70466 Federal Register / Vol. 65, No. 227 / Friday, November 24, 2000 / Rules and Regulations

DEPARTMENT OF HEALTH AND

HUMAN SERVICES

Food and Drug Administration

21 CFR Part 101

[Docket Nos. 00P–1275 and 00P–1276]

Food Labeling: Health Claims; Plant

Sterol/Stanol Esters and Coronary

Heart Disease; Correction

AGENCY: Food and Drug Administration,

HHS.

ACTION: Interim final rule; correction.

SUMMARY: The Food and Drug

Administration (FDA) is correcting an

interim final rule that appeared in the

Federal Register of September 8, 2000

(65 FR 54686). The interim final rule

authorized the use in food labeling of

health claims on the association

between plant sterol/stanol esters and

reduced risk of coronary heart disease

(CHD), pending consideration of public

comment and publication of a final

regulation. The interim final rule was

published with inadvertent errors. This

document corrects those errors.

DATES: Effective September 8, 2000.

FOR FURTHER INFORMATION CONTACT:

James E. Hoadley, Center for Food

Safety and Applied Nutrition (HFS–

832), 200 C St. SW., Washington, DC

20204, 202–205–5372.

SUPPLEMENTARY INFORMATION: In FR Doc.

00–22892, appearing on page 54686 in

the Federal Register of Friday,

September 8, 2000, the following

corrections are made:

1. On page 54687, in the second

column, under the heading, ‘‘II.

Petitions for Plant Sterol/Stanol Esters

and Reduced Risk of CHD,’’ in the 17th

line, the phrase ‘‘extension of 30 days’’

is corrected to read ‘‘extension of 28

days’’.

2. On page 54687, in the second

column, in the 18th line, at the end of

the paragraph, the following sentence is

added: ‘‘This interim final rule went on

public display at the Office of the

Federal Register on September 5, 2000.’’

3. On page 54687, in the second

column, in the last sentence of the first

full paragraph, the phrase ‘‘an extension

of the deadline to publish a proposed

regulation’’ is corrected to read ‘‘an

extension of the deadline for the

petition’’.

4. On page 54687, in the second

column, after the last sentence of the

first full paragraph, the following

sentence is added: ‘‘As previously

noted, this interim final rule went on

public display at the Office of the

Federal Register on September 5, 2000.’’

5. On page 54687, in the third

column, in the last paragraph, under the

heading ‘‘a. Plant esterol esters’’,

beginning in the 4th line, the phrase

‘‘esterified to food-grade fatty acids’’ is

corrected to read ‘‘esterified with foodgrade fatty acids’’.

6. On page 54688, in the second

column, under the heading ‘‘b. Plant

stanol esters’’, beginning in the 4th line,

the phrase ‘‘esterified to food-grade fatty

acids’’ is corrected to read ‘‘esterified

with food-grade fatty acids’’.

7. On page 54693, in the first column,

in the first full paragraph, in the 17th

line, the phrase ‘‘esterified to sunflower

oil’’ is corrected to read ‘‘esterified with

sunflower oil’’.

8. On page 54693, in the third

column, in the first full paragraph, in

the 35th line, the symbol ‘‘N’’ is

corrected to read ‘‘n’’.

9. On page 54715, in the third

column, in Ref. 37, the phrase ‘‘London:

Academic’’ is corrected to read

‘‘London: Academic Press’’.

10. On page 54716, in the first and

second columns, in Refs. 60 and 63, the

word ‘‘Atheroscelrosis’’ is corrected to

read ‘‘Atherosclerosis’’.

11. On page 54717, in the second

column, in Ref. 102, the word

‘‘IsokaAE4aAE4ntaAE4’’ is corrected to

read ‘‘Isokaanta’’.

§ 101.83 [Corrected]

The following corrections are made in

§ 101.83 Health claims: plant sterol/

stanol esters and risk of coronary heart

disease (CHD).

12. On page 54718, in the second

column, in paragraph (c)(2)(ii)(A)(2), in

the 4th line, the phrase ‘‘February 1,

2000, the method,’’ is corrected to read

‘‘February 1, 2000. The method,’’.

13. On page 54719, in the second

column, in paragraph (e)(1)(i), and in

the third column, in paragraphs

(e)(1)(ii), (e)(2)(i), and (e)(2)(ii), the

phrase ‘‘serving of [name of the food]

supplies grams’’ is corrected to read

‘‘serving of [name of the food] supplies

lll grams’’.

Dated: November 20, 2000.

Margaret M. Dotzel,

Associate Commissioner for Policy.

[FR Doc. 00–30045 Filed 11–21–00; 9:47 am]

BILLING CODE 4160–01–F

DEPARTMENT OF JUSTICE

Parole Commission

28 CFR Part 2

Offenders Serving Terms of

Supervised Release Imposed by the

Superior Court of the District of

Columbia

AGENCY: United States Parole

Commission, Justice.

ACTION: Interim rule with request for

comments.

SUMMARY: The U.S. Parole Commission

is publishing interim rules to govern the

supervision of released prisoners who

are serving terms of supervised release

imposed by the Superior Court of the

District of Columbia. The Commission

has assumed this function pursuant to

the National Capital Revitalization and

Self-Government Improvement Act of

1997. Under that Act, an offender who

is convicted of a crime under the

District of Columbia Code that was

committed on or after August 5, 2000,

will receive a term of supervised release

to follow the completion of the

offender’s term of imprisonment.

Because parole is abolished for these

offenders, supervised release will

replace parole as the means of providing

them with post-imprisonment

supervision and treatment in order to

minimize their chances of recidivism

and protect the public safety.

DATES: Effective Date: December 26,

2000. Comments must be received by

January 30, 2001.

ADDRESSES: Send comments to office of

General Counsel, U.S. Parole

Commission, 5550 Friendship Blvd.,

Chevy Chase, Maryland 20815.

FOR FURTHER INFORMATION CONTACT:

Pamela A. Posch, Office of the General

Counsel, U.S. Parole Commission, 5550

Friendship Blvd., Chevy Chase,

Maryland 20815, telephone (301) 492–

5959.

SUPPLEMENTARY INFORMATION: Under the

National Capital Revitalization and SelfGovernment Improvement Act of 1977,

the District of Columbia was required to

amend the District of Columbia Code in

order to accomplish major changes in

sentencing for offenses committed on or

after August 5, 2000. Among those

changes was a requirement that parole

be abolished for many offenses, and

replaced by terms of supervised release

to be imposed at the time of sentencing

and served following release from

imprisonment. The District of Columbia

carried out these requirements through

the Sentencing Reform Amendment Act

Federal Register / Vol. 65, No. 227 / Friday, November 24, 2000 / Rules and Regulations 70467

of 2000, which abolishes parole and

establishes maximum terms of

supervised release to be imposed at the

time of sentencing, together with

maximum penalties to be followed in

the event a term of supervised release is

revoked. This law applies only to

offenders who are convicted of crimes

committed on or after August 11, 2000.

(It does not apply to offenders who are

serving sentences that include eligibility

for parole.)

The Revitalization Act also provided

that offenders who are sentenced to

serve terms of supervised release

imposed by the Superior Court of the

District of Columbia shall be subject to

the authority of the U.S. Parole

Commission. The Commission was

given the same authority over Superior

Court supervised releasees as is

exercised by the U.S. District Courts

over federal supervised releasees under

18 U.S.C. 3583. The sole exception is

that any extension of a term of

supervised release imposed by the

Superior Court must be ordered by the

Superior Court. Further, the

Revitalization Act specifies that the

procedures to be followed by the

Commission in exercising its authority

over Superior Court supervised

releasees are the procedures applicable

to federal parolees under the Parole

Commission and Reorganization Act of

1976, as set forth in Chapter 311 of Title

18, United States Code.

The Commission is, accordingly,

soliciting public comment on the

regulations it proposes to adopt in order

to carry out this new function. The

interim regulations cover all aspects of

the supervised release function, from

the commencement of a term of

supervised release and the setting of the

conditions of release, to the procedures

and penalty provisions governing the

revocation process in a case where the

conditions of release are violated by the

releasee. The regulations implement the

substantive provisions of 18 U.S.C. 3583

and D.C. Code 24–1233 (the relevant

provisions of the Revitalization Act),

and incorporate the relevant procedural

requirements of Chapter 311 of Title 18,

U.S. Code, as implemented at 28 CFR

part 2, subpart A.

To assist the Commission in making

the determinations required by the

supervised release function, the

Commission is also proposing to adopt

guidelines both for early termination

decisions and for decisions to

reimprison following revocation of

supervised release. The early

termination guidelines are based on the

guidelines currently applicable to D.C.

Code parolees with respect to the

release of such parolees from active

supervision. See CFR 2.95 (2000). The

guidelines for determining the length of

any new term of imprisonment to be

imposed upon revocation of supervised

release are the reparole guidelines made

applicable to federal parolees at 28 CFR

2.21 and to D.C. Code parolees at 28

CFR 2.81. However, the maximum

authorized terms of reimprisonment and

further supervised release that may be

imposed upon revocation of supervised

release are established by 18 U.S.C.

3583(h) and by the Sentencing Reform

Amendment Act of 2000. These

maximum penalty provisions, which are

significantly different from those

applicable in the context of parole

revocations, are set forth in these

regulations. Because the applicable

penalties are determined by reference to

the original offense of conviction, a

comprehensive reference table is set

forth in these interim regulations so that

hearing examiners, supervised releasees,

and their representatives, will clearly

understand the limits within which the

Commission’s decision is to be made at

a revocation hearing.

