 2010 Unified Agenda
E-Mail: peter.brien@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: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

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

Legal Authority: 5 USC 552; 5 USC 552a

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 09/00/2010 

NPRM Comment Period End 11/00/2010 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Agency Contact: Janice Galli McLeod

Associate Director

Department of Justice

Legal Activities

Office of Information Policy New York Avenue Building, Suite 11050

Washington , DC 20530 

Phone: 202 514-3642 

FAX: 202 514-1009

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

Department of Justice (DOJ) 

Legal Activities ( LA ) RIN: 1105-AB30

 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

13

Regulations.gov Monday, April 26, 2010 Unified Agenda
NPRM 09/00/2010 

NPRM Comment Period End 11/00/2010 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

Agency Contact: Ramona D. Elliott 

General Counsel

Department of Justice

Legal Activities

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

Washington , DC 20530 

Phone: 202 307-1399 

FAX: 202 307-2397

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

Department of Justice (DOJ) 

Legal Activities ( LA ) RIN: 1105-AB35

 View Related Documents

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

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

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

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 09/00/2010 

NPRM Comment Period End 11/00/2010 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Dianne S. Spellberg

Senior Counsel, Civil Division, Torts Branch

Department of Justice

Legal Activities

Room 3144 1425 New York Avenue NW

Washington , DC 20005 

Phone: 202 616-4129 

FAX: 202 616-4313

E-Mail: dianne.spellberg@usdoj.gov

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Regulations.gov Monday, April 26, 2010 Unified Agenda
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 07/00/2010 

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 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

15

Regulations.gov Monday, April 26, 2010 Unified Agenda
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 06/00/2010 

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

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

this RIN has been transferred to RIN 1105-AB31.

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Ramona D. Elliott 

General Counsel

Department of Justice

Legal Activities

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

Washington , DC 20530 

Phone: 202 307-1399 

FAX: 202 307-2397

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

Department of Justice (DOJ) 

Legal Activities ( LA ) RIN: 1105-AB21

 View Related Documents

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

Department of Justice Task Force

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

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

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

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

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

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

Major: No Unfunded Mandates: No

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

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

28 USC 534; 31 USC 3717; 31 USC 9701

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 06/21/2007 72 FR 34205 

NPRM Comment Period End 08/20/2007 

Final Action 09/00/2010 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Robert Hinchman 

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Regulations.gov Monday, April 26, 2010 Unified Agenda
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-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: Final Rule

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 06/00/2010 

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

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: David J. Karp

Senior Counsel

Department of Justice

Legal Activities

Room 4503 950 Pennsylvania Avenue NW

Washington , DC 20530 

Phone: 202 514-3273 

Department of Justice (DOJ) 

Legal Activities ( LA ) RIN: 1105-AB26

 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

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Regulations.gov Monday, April 26, 2010 Unified Agenda
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 

Interim Final Rule Comment Period End 04/07/2008 

Final Action 08/00/2010 

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-AB31

 View Related Documents

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

by United States Trustees

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

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

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

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

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

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

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

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

Legal Authority: 11 USC 111; 28 USC 586

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 11/14/2008 73 FR 67435 

NPRM Comment Period End 01/13/2009 

Final Action 07/00/2010 

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Regulations.gov Monday, April 26, 2010 Unified Agenda
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-AB33

 View Related Documents

Title: Radiation Exposure Compensation Act Regulations: Allowance for Costs and Expenses

Abstract: This rule conforms Department regulations implementing the Radiation Exposure Compensation Act (RECA)

(codified as amended at 42 U.S.C. section 2210 note (2006) to the decision of the Tenth Circuit in the case of Hackwell v.

United States 491 F.3d 1229, 1241 (10th Cir. 2007). The Tenth Circuit held that the plain meaning of "services rendered" in

section 9(a) of the Act revealed Congress's unambiguous intent to exclude "costs incurred" from the attorney fee limitation.

Consequently, the court invalidated section 79.74(b) as "contrary to the RECA's plain language." (See also the District Court

decision on remand: No. 04-cv-00827-EWN, 2008 WL 2900933.) Accordingly, the Department is amending its regulation at 28

CFR 79.74(b) to strike the language "including costs incurred" from the agency's limitation on payments to attorneys

representing claimants under RECA.

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

Major: Undetermined Unfunded Mandates: No

CFR Citation: 28 CFR 79 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 42 USC 2210 note (2006) Radiation Exposure Compensation Act

Legal Deadline: None

Timetable:

Action Date FR Cite

Final Action 06/00/2010 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Dianne S. Spellberg

Senior Counsel, Civil Division, Torts Branch

Department of Justice

Legal Activities

Room 3144 1425 New York Avenue NW

Washington , DC 20005 

Phone: 202 616-4129 

FAX: 202 616-4313

E-Mail: dianne.spellberg@usdoj.gov

Department of Justice (DOJ) 

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Regulations.gov Monday, April 26, 2010 Unified Agenda
Legal Activities ( LA ) RIN: 1105-AA65

 View Related Documents

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

Predators Act

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

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

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

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

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

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

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

Act, 2000, Public Law 106-113, 113 Stat. 1501, Congress amended 42 U.S.C. 13032 to require providers to report such

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

report to a law enforcement agency or agencies designated by the Attorney General. As amended by the Prosecutorial

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

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

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

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

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

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

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

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

agencies and to the providers making the reports.

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

Major: No Unfunded Mandates: No

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

Legal Authority: 42 USC 13032

Legal Deadline: 

Action Source Description Date

NPRM Statutory 04/28/1999 

Timetable:

Action Date FR Cite

Final Action 00/00/0000 

NPRM 05/26/1999 64 FR 28422 

NPRM Comment Period End 07/26/1999 

Interim Final Rule 11/04/2003 68 FR 62370 

Interim Final Rule Effective 12/04/2003 

Interim Final Rule Comment Period End 01/05/2004 

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal

Federalism: No

Agency Contact: Andrew Oosterbaan 

Chief, Child Exploitation and Obscenity Section

Department of Justice

Legal Activities

Suite 600 1400 New York Avenue NW

Washington , DC 20530 

Phone: 202 514-5780 

FAX: 202 514-1793

Department of Justice (DOJ) 

Legal Activities ( LA ) RIN: 1105-AB32

 View Related Documents

20

Regulations.gov Monday, April 26, 2010 Unified Agenda
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

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) 

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

 View Related Documents

Title: Expanded Use of NICS To Allow Access by Criminal Justice Agencies To Conduct Background Checks Prior to the

Return of Firearms in Law Enforcement Possession

Abstract: Currently, access to the National Instant Criminal Background Check System (NICS) index for non-Brady Act

reasons is limited to two purposes: 1) For the issuance of firearm-related or explosives-related permits or licenses and 2) to

respond to Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) inquiries relating to the Gun Control Act or the National

21

Regulations.gov Monday, April 26, 2010 Unified Agenda
Firearms Act. This rule amends FBI regulations to authorize criminal justice agencies to access the NICS Index to conduct

background checks for the purpose of returning firearms in the possession of a law enforcement or criminal justice agency,

including returning a firearm to a family member in suicide cases.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

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

Legal Authority: PL 103-159

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 05/00/2010 

NPRM Comment Period End 08/00/2010 

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: Revisions to Procedures and Fee for the Production of an FBI Identification Record

Abstract: The revisions to section 16.32 will allow requests to be transmitted to the FBI by means other than the U.S. mail;

will expand the types of satisfactory proof of identity, when such proof is available and appropriate; and will authorize the FBI to

accept additional methods of payment. To be consistent with the purpose and scope of the procedure, as set out in section

16.30, the revised section will also clarify that the FBI will return such records only to the subject or to the subject's attorney of

record. Section 16.33 will be revised to establish the fee under 31 U.S.C. 9701 and to explain that, with calculation of the fee

under OMB's Circular A-25, the revised fee reflects the full cost to the FBI for providing this service.

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 04/00/2010 

NPRM Comment Period End 07/00/2010 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Gary Barron 

Compact Officer

22

Regulations.gov Monday, April 26, 2010 Unified Agenda
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

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 08/00/2010 

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

23

Regulations.gov Monday, April 26, 2010 Unified Agenda
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 07/00/2010 

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

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: M. McIntyre Sundin

Unit Chief

Department of Justice

Federal Bureau of Investigation

1000 Custer Hollow Road

Clarksburg , WV 26306 

Phone: 304 625-2000 

FAX: 304 625-3944

E-Mail: enexreg@leo.gov

Department of Justice (DOJ) 

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

 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:

24

Regulations.gov Monday, April 26, 2010 Unified Agenda
Action Date FR Cite

NPRM 01/23/2007 72 FR 2817 

NPRM Comment Period End 03/26/2007 

Final Action 11/00/2010 

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

Tribal

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: M. McIntyre Sundin

Unit Chief

Department of Justice

Federal Bureau of Investigation

1000 Custer Hollow Road

Clarksburg , WV 26306 

Phone: 304 625-2000 

FAX: 304 625-3944

E-Mail: enexreg@leo.gov

Department of Justice (DOJ) 

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

 View Related Documents

Title: Inclusion of Nonserious Offense Identification Records

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

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

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

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

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

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

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

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

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

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

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

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

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

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

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 09/05/2006 71 FR 52302 

NPRM Comment Period End 11/06/2006 

Final Action 08/00/2010 

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

25

Regulations.gov Monday, April 26, 2010 Unified Agenda
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-AA26

 View Related Documents

Title: FBI Criminal Justice Information Services Division User Fees

Abstract: Under Public Law 101-515, the FBI has the authority to establish and collect fees for fingerprint based criminal

history record information (CHRI) checks and other identification services submitted by authorized users for noncriminal justice

purposes including employment and licensing. This rule: 1) Revises the fees the FBI charges for performing these checks and

services; 2) explains the methodology used to calculate the FBI's revised fee schedule; and 3) establishes a structure by which

future fee adjustments for these checks and services will be made by a Notice published in the Federal Register.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

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

Legal Authority: PL 101-515; 28 USC 534, notes

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 06/19/2008 73 FR 34905 

NPRM Comment Period End 08/18/2008 

Final Action 06/00/2010 

Regulatory Flexibility Analysis Required: No Government Levels Affected: Undetermined

Federalism: No

Energy Affected: No

Agency Contact: Christopher L. Enourato

Section Chief

Department of Justice

Federal Bureau of Investigation

Module E-3 1000 Custer Hollow Road

Clarskburg , WV 26306 

Phone: 304 625-2000 

E-Mail: cenourato@leo.gov

Department of Justice (DOJ) 

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.

26

Regulations.gov Monday, April 26, 2010 Unified Agenda
Priority: Other Significant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

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

Legal Authority: PL 101-515; 28 USC 534, note

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 09/26/2008 73 FR 55794 

NPRM Comment Period End 11/25/2008 

Final Action 06/00/2010 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Michael A. Cannon

Section Chief, National Name Check Program

Department of Justice

Federal Bureau of Investigation

Room G-300 1325 G Street NW

Washington , DC 20535 

Phone: 202 220-1198 

Department of Justice (DOJ) 

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

 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 

27

Regulations.gov Monday, April 26, 2010 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

28

Regulations.gov Monday, April 26, 2010 Unified Agenda
date. As a result of the FCC's order, carriers must now be in compliance with section 103 by June 30, 2000. If compliance is not

reasonably achievable through application of available technology, the carrier may petition the FCC for a section 107 extension

of up to 2 years. By subsequent FCC orders, the assistance capability compliance date for packet mode communication is

November 19, 2001, and for the additional capabilities/"punchlist" capabilities is June 30, 2002. Carriers may again petition the

FCC for a section 107 extension. Lastly, as a result of the publication of the Final Notice of Capacity for local exchange, cellular,

and broadband PCS carriers, these carriers must be in compliance with section 104 by March 12, 2001. This rulemaking 1110-

AA22 continues the rulemaking previously listed as "child" RIN 1110-AA13 under "parent" RIN 1110-AA00. This rulemaking has

been transferred to RIN 1110-AA22 because the computer system used by the Regulatory Information Service Center (RISC) to

compile the Unified Agenda no longer supports "parent" and "child" RINs. This rulemaking is not a new action. (For other

CALEA-related rulemakings, see RINs 1110-AA10 and 1110-AA21.)

