DEPARTMENT OF JUSTICE 

8 CFR Ch. V 

21 CFR Ch. I 

27 CFR Ch. II 

28 CFR Ch. I, V 

Regulatory Agenda 

AGENCY: Department of Justice. 

ACTION: Semiannual regulatory agenda. 

SUMMARY: The Department of Justice is publishing its fall 2013 regulatory agenda pursuant to 

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

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

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

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

8059. 

SUPPLEMENTARY INFORMATION: This edition of the Unified Agenda of Federal Regulatory and 

Deregulatory Actions includes The Regulatory Plan, which appears in both the online Unified Agenda and 

in part II of the Federal Register that includes the Unified Agenda. The Department of Justice's 

Statement of Regulatory Priorities is included in the Plan. 

 

1

Regulations.gov Tuesday, November 26, 2013 Unified Agenda
 Beginning with the fall 2007 edition, the Internet has been the basic means for disseminating the 

Unified Agenda. The complete Unified Agenda will be available online at www.reginfo.gov in a format 

that offers users a greatly enhanced ability to obtain information from the Agenda database. 

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

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

entries include only: 

 

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

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

small entities; and any rules that the Agency has identified for periodic review under section 610 of the 

Regulatory Flexibility Act. 

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

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

Agenda published on the Internet. In addition, for fall editions of the Agenda, the entire Regulatory Plan 

will continue to be printed in the Federal Register, as in past years, including the Department of Justice’s 

regulatory plan. 

Dated: August 29, 2013. 

NAME: Elana Tyrangiel,

 Principal Deputy Assistant Attorney General, 

 Office of Legal Policy. 

2

Regulations.gov Tuesday, November 26, 2013 Unified Agenda
The 95 Regulatory Agendas

United States Parole Commission - Final Rule

Title

Regulation 

Identifier 

Number

Conditions of Release 1104-AA03

United States Parole Commission - Long-term Action

Title

Regulation 

Identifier 

Number

Establishing Guidelines for Making Mandatory Parole Decisions 1104-AA00

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

Cocaine Offenses 1104-AA01

Revising the Reparole Guidelines for Releasing Parole Violators 1104-AA02

Revising the Paroling Policy Guidelines; Offense Severity Ratings for Criminal Entry and Assault Offenses 1104-AA04

Legal Activities - Proposed Rule

Title

Regulation 

Identifier 

Number

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

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

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

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

Amendments to Application Procedures and Criteria for Approval; Credit Counseling Agencies and Debtor Education

Providers 1105-AB41

Legal Activities - Final Rule

Title

Regulation 

Identifier 

Number

Disclosure or Production of Records or Information 1105-AB27

Revision to United States Marshals Service Fees for Services 1105-AB42

Legal Activities - Completed Action

Title

Regulation 

Identifier 

Number

Repealing Unnecessary OVW Regulations 1105-AB40

Federal Bureau of Investigation - Proposed Rule

Title

Regulation 

Identifier 

Number

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

Federal Bureau of Investigation - Final Rule

Title

Regulation 

Identifier 

Number

Implementation of the Private Security Officer Employment Authorization Act of 2004 1110-AA23

Carriage of Concealed Weapons Pursuant to the Law Enforcement Officers Safety Act of 2004 1110-AA24

Inclusion of Nonserious Offense Identification Records 1110-AA25

3

Regulations.gov Tuesday, November 26, 2013 Unified Agenda
Proposed Changes to NICS Intended to Promote Public Safety, To Enhance the Efficiency of NICS Operations, and to

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

Drug Enforcement Administration - Final Rule

Title

Regulation 

Identifier 

Number

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

Listed Chemical Products 1117-AB05

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

Exportation 1117-AB06

Disposal of Controlled Substances 1117-AB18

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

Drug Enforcement Administration - Long-term Action

Title

Regulation 

Identifier 

Number

Electronic Prescriptions for Controlled Substances 1117-AA61

Establishment of a New Drug Code for Marihuana Extract 1117-AB33

Drug Enforcement Administration - Completed Action

Title

Regulation 

Identifier 

Number

Exempt Chemical Preparations; Exempt Prescription Products; Exempt Anabolic Steroid Products 1117-AB35

