67670 Federal Register / Vol. 65, No. 219 / Monday, November 13, 2000 / Proposed Rules

manufacturers mark all explosive

materials manufactured with specific

information, including the name of

manufacturer, and the location, date,

and shift of manufacture. Generally,

licensees and permittees must record

the manufacturer’s marks of

identification on all explosives they

receive. These requirements help ensure

that explosive materials can be

effectively traced for criminal

enforcement purposes, i.e., the

explosives can be tracked through the

records kept by licensees and

permittees. This process often provides

valuable information in explosion and

bombing investigations and is useful for

inspection purposes in verifying

inventory and proper conduct of

business practices. However, the

regulations do not require that imported

explosive materials be marked.

Therefore, we are requesting

information and comments from

interested persons on the desirability

and feasibility of marking imported

explosive materials.

Although ATF is soliciting comments

on the following specific questions, we

are also requesting any relevant

information on the subject. 1. Should

explosive materials imported into the

United States contain identification

markings?

2. Should all imported explosive

materials be marked, or should certain

classes of explosive materials, such as

low explosives, be exempt? If you

believe certain classes of explosives

should be exempt from marking, please

provide the reason(s) why such an

exemption is consistent with public

safety.

3. What identification marks, if any,

are currently being placed on imported

explosive materials?

4. What information should appear on

imported explosive materials? ATF

believes that the name and address of

the importer, the name of the country in

which the explosive materials were

manufactured, and the date that the

explosive materials were manufactured

would be sufficient.

5. Assuming that any required

identification marks must be placed on

each cartridge, bag, or other immediate

container of explosive materials that are

imported, as well as on any outside

container used for their packaging, is it

feasible for a U.S. importer to place the

required marks on foreign explosive

materials?

6. How many importers would be

affected by a requirement to place

identification markings on foreign

explosive materials?

7. Of those importers that would be

affected by such a requirement, how

many would be considered a ‘‘small

business concern’’ as provided in the

Small Business Act (15 U.S.C. 631, et

seq.)?

8. What would be the cost burden

imposed on importers for purchasing or

leasing equipment for marking foreign

explosive materials, including

installation and operation?

9. What would the cost be for

importers to contract with a foreign

manufacturer to place the required

marks on explosive materials on behalf

of the importer?

Executive Order 12866

It has been determined that this

advance notice is not a significant

regulatory action as defined by

Executive Order 12866. Accordingly,

this advance notice is not subject to the

analysis required by this Executive

Order.

Public Participation

We are requesting comments on the

petition from all interested persons. We

are specifically requesting comments on

the clarity of this advance notice and

how it may be made easier to

understand.

Comments received on or before the

closing date will be carefully

considered. Comments received after

that date will be given the same

consideration if it is practical to do so,

but assurance of consideration cannot

be given except as to comments received

on or before the closing date.

ATF will not recognize any material

in comments as confidential. Comments

may be disclosed to the public. Any

material that the commenter considers

to be confidential or inappropriate for

disclosure to the public should not be

included in the comment. The name of

the person submitting a comment is not

exempt from disclosure.

You may submit written comments by

facsimile transmission to (202) 927–

8602. Facsimile comments must:

• Be legible;

• Reference this notice number;

• Be 81⁄2′′ × 11′′ in size;

• Contain a legible written signature;

and

• Be not more than three pages long.

We will not acknowledge receipt of

facsimile transmissions. We will treat

facsimile transmissions as originals.

Disclosure

Copies of the petition, this advance

notice, and the comments received will

be available for public inspection during

normal business hours at: ATF Public

Reading Room, Room 6480, 650

Massachusetts Avenue NW.,

Washington, DC.

Drafting Information

The author of this document is James

P. Ficaretta, Regulations Division,

Bureau of Alcohol, Tobacco and

Firearms.

List of Subjects in Part 55

Administrative practice and

procedure, Authority delegations,

Customs duties and inspection,

Explosives, Hazardous materials,

Imports, Penalties, Reporting and

recordkeeping requirements, Safety,

Security measures, Seizures and

forfeitures, Transportation, and

Warehouses.

Authority and Issuance. This notice is

issued under the authority of 18 U.S.C. 846

and 847.

Signed: September 8, 2000.

Bradley A. Buckles,

Director.

Approved: October 11, 2000.

John P. Simpson,

Deputy Assistant Secretary, Regulatory, Tariff

and Trade Enforcement.