Regulatory Flexibility Analysis

Required: Undetermined Government Levels Affected: No

Federalism: No

Energy Affected: No

Agency Contact: MaryBeth Paglino Department of Justice

Federal Bureau of Investigation

Engineering Research Facility (ERF) FBI Academy Building 27958A

Quantico , VA 22135 

Phone: 703 632-6946 

FAX: 703 632-6855

Department of Justice (DOJ) 

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: 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 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 06/00/2010 

NPRM Comment Period End 08/00/2010 

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-

29

Regulations.gov Monday, April 26, 2010 Unified Agenda
AA57

Agency Contact: Mark W. Caverly

Chief, Liaison and Policy Section

Department of Justice

Drug Enforcement Administration

8701 Morrissette Drive

Springfield , VA 22152 

Phone: 202 307-7297 

E-Mail: dea.diversion.policy@usdoj.gov

Department of Justice (DOJ) 

Drug Enforcement Administration ( DEA ) RIN: 1117-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 11/00/2010 

NPRM Comment Period End 12/00/2010 

Additional Information: Docket DEA-268

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Public Comment URL: www.deadiversion.usdoj.gov

Agency Contact: Mark W. Caverly

Chief, Liaison and Policy Section

Department of Justice

Drug Enforcement Administration

8701 Morrissette Drive

Springfield , VA 22152 

Phone: 202 307-7297 

E-Mail: dea.diversion.policy@usdoj.gov

Department of Justice (DOJ) 

Drug Enforcement Administration ( DEA ) RIN: 1117-AB21

30

Regulations.gov Monday, April 26, 2010 Unified Agenda
 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 09/00/2010 

Additional Information: Docket Number DEA-324

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

Energy Affected: No

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

Agency Contact: Mark W. Caverly

Chief, Liaison and Policy Section

Department of Justice

Drug Enforcement Administration

8701 Morrissette Drive

Springfield , VA 22152 

Phone: 202 307-7297 

E-Mail: dea.diversion.policy@usdoj.gov

Department of Justice (DOJ) 

Drug Enforcement Administration ( DEA ) RIN: 1117-AB22

 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

31

Regulations.gov Monday, April 26, 2010 Unified Agenda
ANPRM 09/09/2009 74 FR 46396 

ANPRM Comment Period End 11/09/2009 

NPRM 01/00/2011 

NPRM Comment Period End 03/00/2011 

Additional Information: Docket Number DEA-321

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

Energy Affected: No

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

Agency Contact: Mark W. Caverly

Chief, Liaison and Policy Section

Department of Justice

Drug Enforcement Administration

8701 Morrissette Drive

Springfield , VA 22152 

Phone: 202 307-7297 

E-Mail: dea.diversion.policy@usdoj.gov

Department of Justice (DOJ) 

Drug Enforcement Administration ( DEA ) RIN: 1117-AB24

 View Related Documents

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: 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(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 

Additional Information: Docket Number DEA-320

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

Energy Affected: No

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

Agency Contact: Mark W. Caverly

Chief, Liaison and Policy Section

Department of Justice

Drug Enforcement Administration

8701 Morrissette Drive

Springfield , VA 22152 

Phone: 202 307-7297 

E-Mail: dea.diversion.policy@usdoj.gov

32

Regulations.gov Monday, April 26, 2010 Unified Agenda
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: Proposed Rule

Major: No Unfunded Mandates: No

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

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

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 03/23/2010 75 FR 13702 

NPRM Comment Period End 05/24/2010 

Final Action 11/00/2011 

Additional Information: Docket number DEA-328

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

Energy Affected: No

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

Agency Contact: Mark W. Caverly

Chief, Liaison and Policy Section

Department of Justice

Drug Enforcement Administration

8701 Morrissette Drive

Springfield , VA 22152 

Phone: 202 307-7297 

E-Mail: dea.diversion.policy@usdoj.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 and 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: Proposed Rule

Major: No Unfunded Mandates: No

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

Legal Authority: 21 USC 821; 21 USC 822; 21 USC 823; 21 USC 824; 21 USC 831; 21 USC 871 (b); 21 USC 875; 21

USC 877; 21 USC 886a; 21 USC 951; 21 USC 952; 21 USC 953; 21 USC 956; 21 USC 957; 21 USC 958; 21 USC 830

Legal Deadline: None

33

Regulations.gov Monday, April 26, 2010 Unified Agenda
Timetable:

Action Date FR Cite

NPRM 05/00/2010 

NPRM Comment Period End 06/00/2010 

Additional Information: Docket number DEA-304

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

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

Agency Contact: Mark W. Caverly

Chief, Liaison and Policy Section

Department of Justice

Drug Enforcement Administration

8701 Morrissette Drive

Springfield , VA 22152 

Phone: 202 307-7297 

E-Mail: dea.diversion.policy@usdoj.gov

Department of Justice (DOJ) 

Drug Enforcement Administration ( DEA ) RIN: 1117-AB28

 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: Proposed Rule

Major: No Unfunded Mandates: No

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

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

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 03/30/2010 75 FR 15642 

NPRM Comment Period End 04/29/2010 

Final Action 10/00/2011 

Additional Information: DEA-335

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

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

Agency Contact: Mark W. Caverly

Chief, Liaison and Policy Section

Department of Justice

Drug Enforcement Administration

8701 Morrissette Drive

Springfield , VA 22152 

Phone: 202 307-7297 

E-Mail: dea.diversion.policy@usdoj.gov

34

Regulations.gov Monday, April 26, 2010 Unified Agenda
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 08/00/2011 

Additional Information: DEA-218

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

Public Comment URL: www.deadiversion.usdoj.gov

Agency Contact: Mark W. Caverly

Chief, Liaison and Policy Section

Department of Justice

Drug Enforcement Administration

8701 Morrissette Drive

Springfield , VA 22152 

Phone: 202 307-7297 

E-Mail: dea.diversion.policy@usdoj.gov

Department of Justice (DOJ) 

Drug Enforcement Administration ( DEA ) RIN: 1117-AA64

 View Related Documents

Title: Chemical Mixtures Containing Gamma-Butyrolactone

Abstract: In previous rulemakings, DEA made gamma-butyrolactone (GBL) a List I chemical and established thresholds for

transactions involving this chemical. This rule establishes a concentration limit for chemical mixtures containing GBL. Currently,

35

Regulations.gov Monday, April 26, 2010 Unified Agenda
all chemical mixtures containing GBL are exempt from regulation. These mixtures will remain exempt until publication of a final

rule. GBL is used in the illicit manufacture of gamma-hydroxybutyric acid (GHB), a Schedule I controlled substance.

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 07/19/2002 67 FR 47493 

Correction 08/19/2002 67 FR 53842 

Correction 09/05/2002 67 FR 56776 

ANPRM Comment Period End 09/17/2002 

NPRM 11/12/2008 73 FR 66815 

NPRM Comment Period End 01/12/2009 

Final Action 07/00/2010 

Final Action Effective 08/00/2010 

Additional Information: DEA-222

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Public Comment URL: www.deadiversion.usdoj.gov

Related RINs: Related to 1117-AA31

Agency Contact: Mark W. Caverly

Chief, Liaison and Policy Section

Department of Justice

Drug Enforcement Administration

8701 Morrissette Drive

Springfield , VA 22152 

Phone: 202 307-7297 

E-Mail: dea.diversion.policy@usdoj.gov

Department of Justice (DOJ) 

Drug Enforcement Administration ( DEA ) RIN: 1117-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 

36

Regulations.gov Monday, April 26, 2010 Unified Agenda
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 12/00/2010 

Final Action Effective 01/00/2011 

Additional Information: Docket DEA-291

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Public Comment URL: www.regulations.gov

Agency Contact: Mark W. Caverly

Chief, Liaison and Policy Section

Department of Justice

Drug Enforcement Administration

8701 Morrissette Drive

Springfield , VA 22152 

Phone: 202 307-7297 

E-Mail: dea.diversion.policy@usdoj.gov

Department of Justice (DOJ) 

Drug Enforcement Administration ( DEA ) RIN: 1117-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 01/00/2011 

Additional Information: Docket DEA-292

37

Regulations.gov Monday, April 26, 2010 Unified Agenda
Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

RIN Information URL: www.regulations.gov

Agency Contact: Mark W. Caverly

Chief, Liaison and Policy Section

Department of Justice

Drug Enforcement Administration

8701 Morrissette Drive

Springfield , VA 22152 

Phone: 202 307-7297 

E-Mail: dea.diversion.policy@usdoj.gov

Department of Justice (DOJ) 

Drug Enforcement Administration ( DEA ) RIN: 1117-AB10

 View Related Documents

Title: Removal of Thresholds for the List I Chemicals Ephedrine, Pseudoephedrine, and Phenylpropanolamine

Abstract: This rule removes domestic, import, and export thresholds for the List I chemicals ephedrine, pseudoephedrine,

and phenylpropanolamine. This action is being taken both to implement the quota provisions of the Combat Methamphetamine

Epidemic Act of 2005 and due to the potential for diversion of these List I Chemicals.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

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

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

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 11/20/2007 72 65248

NPRM Comment Period End 01/22/2008 

Final Action 07/00/2010 

Additional Information: Docket DEA-296

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Public Comment URL: www.regulations.gov

Related RINs: Related to 1117-AB08

Agency Contact: Mark W. Caverly

Chief, Liaison and Policy Section

Department of Justice

Drug Enforcement Administration

8701 Morrissette Drive

Springfield , VA 22152 

Phone: 202 307-7297 

E-Mail: dea.diversion.policy@usdoj.gov

Department of Justice (DOJ) 

Drug Enforcement Administration ( DEA ) RIN: 1117-AB14

 View Related Documents

38

Regulations.gov Monday, April 26, 2010 Unified Agenda
Title: Record Requirements for Chemical Distributors

Abstract: In March 2006, Congress enacted the Combat Methamphetamine Epidemic Act of 2005, which mandates that

regulated sellers of scheduled listed chemical products self-certify with DEA before they are allowed to sell these products at

retail. DEA is revising its recordkeeping requirements to include a requirement that manufacturers, distributors, and importers

obtain and maintain the certification number issued by DEA to regulated sellers in their records of sales. This change will 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: Final Rule

Major: No Unfunded Mandates: No

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

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

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 09/21/2007 72 FR 53973 

NPRM Comment Period End 11/20/2007 

Final Action 12/00/2010 

Additional Information: Docket No. DEA-302

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Public Comment URL: www.deadiversion.usdoj.gov

Agency Contact: Mark W. Caverly

Chief, Liaison and Policy Section

Department of Justice

Drug Enforcement Administration

8701 Morrissette Drive

Springfield , VA 22152 

Phone: 202 307-7297 

E-Mail: dea.diversion.policy@usdoj.gov

Department of Justice (DOJ) 

Drug Enforcement Administration ( DEA ) RIN: 1117-AB16

 View Related Documents

Title: Control of Immediate Precursor Used in the Illicit Manufacture of Fentanyl as a Schedule II Controlled Substance

Abstract: The Drug Enforcement Administration is designating the precursor chemical, 4-anilino-N-phenethyl-4-piperidine

(ANPP) as an immediate precursor for the Schedule II controlled substance, fentanyl. Further, DEA is controlling ANPP as a

Schedule II controlled substance under the Controlled Substances Act. ANPP is the immediate chemical intermediary in the

synthesis process currently used by clandestine laboratory operators for the illicit manufacture of the Schedule II controlled

substance fentanyl.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

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

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

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 04/09/2008 73 FR 19175 

39

Regulations.gov Monday, April 26, 2010 Unified Agenda
NPRM Comment Period End 06/09/2008 

Final Action 09/00/2010 

Additional Information: Docket No. DEA-305

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

Energy Affected: No

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

Agency Contact: Christine A. Sannerud Ph.D.

Chief, Drug and Chemical Evaluation Section, Office of Diversion Control

Department of Justice

Drug Enforcement Administration

8701 Morrissette Drive

Washington , DC 20537 

Phone: 202 307-7183 

Department of Justice (DOJ) 

Drug Enforcement Administration ( DEA ) RIN: 1117-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 is hereby issuing an interim rule

to amend its regulations to implement the legislation and is requesting comments on the interim rule.

Priority: Other Significant Agenda Stage of Rulemaking: 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

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 01/00/2011 

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

40

Regulations.gov Monday, April 26, 2010 Unified Agenda
Agency Contact: Mark W. Caverly 

Chief, Liaison and Policy Section

Department of Justice

Drug Enforcement Administration

8701 Morrissette Drive

Springfield , VA 22152 

Phone: 202 307-7297 

E-Mail: dea.diversion.policy@usdoj.gov

Department of Justice (DOJ) 

Drug Enforcement Administration ( DEA ) RIN: 1117-AB26

 View Related Documents

Title: Correction of Code of Federal Regulations: Removal of Temporary Listing of Benzylfentanyl and Thenylfentanyl as

Controlled Substances

Abstract: This rulemaking corrects 21 CFR 1308.11 by removing 21 CFR 1308.11(g)(1)and (g)(2) which list the substances

benzylfentanyl and thenylfentanyl as being temporarily subject to schedule I controls under the emergency scheduling provisions

of the Controlled Substances Act. The temporary scheduling of benzylfentanyl and thenylfentanyl expired on November 29,1986.

DEA determined that these compounds were both essentially inactive, with no evidence of abuse potential. As such, these

compounds are no longer schedule I controlled substances and all references to these compounds are being deleted from 21

CFR 1308.11.

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

Major: Undetermined Unfunded Mandates: No

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

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

Legal Deadline: None

Timetable:

Action Date FR Cite

Final Action 10/00/2010 

Additional Information: Docket number DEA-313

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

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

Agency Contact: Mark W. Caverly

Chief, Liaison and Policy Section

Department of Justice

Drug Enforcement Administration

8701 Morrissette Drive

Springfield , VA 22152 

Phone: 202 307-7297 

E-Mail: dea.diversion.policy@usdoj.gov

Department of Justice (DOJ) 

Drug Enforcement Administration ( DEA ) RIN: 1117-AA62

 View Related Documents

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

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

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

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

41

Regulations.gov Monday, April 26, 2010 Unified Agenda
large quantities of these products at the wholesale level. DEA drafted a rule to require that manufacturers, distributors,

importers, and exporters of pseudoephedrine, ephedrine, and phenylpropanolamine implement security procedures similar to

those of Schedule III-V controlled substances to prevent the theft and diversion of these List I chemicals. These procedures

include the storage of substances in a secure safe or steel cabinet, cage, or room, and installation of a monitored alarm system

linked to a central location. DEA also sought input regarding alternative means to effectively prevent the theft and diversion of

these products.