Bureau of Prisons - Proposed Rule

Title

Regulation 

Identifier 

Number

Administrative Remedy Program--Subpart Revision 1120-AB34

Marriages of Inmates Rules Revision 1120-AB53

Inmate Commissary Account Deposit Procedures 1120-AB56

Inmate Legal Activities 1120-AB58

Searches of Housing Units, Inmates, and Inmate Work Areas: Use of X-ray Devices--Clarification of Terminology 1120-AB62

Good Conduct Time: Alternative Adult Literacy Programs 1120-AB64

Bureau of Prisons - Final Rule

Title

Regulation 

Identifier 

Number

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

Drug Testing Program 1120-AA95

District of Columbia Educational Good Time Credit 1120-AB05

Reduction in Sentence for Medical Reasons 1120-AB10

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

Autopsies 1120-AB26

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

Intake Screening 1120-AB47

Communication Management Units 1120-AB48

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

Commutation of Sentence: Technical Change 1120-AB54

Classification and Program Review 1120-AB55

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

Progress Reports 1120-AB60

Contraband and Inmate Personal Property: Technical Change 1120-AB63

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Regulations.gov Tuesday, November 26, 2013 Unified Agenda
Bureau of Prisons - Long-term Action

Title

Regulation 

Identifier 

Number

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

Compassionate Release (Procedures for the Implementation of 18 U.S.C. Sections 3582(c)(1)(A) and 4205(g)):

Technical Changes 1120-AB66

Office of Justice Programs - Proposed Rule

Title

Regulation 

Identifier 

Number

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

Office of Justice Programs - Final Rule

Title

Regulation 

Identifier 

Number

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

International Terrorism Victim Expense Reimbursement Program 1121-AA78

Office of Justice Programs - Completed Action

Title

Regulation 

Identifier 

Number

Certification Process for State Capital Counsel Systems 1121-AA77

Executive Office for Immigration Review - Proposed Rule

Title

Regulation 

Identifier 

Number

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

International Marriage Brokers 1125-AA45

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

List of Pro Bono Legal Service Providers for Aliens in Immigration Proceedings 1125-AA62

Application of the Serious Nonpolitical Crime Bar to Asylum and Withholding of Removal for Recruitment or Use of Child

Soldiers 1125-AA63

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

Counsel 1125-AA68

Implementation of Section 235 of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008;

Treatment of Unaccompanied Alien Children 1125-AA70

Retrospective Regulatory Review Under E.O. 13563 1125-AA71

Recognition and Accreditation 1125-AA72

Immigration Courts and the Board of Immigration Appeals: Motions to Reopen and Reconsider; Effect of Departure or

Removal 1125-AA74

Asylum and Withholding Definitions 1125-AA75

Exception to the Persecution Bar for Asylum, Refugee, and Temporary Protected Status, and Withholding of Removal 1125-AA76

Executive Office for Immigration Review - Final Rule

Title

Regulation 

Identifier 

Number

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

Appeals 1125-AA44

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

of Decisions as Precedents 1125-AA58

Executive Office for Immigration Review - Long-term Action

Title

Regulation 

Identifier 

Number

Procedures for Cases Involving Mentally Incompetent Aliens 1125-AA73

5

Regulations.gov Tuesday, November 26, 2013 Unified Agenda
Bureau of Alcohol, Tobacco, Firearms, and Explosives - Proposed Rule

Title

Regulation 

Identifier 

Number

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

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

Agents 1140-AA27

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

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

Machine Guns, Destructive Devices and Certain Other Firearms; Background Checks for Responsible Persons of a

Corporation, Trust, or Other Legal Entity With Respect to Making or Transferring a Firearm 1140-AA43

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

Title

Regulation 

Identifier 

Number

Implementation of the Safe Explosives Act 1140-AA00

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

Residency Requirement for Persons Acquiring Firearms 1140-AA05

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

to Firearms Disabilities for Nonimmigrant Aliens 1140-AA08

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

Cigarettes or Smokeless Tobacco 1140-AA31

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

Federal Firearms License Proceedings--Hearings 1140-AA38

Importation of Arms, Ammunition and Implements of War and Machine Guns, Destructive Devices, and Certain Other

Firearms; Extending the Term of Import Permits 1140-AA42

Residency Requirements for Aliens Acquiring Firearms 1140-AA44

Importation of Arms, Ammunition, and Implements of War--Removal of Certain Defense Articles on the U.S. Munitions