These interim rules are being made

effective as interim rules so that any

offender who commences a term of

supervised release in the near future can

be effectively supervised pending

consideration of final regulations.

Public comment is invited on all aspects

of these interim rules, and will be

considered by the Commission prior to

adopting final rules.

Implementation

The interim regulations set forth

below will be applied solely to

offenders serving terms of supervised

release that have been imposed by the

Superior Court of the District of

Colombia for crimes committed on or

after August 5, 2000. There is no

retroactive application to other

offenders. Supervision will be provided

by the Court Services and Offender

Supervision Agency (CSOSA). In the

case of terms of supervised release

under the District of Columbia Code that

are imposed by the U.S. District Court

for the District of Columbia, such terms

of supervised release will be under the

exclusive jurisdiction of the U.S.

District Court for the District of

Columbia and supervision will be

carried out by the U.S. Probation Office

rather than CSOSA.

Regulatory Assessment Requirements

The U.S. Parole Commission has

determined that these interim rules do

not constitute a significant rule within

the meaning of Executive Order 12866.

The rules will not have a significant

economic impact upon a substantial

number of small entities within the

meaning of the Regulatory Flexibility

Act, 5 U.S.C. 605(b), and are deemed by

the Commission to be rules of agency

practice that will not substantially effect

the rights or obligations of non-agency

parties pursuant to Section 804(3)(C) of

the Congressional Review Act.

List of Subjects in 28 CFR Part 2

Administrative practice and

procedure, Probation and parole,

Prisoners.

The Amendment

Accordingly, the U.S. Parole

Commission is adopting the following

amendment to 28 CFR part 2.

PART 2—[AMENDED]

1. The authority citation for 28 CFR

part 2 continues to read as follows:

Authority: 18 U.S.C. 4203(a)(1) and

4204(a)(6).

2. 28 CFR part 2 is amended to add

a new subpart D consisting of §§ 2.200

through 2.219, which is to read as

follows:

Subpart D—District of Columbia Code

Supervised Releasees

Sec.

2.200 Authority, jurisdiction and functions

of the U.S. Parole Commission with

respect to offenders serving terms of

supervised release imposed by the

Superior Court of the District of

Columbia.

2.201 Period of supervised release.

2.202 Prerelease procedures.

2.203 Certificate of supervised release.

2.204 Conditions of supervised release.

2.205 Confidentiality of supervised release

records.

2.206 Travel approval and transfers of

supervision.

2.207 Supervision reports to Commission.

2.208 Termination of a term of supervised

release.

2.209 Order of termination.

2.210 Extension of term.

2.211 Summons to appear or warrant for

retaking releasee.

2.212 Execution of warrant and service of

summons.

2.213 Warrant placed as detainer and

dispositional review.

2.214 Revocation; preliminary interview.

2.215 Place of revocation hearing.

2.216 Revocation hearing procedure.

2.217 Issuance of subpoena for appearance

of witnesses or production of documents.

2.218 Revocation decisions.

2.219 Maximum terms of imprisonment and

supervised release.

70468 Federal Register / Vol. 65, No. 227 / Friday, November 24, 2000 / Rules and Regulations

Subpart D—District of Columbia Code

Supervised Releasees

§ 2.200 Authority, jurisdiction, and

functions of the U.S. Parole Commission

with respect to offenders serving terms of

supervised release imposed by the Superior

Court of the District of Columbia.

(a) The U.S. Parole Commission has

jurisdiction, pursuant to D.C. Code 24–

1233(c)(2), over all offenders serving

terms of supervised release imposed by

the Superior Court of the District of

Columbia under the Sentencing Reform

Amendment Act of 2000.

(b) The U.S. Parole Commission shall

have and exercise the same authority

with respect to a term of supervised

release as is vested in the United States

district courts by 18 U.S.C. 3583(d)

through(i), except that:

(1) The procedures followed by the

Commission in exercising that authority

shall be those set forth with respect to

offenders on federal parole at 18 U.S.C.

4209 through 4215 (Chapter 311 of 18

United States Code); and

(2) An extension of a term of

supervised release under subsection

(e)(2) of 18 U.S.C. 3583 may only be

ordered by the Superior Court upon

motion from the Commission.

(c) Within the District of Columbia,

supervision of offenders on terms of

supervised release under the

Commission’s jurisdiction is carried out

by the Community Supervision Officers

of the Court Services and Offender

Supervision Agency (CSOSA), pursuant

to D.C. Code 24–1233(c)(2). Outside the

District of Columbia, supervision is

carried out by United States Probation

Officers pursuant to 18 U.S.C. 3655. For

the purpose of this subpart, any

reference to a ‘‘Supervision Officer’’

shall include both a Community

Supervision Officer of CSOSA and a

United States Probation Officer in the

case of a releasee who is under

supervision outside the District of

Columbia.

§ 2.201 Period of supervised release.

A period of supervised release that is

subject to the Commission’s jurisdiction

begins to run on the day the offender is

released from prison and continues to

the expiration of the full term imposed

by the Superior Court, unless early

termination is granted by the

Commission. In the case of multiple

terms of supervised release imposed by

the Superior Court, all terms are deemed

to be absorbed by the longest term

imposed, which shall be the controlling

term for all purposes under this part,

including the calculation of the

maximum authorized penalties that may

be imposed if supervised release is

revoked. A term of supervised release

shall run concurrently with any federal,

state, or local term of probation, parole

or supervised release for another

offense, but does not run while the

offender is imprisoned in connection

with a conviction for a federal, state, or

local crime unless the period of

imprisonment is less than 30 days. Such

interruption of the term of supervised

release is automatic, and is not

dependent upon the issuance of a

warrant or an order of revocation by the

Commission.

§ 2.202 Prerelease procedures.

(a) At least three months, but not

more than six months, prior to the

release of a prisoner who has been

sentenced to a term or terms of

supervised release by the Superior

Court, the responsible prison officials

shall have the prisoner’s release plan

forwarded to CSOSA (or to the

appropriate U.S. Probation Office) for

investigation. If the CSOSA Supervision

Officer (or U.S. Probation Officer)

believes that any special condition of

supervised release should be imposed

prior to the release of the prisoner, he

shall forward a request for such

condition to the Commission. The

Commission may, upon such request or

of its own accord, impose any special

condition in addition to the standard

conditions specified in § 2.204, which

shall take effect on the day the prisoner

is released.

(b) Upon the release of the prisoner,

the responsible prison officials shall

instruct the prisoner, in writing, to

report to his assigned Supervision

Officer within 72 hours, and shall

inform the prisoner that failure to report

on time shall constitute a violation of

supervised release. If the prisoner is

released to the custody of other

authorities, the prisoner shall report to

his Supervision Officer within 72 hours

after his release from the physical

custody of such authorities. If he is

outside the District of Columbia and is

unable to report to the Supervision

Officer to whom he is assigned within

72 hours, he shall report instead to the

nearest U.S. Probation Office.

§ 2.203 Certificate of supervised release.

When an offender who has been

released from prison to serve a term of

supervised release imposed by the

Superior Court reports to his

Supervision Officer for the first time,

the Supervision Officer shall deliver to

the releasee a certificate bearing the

conditions of supervised release

imposed by the Commission and shall

explain the conditions to the releasee.

§ 2.204 Conditions of supervised release.

(a) The following conditions shall

apply to every term of supervised

release, and are deemed by the

Commission to be necessary to provide

adequate supervision and to protect the

public from further crimes of the

releasee:

(1) The releasee shall not commit any

federal, state, or local crime during the

term of supervision, nor shall he

associate with persons engaged in

criminal activity. The releasee shall

report within two days to his

Supervision Officer if he is arrested or

questioned by any law enforcement

officer.

(2) The releasee shall not drink

alcoholic beverages to excess. He shall

not purchase, possess, use or administer

any controlled substance unless

prescribed for the releasee by a

physician. The releasee shall not

frequent places where such controlled

substances are illegally sold, dispensed,

used, or given away.

(3) The releasee shall submit to a drug

urinalysis test, within 15 days of being

placed on supervision, and to at least

two periodic drug tests thereafter, as

ordered by his Supervision Officer. The

Commission may modify or suspend

this condition if the record indicates

that there is a low risk of future

substance abuse by the releasee.

(4) The releasee shall submit to a drug

or alcohol test at any time during the

term of supervision, whenever such

testing is ordered by his Supervision

Officer.

(5) The releasee shall not leave the

limits fixed by his certificate of

supervised release without permission

from his Supervision Officer.

(6) The releasee shall notify his

Supervision Officer of the address

where he will reside and of any change

in his place of residence within two

days of such change.

(7) The releasee shall make a

complete and truthful written report (on

a form provided for that purpose) to his

Supervision Officer between the first

and third day of each month. He shall

also report to his Supervision Officer at

other times as the officer directs,

providing complete and truthful

information.

(8) The releasee shall not enter into

any agreement to act as an informant or

special agent for any law-enforcement

agency without prior authorization from

the Commission.

(9) The releasee shall work regularly

unless excused by his Supervision

Officer, and shall support his legal

dependants, if any, to the best of his

ability. He shall report within two days

to his Supervision Officer any changes

Federal Register / Vol. 65, No. 227 / Friday, November 24, 2000 / Rules and Regulations 70469

in his employment or employment

status.

(10) The releasee shall not associate

with persons who have a criminal

record without the permission of his

Supervision Officer.

(11) The releasee shall not possess a

firearm or other dangerous weapon.

(12) The releasee shall permit visits

by his Supervision Officer to his

residence and to his place of business or

occupation. He shall permit confiscation

by his Supervision Officer of any

material which the officer believes may

constitute contraband in the releasee’s

residence, place of business or

occupation, vehicle, or on his person.