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

Major: No Unfunded Mandates: No

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

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

Legal Deadline: None

Timetable:

Action Date FR Cite

Final Action 00/00/0000 

NPRM 07/30/2004 69 FR 45616 

NPRM Comment Period End 10/28/2004 

Additional Information: DEA-211

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

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

Agency Contact: Mark W. Caverly

Chief, Liaison and Policy Section

Department of Justice

Drug Enforcement Administration

8701 Morrissette Drive

Springfield , VA 22152 

Phone: 202 307-7297 

E-Mail: dea.diversion.policy@usdoj.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: Long-term Action

Major: No Unfunded Mandates: No

CFR Citation: 21 CFR 1300; 21 CFR 1301; 21 CFR 1304; 21 CFR 1305; 21 CFR 1307; ... (To search for a specific CFR,

visit the Code of Federal Regulations ) 

Legal Authority: 21 USC 871(b)

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 00/00/0000 

ANPRM 01/21/2009 74 FR 3480 

ANPRM Comment Period End 03/23/2009 

42

Regulations.gov Monday, April 26, 2010 Unified Agenda
Additional Information: Docket Number DEA-316

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

Energy Affected: No

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

Agency Contact: Mark W. Caverly

Chief, Liaison and Policy Section

Department of Justice

Drug Enforcement Administration

8701 Morrissette Drive

Springfield , VA 22152 

Phone: 202 307-7297 

E-Mail: dea.diversion.policy@usdoj.gov

Department of Justice (DOJ) 

Drug Enforcement Administration ( DEA ) RIN: 1117-AB07

 View Related Documents

Title: Information on Foreign Chain of Distribution for Ephedrine, Pseudoephedrine, and Phenylpropanolamine

Abstract: The Combat Methamphetamine Epidemic Act of 2005, which was enacted on March 9, 2006, requires DEA to

collect from importers of ephedrine, pseudoephedrine, and phenylpropanolamine all information known to the importer on the

chain of distribution of the chemical from the manufacturer to the importer. DEA is amending its regulations to incorporate the

requirement for this information into the import declaration.

Priority: Other Significant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 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 970

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 03/31/2008 73 FR 16793 

NPRM Comment Period End 05/30/2008 

Final Action 03/05/2010 75 FR 10168 

Final Action Effective 05/04/2010 

Additional Information: Docket DEA-295

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

RIN Information URL: www.regulations.com

Agency Contact: Mark W. Caverly

Chief, Liaison and Policy Section

Department of Justice

Drug Enforcement Administration

8701 Morrissette Drive

Springfield , VA 22152 

Phone: 202 307-7297 

E-Mail: dea.diversion.policy@usdoj.gov

Department of Justice (DOJ) 

43

Regulations.gov Monday, April 26, 2010 Unified Agenda
Drug Enforcement Administration ( DEA ) RIN: 1117-AB09

 View Related Documents

Title: Registration Requirements for Importers and Manufactures of Prescription Drug Products Containing Ephedrine,

Pseudoephedrine, or Phenylpropanolamine

Abstract: This rule supports those rules implementing the Combat Methamphetamine Epidemic Act of 2005 (title VII, Pub. L.

109-177) by ensuring that every location that manufactures the List I chemicals ephedrine, pseudoephedrine, or

phenylpropanolamine, or a drug product containing ephedrine, pseudoephedrine, or phenylpropanolamine, is registered with the

DEA to conduct this activity.

Priority: Other Significant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

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

Legal Authority: 21 USC 821 to 824; 21 USC 830; 21 USC 871(b); 21 USC 875; 21 USC 877; 21 USC 958

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 01/18/2008 73 FR 3432 

NPRM Comment Period End 03/18/2008 

Final Action 02/01/2010 75 FR 4973 

Final Action Effective 03/03/2010 

Additional Information: Docket DEA-294

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Public Comment URL: www.regulations.gov

Related RINs: Related to 1117-AB08

Agency Contact: Mark W. Caverly

Chief, Liaison and Policy Section

Department of Justice

Drug Enforcement Administration

8701 Morrissette Drive

Springfield , VA 22152 

Phone: 202 307-7297 

E-Mail: dea.diversion.policy@usdoj.gov

Department of Justice (DOJ) 

Drug Enforcement Administration ( DEA ) RIN: 1117-AB17

 View Related Documents

Title: Classification of Three Steroids as Schedule III Anabolic Steroids Under the Controlled Substances Act

Abstract: This rule classifies the following three steroids as “anabolic steroids” under the Controlled Substances Act (CSA):

Boldione, desoxymethyltestosterone, and 19-nor-4,9(10)-androstadienedione. The Drug Enforcement Administration (DEA)

believes that this action is necessary in order to prevent the abuse and trafficking of these steroids.

Priority: Other Significant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

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

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

Legal Deadline: None

Timetable:

44

Regulations.gov Monday, April 26, 2010 Unified Agenda
Action Date FR Cite

NPRM 04/25/2008 73 FR 22294 

NPRM Comment Period End 06/24/2008 

Final Action 12/04/2009 74 FR 63603 

Final Action Effective 01/04/2010 

Additional Information: Docket Number DEA-285

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Agency Contact: Christine A. Sannerud Ph.D.

Chief, Drug and Chemical Evaluation Section, Office of Diversion Control

Department of Justice

Drug Enforcement Administration

8701 Morrissette Drive

Washington , DC 20537 

Phone: 202 307-7183 

Department of Justice (DOJ) 

Drug Enforcement Administration ( DEA ) RIN: 1117-AB19

 View Related Documents

Title: Changes to and Consolidation of DEA Mailing Addresses

Abstract: The Drug Enforcement Administration is amending title 21 of the Code of Federal Regulations to replace DEA

mailing addresses with the DEA web site address, which will contain a list of appropriate mailing addresses. DEA is making this

change to the CFR to ensure registrants have the most current and accurate information, reduce administrative costs, and

facilitate future address changes. A general statement directing persons to the DEA web site is being provided in place of

specific mailing addresses.

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

Major: No Unfunded Mandates: No

CFR Citation: 21 CFR 1301; 21 CFR 1303; 21 CFR 1304; 21 CFR 1306; 21 CFR 1307; 21 CFR 1308; 21 CFR 1309; 21

CFR 1310; 21 CFR 1312; 21 CFR 1313; 21 CFR 1314; 21 CFR 1315; 21 CFR 1316; ... (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

Final Action Effective 03/09/2010 

Final Action 03/09/2010 75 FR 10671 

Additional Information: Docket Number DEA-312

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

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

Agency Contact: Mark W. Caverly

Chief, Liaison and Policy Section

Department of Justice

Drug Enforcement Administration

8701 Morrissette Drive

Springfield , VA 22152 

Phone: 202 307-7297 

E-Mail: dea.diversion.policy@usdoj.gov

45

Regulations.gov Monday, April 26, 2010 Unified Agenda
Department of Justice (DOJ) 

Drug Enforcement Administration ( DEA ) RIN: 1117-AB23

 View Related Documents

Title: Schedules of Controlled Substances; Table of Excluded Nonnarcotic Products: Nasal Decongestant Inhalers

Manufactured by Classic Pharmaceuticals, LLC

Abstract: The Drug Enforcement Administration is updating the Table of Excluded Nonnarcotic Products found in 21 CFR

1308.22 to include the Nasal Decongestant Inhaler/Vapor Inhaler (containing 50 mg Levmetamfetamine) manufactured by

Classic Pharmaceuticals, LLC and marketed under various private labels (to include the "Premier Value" and "Kroger" labels).

This nonnarcotic drug product, which may be lawfully sold over the counter without a prescription under the Federal Food, Drug,

and Cosmetic Act is excluded from provisions of the Controlled Substances Act.

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

Major: No Unfunded Mandates: No

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

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

Legal Deadline: None

Timetable:

Action Date FR Cite

Interim Final Rule Effective 08/28/2009 

Interim Final Rule 08/28/2009 74 FR 44281 

Interim Final Rule Comment Period End 10/27/2009 

Final Action 03/23/2010 75 FR 13678 

Additional Information: Docket Number DEA-329

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

Energy Affected: No

RIN Information

URL: www.deadiversion.usdoj.gov/index.html

Public Comment

URL: www.regulations.gov/search/index.jsp

Agency Contact: Christine A. Sannerud Ph.D.

Chief, Drug and Chemical Evaluation Section, Office of Diversion Control

Department of Justice

Drug Enforcement Administration

8701 Morrissette Drive

Washington , DC 20537 

Phone: 202 307-7183 

Department of Justice (DOJ) 

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

46

Regulations.gov Monday, April 26, 2010 Unified Agenda
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 10/00/2010 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Sarah N. Qureshi 

Rules Administrator

Department of Justice

Bureau of Prisons

HOLC Building 320 First Street NW

Washington , DC 20534 

Phone: 202 307-2105 

FAX: 202 305-4577

E-Mail: squreshi@bop.gov

Department of Justice (DOJ) 

Bureau of Prisons ( BOP ) RIN: 1120-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: Proposed Rule

Major: No Unfunded Mandates: No

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

Legal Authority: 18 USC 4001, 4042, 4942, 4081, 4082 (Repealed in part as to conduct occurring on or after November 1,

1987); 18 USC 5006 to 5024 (Repealed October 12, 1984, as to conduct occurring after that date); 18 USC 5039; 5 USC 301,

551, 552a; 18 USC ch 113b and 115, 1791, 3621, 3622, 3624

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 05/00/2010 

NPRM Comment Period End 07/00/2010 

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

47

Regulations.gov Monday, April 26, 2010 Unified Agenda
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: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 28 CFR 545 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 5 USC 301; 28 USC 509 and 510; 18 USC 3013, 3571, 3572, 3621, 3622, 3624, 3663, 4001, 4042, 4081,

4082 (Repealed in part as to offenses committed on or after November 1, 1987), and 4126; 18 USC 5006 to 5024 (Repealed

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

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 03/03/2010 75 FR 9544 

NPRM Comment Period End 05/03/2010 

Final Action 12/00/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Sarah N. Qureshi 

Rules Administrator

Department of Justice

Bureau of Prisons

HOLC Building 320 First Street NW

Washington , DC 20534 

Phone: 202 307-2105 

FAX: 202 305-4577

E-Mail: squreshi@bop.gov

Department of Justice (DOJ) 

Bureau of Prisons ( BOP ) RIN: 1120-AB53

 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

48

Regulations.gov Monday, April 26, 2010 Unified Agenda
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 09/00/2010 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Sarah N. Qureshi 

Rules Administrator

Department of Justice

Bureau of Prisons

HOLC Building 320 First Street NW

Washington , DC 20534 

Phone: 202 307-2105 

FAX: 202 305-4577

E-Mail: squreshi@bop.gov

Department of Justice (DOJ) 

Bureau of Prisons ( BOP ) RIN: 1120-AB55

 View Related Documents

Title: Classification and Program Review

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

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

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

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

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

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

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

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

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

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

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

Major: No Unfunded Mandates: No

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

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

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

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

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 10/00/2010 

NPRM Comment Period End 12/00/2010 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Sarah N. Qureshi 

Rules Administrator

Department of Justice

49

Regulations.gov Monday, April 26, 2010 Unified Agenda
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 06/00/2010 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Sarah N. Qureshi 

Rules Administrator

Department of Justice

Bureau of Prisons

HOLC Building 320 First Street NW

Washington , DC 20534 

Phone: 202 307-2105 

FAX: 202 305-4577

E-Mail: squreshi@bop.gov

Department of Justice (DOJ) 

Bureau of Prisons ( BOP ) RIN: 1120-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: Proposed Rule

50

Regulations.gov Monday, April 26, 2010 Unified Agenda
Major: No Unfunded Mandates: No

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

Legal Authority: 5 USC 301; 13 USC; 18 USC 3621, 3622, 3624, 4001, 4042, 4942, 4081, 4082 (Repealed in part as to

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

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 03/23/2010 75 FR 13705 

NPRM Comment Period End 05/24/2010 

Final Action 12/00/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Sarah N. Qureshi 

Rules Administrator

Department of 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 07/00/2010 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Agency Contact: Sarah N. Qureshi 

Rules Administrator

Department of Justice

Bureau of Prisons

HOLC Building 320 First Street NW

Washington , DC 20534 

51

Regulations.gov Monday, April 26, 2010 Unified Agenda
Phone: 202 307-2105 

FAX: 202 305-4577

E-Mail: squreshi@bop.gov

Department of Justice (DOJ) 

Bureau of Prisons ( BOP ) RIN: 1120-AA39

 View Related Documents

Title: Telephone Regulations and Inmate Financial Responsibility

Abstract: The Bureau of Prisons (Bureau) is withdrawing certain provisions in its rules on telephone regulations and on the

inmate financial responsibility program (IFRP), which were published in the Federal Register on April 4, 1994 (59 FR 15812). In

the April 4, 1994, revision of its rules on telephone regulations and on the IFRP, the Bureau delayed the effective date for

provisions in sections 540.105(c) and 545.11(d)(10), which imposed limitations on the telephone privileges of inmates refusing

to participate in the IFRP. These provisions were to become effective January 3, 1995. Due to ongoing litigation in Washington

v. Reno, the effective date for these provisions was further delayed until January 4, 1996 (60 FR 240). In accordance with the

Court-approved settlement in Washington v. Reno, through this rule, the Bureau withdrew these provisions and the reference to

the IFRP telephone restrictions in 28 CFR section 540.100(a) and published at 61 FR 92 a new proposed rule to impose a

different restriction on the telephone privileges of inmates who refuse to participate in the IFRP. This rule was finalized on

December 28, 1999 (64 FR 72798, see RIN 1120-AA49). On July 1, 2005, we merged the two rules described above (1120-

AA49 and this rule). The Bureau is currently developing a rule finalizing the interim rules.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: 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 3621 to 3622; 18 USC 3624; 18 USC 4001; 18 USC 4042; 18 USC 4081 to 4082; 18 USC 5006

to 5024; 18 USC 5039

Legal Deadline: None

Timetable:

Action Date FR Cite

Interim Final Rule 01/02/1996 61 FR 90 

Interim Final Rule Comment Period End 03/04/1996 

Final Action 08/00/2010 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Agency Contact: Sarah N. Qureshi 

Rules Administrator

Department of Justice

Bureau of Prisons

HOLC Building 320 First Street NW

Washington , DC 20534 

Phone: 202 307-2105 

FAX: 202 305-4577

E-Mail: squreshi@bop.gov

Department of Justice (DOJ) 

Bureau of Prisons ( BOP ) RIN: 1120-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.