Import List 1140-AA45

Bureau of Alcohol, Tobacco, Firearms, and Explosives - Long-term Action

Title

Regulation 

Identifier 

Number

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

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

Commerce in Explosives--Relief From Disabilities 1140-AA36

Civil Rights Division - Proposed Rule

Title

Regulation 

Identifier 

Number

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

Implementation of the ADA Amendments Act of 2008 (Section 504 of the Rehabilitation Act of 1973) 1190-AA60

Nondiscrimination on the Basis of Disability; Accessibility of Web Information and Services of Public Accommodations 1190-AA61

Nondiscrimination on the Basis of Disability; Movie Captioning and Audio Description 1190-AA63

Nondiscrimination on the Basis of Disability: Accessibility of Web Information and Services of State and Local

Governments 1190-AA65

Amendments to the Coordination of Enforcement of Non-Discrimination in Federally Assisted Programs 1190-AA70

Civil Rights Division - Long-term Action

Title

Regulation 

Identifier 

Number

Nondiscrimination on the Basis of Disability in State and Local Government Services; Next Generation 9-1-1 1190-AA62

Nondiscrimination on the Basis of Disability by State and Local Governments and Places of Public Accommodation;

Equipment and Furniture 1190-AA64

Nondiscrimination on the Basis of Disability by State and Local Governments and Public Accommodations: Accessibility

of Medical Equipment and Furniture 1190-AA66

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Regulations.gov Tuesday, November 26, 2013 Unified Agenda
Nondiscrimination on the Basis of Disability by Public Accommodations: Accessibility of Beds in Guestrooms With

Mobility Features in Places of Lodging 1190-AA67

Department of Justice (DOJ) 

United States Parole Commission ( PARCOM ) RIN: 1104-AA03

 View Related Documents

Title: Conditions of Release

Abstract: The Parole Commission is considering whether to revise its rules setting conditions of release for parolees and

releasees under its jurisdiction. The changes would make the conditions easier to understand and give those persons affected

by the conditions clearer directions as to their expected behavior on supervision. The Commission is carrying out this effort to

comply with Executive Order 13579.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 28 CFR 2.40; 28 CFR 2.85; 28 CFR 2.204 (To search for a specific CFR, visit the Code of Federal Regulations )

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

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 02/21/2013 78 FR 11998 

NPRM Comment Period End 04/22/2013 

Final Action 11/00/2013 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

Energy Affected: No

Agency Contact: Rockne Chickinell Department of Justice

United States Parole Commission

90 K Street NW., 3rd Floor, Washington, DC 20530

Washington , DC 20530 

Phone: 202 346-7031

E-Mail: rockne.chickinell@usdoj.gov

Department of Justice (DOJ)

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

 View Related Documents

Title: Establishing Guidelines for Making Mandatory Parole Decisions

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

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

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

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

Major: No Unfunded Mandates: No

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

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

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

Energy Affected: No

Agency Contact: Rockne Chickinell Department of Justice

United States Parole Commission

90 K Street NW., 3rd Floor, Washington, DC 20530

7

Regulations.gov Tuesday, November 26, 2013 Unified Agenda
Washington , DC 20530 

Phone: 202 346-7031

E-Mail: rockne.chickinell@usdoj.gov

Department of Justice (DOJ)

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

 View Related Documents

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

Offenses

Abstract: The Parole Commission plans to propose a rule that would amend its paroling policy guidelines to address and

equalize the offense severity ratings for crack cocaine and powder cocaine offenses.

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

Major: No Unfunded Mandates: No

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

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

Legal Deadline: None

Timetable:

Action Date FR Cite

Final Action 

NPRM 10/08/2010 75 FR 62342 

NPRM Comment Period End 12/01/2010 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

Energy Affected: No

Agency Contact: Rockne Chickinell Department of Justice

United States Parole Commission

90 K Street NW., 3rd Floor, Washington, DC 20530

Washington , DC 20530 

Phone: 202 346-7031

E-Mail: rockne.chickinell@usdoj.gov

Department of Justice (DOJ)

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

 View Related Documents

Title: Revising the Reparole Guidelines for Releasing Parole Violators

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

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

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

drug use.