[FR Doc. 00–28979 Filed 11–9–00; 8:45 am]

BILLING CODE 4810–31–P

DEPARTMENT OF JUSTICE

Bureau of Prisons

28 CFR Part 552

[BOP–1107–P]

RIN 1120–AB06

Suicide Prevention Program

AGENCY: Bureau of Prisons, Justice.

ACTION: Proposed rule.

SUMMARY: In this document, the Bureau

of Prisons proposes to revise its

regulations on the suicide prevention

program for clarity and to remove

agency management procedures which

do not need to be stated in regulations.

We intend the revised regulations to

provide for the health and safety of

inmates.

DATES: Comments due by January 12,

2001.

ADDRESSES: Rules Unit, Office of

General Counsel, Bureau of Prisons,

HOLC Room 754, 320 First Street, NW.,

Washington, DC 20534.

FOR FURTHER INFORMATION CONTACT:

Sarah Qureshi, Office of General

Counsel, Bureau of Prisons, phone (202)

514–6655.

SUPPLEMENTARY INFORMATION: The

Bureau of Prisons (Bureau) proposes to

revise its regulations on the suicide

prevention program (28 CFR part 552,

Federal Register / Vol. 65, No. 219 / Monday, November 13, 2000 / Proposed Rules 67671

subpart E). Current regulations on this

subject were published in the Federal

Register on April 24, 1990 (55 FR

17355).

What Change Is the Bureau Making?

We are revising the regulations

generally for clarity and to remove

procedures relating to agency

management. The revised regulations

more clearly describe for the inmate

how we identify and protect inmates at

risk for suicide.

Why Is the Bureau Making This

Change?

We are making this change to conform

to the plain language initiative.

Procedures relating to agency

management are exempt from the

rulemaking provisions of the

Administrative Procedure Act (5 U.S.C.

553). Removing these procedures from

the regulations allows us to speak more

directly to inmates.

Revised § 552.40 more precisely states

the purpose of our suicide prevention

program and summarizes how we place

inmates in and remove them from the

program. Former §§ 552.41 through

552.43 are combined in a new § 552.41

which details the specific procedures

we use to identify, refer, assess, and

treat potentially suicidal inmates.

We combined provisions for the

conditions of a suicide watch in former

§§ 552.44, 552.46, and 552.48 in the

new § 552.42. The revised regulations

are more objective based. For example,

the revised regulations require that

rooms designated for housing an inmate

on suicide watch must allow staff to

maintain adequate control of the inmate

without compromising the ability to

observe and protect the inmate.

Previously, the regulations relied

upon a more prescriptive approach of

describing the location of the room

(‘‘. . . a non-administrative detention/

segregation cell ordinarily in the health

services area’’). This prescriptive

approach does not take into account

recent developments in correctional

facility design and construction, and has

become unnecessarily restrictive.

Former §§ 552.45 and 552.49

addressed agency management

procedures, and former § 552.47 affirms

that a previously imposed sanction

remains in effect for an inmate when

that inmate is removed from a suicide

watch. Because our regulations on

inmate discipline sufficiently support

that statement, we removed these three

sections.

Who Does This Change Affect?

This regulation generally affects

inmates in Bureau institutions.

How Can I Comment on the Proposed

Change?

If you want to comment on this

proposed rulemaking, you can submit

data, views, or arguments in writing to

the Rules Unit, Office of General

Counsel, Bureau of Prisons, 320 First

Street, NW., HOLC Room 754,

Washington, DC 20534.

We will consider comments we

receive during the comment period

before we take final action. We will try

to consider comments we receive after

the comment period ends if we can.

All comments received remain on file

for public inspection at the above

address. We may change the proposed

rule in light of the comments received.

We do not expect to hold oral hearings

on this rulemaking.

Executive Order 12866

This rule falls within a category of

actions that the Office of Management

and Budget (OMB) has determined not

to constitute ‘‘significant regulatory

actions’’ under section 3(f) of Executive

Order 12866 and, accordingly, it was

not reviewed by OMB.

Executive Order 13132

This regulation will not have

substantial direct effects on the States,

on the relationship between the national

government and the States, or on

distribution of power and

responsibilities among the various

levels of government. Therefore, under

Executive Order 13132, we determine

that this rule does not have sufficient

federalism implications to warrant the

preparation of a Federalism Assessment.