52

Regulations.gov Monday, April 26, 2010 Unified Agenda
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; 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 09/00/2010 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Agency Contact: Sarah N. Qureshi 

Rules Administrator

Department of Justice

Bureau of Prisons

HOLC Building 320 First Street NW

Washington , DC 20534 

Phone: 202 307-2105 

FAX: 202 305-4577

E-Mail: squreshi@bop.gov

Department of Justice (DOJ) 

Bureau of Prisons ( BOP ) RIN: 1120-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 07/00/2010 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Agency Contact: Sarah N. Qureshi 

Rules Administrator

Department of Justice

Bureau of Prisons

53

Regulations.gov Monday, April 26, 2010 Unified Agenda
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 06/00/2010 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Agency Contact: Sarah N. Qureshi 

Rules Administrator

Department of Justice

Bureau of Prisons

HOLC Building 320 First Street NW

Washington , DC 20534 

Phone: 202 307-2105 

FAX: 202 305-4577

E-Mail: squreshi@bop.gov

Department of Justice (DOJ) 

Bureau of Prisons ( BOP ) RIN: 1120-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: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 28 CFR 540.14 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 5 USC 551; 5 USC 552a; 18 USC 1791; 18 USC 3621 to 3622; 18 USC 3624; 18 USC 4001; 18 USC

54

Regulations.gov Monday, April 26, 2010 Unified Agenda
4042; 18 USC 4081 to 4082; 18 USC 5006 to 5024; 18 USC 5039; 28 USC 509 to 510

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 07/27/1999 64 FR 40718 

NPRM Comment Period End 09/27/1999 

Final Action 09/00/2010 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Agency Contact: Sarah N. Qureshi 

Rules Administrator

Department of Justice

Bureau of Prisons

HOLC Building 320 First Street NW

Washington , DC 20534 

Phone: 202 307-2105 

FAX: 202 305-4577

E-Mail: squreshi@bop.gov

Department of Justice (DOJ) 

Bureau of Prisons ( BOP ) RIN: 1120-AB05

 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 

Interim Final Rule Comment Period End 09/23/2002 

Final Action 10/00/2010 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Agency Contact: Sarah N. Qureshi 

Rules Administrator

Department of Justice

Bureau of Prisons

HOLC Building 320 First Street NW

Washington , DC 20534 

Phone: 202 307-2105 

FAX: 202 305-4577

E-Mail: squreshi@bop.gov

55

Regulations.gov Monday, April 26, 2010 Unified Agenda
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 12/00/2010 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Sarah N. Qureshi 

Rules Administrator

Department of Justice

Bureau of Prisons

HOLC Building 320 First Street NW

Washington , DC 20534 

Phone: 202 307-2105 

FAX: 202 305-4577

E-Mail: squreshi@bop.gov

Department of Justice (DOJ) 

Bureau of Prisons ( BOP ) RIN: 1120-AB14

 View Related Documents

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

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

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

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

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

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

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

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

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

Major: No Unfunded Mandates: No

56

Regulations.gov Monday, April 26, 2010 Unified Agenda
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 07/00/2010 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Sarah N. Qureshi 

Rules Administrator

Department of Justice

Bureau of Prisons

HOLC Building 320 First Street NW

Washington , DC 20534 

Phone: 202 307-2105 

FAX: 202 305-4577

E-Mail: squreshi@bop.gov

Department of Justice (DOJ) 

Bureau of Prisons ( BOP ) RIN: 1120-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: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 28 CFR 541 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 5 USC 301; 18 USC 3621 and 3622, 4001, 4042, 4081 and 4082; 18 USC 4161 to 4166, 5006 to 5024,

5039; 28 USC 509 and 510

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 07/26/2005 70 FR 43093 

NPRM Comment Period End 09/26/2005 

Final Action 09/00/2010 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Sarah N. Qureshi 

Rules Administrator

Department of Justice

Bureau of Prisons

HOLC Building 320 First Street NW

Washington , DC 20534 

Phone: 202 307-2105 

57

Regulations.gov Monday, April 26, 2010 Unified Agenda
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 876b; 18 USC 3621, 3622, 3524, 4001, 4005, 4042, 4045, 4081, 4082; 18 USC 4241

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

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 12/29/2003 68 FR 74892 

NPRM Comment Period End 02/27/2004 

Second NPRM 06/16/2008 73 FR 33957 

Second NPRM Comment Period End 08/15/2008 

Final Action 09/00/2010 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Sarah N. Qureshi 

Rules Administrator

Department of Justice

Bureau of Prisons

HOLC Building 320 First Street NW

Washington , DC 20534 

Phone: 202 307-2105 

FAX: 202 305-4577

E-Mail: squreshi@bop.gov

Department of Justice (DOJ) 

Bureau of Prisons ( BOP ) RIN: 1120-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

58

Regulations.gov Monday, April 26, 2010 Unified Agenda
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 11/00/2010 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Sarah N. Qureshi 

Rules Administrator

Department of Justice

Bureau of Prisons

HOLC Building 320 First Street NW

Washington , DC 20534 

Phone: 202 307-2105 

FAX: 202 305-4577

E-Mail: squreshi@bop.gov

Department of Justice (DOJ) 

Bureau of Prisons ( BOP ) RIN: 1120-AB37

 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 (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 08/00/2010 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

59

Regulations.gov Monday, April 26, 2010 Unified Agenda
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 10/00/2010 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Sarah N. Qureshi 

Rules Administrator

Department of Justice

Bureau of Prisons

HOLC Building 320 First Street NW

Washington , DC 20534 

Phone: 202 307-2105 

FAX: 202 305-4577

E-Mail: squreshi@bop.gov

Department of Justice (DOJ) 

Bureau of Prisons ( BOP ) RIN: 1120-AB44

60

Regulations.gov Monday, April 26, 2010 Unified Agenda
 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: Final Rule

Major: No Unfunded Mandates: No

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

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

committed on or after November 1, 1987); 18 USC 4161 to 4166; 18 USC 5006 to 5024 (Repealed October 12, 1984, as to

conduct occurring after that date)

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 12/06/2006 71 FR 70696 

NPRM Comment Period End 02/05/2007 

Final Action 09/00/2010 

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: Final Rule

Major: No Unfunded Mandates: No

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

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

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

that date); 18 USC 5039; 21 USC 848; 28 USC 509 and 510; title V, PL 91-452, 84 Stat 933 (18 USC ch 223)

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 06/25/2008 73 FR 35984 

NPRM Comment Period End 08/25/2008 

Final Action 08/00/2010 

61

Regulations.gov Monday, April 26, 2010 Unified Agenda
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-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, 552a; 18

USC 1791, 3621, 3622, 3624

Legal Deadline: None

Timetable:

Action Date FR Cite

Interim Final Rule 05/00/2010 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Sarah N. Qureshi 

Rules Administrator

Department of Justice

Bureau of Prisons

HOLC Building 320 First Street NW

Washington , DC 20534 

Phone: 202 307-2105 

FAX: 202 305-4577

E-Mail: squreshi@bop.gov

Department of Justice (DOJ) 

Bureau of Prisons ( BOP ) RIN: 1120-AB50

 View Related Documents

Title: Religious Beliefs and Practices: Chapel Library Materials

62

Regulations.gov Monday, April 26, 2010 Unified Agenda
Abstract: The Bureau of Prisons (Bureau) amends its regulations on religious beliefs and practices to add a new regulation

regarding chapel library materials. This change is necessary to notify inmates regarding materials that are accessible in chapel

libraries and reasons that materials may be excluded.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 28 CFR 548 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 5 USC 301; 28 USC 509 and 510; 31 USC 3711(f); 5 CFR 297; 18 USC 4001, 4042, 4942, 4081, and

4082 (Repealed in part as to conduct occurring on or after November 1, 1987); 18 USC 5006 to 5024 (Repealed October 12,

1984, as to conduct occurring after that date); 18 USC 5039

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 01/16/2009 74 FR 2913 

NPRM Comment Period End 03/17/2009 

Final Action 10/00/2010 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Sarah N. Qureshi 

Rules Administrator

Department of Justice

Bureau of Prisons

HOLC Building 320 First Street NW

Washington , DC 20534 

Phone: 202 307-2105 

FAX: 202 305-4577

E-Mail: squreshi@bop.gov

Department of Justice (DOJ) 

Bureau of Prisons ( BOP ) RIN: 1120-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

63

Regulations.gov Monday, April 26, 2010 Unified Agenda
Interim Final Rule Effective 10/21/2008 

Interim Final Rule 10/21/2008 73 FR 62440 

Interim Final Rule Comment Period End 12/22/2008 

Final Action 06/00/2010 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Sarah N. Qureshi 

Rules Administrator

Department of Justice

Bureau of Prisons

HOLC Building 320 First Street NW

Washington , DC 20534 

Phone: 202 307-2105 

FAX: 202 305-4577

E-Mail: squreshi@bop.gov

Department of Justice (DOJ) 

Bureau of Prisons ( BOP ) RIN: 1120-AB54

 View Related Documents

Title: Commutation of Sentence: Technical Change

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

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

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

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

Major: No Unfunded Mandates: No

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

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

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

Legal Deadline: None

Timetable:

Action Date FR Cite

Interim Final Rule 03/23/2010 75 FR 13680 

Interim Final Rule Comment Period End 05/24/2010 

Final Action 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) 

64

Regulations.gov Monday, April 26, 2010 Unified Agenda
Bureau of Prisons ( BOP ) RIN: 1120-AB59

 View Related Documents

Title: Administrative Remedy Program: Exception to Initial Filing Procedures.

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

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

that formal administrative remedy requests regarding initial decisions that did not originate with the Warden, or his/her staff,

should be initially filed with the Bureau office which made the original decision, and appealed directly to the General Counsel.

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

Major: No Unfunded Mandates: No

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

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

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

Legal Deadline: None

Timetable:

Action Date FR Cite

Interim Final Rule 08/00/2010 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Sarah N. Qureshi 

Rules Administrator

Department of Justice

Bureau of Prisons

HOLC Building 320 First Street NW

Washington , DC 20534 

Phone: 202 307-2105 

FAX: 202 305-4577

E-Mail: squreshi@bop.gov

Department of Justice (DOJ) 

Bureau of Prisons ( BOP ) RIN: 1120-AB35

 View Related Documents

Title: Limited Communication for Terrorist Inmates

Abstract: In this document, the Bureau of Prisons (Bureau) proposes a new rule that allows for limiting the communication

opportunities of inmates charged with, convicted of, or detained in relation to an offense under title 18 U.S.C. chapters 113B or

115, or are charged with having engaged in, have engaged in, are detained in relation to, or are linked in any way to terroristrelated activity as part of their current or previous offense conduct or conduct while incarcerated. The rule allows for limiting

individual inmate's communications when the Warden of the facility, in consultation with the Regional Director and approved by

the Assistant Director, Correctional Programs Division, deems it necessary to ensure the safety, security, and good order of the

institution; protection of the public; or national security.

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

Major: No Unfunded Mandates: No

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

Legal Authority: 5 USC 301, 551, 552a; 18 USC chs 113b and 115, 1791, 3621, 3622, 3624, 4001, 4042, 4081; 18 USC

4082 (Repealed in part as to offenses committed on or after November 1, 1987); 18 USC 5006 to 5024 (Repealed October 12,

1984, as to offenses committed after that date); 18 USC 5039; 28 USC 509, 510, 530C(b)(6)

Legal Deadline: None

Timetable:

65

Regulations.gov Monday, April 26, 2010 Unified Agenda
Action Date FR Cite

Final Action 00/00/0000 

NPRM 04/03/2006 71 FR 16520 

NPRM Comment Period End 06/02/2006 

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

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Sarah N. Qureshi 

Rules Administrator

Department of Justice

Bureau of Prisons

HOLC Building 320 First Street NW

Washington , DC 20534 

Phone: 202 307-2105 

FAX: 202 305-4577

E-Mail: squreshi@bop.gov

Department of Justice (DOJ) 

Bureau of Prisons ( BOP ) RIN: 1120-AB47

 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: 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: 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

66

Regulations.gov Monday, April 26, 2010 Unified Agenda
Department of Justice (DOJ) 

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

 View Related Documents

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

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

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

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

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

U.S. Treasury, which consists of fines, fees, and bond forfeitures from Federal offenders.