The Commission may also, when a

reasonable basis for so doing is

presented, modify the conditions of

supervised release to require the

releasee to permit his Supervision

Officer to conduct searches and seizures

of concealed contraband on the

releasee’s person, and in any building,

vehicle, or other area under the

releasee’s control, at such times as the

officer shall decide.

(13) The releasee shall make a diligent

effort to satisfy any fine, restitution

order, court costs or assessment, and/or

court ordered child support or alimony

payment that has been, or may be,

imposed, and shall provide such

financial information as may be

requested by his Supervision Officer

that is relevant to the payment of the

obligation. If unable to pay the

obligation in one sum, the releasee shall

cooperate with his Supervision Officer

in establishing an installment payment

schedule. In determining whether to

revoke supervised release for noncompliance with this condition, the

Commission shall consider the

releasee’s employment status, earning

ability, financial resources, and any

other special circumstances that may

have a bearing on the matter. Revocation

shall not be ordered unless the releasee

is found to be deliberately evading or

refusing compliance.

(14) If released to the District of

Columbia, the releasee shall submit to

the sanctions imposed by his

Community Supervision Officer (within

the limits established by the CSOSA

Administrative Sanctions Schedule) if

the Community Supervision Officer

finds that the releasee has tested

positive for illegal drugs or that he has

committed any non-criminal violation

of the conditions of supervised release.

Graduated sanctions may include

community service, curfew with

electronic monitoring, and/or a period

of time in a community corrections

center. The releasee’s failure to

cooperate with a graduated sanction

imposed by his Supervision Officer will

subject the releasee to the issuance of a

summons or warrant by the

Commission, and a revocation hearing

at which the releasee will be afforded

the opportunity to contest the

allegations upon which the sanction

was based. In addition, the Commission

may override the imposition of a

graduated sanction at any time and

issue a warrant or summons if it

believes that the releasee is a risk to the

public safety or that he is not complying

with this condition in good faith.

(b) The Commission or a member

thereof may at any time modify the

conditions of supervised release, which

may include imposing additional

conditions. In so doing, the Commission

shall consider the factors referenced in

18 U.S.C. 3583(d). The releasee shall

receive notice of the proposed

modification and unless waived shall

have ten days following receipt of such

notice to express his views thereon.

Following the ten day period, the

Commission shall have 21 days,

exclusive of holidays, to modify the

conditions of supervised release. The

ten-day notice requirement shall not

apply to a modification of the

conditions of release in the following

circumstances:

(1) Following a revocation hearing;

(2) Upon a finding that immediate

modification of the conditions of release

is required to prevent harm to the

releasee or to the public; or

(3) In response to a request by the

releasee.

(c) The Commission may, as a

condition of supervised release, require

the releasee to reside in a community

corrections center, or to participate in

the program of a residential treatment

center, or both, for all or part of the

period of supervised release, as part of

a program of treatment.

(d) The Commission may require the

releasee to remain at his place of

residence during non-working hours

and, if the Commission so directs, to

have compliance with this condition

monitored by telephone or electronic

signaling devices. A condition under

this paragraph may be imposed only as

an alternative to incarceration.

(e) The Commission may require a

releasee, when there is evidence of prior

or current alcohol dependence or abuse,

to participate in an alcohol aftercare

treatment program. In such a case, the

Commission will require that the

releasee abstain from the use of alcohol

and/or all other intoxicants during and

after the course of treatment.

(f) The Commission may require a

releasee, where there is evidence of

prior or current drug dependence or

abuse, to participate in a drug treatment

program, which shall include at least

two periodic tests to determine whether

the releasee has reverted to the use of

drugs (including alcohol). In such a

case, the Commission will require that

the releasee abstain from the use of

alcohol and/or all other intoxicants

during and after the course of treatment.

(g) If the conviction resulting in the

term of supervised release is the

releasee’s first conviction for a crime of

domestic violence as defined in 18

U.S.C. 3561(b), the releasee shall, at the

direction of his Supervision Officer,

attend a public, private, or private

nonprofit offender rehabilitation

program that has been approved by

CSOSA (or the U.S. Probation Office), in

consultation with a State Coalition

Against Domestic Violence or other

appropriate experts, if such an approved

program is readily available within a 50-

mile radius of the legal residence of the

releasee. For the purposes of this

condition, a ‘‘court of the United States’’

in 18 U.S.C. 3561(b) shall include the

District of Columbia Superior Court.

The Commission shall not be limited by

this requirement from imposing any

appropriate condition with respect to a

repeat offender.

(h) A releasee who has committed an

offense for which sex offender

registration is required under D.C. Code

24–1121 et seq., shall comply with the

registration requirements of Chapter 11

of Title 24, D.C. Code, and with the sex

offender registration laws of any state in

which the releasee resides, works, or

attends school.

(i) Any releasee who absconds from

supervision has effectively prevented

his term of supervised release from

expiring. Therefore, the releasee

remains bound by the conditions of his

release, and violations committed at any

time prior to execution of a warrant

issued by the Commission, whether

before or after the originally scheduled

expiration date of the term of supervised

release, may be charged as a basis for

revocation. In such a case, the warrant

may be supplemented at any time.

(j) Releasees are expected by the

Commission to understand the

conditions of supervision according to

their plain meaning, and to seek the

guidance of their Supervision Officers

before engaging in any conduct that may

constitute a violation thereof.

Supervision Officers may issue

instructions to releasees to refrain from

particular conduct that would violate

supervised release, or to take specific

steps to avoid or correct a violation

thereof, as well as such other directives

as may be authorized by the conditions

imposed by the Commission.

70470 Federal Register / Vol. 65, No. 227 / Friday, November 24, 2000 / Rules and Regulations

§ 2.205 Confidentiality of supervised

release records.

(a) Consistent with the Privacy Act of

1974 (5 U.S.C. 552a(b)), the contents of

supervised release records shall be

confidential and shall not be disclosed

outside the Commission and CSOSA (or

the U.S. Probation Office) except as

provided in paragraphs (b) and (c) of

this section.

(b) Information pertaining to a

releasee may be disclosed to the general

public, without the consent of the

releasee, as authorized by § 2.37.

(c) Information other than as

described in § 2.37 may be disclosed

without the consent of the releasee only

pursuant to the provisions of the

Privacy Act of 1974 (5 U.S.C. 552a(b))

and the implementing rules of the

Commission or CSOSA, as applicable.

§ 2.206 Travel approval and transfers of

supervision.

(a) A releasee’s Supervision Officer

may approve travel outside the district

of supervision without approval of the

Commission in the following situations:

(1) Trips not to exceed thirty days for

family emergencies, vacations, and

similar personal reasons;

(2) Trips, not to exceed thirty days, to

investigate reasonably certain

employment possibilities; and

(3) Recurring travel across a district

boundary, not to exceed fifty miles

outside the district, for purpose of

employment, shopping, or recreation.

(b) Specific advance approval by the

Commission is required for all foreign

travel, employment requiring recurring

travel more than fifty miles outside the

district, and vacation travel outside the

district of supervision exceeding thirty

days. A request for such permission

shall be in writing and must

demonstrate a substantial need for such

travel.

(c) A special condition imposed by

the Commission prohibiting certain

travel shall apply instead of any general

rules relating to travel as set forth in

paragraph (a) of this section.

(d) The district of supervision for a

releasee under the supervision of

CSOSA shall be the District of

Columbia, except that for the purpose of

travel permission under this section, the

district of supervision shall include the

D.C. metropolitan area as defined in the

certificate of supervised release.

(e) A supervised releasee who is

under the jurisdiction of the

Commission, and who is released or

transfers to a district outside the District

of Columbia, shall be supervised by a

U.S. Probation Officer pursuant to 18

U.S.C. 3655.

(f) A supervised releasee may be

transferred to a new district of

supervision with the permission of the

supervision offices of both the

transferring and receiving district,

provided such transfer is not contrary to

instructions from the Commission.

§ 2.207 Supervision reports to

Commission.

An initial supervision report to

confirm the satisfactory initial progress

of the releasee shall be submitted to the

Commission 90 days after the offender’s

release from prison, by the Supervision

Officer responsible for the releasee’s

supervision. A regular supervision

report shall be submitted to the

Commission by the officer responsible

for the supervision of the releasee after

the completion of 12 months of

continuous community supervision and

annually thereafter. The Supervision

Officer shall submit such additional

reports and information concerning both

the releasee, and the enforcement of the

conditions of supervised release, as the

Commission may direct. All reports

shall be submitted according to the

format established by the Commission.

§ 2.208 Termination of a term of

supervised release.

(a) The Commission, in its discretion,

may terminate a term of supervised

release and discharge the releasee from

further supervision at any time after the

expiration of one year of supervised

release, if the Commission is satisfied

that such action is warranted by the

conduct of the releasee and the interest

of justice.

(b) Two years after release on

supervision, and at least annually

thereafter, the Commission shall review

the status of each releasee to determine

the need for continued supervision. In

calculating such two-year period there

shall not be included any period of

release prior to the most recent release,

nor any period served in confinement

on any other sentence. A review shall

also be conducted whenever

termination of supervision is specially

recommended by the releasee’s

Supervision Officer. If the term of

supervised release imposed by the court

is two years or less, termination of

supervision shall be considered only if

specially recommended by the

releasee’s Supervision Officer.

(c) In determining whether to grant

early termination of supervision, the

Commission shall calculate for the

releasee a Salient Factor Score under

§ 2.20, and shall apply the following

early termination guidelines, provided

that case-specific factors do not indicate

a need for continued supervision:

(1) For a releasee classified in the very

good risk category and whose current

offense did not involve violence,

termination of supervision may be

ordered after two continuous years of

incident-free supervision in the

community.