Regulatory Flexibility Act

The Director of the Bureau of Prisons,

under the Regulatory Flexibility Act (5

U.S.C. 605(b)), reviewed this regulation

and by approving it certifies that it will

not have a significant economic impact

upon a substantial number of small

entities for the following reasons: This

rule pertains to the correctional

management of offenders committed to

the custody of the Attorney General or

the Director of the Bureau of Prisons,

and its economic impact is limited to

the Bureau’s appropriated funds.

Unfunded Mandates Reform Act of

1995

This rule will not result in the

expenditure by State, local and tribal

governments, in the aggregate, or by the

private sector, of $100,000,000 or more

in any one year, and it will not

significantly or uniquely affect small

governments. Therefore, no actions were

deemed necessary under the provisions

of the Unfunded Mandates Reform Act

of 1995.

Small Business Regulatory Enforcement

Fairness Act of 1996

This rule is not a major rule as

defined by section 804 of the Small

Business Regulatory Enforcement

Fairness Act of 1996. This rule will not

result in an annual effect on the

economy of $100,000,000 or more; a

major increase in costs or prices; or

significant adverse effects on

competition, employment, investment,

productivity, innovation, or on the

ability of United States-based

companies to compete with foreignbased companies in domestic and

export markets.

Plain Language Instructions

We want to make Bureau documents

easier to read and understand. If you

can suggest how to improve the clarity

of these regulations, call or write Sarah

Qureshi at the telephone number or

address listed above.

List of Subjects in 28 CFR Part 552

Prisoners.

Kathleen Hawk Sawyer,

Director, Bureau of Prisons.

Accordingly, under the rulemaking

authority vested in the Attorney General

in 5 U.S.C. 552(a) and delegated to the

Director, Bureau of Prisons, we propose

to amend 28 CFR part 552, chapter V,

subchapter C, as follows.

SUBCHAPTER C—INSTITUTIONAL

MANAGEMENT

PART 552—CUSTODY

1. The authority citation for 28 CFR

part 552 continues to read as follows:

Authority: 5 U.S.C. 301; 18 U.S.C. 3621,

3622, 3624, 4001, 4042, 4081, 4082 (Repealed

in part as to offenses committed on or after

November 1, 1987), 5006–5024 (Repealed

October 12, 1984, as to offenses committed

after that date), 5039; 28 U.S.C. 509, 510; 28

CFR 0.95–0.99.

2. Revise subpart E to read as follows:

Subpart E—Suicide Prevention

Program

Sec.

552.40 Purpose and scope.

552.41 Program procedures.

552.42 Suicide watch conditions.

Subpart E—Suicide Prevention

Program

§ 552.40 Purpose and scope.

The Bureau of Prisons (Bureau)

operates a suicide prevention program

in order to assist staff in identifying and

managing potentially suicidal inmates.

67672 Federal Register / Vol. 65, No. 219 / Monday, November 13, 2000 / Proposed Rules

When staff identify an inmate as being

at risk for suicide, staff will place the

inmate on suicide watch. Based upon

clinical findings, staff will either

terminate the suicide watch when the

inmate is no longer at imminent risk for

suicide or arrange for the inmate’s

transfer to a medical referral center or

contract health care facility.

§ 552.41 Program procedures.

(a) Program Coordinator. Each

institution must have a Program

Coordinator for the institution’s suicide

prevention program.

(b) Training. The Program Coordinator

is responsible for ensuring that

appropriate training is available to staff

and to inmates selected as inmate

observers.

(c) Identification of at-risk inmates.

(1) Medical staff are to screen a newly

admitted inmate for signs that the

inmate is at risk for suicide. Ordinarily,

this screening is to take place within

twenty-four hours of the inmate’s

admission to the institution.

(2) Staff (whether medical or nonmedical) may make an identification at

any time based upon the inmate’s

observed behavior.

(d) Referral. Staff who identify an

inmate to be at risk for suicide will have

the inmate placed on suicide watch.

(e) Assessment. A psychologist will

clinically assess each inmate placed on

suicide watch.

(f) Intervention. Upon completion of

the clinical assessment, the Program

Coordinator or designee will determine

the appropriate intervention that best

meets the needs of the inmate.

§ 552.42 Suicide watch conditions.

(a) Housing. Each institution must

have one or more rooms designated

specifically for housing an inmate on

suicide watch. The designated room

must allow staff to maintain adequate

control of the inmate without

compromising the ability to observe and

protect the inmate.