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

Major: Undetermined Unfunded Mandates: No

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

Legal Authority: 42 USC 10602; 42 USC 10604

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 07/00/2010 

NPRM Comment Period End 09/00/2010 

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 ) 

67

Regulations.gov Monday, April 26, 2010 Unified Agenda
Legal Authority: 42 USC 10603; 42 USC 10604

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 07/00/2010 

NPRM Comment Period End 09/00/2010 

Additional Information: TRANSFERRED RIN: This rulemaking 1121-AA69 continues the rulemaking previously listed as

"child" RIN 1121-AA65 under "parent" RIN 1121-AA61. This rulemaking has been transferred to RIN 1121-AA69 because the

computer system used by the Regulatory Information Service Center (RISC) to compile the Unified Agenda no longer supports

"parent" and "child" RINs. This rulemaking is not a new action. (For another VOCA-related rulemaking, see RIN 1121-AA68).

Regulatory Flexibility Analysis Required: No Government Levels Affected: State

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Barbara Walker 

Deputy Director, Office for Victims of Crime

Department of Justice

Office of Justice Programs

810 7th Street NW

Washington , DC 20531 

Phone: 202 307-5911 

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

Department of Justice (DOJ) 

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

 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: Proposed Rule

Major: No Unfunded Mandates: No

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

Legal Authority: 42 USC 13713

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 10/00/2010 

NPRM Comment Period End 12/00/2010 

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

68

Regulations.gov Monday, April 26, 2010 Unified Agenda
Washington , DC 20531 

Phone: 202 305-0643 

FAX: 202 307-1419

E-Mail: peter.brien@usdoj.gov

Department of Justice (DOJ) 

Office of Justice Programs ( OJP ) RIN: 1121-AA76

 View Related Documents

Title: Certification Process for State Capital Counsel Systems; Removal of Final Rule

Abstract: Pursuant to the USA PATRIOT Improvement and Reauthorization Act of 2005, the Department of Justice

promulgated a final rule to implement certification procedures for states seeking to qualify for the special Federal habeas corpus

review procedures in capital cases afforded under chapter 154 of title 28 of the United States Code. See Certification Process

for State Capital Counsel Systems, 73 FR 75327 (Dec. 11, 2008). A federal district court issued an injunction requiring the

Department to provide an additional public comment period and publish a response to any comments received during that

period. The Department then solicited further public comments. By this proposed rule, the Department is proposing to remove

the December 11, 2008, regulations. The Department will issue new regulations on this subject by separate rulemaking after the

December 2008 regulations are removed.

Priority: Other Significant Agenda Stage of Rulemaking: 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

Notice of Request for Public Comment 02/05/2009 74 FR 6131 

Notice of Request for Public Comment - Comment Period End 04/06/2009 

NPRM 04/00/2010 

Regulatory Flexibility Analysis Required: No Government Levels Affected: State

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Molly Moran 

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

69

Regulations.gov Monday, April 26, 2010 Unified Agenda
form of focus groups and beta testing, to ensure that all affected parties had ample opportunity to review and participate in the

program's design and development.

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

Major: No Unfunded Mandates: No

CFR Citation: 28 CFR 33 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 42 USC 3796ll

Legal Deadline: 

Action Source Description Date

NPRM Statutory 09/14/1998 

Timetable:

Action Date FR Cite

Interim Final Rule Effective 09/23/1998 63 FR 50759 

Interim Final Rule 09/23/1998 63 FR 50759 

Interim Final Rule Comment Period End 11/23/1998 

Second Interim Final Rule 12/00/2010 

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 11/00/2010 

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

Tribal

Federalism: No

Agency Contact: Kristopher A Brambila

70

Regulations.gov Monday, April 26, 2010 Unified Agenda
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

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 amends the Department's regulations by implementing the statutory authority given to immigration judges

to sanction by civil money penalty any action or inaction in contempt of the judge's proper exercise of authority. This statutory

authority is derived from section 304 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, Public Law

104-208 (IIRIRA), September 30, 1996. This rule sets forth the types of conduct for which civil money penalty sanctions may be

imposed, the procedures for imposing these sanctions, the affirmative defenses, which may excuse the imposition of a civil

money penalty sanction, and the procedures for appealing such sanctions. The rule also adds an additional ground for

disciplinary sanctions under 8 CFR section 1003.102 for engaging in a pattern or practice of conduct which has been found to

71

Regulations.gov Monday, April 26, 2010 Unified Agenda
be in contempt of the immigration judge's proper exercise of authority.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

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

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

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

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 12/00/2010 

NPRM Comment Period End 03/00/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

Agency Contact: Robin M. Stutman

General Counsel

Department of Justice

Executive Office for Immigration Review

Suite 2600 5107 Leesburg Pike

Falls Church , VA 22041 

Phone: 703 305-0470 

E-Mail: eoir.regs@usdoj.gov

Department of Justice (DOJ) 

Executive Office for Immigration Review ( EOIR ) RIN: 1125-AA35

 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 Department regulations by establishing procedures for cancellation of removal for battered

spouses and children under 240A(b)(2) of the Immigration and Nationality Act (Act), and suspension of deportation under former

section 244(a)(3) of the Act (as it existed before April 1, 1997), which were amended by section 1504 of the Battered Immigrant

Women Protection Act of 2000. This rule also amends Department regulations by establishing procedures for certain battered

spouses and children to reopen their removal or deportation proceedings to apply for the relief of cancellation of removal or

suspension of deportation under 240(c)(6)(C)(iv) of the Act (as amended by section 1506 of the Battered Immigrant Women

Protection Act of 2000). Additionally, this rule establishes procedures which must be followed by EOIR when an alien applies for

a domestic violence victim waiver under section 237(a)(7) of the Act (as amended by section 1505(b) of the Battered Immigrant

Women Protection Act of 2000).

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

Major: No Unfunded Mandates: No

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

Legal Authority: 5 USC 301; 8 USC 1101 note; 8 USC 1103; 8 USC 1182; 8 USC 1186a; 8 USC 1224 to 1227; 8 USC

1251; 8 USC 1252 note; 8 USC 1251a; 8 USC 1252b; 8 USC 1324b; 8 USC 1362; 28 USC 509 to 510; 28 USC 1746; Reorg

Plan No 2 of 1950; 3 CFR 1949 to 1953 Comp, sec 2; PL 105-100, sec 202-203; PL 105-277, sec 902; PL 106-386, sec 1506;

PL 106-554, sec 1505; PL 106-554, sec 1510; 8 CFR 2; 8 CFR 3; 8 CFR 240

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 12/00/2010 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

72

Regulations.gov Monday, April 26, 2010 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, 1324a, 1324b, 1324c, 1375a; PL 109-162, sec 831 et seq; 5 USC 301, 554

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 10/00/2010 

NPRM Comment Period End 01/00/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Related RINs: Related to 1615-AA11

Agency Contact: Robin M. Stutman

General Counsel

Department of Justice

Executive Office for Immigration Review

Suite 2600 5107 Leesburg Pike

Falls Church , VA 22041 

Phone: 703 305-0470 

E-Mail: eoir.regs@usdoj.gov

Department of Justice (DOJ) 

Executive Office for Immigration Review ( EOIR ) RIN: 1125-AA49

 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

73

Regulations.gov Monday, April 26, 2010 Unified Agenda
status adjudication. In order to be eligible, an alien must have filed a motion to reopen with the former Immigration and

Naturalization Service on or before January 2, 2003, seeking reconsideration of his or her case under this new law. This rule

provides the process by which certain aliens, who are seeking immigrant status as alien entrepreneurs, may obtain EOIR review

of adverse determinations on the removal of the condition on permanent resident status made by United States Citizenship and

Immigration Services (USCIS), a component of DHS. In addition, this rule also establishes procedures for aliens who have

received favorable determinations on the removal of the condition on permanent resident status and who have final orders of

deportation or removal or who have cases that are pending or administratively closed before EOIR.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

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

Legal Authority: 8 USC 11866

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 12/00/2010 

NPRM Comment Period End 02/00/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Public Comment URL: www.regulations.gov

Agency Contact: Robin M. Stutman

General Counsel

Department of Justice

Executive Office for Immigration Review

Suite 2600 5107 Leesburg Pike

Falls Church , VA 22041 

Phone: 703 305-0470 

E-Mail: eoir.regs@usdoj.gov

Department of Justice (DOJ) 

Executive Office for Immigration Review ( EOIR ) RIN: 1125-AA53

 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: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 8 CFR 1003; 8 CFR 1161; 8 CFR 1171 (To search for a specific CFR, visit the Code of Federal Regulations )

Legal Authority: 5 USC 301; 8 USC 1101, note; 8 USC 1103; 8 USC 1229; 8 USC 1229a; 8 USC 1231; 8 USC 1231,

note; 8 USC 1245; 8 USC 1324b; 8 USC 1362; 28 USC 509 to 519; 28 USC 1746; sec 2 Reorg Plan No 2 of 1950, 3 CFR

1949 to 1953 Comp, p 1002; PL 105-100, sec 203; PL 106-386, sec 1506; PL 106-386, sec 1510; PL 106-554, sec 1505; PL

106-554, sec 1510

Legal Deadline: None

Timetable:

74

Regulations.gov Monday, April 26, 2010 Unified Agenda
Action Date FR Cite

NPRM 10/00/2010 

NPRM Comment Period End 12/00/2010 

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-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 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 06/00/2010 

NPRM Comment Period End 08/00/2010 

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

 View Related Documents

75

Regulations.gov Monday, April 26, 2010 Unified Agenda
Title: New Asylum and Withholding Bars for Recruitment or Use of Child Soldiers

Abstract: The Child Soldiers Accountability Act of 2008 (CSAA) was enacted on October 3, 2008. Public Law 110-340, 122

Stat. 3735. The CSAA establishes a criminal offense for the recruitment or use of child soldiers, new grounds of inadmissibility

and deportability for aliens who have engaged in such recruitment or use, and subjects applicants for asylum or withholding of

removal (under sections 241(b)(3) of the INA) to the eligibility bars for such relief/protection under sections 208(b)(2)(A)(iii) and

241(b)(3) (B)(iii) of the INA, respectively. Sections 241(b)(3)(B)(iii) and 208(b)(2)(A)(iii) of the Act state that aliens are ineligible

for withholding of removal or asylum, respectively, where it is determined that "there are serious reasons for believing that the

alien has committed a serious nonpolitical crime outside the United States prior to the arrival of the alien in the United States."

Pursuant to the CSAA, for purposes of sections 208(b)(2)(A)(iii) of the Act (asylum) and 241(b)(3)(B)(iii) (withholding of removal)

an alien who is subject to the child solider grounds of inadmissibility or deportability "shall be considered an alien with respect to

whom there are serious reasons to believe that the alien committed a serious nonpolitical crime."

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 07/00/2010 

NPRM Comment Period End 09/00/2010 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

Energy Affected: No

Agency Contact: Robin M. Stutman

General Counsel

Department of Justice

Executive Office for Immigration Review

Suite 2600 5107 Leesburg Pike

Falls Church , VA 22041 

Phone: 703 305-0470 

E-Mail: eoir.regs@usdoj.gov

Department of Justice (DOJ) 

Executive Office for Immigration Review ( EOIR ) RIN: 1125-AA65

 View Related Documents

Title: Forwarding of Asylum Applications to the Department of State

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

Immigration Review (EOIR) forwards asylum applications to the Department of State (DOS). Currently, EOIR forwards to DOS

all Form I-589, Applications for Asylum and for Withholding of Removal (asylum applications) filed with EOIR Immigration

Courts. The interim final rule will amend the regulations to permit EOIR to send asylum applications in its discretion to DOS

where EOIR believes that DOS may have relevant country conditions information that may assist with the adjudication of the

asylum application. This change will increase the efficiency of DOS' review of asylum applications and is consistent with similar

changes being 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

76

Regulations.gov Monday, April 26, 2010 Unified Agenda
Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 12/00/2010 

Additional Information: This rule relates to RIN 1615-AB59 published as final by U.S. Citizenship and Immigration

Services (USCIS), Department of Homeland Security (DHS), on April 6, 2009. 74 FR 15367, Apr. 6, 2009.

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Related RINs: Related to 1615-AB59

Agency Contact: Robin M. Stutman

General Counsel

Department of Justice

Executive Office for Immigration Review

Suite 2600 5107 Leesburg Pike

Falls Church , VA 22041 

Phone: 703 305-0470 

E-Mail: eoir.regs@usdoj.gov

Department of Justice (DOJ) 

Executive Office for Immigration Review ( EOIR ) RIN: 1125-AA68

 View Related Documents

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

Counsel

Abstract: The Department of Justice 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 the Department to promulgate such

regulations.

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

Major: No Unfunded Mandates: No

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

Legal Authority: Not Yet Determined

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 06/00/2010 

NPRM Comment Period End 08/00/2010 

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

77

Regulations.gov Monday, April 26, 2010 Unified Agenda
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)

and the Nicaraguan Adjustment and Central American Relief Act of 1997 (NACARA).