(2) For a releasee classified in the very

good risk category and whose current

offense involved violence other than

high level violence, termination of

supervision may be ordered after three

continuous years of incident-free

supervision in the community.

(3) For a releasee classified in the very

good risk category and whose current

offense involved high level violence

(without death of victim resulting),

termination of supervision may be

ordered after four continuous years of

incident-free supervision in the

community.

(4) For a releasee classified in other

than the very good risk category, whose

current offense did not involve violence,

and whose prior record includes not

more than one episode of felony

violence, termination of supervision

may be ordered after three continuous

years of incident-free supervision in the

community.

(5) For a releasee classified in other

than the very good risk category whose

current offense involved violence other

than high level violence, or whose

current offense did not involve violence

but his prior record includes two or

more episodes of felony violence,

termination of supervision may be

ordered after four continuous years

incident-free supervision in the

community.

(6) For releasees in the following

categories, release from supervision

prior to five years may be ordered only

upon a case-specific finding that, by

reason of age, infirmity, or other

compelling factors, the releasee is

unlikely to be a threat to the public

safety:

(i) A releasee in other than the very

good risk category whose current

offense involved high level violence;

(ii) A releasee whose current offense

involved high level violence with death

of victim resulting; and

(iii) A releasee who is a sex offender

serving a term of supervised release that

exceeds five years.

(7) The terms ‘‘violence’’ and ‘‘high

level violence’’ are defined in § 2.80.

The term ‘‘incident-free supervision’’

means that the releasee has had no

reported violations, and has not been

the subject of any arrest or law

enforcement investigation that raises a

reasonable doubt as to whether the

releasee has been able to refrain from

law violations while under supervision.

(d) Except in the case of a releasee

covered by paragraph (c)(6) of this

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section, a decision to terminate

supervision below the guidelines may

be made if it appears that the releasee

is a better risk than indicated by the

salient factor score (if classified in other

than the very good risk category), or is

a less serious risk to the public safety

than indicated by a violent current

offense or prior record. However,

termination of supervision prior to the

completion of two years of incident-free

supervision will not be granted in any

case unless case-specific factors clearly

indicate that continued supervision

would be counterproductive to the

releasee’s rehabilitation.

(e) A releasee with a pending criminal

charge who is otherwise eligible for an

early termination from supervision shall

not be discharged from supervision

until the disposition of such charge is

known.

§ 2.209 Order of termination.

When the Commission orders the

termination of a term of supervised

release, it shall issue a certificate to the

releasee granting the releasee a full

discharge from his term of supervised

release. The termination and discharge

shall take effect only upon the actual

delivery of the certificate of discharge to

the releasee by his Supervision Officer,

and may be rescinded for good cause at

any time prior to such delivery.

§ 2.210 Extension of term.

(a) At any time during service of a

term of supervised release, the

Commission may move the Superior

Court to extend the term of supervised

release to the maximum term authorized

by law, if less than the maximum

authorized term was originally imposed.

If the Superior Court grants the

Commission’s motion prior to the

expiration of the term originally

imposed, the extension ordered by the

Court shall take effect upon its issuance.

(b) The Commission may move the

Superior Court for an extension of a

term of supervised release if, for any

reason, it finds that the rehabilitation of

the releasee, and/or the protection of the

public safety, is likely to require a

longer period of supervision than the

Court originally contemplated. The

Commission’s grounds for making such

a finding shall be stated in the motion

filed with the Court.

(c) The provisions of this section shall

not apply to the Commission’s

determination of an appropriate period

of further supervised release following

revocation of a term of supervised

release.

§ 2.211 Summons to appear or warrant for

retaking releasee.

(a) If a releasee is alleged to have

violated the conditions of his release,

and satisfactory evidence thereof is

presented, a Commissioner may:

(1) Issue a summons requiring the

releasee to appear for a preliminary

interview or local revocation hearing; or

(2) Issue a warrant for the

apprehension and return of the releasee

to custody.

(b) A summons or warrant under

paragraph (a) of this section may be

issued or withdrawn only by a

Commissioner.

(c) Any summons or warrant under

this section shall be issued as soon as

practicable after the alleged violation is

reported to the Commission, except

when delay is deemed necessary.

Issuance of a summons or warrant may

be withheld until the frequency or

seriousness of the violations, in the

opinion of a Commissioner, requires

such issuance. In the case of any

releasee who is charged with a criminal

offense and who is awaiting disposition

of such charge, issuance of a summons

or warrant may be:

(1) Temporarily withheld;

(2) Issued by the Commission and

held in abeyance;

(3) Issued by the Commission and a

detainer lodged with the custodial

authority; or

(4) Issued for the retaking of the

releasee.

(d) A summons or warrant may be

issued only within the maximum term

or terms of the period of supervised

release being served by the releasee,

except as provided for an absconder

from supervision in § 2.204(i). A

summons or warrant shall be considered

issued when signed and either:

(1) Placed in the mail; or

(2) Sent by electronic transmission to

the appropriate law enforcement

authority.

(e) The issuance of a warrant under

this section operates to bar the

expiration of the term of supervised

release. Such warrant maintains the

Commission’s jurisdiction to retake the

releasee either before or after the normal

expiration date of his term, and for such

time as may be reasonably necessary for

the Commission to reach a final

decision as to revocation of the term of

supervised release.

(f) A summons or warrant issued

pursuant to this section shall be

accompanied by a warrant application

stating the charges against the releasee,

the applicable procedural rights under

the Commission’s regulations, and the

possible actions which may be taken by

the Commission. A summons shall

specify the time and place the releasee

shall appear. Failure to appear in

response to a summons shall be grounds

for issuance of a warrant.

§ 2.212 Execution of warrant and service

of summons.

(a) Any officer of any Federal or

District of Columbia correctional

institution, any Federal Officer

authorized to serve criminal process, or

any officer or designated civilian

employee of the Metropolitan Police

Department of the District of Columbia,

to whom a warrant is delivered, shall

execute such warrant by taking the

releasee and returning him to the

custody of the Attorney General.

(b) Upon the arrest of the releasee, the

officer executing the warrant shall

deliver to him a copy of the warrant

application.

(c) If execution of the warrant is

delayed pending disposition of local

charges, for further investigation, or for

some other purpose, the releasee is to be

continued under supervision by the

Supervision Officer until the normal

expiration of the sentence, or until the

warrant is executed, whichever first

occurs. Monthly supervision reports are

to be submitted, and the releasee must

continue to abide by all the conditions

of release.

(d) If any other warrant for the arrest

of the releasee has been executed or is

outstanding at the time the

Commission’s warrant is executed, the

arresting officer may, within 72 hours of

executing the Commission’s warrant,

release the arrestee to such other

warrant and lodge the Commission’s

warrant as a detainer, voiding the

execution thereof, provided such action

is consistent with the instructions of the

Commission. In other cases, the arrestee

may be released from an executed

warrant whenever the Commission finds

such action necessary to serve the ends

of justice.

(e) A summons to appear at a

preliminary interview or revocation

hearing shall be served upon the

releasee in person by delivering to the

releasee a copy of the summons and the

application therefore. Service shall be

made by any Federal or District of

Columbia officer authorized to serve

criminal process and certification of

such service shall be returned to the

Commission.

(f) Official notification of the issuance

of a Commission warrant shall authorize

any law enforcement officer within the

United States to hold the releasee in

custody until the warrant can be

executed in accordance with paragraph

(a) of this section.

70472 Federal Register / Vol. 65, No. 227 / Friday, November 24, 2000 / Rules and Regulations

§ 2.213 Warrant placed as detainer and

dispositional review.

(a) When a releasee is a prisoner in

the custody of other law enforcement

authorities, or is serving a new sentence

of imprisonment imposed for a crime (or

for a violation of some other form of

community supervision) committed

while on supervised release, a violation

warrant may be lodged against him as a

detainer.

(b) The Commission shall review the

detainer upon the request of the

prisoner pursuant to the procedure set

forth in § 2.47(a)(2). Following such

review, the Commission may:

(1) Withdraw the detainer and order

reinstatement of the prisoner to

supervision upon release from custody;

(2) Order a dispositional revocation

hearing to be conducted at the

institution in which the prisoner is

confined; or

(3) Let the detainer stand until the

new sentence is completed. Following

the execution of the Commission’s

warrant, and the transfer of the prisoner

to an appropriate federal facility, an

institutional revocation hearing shall be

conducted.

(c) Dispositional revocation hearings

pursuant to this section shall be

conducted in accordance with the

provisions at § 2.216 governing

institutional revocation hearings. A

hearing conducted at a state or local

facility may be conducted either by a

hearing examiner or by any federal,

state, or local official designated by a

Commissioner. Following a revocation

hearing conducted pursuant to this

section, the Commission may take any

action authorized by § 2.218 and 2.219.

(d) The date the violation term

commences is the date the

Commission’s warrant is executed. A

releasee’s violation term (i.e., the term

of imprisonment and/or further term of

supervised release that the Commission

may require the releasee to serve after

revocation) shall start to run only upon

the offender’s release from the

confinement portion of the intervening

sentence.

(e) An offender whose supervised

release is revoked shall be given credit

for all time in confinement resulting

from any new offense or violation that

is considered by the Commission as a

basis for revocation, but solely for the

purpose of satisfying the time ranges in

the reparole guidelines at § 2.21. The

computation of the offender’s sentence,

and the forfeiture of time on supervised

release, are not affected by such

guideline credit.