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

Major: No Unfunded Mandates: No

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

Federal Regulations ) 

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

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

Energy Affected: No

Agency Contact: Rockne Chickinell Department of Justice

8

Regulations.gov Tuesday, November 26, 2013 Unified Agenda
United States Parole Commission

90 K Street NW., 3rd Floor, Washington, DC 20530

Washington , DC 20530 

Phone: 202 346-7031

E-Mail: rockne.chickinell@usdoj.gov

Department of Justice (DOJ)

United States Parole Commission ( PARCOM ) RIN: 1104-AA04

 View Related Documents

Title: Revising the Paroling Policy Guidelines; Offense Severity Ratings for Criminal Entry and Assault Offenses

Abstract: The Parole Commission is considering whether to revise the offense severity ratings for criminal entry and assault

offenses in the paroling policy guidelines. The proposed revisions would improve the gradation of different types of assault

crimes and give clearer guidance for the rating of criminal entry offenses. The Commission would also add ratings for stalking

and failure to register as a sex offender.

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

Major: No Unfunded Mandates: No

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

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

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

Energy Affected: No

Agency Contact: Rockne Chickinell Department of Justice

United States Parole Commission

90 K Street NW., 3rd Floor, Washington, DC 20530

Washington , DC 20530 

Phone: 202 346-7031

E-Mail: rockne.chickinell@usdoj.gov

Department of Justice (DOJ)

Legal Activities ( LA ) RIN: 1105-AB12

 View Related Documents

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

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

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

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

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

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

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

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

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

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

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

in his October 14, 2005, order.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

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

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

Legal Deadline: None

Timetable:

Action Date FR Cite

9

Regulations.gov Tuesday, November 26, 2013 Unified Agenda
NPRM 01/00/2014 

NPRM Comment Period End 03/00/2014 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Ramona D. Elliott 

Deputy Director/General Counsel

Department of Justice

Legal Activities

Executive Office for United States Trustees, Suite 6150, 441 G St, NW., Washington, DC 20530

Washington , DC 20530 

Phone: 202 307-1399

FAX: 202 307-2397

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

Department of Justice (DOJ)

Legal Activities ( LA ) RIN: 1105-AB30

 View Related Documents

Title: Uniform Forms for Periodic Reports for Chapter 11 Cases

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

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

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

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

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

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

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

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

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

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 03/00/2014 

NPRM Comment Period End 05/00/2014 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

Agency Contact: Ramona D. Elliott 

Deputy Director/General Counsel

Department of Justice

Legal Activities

Executive Office for United States Trustees, Suite 6150, 441 G St, NW., Washington, DC 20530

Washington , DC 20530 

Phone: 202 307-1399

FAX: 202 307-2397

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

Department of Justice (DOJ)

Legal Activities ( LA ) RIN: 1105-AB35

 View Related Documents

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

Abstract: This rule would amend Department of Justice regulations implementing the Radiation Exposure Compensation Act,

42 U.S.C. section 2210 note (2011). This rule amends existing regulations addressing the submission of documentation to

establish a claimant's identity.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

10

Regulations.gov Tuesday, November 26, 2013 Unified Agenda
Major: No Unfunded Mandates: No

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

Legal Authority: 42 USC 2210, note

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 08/00/2014 

NPRM Comment Period End 10/00/2014 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Dianne S. Spellberg 

Senior Counsel, Civil Division, Torts Branch

Department of Justice

Legal Activities

Room 3144, 1425 New York Avenue NW., Washington, DC 20005

Washington , DC 20005 

Phone: 202 616-4129

FAX: 202 616-4313

E-Mail: dianne.spellberg@usdoj.gov

Department of Justice (DOJ)

Legal Activities ( LA ) RIN: 1105-AB37

 View Related Documents

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

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

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

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

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

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

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

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

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: Undetermined Unfunded Mandates: No

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

Legal Authority: 42 USC 233(i)

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 11/00/2013 

NPRM Comment Period End 01/00/2014 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

Energy Affected: No

Agency Contact: Roger D. Einerson 

Assistant Director, Torts Branch

Department of Justice

Legal Activities

P.O. 888, Benjamin Franklin Station, Washington, DC 20044

Washington , DC 20044 

Phone: 202 616-4250

Department of Justice (DOJ)

Legal Activities ( LA ) RIN: 1105-AB41

11

Regulations.gov Tuesday, November 26, 2013 Unified Agenda
 View Related Documents