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

Major: No Unfunded Mandates: No

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

Legal Authority: 8 USC 1103; 8 USC 1182; 8 USC 1186a; 8 USC 1224 to 1227; 8 USC 1251 to 1252; 8 USC 1362; PL

105-100, sec 202

Legal Deadline: None

Timetable:

Action Date FR Cite

Interim Final Rule 09/30/1998 63 FR 52134 

Interim Final Rule Comment Period End 11/30/1998 

Final Action 01/00/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Agency Contact: Robin M. Stutman

General Counsel

Department of Justice

Executive Office for Immigration Review

Suite 2600 5107 Leesburg Pike

Falls Church , VA 22041 

Phone: 703 305-0470 

E-Mail: eoir.regs@usdoj.gov

Department of Justice (DOJ) 

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

78

Regulations.gov Monday, April 26, 2010 Unified Agenda
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 01/00/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

Agency Contact: Robin M. Stutman

General Counsel

Department of Justice

Executive Office for Immigration Review

Suite 2600 5107 Leesburg Pike

Falls Church , VA 22041 

Phone: 703 305-0470 

E-Mail: eoir.regs@usdoj.gov

Department of Justice (DOJ) 

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

 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, 1252b, 1324b, 1253, 1362; 28 USC 509, 510,

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

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

Legal Deadline: None

Timetable:

Action Date FR Cite

Interim Final Rule 05/28/2002 67 FR 36799 

Interim Final Rule Comment Period End 07/29/2002 

Final Action 02/00/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Agency Contact: Robin M. Stutman

General Counsel

Department of Justice

Executive Office for Immigration Review

Suite 2600 5107 Leesburg Pike

Falls Church , VA 22041 

Phone: 703 305-0470 

E-Mail: eoir.regs@usdoj.gov

79

Regulations.gov Monday, April 26, 2010 Unified Agenda
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 EOIR's electronic Government initiatives, which when fully

implemented, will enable electronic case access and filing for individuals in immigration proceedings before EOIR. In essence,

the rule amends the current definitions of "attorney" and "representative," the classes of individuals authorized to represent

aliens, to include only those persons who have registered with EOIR. Additionally, the rule delegates authority to the Director to

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

Director to administratively suspend from practice before EOIR any practitioner who fails to comply with registration procedures

and requirements. Functionally, practitioners will be required to register with EOIR over a secure Internet connection, by

providing name, address(es), date of birth, last four digits of social security number, and bar admission data. Registered

practitioners will be assigned a unique User ID and password that will authorize them to conduct electronic transactions with

EOIR from desktop personal computers. Registration of practitioners assures the functionality, security, and success of EOIR's

electronic Government initiative, and serves as a prerequisite to electronic case access and filing by practitioners. The proposed

practitioner registration rule furnishes the Attorney General with the optimum measure of adaptability to establish the criteria and

procedures for practitioner registration, while also preserving fairness for regulated parties and ensuring efficiency in

Government operations.

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

Major: No Unfunded Mandates: No

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

Legal Authority: 8 USC 1362

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 12/30/2003 68 FR 75160 

NPRM Comment Period End 03/01/2004 

Final Action 01/00/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Agency Contact: Robin M. Stutman

General Counsel

Department of Justice

Executive Office for Immigration Review

Suite 2600 5107 Leesburg Pike

Falls Church , VA 22041 

Phone: 703 305-0470 

E-Mail: eoir.regs@usdoj.gov

Department of Justice (DOJ) 

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

80

Regulations.gov Monday, April 26, 2010 Unified Agenda
are fines imposed under section 273 of the INA. The transfer is essentially a reallocation of agency resources within the

Executive Office for Immigration Review to improve caseload management by substituting a different set of decision makers, the

OCAHO for the Board, while preserving the same procedures for the adjudication of appeals.

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

Major: No Unfunded Mandates: No

CFR Citation: 8 CFR 1003; 8 CFR 1103; 8 CFR 1280 (To search for a specific CFR, visit the Code of Federal Regulations )

Legal Authority: Not Yet Determined

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 02/19/2002 67 FR 7309 

NPRM Comment Period End 03/21/2002 

Final Action 11/00/2010 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Related RINs: Split From 1125-AA36

Agency Contact: Robin M. Stutman

General Counsel

Department of Justice

Executive Office for Immigration Review

Suite 2600 5107 Leesburg Pike

Falls Church , VA 22041 

Phone: 703 305-0470 

E-Mail: eoir.regs@usdoj.gov

Department of Justice (DOJ) 

Executive Office for Immigration Review ( EOIR ) RIN: 1125-AA43

 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 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 08/00/2010 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

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Regulations.gov Monday, April 26, 2010 Unified Agenda
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

Appeals

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

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

Homeland Security before the immigration judges and the Board adjudicate certain applications for relief.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

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

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

1252b, 1324b, 1362; 28 USC 509, 510, 1746; sec 2, Reorg Plan No 2 of 1950; 3 CFR, 1949 to 1953 Comp, p 1002; secs 202

and 203 of PL 105-100, 111 Stat 2160, 2193, 2196-200; sec 902, PL 105-277, 112 Stat 2681; secs 1506 and 1510 of PL 106-

386, 114 Stat 1527 to 1529, 1531 to 1532; sec 1505 of PL 106-554, 114 Stat 2763A-326 to 2763A-328

Legal Deadline: None

Timetable:

Action Date FR Cite

Interim Final Rule 01/31/2005 70 FR 4743 

Interim Final Rule Comment Period Extended 03/31/2005 70 FR 16398 

Interim Final Rule Comment Period End 04/01/2005 

Interim Final Rule Effective 04/01/2005 

Interim Final Rule Comment Period End 05/02/2005 

Final Action 09/00/2010 

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

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Regulations.gov Monday, April 26, 2010 Unified Agenda
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 02/00/2011 

Additional Information: This rule will finalize those portions of the rulemaking action formerly listed as RIN 1115-AE82

insofar as it relates to the regulations of the Department of Justice. The DHS rule is now RIN 1653-AA05.

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

Agency Contact: Robin M. Stutman

General Counsel

Department of Justice

Executive Office for Immigration Review

Suite 2600 5107 Leesburg Pike

Falls Church , VA 22041 

Phone: 703 305-0470 

E-Mail: eoir.regs@usdoj.gov

Department of Justice (DOJ) 

Executive Office for Immigration Review ( EOIR ) RIN: 1125-AA52

 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 1252b; 8 USC 1324b; 8 USC

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

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

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

83

Regulations.gov Monday, April 26, 2010 Unified Agenda
Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 03/28/2007 72 FR 14494 

NPRM Comment Period End 04/27/2007 

Final Action 01/00/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

Energy Affected: No

Agency Contact: Robin M. Stutman

General Counsel

Department of Justice

Executive Office for Immigration Review

Suite 2600 5107 Leesburg Pike

Falls Church , VA 22041 

Phone: 703 305-0470 

E-Mail: eoir.regs@usdoj.gov

Department of Justice (DOJ) 

Executive Office for Immigration Review ( EOIR ) RIN: 1125-AA55

 View Related Documents

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

Applications for Adjustment of Status

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

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

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

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

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

Attorney General are requesting comments on the possibility of adopting further proposals in the future to structure the exercise

of discretion in adjudicating these applications for adjustment of status.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 8 CFR 1001.1(q); 8 CFR 1245.1; 8 CFR 1245.2(a)(1) (To search for a specific CFR, visit the Code of Federal

Regulations ) 

Legal Authority: 8 USC 1101; 8 USC 1103; 5 USC 301; PL 105-100, sec 202; 8 USC 1182; 8 USC 1255; PL 105-277,

sec 902; ...

Legal Deadline: None

Timetable:

Action Date FR Cite

Interim Final Rule 05/12/2006 71 FR 27585 

Interim Final Rule Comment Period End 06/12/2006 

Final Action 12/00/2010 

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

84

Regulations.gov Monday, April 26, 2010 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-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. This interim rule establishes that the Board may issue an affirmance without

opinion (AWO) in the exercise of its discretion when it is satisfied that certain regulatory criteria are met. This provision also

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

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

decision to issue an AWO, or any other type of decision, depends on the Board's internal judgment regarding its resources and

does not create personal rights and is not independently reviewable. In addition, this rule permits three-Board-member review of

a small class of particularly complex cases. The rule provides the Board with the discretion to assess its resources, and where it

deems appropriate, devote more of its resources to address complex or unusual issues of law or fact by referring a case for

review by a three-member panel. Finally, this rule amends the regulations relating to precedent decisions of the Board, by

authorizing publication of decisions either by a majority of Board Members on a panel or by a majority of permanent Board

Members. With these tools, the Board can better manage its docket, budget its resources, and balance its competing

adjudicatory responsibilities.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

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

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

1182; 8 USC 1226; 8 USC 1229; 8 USC 1229a; 8 USC 1229b; 8 USC 1229c; 8 USC 1231; 8 USC 1254a; 8 USC 1255; 8 USC

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

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

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

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 06/18/2008 73 FR 34654 

NPRM Comment Period End 08/18/2008 

Final Action 07/00/2010 

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) 

85

Regulations.gov Monday, April 26, 2010 Unified Agenda
Executive Office for Immigration Review ( EOIR ) RIN: 1125-AA64

 View Related Documents

Title: Reorganization of Regulations on Control of Employment of Aliens

Abstract: The Homeland Security Act of 2002, as amended, transferred the functions of the former Immigration and

Naturalization Service (INS) from the Department of Justice to the Department of Homeland Security (DHS); however, it retained

within the Department of Justice the functions of the Executive Office for Immigration Review (EOIR), a separate agency within

the Department of Justice. Because the existing regulations often intermingled the responsibilities of the former INS and EOIR,

this transfer required a reorganization of title 8 of the Code of Federal Regulations (CFR) in February 2003, including the

establishment of a new chapter V in 8 CFR pertaining to EOIR. As part of this reorganization, a number of regulations pertaining

to the responsibilities of DHS intentionally were duplicated in the new chapter V because of shared responsibilities. The

Department of Justice now has determined that most of the duplicated regulations in part 1274a pertain to functions that are

DHS' responsibility and do not need to be reproduced in EOIR's regulations in chapter V. This interim rule, therefore, deletes

unnecessary regulations in part 1274a and makes appropriate reference to the applicable DHS regulations.

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

Major: Undetermined Unfunded Mandates: No

CFR Citation: 8 CFR 1274a (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 8 USC 1101; 8 USC 1103; 8 USC 1324a

Legal Deadline: None

Timetable:

Action Date FR Cite

Interim Final Rule 01/15/2009 74 FR 2337 

Interim Final Rule Comment Period End 03/16/2009 

Final Action 08/00/2010 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

Energy Affected: No

Agency Contact: Robin M. Stutman

General Counsel

Department of Justice

Executive Office for Immigration Review

Suite 2600 5107 Leesburg Pike

Falls Church , VA 22041 

Phone: 703 305-0470 

E-Mail: eoir.regs@usdoj.gov

Department of Justice (DOJ) 

Executive Office for Immigration Review ( EOIR ) RIN: 1125-AA66

 View Related Documents

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

Abstract: The Homeland Security Act of 2002, as amended, transferred the functions of the former Immigration and

Naturalization Service (INS) from the Department of Justice to the Department of Homeland Security (DHS); however, it retained

within the Department of Justice the functions of the Executive Office for Immigration Review (EOIR), a separate agency within

the Department of Justice. Because the existing regulations often intermingled the responsibilities of the former INS and EOIR,

this transfer required a reorganization of title 8 of the Code of Federal Regulations (CFR) in February 2003, including the

establishment of a new chapter V in 8 CFR pertaining to EOIR. As part of the reorganization, a number of regulations pertaining

to the responsibilities of DHS were duplicated in the new chapter V because of shared responsibilities. Because DHS has

amended its regulation at 8 CFR 292.3 concerning its disciplinary rules for practitioners appearing before DHS, 75 FR 5225

(February 2, 2010), the Department of Justice has determined that the duplicative provisions in 8 CFR 1292.3 pertaining to

DHS' responsibility do not need to be reproduced in EOIR's regulations in chapter V, and that the few provisions relating to

EOIR should be transferred to part 1003. This interim rule, therefore, deletes unnecessary regulations in part 1292 and makes

appropriate reference to the applicable DHS regulations. Finally, this rule contains technical amendments to EOIR's practitioner

86

Regulations.gov Monday, April 26, 2010 Unified Agenda
disciplinary regulations, and a correction and clarification to the final rule on Professional Conduct for Practitioners-Rules and

Procedures, and Representation and Appearances, which became effective on January 20, 2009. 73 FR 76914 (December 18,

2008).

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

Major: No Unfunded Mandates: No

CFR Citation: 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

Interim Final Rule 06/00/2010 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

Energy Affected: No

Public Comment URL: www.regulations.gov

Agency Contact: Robin M. Stutman

General Counsel

Department of Justice

Executive Office for Immigration Review

Suite 2600 5107 Leesburg Pike

Falls Church , VA 22041 

Phone: 703 305-0470 

E-Mail: eoir.regs@usdoj.gov

Department of Justice (DOJ) 

Executive Office for Immigration Review ( EOIR ) RIN: 1125-AA67

 View Related Documents

Title: Application of Immigration Regulations to the Commonwealth of the Northern Mariana Islands

Abstract: The Department of Homeland Security (DHS) and the Department of Justice (DOJ) are implementing conforming

amendments to their respective regulations to comply with the Consolidated Natural Resources Act of 2008 (CNRA). The CNRA

extends the immigration laws of the United States to the Commonwealth of the Northern Mariana Islands (CNMI). This rule

amends the regulations governing asylum and credible fear of persecution determinations; references to the geographical

“United States” and its territories and possessions; alien classifications authorized for employment; documentation acceptable for

Employment Eligibility Verification; employment of unauthorized aliens; and adjustment of status of immediate relatives admitted

under the Guam-CNMI Visa Waiver Program. Additionally, this rule makes a technical change to correct a citation error in the

regulations governing the Visa Waiver Program and the regulations governing asylum and withholding of removal. The purpose

of this rule is to ensure that the regulations apply to persons and entities arriving in or physically present in the CNMI to the

extent authorized by the CNRA.