(b) Observation. (1) Staff or trained

inmate observers operating in scheduled

shifts are responsible for keeping the

inmate under constant observation.

(2) Only the Warden may authorize

the use of inmate observers.

(3) Inmate observers are considered to

be on an institution work assignment

when they are on their scheduled shift.

(c) Suicide watch log. Observers are to

document significant observed behavior

in a log book.

(d) Termination. Based upon clinical

findings, the Program Coordinator or

designee will:

(1) Remove the inmate from suicide

watch when the inmate is no longer at

imminent risk for suicide, or

(2) Arrange for the inmate’s transfer to

a medical referral center or contract

health care facility.

[FR Doc. 00–28905 Filed 11–9–00; 8:45 am]

BILLING CODE 4410–05–U

DEPARTMENT OF LABOR

Occupational Safety and Health

Administration

29 CFR Part 1956

[Docket No. T–034]

RIN 1218–AB98

Notice of the Submission of the New

Jersey State Plan for Public

Employees Only; Proposal To Grant

Initial State Plan Approval; Request for

Public Comment and Opportunity To

Request Public Hearing

AGENCY: Occupational Safety and Health

Administration, Department of Labor

(OSHA).

ACTION: Proposed rule: Initial State Plan

approval; request for written comments;

notice of opportunity to request

informal public hearing.

SUMMARY: This document gives notice of

the submission by the New Jersey

Department of Labor of a State

occupational safety and health plan,

applicable only to public sector

employment (employees of the State

and its political subdivisions), for

determination of initial approval under

section 18 of the Occupational Safety

and Health Act of 1970 (the ‘‘Act’’).

OSHA is seeking written public

comment on whether or not initial State

plan approval should be granted and

offers an opportunity to interested

persons to request an informal public

hearing on the question of initial State

plan approval.

Approval of the New Jersey Public

Employee Only State plan will be

contingent upon a determination that

the plan meets OSHA’s plan approval

criteria and the availability of funding

as contained in the Department of

Labor’s Fiscal Year 2001 budget, which

is currently pending final Congressional

and Executive action.

DATES: Written comments or requests for

a hearing must be received by December

13, 2000.

ADDRESSES: Written comments or

request for a hearing should be

submitted in duplicate, to the Docket

Officer, Docket T–034, U.S. Department

of Labor, Room N2625, 200 Constitution

Avenue, NW., Washington, DC 20210,

telephone (202) 693–2350. Comments

limited to 10 pages or fewer may also be

transmitted by FAX to: (202) 693–1648,

provided that the original and one copy

of the comments are sent to the Docket

Office immediately thereafter.

Electronic comments may be submitted

on the Internet at: http://

ecomments.osha.gov/.

FOR FURTHER INFORMATION CONTACT:

Bonnie Friedman, Director, Office of

Information and Consumer Affairs,

Occupational Safety and Health

Administration, U.S. Department of

Labor, Room N–3637, 200 Constitution

Avenue, NW., Washington, DC 20210;

telephone (202) 693–1999.

SUPPLEMENTARY INFORMATION:

A. Background

Section 18 of the Occupational Safety

and Health Act of 1970 (the ‘‘Act’’) 29

U.S.C. 667 provides that a State which

desires to assume responsibility for the

development and enforcement of

standards relating to any occupational

safety and health issue with respect to

which a Federal standard has been

promulgated may submit a State plan to

the Assistant Secretary of Labor for

Occupational Safety and Health

(‘‘Assistant Secretary’’) documenting in

detail the proposed program.

Regulations promulgated pursuant to

the Act at 29 CFR part 1956 provide that

a State may submit a State plan for the

development and enforcement of

occupational safety and health

standards applicable only to employees

of the State and its political

subdivisions (‘‘public employees’’).

Under these regulations the Assistant

Secretary will approve a State plan for

public employees if the plan provides

for the development and enforcement of

standards relating to hazards in

employment covered by the plan which

are or will be at least as effective in

providing safe and healthful

employment and places of employment

for public employees as standards

promulgated and enforced under section

6 of the Federal Act, giving due

consideration to differences between

public and private sector employment.

In making this determination the

Assistant Secretary will consider,

among other things, the criteria and

indices of effectiveness set forth in 29

CFR part 1956, Subpart B.

B. New Jersey State Plan History

In 1973, the New Jersey Department of

Labor and Industry obtained OSHA

approval of a State plan for the

enforcement of occupational safety and

health standards covering private sector

workplaces as well as a program for