Title: Amendments to Application Procedures and Criteria for Approval; Credit Counseling Agencies and Debtor Education

Providers

Abstract: This rule would amend the procedures and criteria United States Trustees use when determining whether applicants

seeking to become and remain approved nonprofit budget and credit counseling agencies ("credit counseling agencies") or

providers of a financial management course ("debtor education providers") satisfy all the prerequisites of the United States

Code and applicable Executive Office for United States Trustees regulations. Under current law, an individual may not be a

debtor under title 11 of the United States Code, unless during the 180-day period preceding the date of filing a bankruptcy

petition, the individual receives adequate counseling from a credit counseling agency that is approved by the United States

Trustee. Additionally, individual debtors must participate in debtor education before receiving a discharge of debts.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

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

Legal Authority: 11 USC 111

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 04/00/2014 

NPRM Comment Period End 06/00/2014 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

Related RINs: Related to 1105-AB17; Related to 1105-AB31

Agency Contact: Ramona D. Elliott 

Deputy Director/General Counsel

Department of Justice

Legal Activities

Executive Office for United States Trustees, Suite 6150, 441 G St, NW., Washington, DC 20530

Washington , DC 20530 

Phone: 202 307-1399

FAX: 202 307-2397

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

Department of Justice (DOJ)

Legal Activities ( LA ) RIN: 1105-AB27

 View Related Documents

Title: Disclosure or Production of Records or Information

Abstract: This rule would revise and update the Department of Justice regulations implementing the Freedom of Information

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

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

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

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

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 03/21/2011 76 FR 15236 

NPRM Comment Period End 04/20/2011 

NPRM Comment Period Reopened 09/19/2011 76 FR 57940 

NPRM Reopened Comment Period End 10/19/2011 

Final Action 03/00/2014 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Agency Contact: Celeste Daise Wheeler 

Attorney Advisor

Department of Justice

12

Regulations.gov Tuesday, November 26, 2013 Unified Agenda
Legal Activities

Office of Information Policy, Suite 11050, New York Avenue Building, Washington, DC 20530

Washington , DC 20530 

Phone: 202 514-3642

E-Mail: celeste.wheeler@usdoj.gov

Department of Justice (DOJ)

Legal Activities ( LA ) RIN: 1105-AB42

 View Related Documents

Title: Revision to United States Marshals Service Fees for Services

Abstract: This rule increases the fee from $55 per person per hour to $65 per person per hour for process served or executed

personally by a United States Marshals Service employee, agent, or contractor. This proposed fee increase reflects the current

costs to the United States Marshals Service for service of process in Federal court proceedings.

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

Major: No Unfunded Mandates: No

CFR Citation: 28 CFR 0 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 5 USC 301; 28 USC 509; 28 USC 510; 28 USC 515 to 519

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 04/12/2013 78 FR 21862 

NPRM Comment Period End 06/11/2013 

Final Action 01/00/2014 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

Energy Affected: No

Agency Contact: Joe Lazar 

Associate General Counsel, United States Marshals Service

Department of Justice

Legal Activities

CS-3, 12th Floor, Washington, DC 20530

Washington , DC 20530 

Phone: 202 307-9054

Department of Justice (DOJ)

Legal Activities ( LA ) RIN: 1105-AB40

 View Related Documents

Title: Repealing Unnecessary OVW Regulations

Abstract: The STOP (Services-Training-Officers-Prosecutors) Violence Against Indian Women Discretionary Grant Program

was codified at 42 U.S.C. 3796gg through 3796gg-5. The final rule for this program, found at 28 CFR part 90, subpart C, was

promulgated on April 18, 1995. The Violence Against Women Act of 2005 (VAWA 2005, Pub. L. 109-162) eliminated this

program, and replaced it with a new program, the Grants to Indian Tribal Governments Program. Regulations are not required

for the new program. The Grants to Reduce Violent Crimes Against Women on Campus Program was authorized by title VIII,

part E, section 826, of the Higher Education Amendments of 1998, Public Law No. 105-244, 112 Stat. 1581 (Oct. 7, 1998).

VAWA 2005 reauthorized the program and removed it from the Higher Education Amendments. The final rule for the program,

found at 28 CFR part 90, subpart E, was promulgated on July 22, 1999. The program as recodified does not require regulations.