§ 2.214 Revocation; Preliminary interview.

(a) Interviewing officer. A releasee

who is retaken on a warrant issued by

the Commission shall promptly be

offered a preliminary interview by a

Supervision Officer (or other official

designated by the Commission). The

purpose of the preliminary interview is

to enable the Commission to determine

if there is probable cause to believe that

the releasee has violated his conditions

of release as charged, and if so, whether

a local or institutional revocation

hearing should be conducted. Any

Supervision Officer or U.S. Probation

Officer in the district where the releasee

is confined may conduct the

preliminary interview, provided he is

not the officer who recommended that

the warrant be issued.

(b) Notice and opportunity to

postpone interview. (1) At the beginning

of the preliminary interview, the

interviewing officer shall ascertain that

the warrant application has been given

to the releasee as required by § 2.212(b).

The interviewing officer shall advise the

releasee that he may go forward with the

interview, or have the interview

postponed in order to obtain an attorney

and/or witnesses and evidence on his

behalf. A postponement may be

requested by signing the form provided

by the interviewing officer, and by

indicating on such form the reason for

the requested postponement. If the

releasee wishes to be represented by

counsel, and counsel is not already

available and present, the releasee may

request a postponement to engage the

services of counsel, to apply for counsel

to be assigned by the D.C. Public

Defender Service, or to apply for

appointment of counsel under 28 U.S.C.

3006A in cases where the releasee has

been arrested outside the District of

Columbia.

(2) If a postponement is requested, the

releasee may request the Commission to

obtain the presence of adverse witnesses

(i.e., persons who have given

information upon which revocation may

be based). Such adverse witnesses may

be requested to attend the postponed

preliminary interview if the releasee

meets the requirements at § 2.215(a) for

a local revocation hearing. The releasee

shall be given advance notice of the

time and place of a postponed

preliminary interview.

(c) Review of the charges. At the

preliminary interview, the interviewing

officer shall review the violation charges

with the releasee and shall apprise the

releasee of the evidence that has been

presented to the Commission. The

interviewing officer shall ascertain

whether the releasee admits or denies

each charge listed on the warrant

application, as well as the releasee’s

explanation of the facts giving rise to

each charge. The officer shall also

receive the statements of any witnesses

and documentary evidence on behalf of

the releasee. At a postponed preliminary

interview, the hearing officer shall also

permit the cross-examination of any

adverse witnesses in attendance.

However, in such cases, the

Commission will ordinarily have

ordered a combined preliminary

interview and local revocation hearing

as provided in paragraph (f) of this

section.

(d) Probable cause determination. At

the conclusion of the preliminary

interview, the interviewing officer shall

inform the releasee of his recommended

decision as to whether there is probable

cause to believe that the releasee has

violated the conditions of release, and

shall submit to the Commission a digest

of the interview together with a

recommended decision.

(1) If the interviewing officer’s

recommended decision is that there is

no probable cause to believe that the

releasee has violated the conditions of

his release, a Commissioner shall review

the recommended decision and notify

the releasee of his final decision

concerning probable cause as

expeditiously as possible. A finding of

no probable cause shall be implemented

without delay.

(2) If the interviewing officer’s

recommended decision is that there is

probable cause to believe that the

releasee has violated the conditions of

his release, the Commissioner shall

notify the releasee of the final decision

concerning probable cause within 21

days of the date of the preliminary

interview. The Commission shall either

schedule a revocation hearing, or offer

the releasee the option of an expedited

revocation without a hearing, pursuant

to the procedure set forth in § 2.66.

(3) If the Commission finds probable

cause to believe that the releasee has

violated the conditions of his release,

reinstatement to supervision or release

pending further proceedings may be

ordered in the Commission’s discretion

if it determines that:

(i) Continuation of revocation

proceedings is not warranted despite the

violations found; or

(ii) Incarceration pending further

revocation proceedings is not warranted

by the alleged frequency or seriousness

of such violation or violations, and the

releasee is neither likely to fail to appear

for further proceedings, nor constitutes

a danger to himself or others.

(e) Conviction as probable cause.

Conviction of any Federal, District of

Columbia, State, or local crime

Federal Register / Vol. 65, No. 227 / Friday, November 24, 2000 / Rules and Regulations 70473

committed subsequent to the

commencement of the term of

supervised release shall constitute

probable cause for the purposes of this

section, and no preliminary interview

shall be conducted unless ordered by a

Commissioner to consider additional

violation charges that may be

determinative of the Commission’s

decision regarding revocation.

(f) Local revocation hearing. A

postponed preliminary interview may

be conducted as a local revocation

hearing if the releasee has been advised

that the postponed preliminary

interview will constitute his final

revocation hearing. It shall be the

Commission’s policy to conduct a

combined preliminary interview and

local revocation hearing whenever

adverse witnesses are required to appear

and give testimony with respect to

contested charges.

(g) Late received charges. If, after

probable cause has been found to

proceed with a revocation hearing, the

Commission is notified of an additional

charge, the Commission may:

(1) Remand the case for a

supplemental preliminary interview if

the new charge may require a local

revocation hearing;

(2) Notify the releasee that the

additional charge will be considered at

the revocation hearing without

conducting a supplemental interview; or

(3) Determine that the new charge will

not be considered at the revocation

hearing.

§ 2.215 Place of revocation hearing.

(a) If the releasee requests a local

revocation hearing, he shall be given a

revocation hearing reasonably near the

place of the alleged violation(s) or

arrest, with the opportunity to contest

the charges against him, if the following

conditions are met:

(1) The releasee has not been

convicted of a crime committed while

under supervision; and

(2) The releasee denies all charges

against him.

(b) The releasee shall also be given a

local revocation hearing if he admits (or

has been convicted of) one or more

charged violations, but denies at least

one unadjudicated charge that may be

determinative of the Commission’s

decision regarding revocation or the

length of any new term of

imprisonment, and the releasee requests

the presence of one or more adverse

witnesses regarding that contested

charge. If the appearance of such

witnesses at the hearing is precluded by

the Commission for good cause, a local

revocation hearing shall not be ordered.

(c) If there are two or more contested

charges, a local revocation hearing may

be conducted near the place of the

violation chiefly relied upon by the

Commission as a basis for the issuance

of the warrant or summons.

(d) A releasee who voluntarily waives

his right to a local revocation hearing,

or who admits one or more charged

violations without contesting any

unadjudicated charge that may be

determinative of the Commission’s

decision regarding revocation and/or

imposition of a new term of

imprisonment, or who is retaken

following completion of a sentence of

imprisonment for a new crime, shall be

given an institutional revocation hearing

upon his return or recommitment to an

institution. An institutional revocation

hearing may also be conducted in the

District of Columbia jail or prison

facility in which the releasee is being

held. (However, a Commissioner may,

on his own motion, designate any such

case for a local revocation hearing

instead.) The difference in procedures

between a ‘‘local revocation hearing’’

and an ‘‘institutional revocation

hearing’’ is set forth in § 2.216(b).

(e) A releasee who is retaken on a

warrant issued by the Commission shall

remain in custody until final action

relative to the revocation of his term of

supervised release, unless otherwise

ordered by the Commission under

§ 2.214(d)(3). A releasee who has been

given a revocation hearing pursuant to

the issuance of a summons shall remain

on supervision pending the decision of

the Commission, unless the Commission

has ordered otherwise.

(f) A local revocation hearing shall be

scheduled to be held within sixty days

of the probable cause determination. An

institutional revocation hearing shall be

scheduled to be held within ninety days

of the date of the execution of the

violator warrant upon which the

releasee was retaken. However, if a

releasee requests and receives any

postponement, or consents to a

postponement, or by his actions

otherwise precludes the prompt conduct

of such proceedings, the above-stated

time limits may be extended.

(g) A local revocation hearing may be

conducted by a hearing examiner or by

any federal, state, or local official who

is designated by a Commissioner to be

the presiding hearing officer. An

institutional revocation hearing may be

conducted by an examiner of the

Commission.

§ 2.216 Revocation hearing procedure.

(a) The purpose of the revocation

hearing shall be to determine whether

the releasee has violated the conditions

of his supervised release, and, if so,

whether his release should be revoked

or reinstated.

(b) At a local revocation hearing, the

alleged violator may present voluntary

witnesses and documentary evidence in

his behalf. The alleged violator may also

request the Commission to compel the

attendance of any adverse witnesses for

cross-examination, and any other

relevant witnesses who have not

volunteered to attend. At an

institutional revocation hearing, the

alleged violator may present voluntary

witnesses and documentary evidence in

his behalf, but may not request the

Commission to secure the attendance of

any adverse or favorable witness. At any

hearing, the presiding hearing officer

may limit or exclude any irrelevant or

repetitious statement or documentary

evidence, and may prohibit the releasee

from contesting matters already

adjudicated against him in other forums.

(c) At a local revocation hearing, the

Commission shall, on the request of the

alleged violator, require the attendance

of any adverse witnesses who have

given statements upon which revocation

may be based, subject to a finding of

good cause as described in paragraph (d)

of this section. The adverse witnesses

who are present shall be made available

for questioning and cross-examination

in the presence of the alleged violator.

The Commission may also require the

attendance of adverse witnesses on its

own motion.

(d) The Commission may excuse any

requested adverse witness from

appearing at the hearing (or from

appearing in the presence of the alleged

violator) if it finds good cause for so

doing. A finding of good cause for the

non-appearance of a requested adverse

witness may be based, for example, on

a significant possibility of harm to the

witness, or the witness not being

reasonably available when the

Commission has documentary evidence

that is an adequate substitute for live

testimony.