Priority: Other Significant Agenda Stage of Rulemaking: 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: Not Yet Determined

Legal Deadline: None

Timetable:

Action Date FR Cite

Interim Final Rule 10/28/2009 74 FR 55726 

Interim Final Rule Comment Period End 11/27/2009 

Final Action 04/00/2011 

87

Regulations.gov Monday, April 26, 2010 Unified Agenda
Additional Information: This rulemaking is a joint action of the Department of Homeland Security (RIN 1615-AB77) and the

Department of Justice.

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: Undetermined

Energy Affected: Undetermined

Related RINs: Related to 1615-AB77 Related Agencies: Joint: USCIS

Agency Contact: Robin M. Stutman

General Counsel

Department of Justice

Executive Office for Immigration Review

Suite 2600 5107 Leesburg Pike

Falls Church , VA 22041 

Phone: 703 305-0470 

E-Mail: eoir.regs@usdoj.gov

Department of Justice (DOJ) 

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

 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: PreRule

Major: No Unfunded Mandates: No

CFR Citation: 27 CFR 555 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 18 USC 847

Legal Deadline: None

Timetable:

Action Date FR Cite

ANPRM 11/00/2010 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Elizabeth Gillis Department of Justice

Bureau of Alcohol, Tobacco, Firearms, and Explosives

99 New York Avenue NE

Washington , DC 20226 

Phone: 202 648-7093 

E-Mail: elizabeth.gillis@atf.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

Abstract: The Department of Justice is amending the regulations of the Bureau of Alcohol, Tobacco, Firearms, and

Explosives (ATF) to implement the provisions of Public Law 105-277, Omnibus Consolidated and Emergency Supplemental

88

Regulations.gov Monday, April 26, 2010 Unified Agenda
Appropriations Act, 1999. The amendments are with regard to: 1) Certification by applicants for dealers' licenses that secure gun

storage or safety devices will be available at any place where firearms are sold to nonlicensed individuals and 2) an 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: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 27 CFR 478 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 5 USC 552(a); 18 USC 847; 18 USC 921 to 931; 44 USC 3504(h)

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 09/00/2010 

Additional Information: Transferred from RIN 1512-AC67. The "Waiver for Firearm Prohibition on Nonimmigrant Visa

Holders" (RIN 1140-AA21) has been incorporated into this rulemaking proceeding.

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Agency Contact: James Ficaretta 

Program Manager

Department of Justice

Bureau of Alcohol, Tobacco, Firearms, and Explosives

99 New York Avenue NE

Washington , DC 20226 

Phone: 202 648-7094 

Department of Justice (DOJ) 

Bureau of Alcohol, Tobacco, Firearms, and Explosives ( ATF ) RIN: 1140-AA26

 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: 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

89

Regulations.gov Monday, April 26, 2010 Unified Agenda
Timetable:

Action Date FR Cite

NPRM 09/00/2010 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: James P. Ficaretta

Program Manager

Department of Justice

Bureau of Alcohol, Tobacco, Firearms, and Explosives

99 New York Avenue NE

Washington , DC 20226 

Phone: 202 648-7094 

Department of Justice (DOJ) 

Bureau of Alcohol, Tobacco, Firearms, and Explosives ( ATF ) RIN: 1140-AA31

 View Related Documents

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

Cigarettes or Smokeless Tobacco

Abstract: The Department of Justice is amending the regulations of the Bureau of Alcohol, Tobacco, Firearms, and

Explosives (ATF) to implement a provision of the USA Patriot Improvement and Reauthorization Act of 2005 regarding

trafficking in contraband cigarettes or smokeless tobacco. Section 121 of the Act contains several amendments to the

Contraband Cigarette Trafficking Act, 18 U.S.C. chapter 114.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed 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 07/00/2010 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: James P. Ficaretta

Program Manager

Department of Justice

Bureau of Alcohol, Tobacco, Firearms, and Explosives

99 New York Avenue NE

Washington , DC 20226 

Phone: 202 648-7094 

Department of Justice (DOJ) 

Bureau of Alcohol, Tobacco, Firearms, and Explosives ( ATF ) RIN: 1140-AA33

 View Related Documents

Title: Identification Markings Placed on Firearm Silencers and Firearm Mufflers

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Regulations.gov Monday, April 26, 2010 Unified Agenda
Abstract: The Department of Justice is proposing to amend the regulations of the Bureau of Alcohol, Tobacco, Firearms, and

Explosives to require licensed manufacturers and licensed importers to place identification markings on the outer tube of firearm

silencers and firearm mufflers. The proposed regulations are intended to allow for identification markings to be placed

conspicuously and legibly in one location providing consistency throughout the industry.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 27 CFR 478; 27 CFR 479 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 5 USC 552(a); 18 USC 847, 921 to 931; 44 USC 3504(h); 26 USC 7805

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 10/00/2010 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Agency Contact: Elizabeth Gillis Department of Justice

Bureau of Alcohol, Tobacco, Firearms, and Explosives

99 New York Avenue NE

Washington , DC 20226 

Phone: 202 648-7093 

E-Mail: elizabeth.gillis@atf.gov

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 proposing to amend 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: 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 522(a); 18 USC 847; 18 USC 921 to 931; 44 USC 3504(h)

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 10/00/2010 

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

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Regulations.gov Monday, April 26, 2010 Unified Agenda
Department of Justice (DOJ) 

Bureau of Alcohol, Tobacco, Firearms, and Explosives ( ATF ) RIN: 1140-AA00

 View Related Documents

Title: Implementation of the Safe Explosives Act

Abstract: The Department of Justice is amending the regulations of the Bureau of Alcohol, Tobacco, Firearms, and

Explosives (ATF) to implement the provisions of the Safe Explosives Act, title XI, subtitle C, of Public Law 107-296, the

Homeland Security Act of 2002 (enacted November 25, 2002). The law, among other things: (1) Requires that all persons

receiving explosives on and after May 24, 2003, obtain a Federal license or permit, and creates a new type of permit, the

"limited permit"; (2) requires applicants for licenses and permits to provide as part of their application the names and appropriate

identifying information regarding employees authorized to possess explosives as well as fingerprints and photographs of

"responsible persons"; (3) extends the time for ATF to act on an application for a license or permit from 45 days to 90 days; (4)

authorizes warrantless inspections of places of storage maintained by applicants for limited permits and holders of limited

permits; (5) provides that only licensees and holders of user permits must post their licenses and permits and make them

available for inspection; (6) requires that ATF conduct background checks on responsible persons and employees authorized to

possess explosive materials; (7) specifies additional categories of persons who may not lawfully receive or possess explosive

materials; i.e., aliens (other than permanent resident aliens and other excepted aliens), persons dishonorably discharged from

the military, and persons who have renounced their U.S. citizenship; (8) broadens the interstate commerce element of the

prohibited persons section of the law to specify that a violation is committed if possession of explosive materials affects

interstate or foreign commerce; (9) provides ATF the authority to require licensed manufacturers and licensed importers and

persons who manufacture or import explosive materials or ammonium nitrate to provide samples, information on chemical

composition, and other information relevant to the identification of the product; (10) broadens the scope of a criminal violation of

the law to include any institution or organization receiving Federal financial assistance within the categories of property covered

by the violation; (11) expands ATF's authority to grant relief from disabilities to all categories of prohibited persons; and (12)

adds a new theft-reporting violation, providing felony penalties for a licensee or permittee who fails to report thefts of explosives

within 24 hours of discovery.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 27 CFR 555 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: PL 107-296, title XI, subtitle C

Legal Deadline: None

Timetable:

Action Date FR Cite

Interim Final Rule 03/20/2003 68 FR 13768 

Interim Final Rule Comment Period End 06/18/2003 

Final Action 09/00/2010 

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)

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Regulations.gov Monday, April 26, 2010 Unified Agenda
Abstract: The Omnibus Consolidated Appropriations Act of 1997 contains amendments to the Gun Control Act of 1968 (18

U.S.C. ch. 44). These amendments add to the category of "prohibited persons" anyone convicted of a "misdemeanor crime of

domestic violence." The amendments require individuals acquiring handguns from Federal firearms licensees to certify (in

accordance with the Brady Handgun Violence Prevention Act) that they have not been convicted of such a crime. The

amendments also provide for sales between Federal firearms licensees of curio and relic firearms away from their licensed

premises.

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

Major: No Unfunded Mandates: No

CFR Citation: 27 CFR 478 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 18 USC 847; 18 USC 921 to 931

Legal Deadline: None

Timetable:

Action Date FR Cite

Interim Final Rule 06/30/1998 63 FR 35520 

NPRM 06/30/1998 63 FR 35551 

NPRM Comment Period End 09/28/1998 

Final Action 09/00/2010 

Additional Information: Transferred from RIN 1512-AB64

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

Agency Contact: James Ficaretta 

Program Manager

Department of Justice

Bureau of Alcohol, Tobacco, Firearms, and Explosives

99 New York Avenue NE

Washington , DC 20226 

Phone: 202 648-7094 

Department of Justice (DOJ) 

Bureau of Alcohol, Tobacco, Firearms, and Explosives ( ATF ) RIN: 1140-AA05

 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 08/00/2010 

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Additional Information: Transferred from RIN 1512-AB66

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

Agency Contact: James Ficaretta 

Program Manager

Department of Justice

Bureau of Alcohol, Tobacco, Firearms, and Explosives

99 New York Avenue NE

Washington , DC 20226 

Phone: 202 648-7094 

Department of Justice (DOJ) 

Bureau of Alcohol, Tobacco, Firearms, and Explosives ( ATF ) RIN: 1140-AA06

 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: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 27 CFR 555 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 18 USC 846(b)

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 11/15/2001 66 FR 57404 

NPRM Comment Period End 02/13/2002 

Final Action 09/00/2010 

Additional Information: Transferred from RIN 1512-AB73

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal

Small Entities Affected: No Federalism: No

Agency Contact: James Ficaretta 

Program Manager

Department of Justice

Bureau of Alcohol, Tobacco, Firearms, and Explosives

99 New York Avenue NE

Washington , DC 20226 

Phone: 202 648-7094 

Department of Justice (DOJ) 

Bureau of Alcohol, Tobacco, Firearms, and Explosives ( ATF ) RIN: 1140-AA08

 View Related Documents

94

Regulations.gov Monday, April 26, 2010 Unified Agenda
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 the provisions of Public Law 105-277, Making Omnibus Consolidated and Emergency

Supplemental Appropriations for fiscal year 1999. The amendments implement the law by prohibiting, with certain exceptions,

the transfer to and possession of firearms by aliens admitted to the United States under a nonimmigrant visa.

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

Major: No Unfunded Mandates: No

CFR Citation: 27 CFR 478 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 5 USC 552(a); 18 USC 847; 18 USC 921 to 931; 44 USC 3504(h)

Legal Deadline: None

Timetable:

Action Date FR Cite

Interim Final Rule 02/05/2002 67 FR 5422 

NPRM 02/05/2002 67 FR 5428 

NPRM Comment Period End 05/06/2002 

Interim Final Rule Effective 12/19/2002 

Final Action 10/00/2010 

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 

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Regulations.gov Monday, April 26, 2010 Unified Agenda
Final Action 09/00/2010 

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-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: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 27 CFR 479 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 26 USC 7805

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 04/07/2005 70 FR 17624 

NPRM Comment Period End 05/09/2005 

Final Action 10/00/2010 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: James P. Ficaretta

Program Manager

Department of Justice

Bureau of Alcohol, Tobacco, Firearms, and Explosives

99 New York Avenue NE

Washington , DC 20226 

Phone: 202 648-7094 

Department of Justice (DOJ) 

Bureau of Alcohol, Tobacco, Firearms, and Explosives ( ATF ) RIN: 1140-AA30

 View Related Documents

96

Regulations.gov Monday, April 26, 2010 Unified Agenda
Title: Commerce in Explosives--Storage of Shock Tube With Detonators

Abstract: The Department of Justice is amending the regulations of the Bureau of Alcohol, Tobacco, Firearms, and

Explosives (ATF) by allowing shock tube to be stored with detonators.

Priority: Other Significant 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 847

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 01/29/2003 68 FR 4406 

NPRM Comment Period End 04/29/2003 

NPRM Comment Period Reopened 06/23/2003 68 FR 37109 

Reopened NPRM Comment Period End 07/07/2003 

Final Action 01/20/2010 75 FR 3160 

Final Action Effective 03/22/2010 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: James P. Ficaretta

Program Manager

Department of Justice

Bureau of Alcohol, Tobacco, Firearms, and Explosives

99 New York Avenue NE

Washington , DC 20226 

Phone: 202 648-7094 

Department of Justice (DOJ) 

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

97

Regulations.gov Monday, April 26, 2010 Unified Agenda
CFR Citation: 28 CFR 44.500; 28 CFR 68 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 8 USC 1182(n)(5); 8 USC 1103(a); 8 USC 1182(n); 8 USC 1324b

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 03/00/2011 

Additional Information: ACWIA increased the numerical cap on H-1B nonimmigrant aliens; required certain dependent

employers to make additional attestations to the Department of Labor (DOL); increased the penalties for employers who have

been found to be in violation of DOL's rules; and created a "whistle blower" clause to protect H-1B workers who filed complaints

against their employer.