Because these regulations are obsolete and unnecessary, this rule repeals them.

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

Major: No Unfunded Mandates: No

CFR Citation: 28 CFR 90 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: PL 109-162

Legal Deadline: None

Timetable:

Action Date FR Cite

13

Regulations.gov Tuesday, November 26, 2013 Unified Agenda
NPRM 05/18/2012 77 FR 29579 

NPRM Comment Period End 07/17/2012 

Final Action 07/09/2013 78 FR 40959 

Final Action Effective 09/09/2013 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

Energy Affected: No

Agency Contact: Ms. Marnie Shiels Department of Justice

Legal Activities

Office on Violence Against Women, Washington, DC 20405

Washington , DC 20405 

Phone: 202 305-2981

E-Mail: marnie.shiels@usdoj.gov

Department of Justice (DOJ)

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

 View Related Documents

Title: Clarification Regarding the Production of FBI Criminal Identification Records

Abstract: This rule would propose to amend the FBI's regulations to address the procedures an individual may use to obtain

his or her criminal identification records and clarify who may receive the criminal identification records. In addition, this rule

would address authority to accept alternative proofs of identity necessary to accompany such requests and allow the FBI to

authorize additional methods of submitting requests and additional methods of payment. Finally, this rule would address the

definition of "identification record."

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

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

Legal Authority: 31 USC 9701

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 01/00/2014 

NPRM Comment Period End 03/00/2014 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Kimberly J. Del Greco

Section Chief

Department of Justice

Federal Bureau of Investigation

Module E2, 1000 Custer Hollow Road, Clarksburg, WV 26306

Clarksburg , WV 26306 

Phone: 304 625-2000

Department of Justice (DOJ)

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

 View Related Documents

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

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

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

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

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

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

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

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule

14

Regulations.gov Tuesday, November 26, 2013 Unified Agenda
Major: No Unfunded Mandates: No

CFR Citation: 28 CFR 105 (To search for a specific CFR, visit the Code of Federal Regulations ) 

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

Legal Deadline: 

Action Source Description Date

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

12/17/2004) 06/15/2005 

Timetable:

Action Date FR Cite

Interim Final Rule 01/11/2006 71 FR 1690 

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

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

Final Action 06/00/2014 

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

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: M. McIntyre Sundin 

Attorney-Advisor

Department of Justice

Federal Bureau of Investigation

1000 Custer Hollow Road, Clarksburg, WV 26306

Clarksburg , WV 26306 

Phone: 304 625-2000

FAX: 304 625-3944

E-Mail: enexreg@leo.gov

Department of Justice (DOJ)

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

 View Related Documents

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

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

former law enforcement officers from State laws prohibiting the carrying of concealed handguns. This rule would implement the

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

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

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

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

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

Legal Authority: PL 108-277

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 01/23/2007 72 FR 2817 

NPRM Comment Period End 03/26/2007 

Final Action 05/00/2014 

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

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: M. McIntyre Sundin 

Attorney-Advisor

Department of Justice

Federal Bureau of Investigation

1000 Custer Hollow Road, Clarksburg, WV 26306

Clarksburg , WV 26306 

Phone: 304 625-2000

FAX: 304 625-3944

15

Regulations.gov Tuesday, November 26, 2013 Unified Agenda
E-Mail: enexreg@leo.gov

Department of Justice (DOJ) 

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

 View Related Documents

Title: Inclusion of Nonserious Offense Identification Records

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

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

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

Identification Index (III) System, which maintains fingerprint-supported CHRI.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

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

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

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 09/05/2006 71 FR 52302 

NPRM Comment Period End 11/06/2006 

Final Action 04/00/2014 

Additional Information: This action (RIN 1110-AA25; FBI Docket No. 111) continues a portion of a rulemaking relating to

criminal history record information for non-serious offenses (NSOs) that was previously reported under RIN 1110-AA20; FBI

Docket No. 110.