(e) All evidence upon which the

finding of violation may be based shall

be disclosed to the alleged violator at or

before the revocation hearing. The

presiding hearing officer may disclose

documentary evidence by permitting the

alleged violator to examine the

document during the hearing, or where

appropriate, by reading or summarizing

the document in the presence of the

alleged violator.

(f) An alleged violator may be

represented by an attorney at either a

local or an institutional revocation

hearing. In lieu of an attorney, an

alleged violator may be represented at

any revocation hearing by a person of

70474 Federal Register / Vol. 65, No. 227 / Friday, November 24, 2000 / Rules and Regulations

his choice. However, the role of such

non-attorney representative shall be

limited to offering a statement on the

alleged violator’s behalf. Only licensed

attorneys shall be permitted to question

witnesses, make objections, and

otherwise provide legal representation

for supervised releasees, except in the

case of law students appearing before

the Commission as part of a courtapproved clinical practice program.

Such law students must be under the

personal direction of a lawyer or law

professor who is physically present at

the hearing, and the examiner shall

ascertain that the releasee consents to

the procedure.

§ 2.217 Issuance of subpoena for

appearance of witnesses or production of

documents.

(a)(1) If any adverse witness (i.e., a

person who has given information upon

which revocation may be based) refuses,

upon request by the Commission, to

appear at a preliminary interview or

local revocation hearing, a

Commissioner may issue a subpoena for

the appearance of such witness.

(2) In addition, a Commissioner may,

upon a showing by the releasee that a

witness whose testimony is necessary to

the proper disposition of his case will

not appear voluntarily at a local

revocation hearing or provide an

adequate written statement of his

testimony, issue a subpoena for the

appearance of such witness at the

revocation hearing.

(3) A subpoena may also be issued at

the discretion of a Commissioner if an

adverse witness is judged unlikely to

appear as requested, or if the subpoena

is deemed necessary for the orderly

processing of the case.

(b) A subpoena may require the

production of documents as well as, or

in lieu of, a personal appearance. The

subpoena shall specify the time and the

place at which the person named

therein is commanded to appear, and

shall specify any documents required to

be produced.

(c) A subpoena may be served by any

Federal or District of Columbia officer

authorized to serve criminal process.

The subpoena may be served at any

place within the judicial district in

which the place specified in the

subpoena is located, or any place where

the witness may be found. Service of a

subpoena upon a person named therein

shall be made by delivering a copy

thereof to such a person.

(d) If a person refuses to obey such

subpoena, the Commission may petition

a court of the United States for the

judicial district in which the revocation

proceeding is being conducted, or in

which such person may be found, to

require such person to appear, testify, or

produce evidence. If the court issues an

order requiring such person to appear

before the Commission, failure to obey

such an order is punishable as

contempt, as provided in 18 U.S.C.

4214(a)(2).

§ 2.218 Revocation decisions.

(a) Whenever a releasee is summoned

or retaken by the Commission, and the

Commission finds by a preponderance

of the evidence that the releasee has

violated one or more conditions of his

supervised release, the Commission may

take any of the following actions:

(1) Restore the releasee to supervision,

and where appropriate:

(i) Reprimand the releasee;

(ii) Modify the releasee’s conditions of

release;

(iii) Refer the releasee to a residential

community corrections center for all or

part of the remainder of his term of

supervised release; or

(2) Revoke the term of supervised

release.

(b) If supervised release is revoked,

the Commission shall determine

whether the releasee shall be returned to

prison to serve a new term of

imprisonment, and the length of that

term, or whether a new term of

imprisonment shall be imposed but

limited to time served. If the

Commission imposes a new term of

imprisonment that is less than the

applicable maximum term authorized

by law, the Commission shall also

determine whether to impose a further

term of supervised release to commence

after the new term of imprisonment has

been served. If the new term of

imprisonment is limited to time served,

any further term of supervised release

shall commence upon the issuance of

the Commission’s order.

Notwithstanding the above, if a releasee

is serving another term of imprisonment

of 30 days or more for any federal, state,

or local crime, any further term of

supervised release imposed by the

Commission shall not commence until

that term of imprisonment has been

served.

(c) A releasee whose term of

supervised release is revoked by the

Commission shall receive no credit for

time spent on supervised release,

including any time spent in

confinement on other sentences (or in a

halfway house as a condition of

supervised release) prior to the

execution of the Commission’s warrant.

(d) The Commission’s decision

regarding the imposition of a term of

imprisonment following revocation of

supervised release, and any further term

of supervised release, shall be made

pursuant to the limitations set forth in

§ 2.219. Within those limitations, the

appropriate length of any term of

imprisonment shall be determined by

reference to the guidelines at § 2.21.

(e) Whenever the Commission

imposes a term of imprisonment upon

revocation of supervised release that is

less than the authorized maximum term,

it shall be the Commission’s general

policy to impose a further term of

supervised release that is the maximum

permitted by § 2.219. If the Commission

imposes a new term of imprisonment

that is equal to the maximum term

authorized by law (or in the case of a

subsequent revocation, that uses up the

remainder of the maximum term of

imprisonment authorized by law), the

Commission may not impose a further

term of supervised release.

(f) Where deemed appropriate, the

Commission may depart from the

guidelines at § 2.21 (with respect to the

imposition of a new term of

imprisonment) in order to permit the

imposition of a further term of

supervised release.

(g) Decisions under this section shall

be made upon the concurrence of two

Commissioner votes, except that a

decision to override an examiner panel

recommendation shall require the

concurrence of three Commissioner

votes. The Commission’s decision shall

ordinarily be issued within 21 days of

the hearing, excluding weekends and

holidays.

§ 2.219 Maximum terms of imprisonment

and supervised release.

(a) Imprisonment; first revocation.

When a term of supervised release is

revoked, the maximum authorized term

of imprisonment that the Commission

may require the offender to serve, in

accordance with D.C. Code § 24–

203.1(b)(7), shall be:

(1) Not more than 5 years, if the

maximum term of imprisonment

authorized for the offense is life, or if

the offense is statutorily designated as a

Class A felony;

(2) Not more then 3 years, if the

maximum term of imprisonment

authorized for the offense is 25 years or

more, but less than life, and the offense

is not statutorily designated as a Class

A felony;

(3) Not more than 2 years, if the

maximum term of imprisonment

authorized for the offense is 5 years or

more, but less than 25 years; or

(4) Not more than 1 year, if the

maximum term of imprisonment

authorized for the offense is less than 5

years.

Federal Register / Vol. 65, No. 227 / Friday, November 24, 2000 / Rules and Regulations 70475

(b) Further term of supervised release;

first revocation. (1) When a term of

supervised release is revoked, and the

Commission imposes less than the

maximum term of imprisonment

authorized by paragraph (a) of this

section, the Commission may also

impose a further term of supervised

release after imprisonment.

(2) The maximum authorized length

of such further term of supervised

release shall be the original maximum

term of supervised release that the

sentencing court was authorized to

impose, less the term of imprisonment

imposed by the Commission upon

revocation of supervised release. The

original maximum authorized term of

supervised release is as follows:

(i) Five years if the maximum term of

imprisonment authorized for the offense

of conviction is 25 years or more;

(ii) Three years if the maximum term

of imprisonment authorized for the

offense of conviction is more than one

year but less than 25 years; and

(iii) Life if the person is required to

register for life, and 10 years in any

other case, if the offender has been

sentenced for an offense for which

registration is required by the Sex

Offender Registration Act of 1999.

(3) For example, in the case of a fiveyear term of supervised release carrying

a maximum period of imprisonment of

three years, the Commission may

impose a three-year term of

imprisonment with no supervised

release to follow, or any term of

imprisonment of less than three years

with a further term of supervised release

of five years minus the term of

imprisonment actually imposed (such as

a one-year term of imprisonment

followed by a four-year term of

supervised release, or a two-year term of

imprisonment followed by a three-year

term of supervised release).

(c) Reference table. The following

table may be used in most cases as a

reference to determine both the

maximum authorized term of

imprisonment and the original

maximum authorized term of

supervised release:

D.C. Code reference

(original conviction) Offense description Original authorized term ofsupervised release

Maximum authorized new

term of imprisonment

Title 22

22–103, 23–1331 ................. Attempted crime of violence .......................................... 3 years ............................... 2 years.

22–104(a) ............................ 1 prior ............................................................................ various ............................... various.

2+ priors ........................................................................ various ............................... various.

22–104a(a)(1) ...................... Three strikes for felonies* ............................................. 5 years ............................... 5 years.

22–104a(a)(2) ...................... Three strikes for violent felonies* .................................. 5 years ............................... 5 years.

22–105 ................................. Aiding & abetting ........................................................... various ............................... various.

22–105a(a) .......................... Conspiracy ..................................................................... 3 years ............................... 2 years.

If underlying offense < 5 ............................................... 3 years ............................... 1 year.

22–106 ................................. Accessory after the fact ................................................ various ............................... various.

Capital crimes ................................................................ 3 years ............................... 2 years.

22–107 ................................. Offenses not covered by DC Code ............................... 3 years ............................... 2 years.

22–401 ................................. Arson ............................................................................. 3 years ............................... 2 years

22–402 ................................. Arson-own property ....................................................... 3 years ............................... 2 years.

22–403 ................................. DP $200+ ...................................................................... 3 years ............................... 2 years.

22–501; see 24–203.1(e) .... Assault with intent to kill/rob/poison/ 1°, 2°, child sex

abuse.

3 years or not > period of

SOR.

2 years.

22–501, 3202 ....................... Assault with intent to kill etc. while armed .................... 5 years ............................... 5 years.