Regulatory Flexibility Analysis

Required: Undetermined Government Levels Affected: No

Federalism: No

Agency Contact: Katherine A. Baldwin

Deputy Special Counsel

Department of Justice

Civil Rights Division

Office of Special Counsel for Immigration-Related Unfair Employment Practices 950 Pennsylvania Avenue NW

Washington , DC 20530 

Phone: 202 616-5594 

FAX: 202 616-5509

Agency Contact: Robin M. Stutman

General Counsel

Department of Justice

Civil Rights Division

Suite 2600 5107 Leesburg Pike

Falls Church , VA 22041 

Phone: 703 305-0470 

E-Mail: eoir.regs@usdoj.gov

Department of Justice (DOJ) 

Civil Rights Division ( CRT ) RIN: 1190-AA51

 View Related Documents

Title: Amendments to the Procedures for the Administration of Section 5 of the Voting Rights Act of 1965

Abstract: Section 5 of the Voting Rights Act of 1965 requires certain States and their political subdivisions (covered

jurisdictions) to obtain "preclearance" from the Federal Government of proposed changes in voting practices and procedures

prior to their implementation. Preclearance may be obtained either through litigation in the United States District Court for the

District of Columbia or administratively from the Attorney General. In 1971, the Department first issued procedures for the

administration of section 5 to inform covered jurisdictions concerning the manner in which they could comply with section 5 in

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: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 28 CFR 51 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 5 USC 301; 28 USC 509 to 510; 42 USC 1973a(c); 42 USC 1973c

Legal Deadline: None

Timetable:

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Regulations.gov Monday, April 26, 2010 Unified Agenda
Action Date FR Cite

NPRM 05/00/2010 

NPRM Comment Period End 07/00/2010 

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

Federalism: No

Agency Contact: T. Christian Herren

Acting Chief, Voting Section

Department of Justice

Civil Rights Division

1800 G Street NW

Washington , DC 20006 

Phone: 202 307-2767 

Department of Justice (DOJ) 

Civil Rights Division ( CRT ) RIN: 1190-AA52

 View Related Documents

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

of Executive Order 12250

Abstract: In 1988, the Civil Rights Restoration Act (CRRA) added definitions of "program or activity" and "program" to title VI.

The added definitions were designed to clarify the broad scope of coverage of recipients' programs or activities under these

statutes. In a joint rulemaking described at RIN 1190-AA49, and published in the Federal Register on August 26, 2003, the

Department of Justice and other Federal agencies conformed their regulations to the CRRA. In the rulemaking described under

this RIN (1190-AA52) the Department of Justice proposes to make conforming amendments to its coordination regulations

concerning agency enforcement of title VI of the Civil Rights Act of 1964, 28 CFR 42.401 to 42.415. The proposed amendments

explicitly incorporate the CRRA's definitions of "program or activity" and "program" into the Department's title VI coordination

regulations.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 28 CFR 42.401 to 42.415; 28 CFR 41.1 to 41.58 (To search for a specific CFR, visit the Code of Federal

Regulations ) 

Legal Authority: 42 USC 2000d et seq; 29 USC 706; 29 USC 794; EO 12250

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 09/00/2010 

NPRM Comment Period End 11/00/2010 

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

Federalism: No

Agency Contact: Marc J. Kappelhoff

Chief, Coordination and Review 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) 

99

Regulations.gov Monday, April 26, 2010 Unified Agenda
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 10/00/2010 

Regulatory Flexibility Analysis

Required: Undetermined Government Levels Affected: Local; State

Small Entities Affected: Business; Governmental

Jurisdictions Federalism: Undetermined

Energy Affected: No

Agency Contact: John L. 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

100

Regulations.gov Monday, April 26, 2010 Unified Agenda
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 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 11/00/2010 

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-AA44

 View Related Documents

Title: Nondiscrimination on the Basis of Disability in Public Accommodations and Commercial Facilities

Abstract: In 1991, the Department of Justice published regulations to implement title III of the Americans With Disabilities Act

of 1990 (ADA). Those regulations include the ADA Standards for Accessible Design, which establish requirements for the design

and construction of accessible facilities that are consistent with the ADA Accessibility Guidelines (ADAAG) published by the U.S.

Architectural and Transportation Barriers Compliance Board (Access Board). In the time since the regulations became effective,

the Department of Justice and the Access Board have each gathered a great deal of information regarding the implementation

of the Standards. The Access Board began the process of revising ADAAG a number of years ago. It published new ADAAG in

final form on July 23, 2004, after having published guidelines in proposed form in November 1999 and in draft final form in April

2002. In order to maintain consistency between ADAAG and the ADA Standards, the Department is reviewing its title III

regulations and expects to propose, in one or more stages, to adopt revised ADA Standards consistent with the final revised

ADAAG and to make related revisions to the Department's title III regulations. In addition to maintaining consistency between

ADAAG and the Standards, the purpose of this review and these revisions is to more closely coordinate with voluntary

standards; to clarify areas which, through inquiries and comments to the Department's technical assistance phone lines, have

been shown to cause confusion; to reflect evolving technologies in areas affected by the Standards; and to comply with section

610 of the Regulatory Flexibility Act, which requires agencies once every 10 years to review rules that have a significant

economic impact upon a substantial number of small entities. The first step in adopting revised Standards was an advance

notice of proposed rulemaking that was published in the Federal Register on September 30, 2004, at 69 FR 58768, issued

under both title II and title III. The Department believes that the advance notice simplified and clarified the preparation of the

proposed rule. In addition to giving notice that the proposed rule will adopt revised ADA accessibility standards, the advance

notice raised questions for public comment and proposed a framework for the regulatory analysis that accompanied the

proposed rule. The adoption of revised ADAAG will also serve to address changes to the ADA Standards previously proposed in

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RIN 1190-AA26, RIN 1190-AA38, RIN 1190-AA47, and RIN 1190-AA50, all of which have now been withdrawn from the Unified

Agenda. These changes include technical specifications for facilities designed for use by children, accessibility standards for

State and local government facilities, play areas, and recreation facilities, all of which had previously been published by the

Access Board. The timetable set forth below refers to the notice of proposed rulemaking that the Department issued as the

second step of the above described title III rulemaking. This notice proposed to adopt revised ADA Standards for Accessible

Design consistent with the minimum guidelines of the revised ADAAG, and initiated the review of the regulation in accordance

with the requirements of section 610 of the Regulatory Flexibility Act, as amended by the Small Business Regulatory

Enforcement Fairness Act of 1996 (SBREFA).

Priority: Economically Significant Agenda Stage of Rulemaking: Final Rule

Major: Yes Unfunded Mandates: No

CFR Citation: 28 CFR 36 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 5 USC 301; 28 USC 509; 28 USC 510; 42 USC 12186(b)

Legal Deadline: None

Timetable:

Action Date FR Cite

ANPRM 09/30/2004 69 FR 58768 

ANPRM Comment Period Extended 01/19/2005 70 FR 2992 

ANPRM Comment Period End 01/28/2005 

ANPRM Comment Period End 05/31/2005 

NPRM 06/17/2008 73 FR 34508 

NPRM Correction 06/30/2008 73 FR 37009 

NPRM Comment Period End 08/18/2008 

Final Action 09/00/2010 

Additional Information: RIN 1190-AA44, which will effect changes to 28 CFR 36 (the Department's regulation

implementing title III of the ADA), is related to another rulemaking of the Civil Rights Division, RIN 1190-AA46, which will effect

changes to 28 CFR 35 (the Department's regulation implementing title II of the ADA).

Regulatory Flexibility Analysis Required: Business;

Organizations Government Levels Affected: No

Federalism: No

Agency Contact: John L. Wodatch

Chief, Disability Rights Section

Department of Justice

Civil Rights Division

950 Pennsylvania Avenue NW

Washington , DC 20030 

Phone: 800 514-0301 

TDD Phone: 800 514-0383

FAX: 202 307-1198

Department of Justice (DOJ) 

Civil Rights Division ( CRT ) RIN: 1190-AA46

 View Related Documents

Title: Nondiscrimination on the Basis of Disability in State and Local Government Services

Abstract: On July 26, 1991, the Department published its final rule implementing title II of the Americans With Disabilities Act

(ADA). On November 16, 1999, the U.S. Architectural and Transportation Barriers Compliance Board (Access Board) issued its

first comprehensive review of the ADA Accessibility Guidelines (ADAAG), which form the basis of the Department's ADA

Standards for Accessible Design. The Access Board published an Availability of Draft Final Guidelines on April 2, 2002, and

published the ADA Accessibility Guidelines in final form on July 23, 2004. The ADA (section 204(c)) requires the Department's

standards to be consistent with the Access Board's guidelines. In order to maintain consistency between ADAAG and the

Standards, the Department is reviewing its title II regulations and expects to propose, in one or more stages, to adopt revised

standards consistent with new ADAAG. The Department will also, in one or more stages, review its title II regulations for

purposes of section 610 of the Regulatory Flexibility Act and make related changes to its title II regulations. In addition to the

102

Regulations.gov Monday, April 26, 2010 Unified Agenda
statutory requirement for the rule, the social and economic realities faced by Americans with disabilities dictate the need for the

rule. Individuals with disabilities cannot participate in the social and economic activities of the Nation without being able to

access the programs and services of State and local governments. Further, amending the Department's ADA regulations will

improve the format and usability of the ADA Standards for Accessible Design; harmonize the differences between the ADA

Standards and national consensus standards and model codes; update the ADA Standards to reflect technological

developments that meet the needs of persons with disabilities; and coordinate future ADA Standards revisions with national

standards and model code organizations. As a result, the overarching goal of improving access for persons with disabilities so

that they can benefit from the goods, services, and activities provided to the public by covered entities will be met. The first part

of the rulemaking process was an advance notice of proposed rulemaking, published in the Federal Register on September 30,

2004, at 69 FR 58768, issued under both title II and title III. The Department believes the advance notice simplified and clarified

the preparation of the proposed rule to follow. In addition to giving notice of the proposed rule that will adopt revised ADA

accessibility standards, the advance notice raised questions for public comment and proposed a framework for the regulatory

analysis that accompanied the proposed rule. The adoption of revised ADA Standards consistent with revised ADAAG will also

serve to address changes to the ADA Standards previously proposed under RIN 1190-AA26, RIN 1190-AA38, RIN 1190-AA47,

and RIN 1190-AA50, all of which have now been withdrawn from the Unified Agenda. These changes include technical

specifications for facilities designed for use by children, accessibility standards for State and local government facilities, play

areas, and recreation facilities, all of which had previously been published by the Access Board. The timetable set forth below

refers to the notice of proposed rulemaking that the Department issued as the second step of the above-described title III

rulemaking. This notice also proposed to eliminate the Uniform Federal Accessibility Standards (UFAS) as an alternative to the

ADA Standards for Accessible Design.

Priority: Economically Significant Agenda Stage of Rulemaking: Final Rule

Major: Yes Unfunded Mandates: No

CFR Citation: 28 CFR 35 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 5 USC 301; 28 USC 509 to 510; 42 USC 12134; PL 101-336

Legal Deadline: None

Timetable:

Action Date FR Cite

ANPRM 09/30/2004 69 FR 58768 

ANPRM Comment Period Extended 01/19/2005 70 FR 2992 

ANPRM Comment Period End 01/28/2005 

ANPRM Comment Period End 05/31/2005 

NPRM 06/17/2008 73 FR 34466 

NPRM Correction 06/30/2008 73 FR 36964 

NPRM Comment Period End 08/18/2008 

Final Action 09/00/2010 

Additional Information: RIN 1190-AA46, which will effect changes to 28 CFR 35 (the Department's regulation

implementing title II of the ADA), is related to another rulemaking of the Civil Rights Division, RIN 1190-AA44, which will effect

changes to 28 CFR 36 (the Department's regulation implementing title III of the ADA). By adopting revised ADAAG, this

rulemaking will, among other things, address changes to the ADA Standards previously proposed in RINs 1190-AA26, 1190-

AA36, and 1190-AA38, which have been withdrawn and merged into this rulemaking. These changes include accessibility

standards for State and local government facilities that had been previously published by the Access Board (RIN 1190-AA26)

and the timing for the compliance of State and local governments with the curb-cut requirements of the title II regulation (RIN

1190-AA36). In order to consolidate regulatory actions implementing title II of the ADA, on February 15, 2000, RINs 1190-AA26

and 1190-AA38 were merged into this rulemaking and on March 5, 2002, RIN 1190-AA36 was merged into this rulemaking.

Regulatory Flexibility Analysis

Required: Governmental Jurisdictions Government Levels Affected: Local; State

Federalism: Yes

Agency Contact: John L. Wodatch

Chief, Disability Rights Section

Department of Justice

Civil Rights Division

950 Pennsylvania Avenue NW

Washington , DC 20030 

Phone: 800 514-0301 

TDD Phone: 800 514-0383

FAX: 202 307-1198

103

Regulations.gov Monday, April 26, 2010 Unified Agenda
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 1973b; 42 USC 1973j(d); 42 USC 1973aa-1a to 1973aa-2

Legal Deadline: None

Timetable:

Action Date FR Cite

Final Action 05/00/2010 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: T. Christian Herren

Acting Chief, Voting Section

Department of Justice

Civil Rights Division

1800 G Street NW

Washington , DC 20006 

Phone: 202 307-2767 

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Regulations.gov Monday, April 26, 2010 Unified Agenda