22–502 ................................. Assault with a Dangerous Weapon ............................... 3 years ............................... 2 years.

22–503 ................................. Assault with intent to commit an offense other than

those in § 22 501.

3 years ............................... 2 years.

22–504 ................................. Stalking—2nd offense ................................................... 3 years ............................... 1 year.

3rd+ offense .................................................................. 3 years ............................... 1 year.

22–504.1(a), 3202 ............... Aggravated assault while armed* ................................. 5 years ............................... 5 years.

22–504.1(b) ......................... Aggravated assault ........................................................ 3 years ............................... 2 years.

22–504.1(c) .......................... Attempted aggravated assault ...................................... 3 years ............................... 2 years.

22–505(a), 24–203.1(f) ........ Assault on a police officer ............................................. 3 years ............................... 2 years.

22–505(b) ............................ Assault on a police officer while armed ........................ 3 years ............................... 2 years.

22–506 ................................. Mayhem/malicious disfigurement .................................. 3 years ............................... 2 years.

22–601 ................................. Bigamy ........................................................................... 3 years ............................... 2 years.

22–704(a) ............................ Corrupt influence ........................................................... 3 years ............................... 2 years.

22–712(c) ............................. Bribery—Public Servant ................................................ 3 years ............................... 2 years.

22–713(c) ............................. Bribery—Witness ........................................................... 3 years ............................... 2 years.

22–722(b) ............................ Obstructing Justice* ...................................................... 5 years ............................... 5 years.

22–723(b) ............................ Evidence Tampering ..................................................... 3 years ............................... 1 year.

22–752(b)(2) ........................ Counterfeiting ................................................................ 3 years ............................... 1 year.

22–752(b)(3) ........................ Counterfeiting ................................................................ 3 years ............................... 2 years.

22–901(a), (c)(1) .................. 1° Cruelty to Children .................................................... 3 years ............................... 2 years.

22–901(b), (c)(2) .................. 2° Cruelty to Children .................................................... 3 years ............................... 2 years.

22–1122(d) .......................... Inciting riot w/injury ........................................................ 3 years ............................... 2 years.

22–1303 ............................... False impersonation ...................................................... 3 years ............................... 2 years.

22–1304 ............................... Impersonating a public official ....................................... 3 years ............................... 1 year.

22–1410 ............................... Bad Checks $100+ ........................................................ 3 years ............................... 1 year.

22–1501 ............................... Illegal lottery .................................................................. 3 years ............................... 1 year.

22–1504 ............................... Gaming .......................................................................... 3 years ............................... 2 years.

22–1510, 1511 ..................... Bucketing—2nd+ offense .............................................. 3 years ............................... 2 years.

22–1513(a) .......................... Corrupt influence—Athletics .......................................... 3 years ............................... 2 years.

22–1801(a) .......................... 1° Burglary ..................................................................... 5 years ............................... 3 years.

22–1801(b) .......................... 2° Burglary ..................................................................... 3 years ............................... 2 years.

22–1801, 3202 ..................... Burglary while armed* ................................................... 5 years ............................... 5 years.

70476 Federal Register / Vol. 65, No. 227 / Friday, November 24, 2000 / Rules and Regulations

D.C. Code reference

(original conviction) Offense description Original authorized term ofsupervised release

Maximum authorized new

term of imprisonment

22–1901 ............................... Incest ............................................................................. 3 years or not > period of

SOR.

2 years.

22–2001(e) .......................... Obscenity 2nd+ offense ................................................ 3 years or not > period of

SOR.

1 year.

22–2012, 2013 ..................... Sex performance w/minors— ........................................

1st offense

2nd offense

3 years or not > period of

SOR.

2 years.

22–2101 ............................... Kidnapping* ................................................................... 5 years ............................... 5 years.

22–2101, 3202 ..................... Kidnapping while armed* .............................................. 5 years ............................... 5 years.

22–2307 ............................... Felony Threats .............................................................. 3 years ............................... 2 years.

22–2401, 2404 ..................... Murder I* ....................................................................... 5 years ............................... 5 years.

22–2401, 2402, 3202 .......... Murder I while armed* ................................................... 5 years ............................... 5 years.

22–2402, 2402 ..................... Murder I—obstruction of railway* .................................. 5 years ............................... 5 years.

22–2403, 2402 ..................... Murder II * ...................................................................... 5 years ............................... 5 years.

22–2403, 2402, 3202 .......... Murder II while armed * ................................................. 5 years ............................... 5 years.

22–2405 ............................... Manslaughter ................................................................. 5 years ............................... 3 years.

22–2405, 3202 ..................... Manslaughter while armed* .......................................... 5 years ............................... 5 years.

22–2406 ............................... Murder of Police Officer ................................................ None (LWOR).

22–2511(b) .......................... Perjury ........................................................................... 3 years ............................... 2 years.

22–2512 ............................... Subornation of Perjury .................................................. 3 years ............................... 2 years.

22–2513(b) .......................... False Swearing .............................................................. 3 years ............................... 1 year.

22–2601(b) .......................... Escape ........................................................................... 3 years ............................... 2 years.

22–2603 ............................... Introducing contraband into prison ................................ 3 years ............................... 2 years.

22–2704 ............................... Child Prostitution: Abducting .........................................

Harboring .......................................................................

3 years or not > period of

SOR.

2 years.

22–2705 ............................... Prostitution: Inducing ..................................................... 3 years or not > period of

SOR (if child victim).

2 years.

22–2706 ............................... Compelling.

22–2707 ............................... Arranging.

22–2709 ............................... Detaining.

22–2710 ............................... Procuring.

22–2711 ............................... Procuring.

22–2712 ............................... Operating.

22–2708 ............................... Prostitution, causing spouse to ..................................... 3 years ............................... 2 years.

22–2901 ............................... Robbery ......................................................................... 3 years ............................... 2 years.

22–2901, 3202 ..................... Armed Robbery* ............................................................ 5 years ............................... 5 years.

22–2902 ............................... Attempted Robbery ....................................................... 3 years ............................... 1 year.

22–2903(a) .......................... Carjacking ...................................................................... 3 years ............................... 2 years.

22–2903(b) .......................... Armed Carjacking* ........................................................ 5 years ............................... 5 years.

22–3103 ............................... Grave Robbing .............................................................. 3 years ............................... 1 year.

22–3105 ............................... Destruction of property by explosives ........................... 3 years ............................... 2 years.

22–3118 ............................... Malicious water pollution ............................................... 3 years ............................... 1 year.

22–3119 ............................... Obstructing railways ...................................................... 3 years ............................... 2 years.

22–3202 ............................... Committing or attempting to commit violent crime

while armed.

5 years ............................... 5 years.

22–3202.1 ............................ Gun-free zone ............................................................... various ............................... various.

22–3203, 24–203.1(f) .......... Unlawful possession of a pistol by a felon, etc. (UPP)

2nd+offense.

3 years ............................... 2 years.

22–3204(a)(1)–(2) ................ Carrying a pistol without a license ................................

1st offense .....................................................................

2nd+offense

3 years ...............................

3 years ...............................

2 years.

2 years.

22–3204(b) .......................... Possession of a firearm while committing a crime of

violence or dangerous crime (PFDCVDC).

3 years ............................... 2 years.

22–3214 ............................... Possession of a prohibited weapon (PPW) ..................

2nd+offense

3 years ............................... 2 years.

22–3215a ............................. Molotov cocktails—1st offense ...................................... 3 years ............................... 2 years.

2nd offense .................................................................... 3 years ............................... 2 years.

3rd* offense ................................................................... 5 years ............................... 5 years.

22–3427 ............................... B&E vending machines ................................................. 3 years ............................... 1 year.

22–3601, 24–203.1(f) .......... Possessing Implements of Crime 2nd+ offense ........... 3 years ............................... 2 years.

22–3812 ............................... 1° Theft .......................................................................... 3 years ............................... 2 years.

22–3814.1 (d)(2) .................. Deceptive Labeling ........................................................ 3 years ............................... 2 years.

22–3815(d)(1) ...................... Unlawful use of a vehicle—private ................................ 3 years ............................... 2 years.

22–3815(d)(2) ...................... Unlawful use of a vehicle—rental ................................. 3 years ............................... 1 year.

22–3821(a), 3822(a) ............ 1° Fraud $250+ ............................................................. 3 years ............................... 2 years.

22–3821(b), 3822(b) ............ 2° Fraud $250+ ............................................................. 3 years ............................... 1 year.

22–3823 ............................... Credit Card Fraud .........................................................

$250+ .............................................................................

3 years ............................... 2 years.

22–3825.2, 3825.4(a) .......... 1° Insurance Fraud ........................................................ 3 years ............................... 2 years.

22–3825.3, 3825.4(b) .......... 2° Insurance Fraud.

1st offense ..................................................................... 3 years ............................... 2 years.

2nd offense .................................................................... 3 years ............................... 2 years.

22–3831(d) .......................... Trafficking in stolen property ......................................... 3 years ............................... 2 years.

Federal Register / Vol. 65, No. 227 / Friday, November 24, 2000 / Rules and Regulations 70477

D.C. Code reference

(original conviction) Offense description Original authorized term ofsupervised release

Maximum authorized new

term of imprisonment

22–3832 ............................... Receiving stolen property $250+ .................................. 3 years ............................... 2 years.

22–3841, 3842 ..................... Forgery: Legal tender .................................................... 3 years ............................... 2 years.

Token ............................................................................. 3 years ............................... 2 years.

Other .............................................................................. 3 years ............................... 1 year.

22–3851(b) .......................... Extortion ........................................................................ 3 years ............................... 2 years.

22–3851(b), 3852(b), 3202 .. Armed extortion or blackmail with threats of violence* 5 years ............................... 5 years.

22–3852(b) .......................... Blackmail ....................................................................... 3 years ............................... 2 years.

22–3901 ............................... Senior Citizen Victim ..................................................... various ............................... various.

22–3902 ............................... Citizen Patrol Victim ...................................................... various ............................... various.

22–4003 ............................... Bias-related crime ......................................................... various ............................... various.

22–4102, 24–203.1(e) ......... 1° Sex Abuse* ............................................................... 5 years or not > period of

SOR.

5 years.

22–4102, 3202 ..................... 1° Sex Abuse while armed* .......................................... 5 years or not > period of

SOR.

5 years.

22–4103, 24–203.1(e) ......... 2° Sex Abuse ................................................................ 3 years or not > period of

SOR.

2 years.

22–4103, 3202 ..................... 2° Sex Abuse while armed* .......................................... 5 years or not > period of

SOR.

5 years.

22–4104 ............................... 3° Sex Abuse ................................................................ 3 years or not > period of

SOR.

2 years.

2–4105 ................................. 4° Sex Abuse ................................................................ 3 years or not > period of

SOR.

2 years.

2–4108, 24–203.1(e) ........... 1° Child Sex Abuse* ...................................................... 5 years or not > period of

SOR.

5 years.

22–4108, 3202 ..................... 1° Child Sex Abuse while armed* ................................. 5 years or not > period of

SOR.

5 years.

22–4109, 24–203.1(e) ......... 2° Child Sex Abuse ....................................................... 3 years or not > period of

SOR.

2 years.

22–4109, 3202 ..................... 2° Child Sex Abuse while armed* ................................. 5 years or not > period of

SOR.

5 years.

22–4110, 24–203.1(e) ......... Enticing a child .............................................................. 3 years or not > period of

SOR.

2 years.

2–4113 ................................. 1° Sex Abuse Ward ....................................................... 3 years or not > period of

SOR.

2 years.

2–4114 ................................. 2° Sex Abuse Ward ....................................................... 3 years or not > period of

SOR.

2 years.

2–4115 ................................. 1° Sex Abuse Patient .................................................... 3 years or not > period of

SOR.

2 years.

2–4116 ................................. 2° Sex Abuse Patient .................................................... 3 years or not > period of

SOR.

2 years.

2–4118 ................................. Attempt 1° Sex and 1° Child Sex Abuse ...................... 3 years or not > period of

SOR.

2 years various.

Attempt Other ................................................................ various or not > period of

SOR.

22–4120 ............................... Aggravated 1° Sex and Child Sex Abuse ..................... 5 years or not > period of

SOR.

5 years various.

Aggravated other ........................................................... various or not > period of

SOR.

Title 23

23–1327(a)(1) ...................... Bail Reform Act ............................................................. 3 years ............................... 2 years.

23–1328(a)(1) ...................... Committing a felony on release .................................... 3 years ............................... 2 years.

Title 24

24–1113 ............................... Sex offender failure to register—2nd offense ............... 3 years ............................... 2 years.

Title 33

33–541(a)–(b) ...................... Manufacture, distribute, or PWID I, II narcotics (heroin,

cocaine, PCP).

5 years ............................... 3 years.

I, II, III non-narcotic ....................................................... 3 years ............................... 2 years.

IV ................................................................................... 3 years ............................... 1 year.

33–541 et seq., 22–3202 .... Distribution or PWID drugs while armed* ..................... 5 years ............................... 5 years.

33–543 ................................. Drugs—Fraud ................................................................ 3 years ............................... 1 year.

33–543a ............................... Drugs—Maintaining house ............................................ 3 years ............................... 3 years.

33–546 ................................. Drugs—Distribution to minors ....................................... various ............................... various.

33–547 ................................. Drugs—Enlisting minors—1st offense .......................... 3 years ............................... 2 years.

2nd + offense ................................................................ 3 years ............................... 2 years.

33–547.1(b) ......................... Drug-free zones ............................................................. various ............................... various.

33–548 ................................. Drugs—2nd + offense ................................................... various ............................... various.

33–549 ................................. Drugs—Attempt or Conspiracy ..................................... various ............................... various.

70478 Federal Register / Vol. 65, No. 227 / Friday, November 24, 2000 / Rules and Regulations

D.C. Code reference

(original conviction) Offense description Original authorized term ofsupervised release

Maximum authorized new

term of imprisonment

33–603(b) ............................ Possession of drug paraphernalia w/intent to use it—

2nd + offense.

3 years ............................... 1 year.

33–603(c) ............................. Delivering drug paraphernalia to a minor ..................... 3 years ............................... 2 years.

Title 40

40–713 ................................. Negligent homicide (vehicular) ...................................... 3 years ............................... 2 years.

40–718 ................................. Smoke screens .............................................................. 3 years ............................... 2 years.

NOTES: (1) An asterisk means that the offense is statutorily designated as a Class A felony.

(2) If the defendant is a sex offender subject to registration, the Original Authorized Term of Supervised Release is the maximum period of

registration to which the sex offender is subject (ten years or life). Sex offender registration is required for crimes such as first degree sexual

abuse, and such crimes are listed on this Table with the notation ‘‘> periods of SOR’’ as the Original Authorized Term of Supervised Release.

Sex offender registration, however, may also be required for numerous crimes (such as burglary or murder) if a sexual act or contact was involved or was the offender’s purpose. In such cases, the offender’s status will be determined by the presence of an order from the sentencing

court pursuant to D.C. Code 24–1123 certifying that the defendant is a sex offender.

(3) If the defendant committed his offense on or after August 5, 2000, but before August 11, 2000, the maximum authorized terms of imprisonment and further supervised release shall be determined by reference to 18 U.S.C. 3583.

(d) Imprisonment; successive

revocations. (1) When the Commission

revokes a term of supervised release that

was imposed by the Commission upon

a previous revocation of supervised

release, the maximum term of

imprisonment is the maximum term

authorized by paragraph (a) of this

section, less the term or terms of

imprisonment that were previously

imposed by the Commission. In

calculating such previously-imposed

term or terms of imprisonment, the

Commission shall use the term as

imposed without deducting any good

time credits that may have been earned

by the offender prior to his release from

prison. In no case shall the total of

successive terms of imprisonment

imposed by the Commission exceed the

maximum term of imprisonment that

the Commission was authorized to

impose in the first revocation order.

(2) For example, in the case of a fiveyear term of supervised release carrying

a maximum term of imprisonment of

three years, the Commission at the first

revocation may have imposed a oneyear term of imprisonment and a further

four-year term of supervised release. At

the second revocation, the maximum

authorized term of imprisonment will

be two years, which is the original

maximum authorized term of

imprisonment of three years minus the

one-year term of imprisonment that was

imposed at the first revocation.

(e) Further term of supervised release;

successive revocations. (1) When the

Commission revokes a term of

supervised release that was imposed by

the Commission following a previous

revocation of supervised release, the

Commission may also impose a further

term of supervised release. The

maximum authorized length of such a

term of supervised release shall be the

original maximum authorized term of

supervised release as set forth in

paragraph (b) of this section, less the

total of the terms of imprisonment

imposed by the Commission on the

same sentence (including the term of

imprisonment imposed in the current

revocation).

(2) For example, in the case of a fiveyear term of supervised release carrying

a maximum period of imprisonment of

three years, the Commission at the first

revocation may have imposed a oneyear term of imprisonment and a fouryear further term of supervised release.

If, at a second revocation, the

Commission imposes another one-year

term of imprisonment, the maximum

authorized further term of supervised

release will be three years (the original

five-year period minus the total of two

years imprisonment).

(f) Effect of sentencing court imposing

less than the maximum authorized term

of supervised release. If the Commission

has revoked supervised release, the

maximum authorized period of further

supervised release is determined by

reference to the original maximum

authorized term as a set forth in

paragraph (b) of this section, even if the

sentencing court did not originally

impose the maximum authorized term.

* * * * *

Dated: November 15, 2000.

Michael J. Gaines,

Chairman, U.S. Parole Commission.

[FR Doc. 00–29964 Filed 11–22–00; 8:45 am]

BILLING CODE 4410–31–U

DEPARTMENT OF INTERIOR

Office of Surface Mining Reclamation

and Enforcement

30 CFR Part 906

[CO–032–FOR]

Colorado Regulatory Program

AGENCY: Office of Surface Mining

Reclamation and Enforcement, Interior.

ACTION: Final rule; approval of

amendment.

SUMMARY: The Office of Surface Mining

Reclamation and Enforcement (OSM) is

approving a proposed amendment to the

Colorado regulatory program

(hereinafter, the ‘‘Colorado program’’)

under the Surface Mining Control and

Reclamation Act of 1977 (SMCRA).

Colorado proposed revisions to and

additions of rules about definitions;

permit application requirements;

comment period for revisions;

requirements for permit approval or

denial; and performance standards for

sedimentation ponds, discharge

structures, impoundments, stream

buffer zones, coal exploration, and coal

processing plants and support facilities

not located at or near the mine site or

not within the permit area for the mine.

Colorado revised its program to be

consistent with the corresponding

Federal regulations and clarify

ambiguities.

EFFECTIVE DATE: November 24, 2000.

FOR FURTHER INFORMATION CONTACT:

James F. Fulton, Telephone: (303) 844–

1400, extension 1424. Internet:

JFULTON@OSMRE.GOV.

SUPPLEMENTARY INFORMATION:

I. Background on the Colorado Program.

II. Submission of the Proposed

Amendment.

III. Director’s Findings.