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Agency Contact: M. McIntyre Sundin 

Attorney-Advisor

Department of Justice

Federal Bureau of Investigation

1000 Custer Hollow Road, Clarksburg, WV 26306

Clarksburg , WV 26306 

Phone: 304 625-2000

FAX: 304 625-3944

E-Mail: enexreg@leo.gov

Department of Justice (DOJ)

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

 View Related Documents

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

Resolve Difficulties Created by Unforeseen Processing Conflicts Within the System

Abstract: The Department of Justice plans to propose amendments to title 28 of the Code of Federal Regulations, part 25 to

promote public safety, to enhance the efficiency of the National Instant Criminal Background Check System (NICS) operations,

and to resolve difficulties created by unforeseen processing conflicts within the system. The proposed amendments would

address entities authorized to receive information in connection with the issuance of a firearm-related permit or license; (2)

access to the FBI-maintained NICS Index to permit background checks for the purpose of returning firearms in the possession

of a law enforcement or criminal justice agency; and (3) requirements for retention of records relating to denied transactions.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

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

Legal Authority: PL 103-159

Legal Deadline: None

Timetable:

Action Date FR Cite

16

Regulations.gov Tuesday, November 26, 2013 Unified Agenda
NPRM 01/28/2013 78 FR 5757 

NPRM Comment Period End 03/29/2013 

Final Action 12/00/2013 

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

Federalism: No

Energy Affected: No

Agency Contact: Mary Kay Paugh 

Program Analyst, EDAS Team, NICS Section, CJIS Division

Department of Justice

Federal Bureau of Investigation

Module A-3, 1000 Custer Hollow Road, Clarksburg, WV 26306

Clarksburg , WV 26306 

Phone: 304 625-7414

FAX: 304 625-0535

Department of Justice (DOJ) 

Drug Enforcement Administration ( DEA ) RIN: 1117-AB05

 View Related Documents

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

Listed Chemical Products

Abstract: This rule would modify and finalize the interim-final retail provisions of the Combat Methamphetamine Epidemic Act

of 2005 (CMEA) (title VII of Pub. L. 109-177). Final provisions may include daily and 30-day sales limits for covered products to

individuals, packaging limits, product placement requirements (behind the counter), requirements for regulated sellers to check

the identity of purchasers and to maintain a log of each sell that includes the purchaser's name and address, and requirements

for regulated sellers to train employees in the provisions of the law and to certify to DEA that such training has occurred.

Priority: Economically Significant Agenda Stage of Rulemaking: Final Rule

Major: Yes Unfunded Mandates: No

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

Federal Regulations ) 

Legal Authority: 21 USC 802; 21 USC 821; 21 USC 822; 21 USC 823; 21 USC 824; 21 USC 827(h); 21 USC 829; 21 USC

830; 21 USC 842; 21 USC 871(b); 21 USC 875; 21 USC 877; 21 USC 886a; 21 USC 890; 21 USC 951; 21 USC 952; 21 USC

958

Legal Deadline: None

Timetable:

Action Date FR Cite

Interim Final Rule 09/26/2006 71 FR 56008 

Interim Final Rule Effective 09/21/2006 

Interim Final Rule Effective: Sections 1314.20, 1314.25, and 1314.30 09/30/2006 

Correction 10/13/2006 71 FR 60609 

Interim Final Rule Effective: Section 1314.30(a)(2) 11/27/2006 

Interim Final Rule Comment Period End 11/27/2006 

Final Action 02/00/2014 

Additional Information: Docket Number DEA-291

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: Business Federalism: No

Energy Affected: No

Public Comment URL: www.regulations.gov

Agency Contact: Ruth A. Carter 

Chief, Policy Evaluation and Analysis Section, Office of Diversion Control

Department of Justice

Drug Enforcement Administration

8701 Morrissette Drive, Springfield, VA 22152

Springfield , VA 22152 

Phone: 202 598-6812

17

Regulations.gov Tuesday, November 26, 2013 Unified Agenda
Department of Justice (DOJ) 

Drug Enforcement Administration ( DEA ) RIN: 1117-AB06

 View Related Documents

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

Exportation

Abstract: This final rule would finalize the implementing regulations for the "spot market" provisions of the Combat

Methamphetamine Epidemic Act of 2005 (CMEA) (title VII of Pub. L. 109-177). Importers, exporters, and persons conducting

international transactions of all List I and List II chemicals are now required to provide DEA with information on the person to

whom they will transfer the listed chemicals and the amount to be transferred, and must provide a return declaration once the

importation, exportation, or international transaction has occurred.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

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

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

Legal Deadline: None

Timetable:

Action Date FR Cite

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

Interim Final Rule Effective 05/09/2007 

Interim Final Rule Comment Period End 05/09/2007 

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

Final Action 03/00/2014 

Additional Information: Docket DEA-292

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: No

Federalism: No

Energy Affected: No

Public Comment URL: www.regulations.gov

Agency Contact: Ruth A. Carter 

Chief, Policy Evaluation and Analysis Section, Office of Diversion Control

Department of Justice

Drug Enforcement Administration

8701 Morrissette Drive, Springfield, VA 22152

Springfield , VA 22152 

Phone: 202 598-6812

Department of Justice (DOJ)

Drug Enforcement Administration ( DEA ) RIN: 1117-AB18

 View Related Documents

Title: Disposal of Controlled Substances

Abstract: This action would finalize requirements governing the safe and secure disposal of controlled substances by DEA

registrants and ultimate users. This final rule would implement the Secure and Responsible Drug Disposal Act of 2010 by

providing ultimate users safe and convenient options to transfer controlled substances for the purpose of disposal. The rule

would reorganize and consolidate existing regulations concerning disposal (including the role of reverse distributors) and

establish a comprehensive regulatory framework for the collection and destruction of controlled substances consistent with the

Controlled Substances Act.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 21 CFR 1300; 21 CFR 1301; 21 CFR 1304; 21 CFR 1305; 21 CFR 1307; new part 1317 (To search for a

specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 21 USC 821; 21 USC 822; 21 USC 823; 21 USC 827; 21 USC 828; 21 USC 871; 21 USC 958

Legal Deadline: None

Timetable:

Action Date FR Cite

ANPRM 01/21/2009 74 FR 3480 

18

Regulations.gov Tuesday, November 26, 2013 Unified Agenda
ANPRM Comment Period End 03/23/2009 

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

NPRM 12/21/2012 77 FR 75784 

NPRM Comment Period End 02/19/2013 

Final Action 03/00/2014 

Additional Information: Docket Number DEA-316

Regulatory Flexibility Analysis Required: Business;

Organizations Government Levels Affected: No

Federalism: No

Energy Affected: No

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

Agency Contact: Ruth A. Carter 

Chief, Policy Evaluation and Analysis Section, Office of Diversion Control

Department of Justice

Drug Enforcement Administration

8701 Morrissette Drive, Springfield, VA 22152

Springfield , VA 22152 

Phone: 202 598-6812

Department of Justice (DOJ)

Drug Enforcement Administration ( DEA ) RIN: 1117-AB30

 View Related Documents

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

Abstract: This action would finalize without change the interim-final regulations promulgated under the Combat

Methamphetamine Enhancement Act of 2010 (MEA) which established new requirements for mail-order distributors of

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

intended for personal use; mail-order distributors that sell scheduled listed chemical products not intended for personal use are

not affected by the MEA. Under the MEA, this self-certification must include a statement that the mail-order distributor

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

the MEA requires mail-order distributors to train their employees prior to self-certification. DEA would promulgate this final rule

to finalize rulemaking activities incorporating the statutory provisions of the MEA and make its regulations consistent with MEA

requirements and other existing regulations related to self-certification.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

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

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

Legal Deadline: 

Action Source Description Date

Other Statutory PL 111-268 04/10/2011 

Timetable:

Action Date FR Cite

Interim Final Rule 04/13/2011 76 FR 20518 

Interim Final Rule Effective 04/13/2011 

Final Action 03/00/2014 

Additional Information: Docket No. DEA-347

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

Energy Affected: No

Agency Contact: Ruth A. Carter 

Chief, Policy Evaluation and Analysis Section, Office of Diversion Control

Department of Justice

Drug Enforcement Administration

8701 Morrissette Drive, Springfield, VA 22152

Springfield , VA 22152 

Phone: 202 598-6812

19

Regulations.gov Tuesday, November 26, 2013 Unified Agenda
Department of Justice (DOJ) 

Drug Enforcement Administration ( DEA ) RIN: 1117-AA61

 View Related Documents

Title: Electronic Prescriptions for Controlled Substances

Abstract: By this final rule, the Drug Enforcement Administration (DEA) would finalize its regulations to clarify: (1) the criteria by

which DEA-registered practitioners may electronically issue controlled substance prescriptions; and (2) the criteria by which

DEA-registered pharmacies may receive and archive these electronic prescriptions. The finalized rule would contain

modifications from the interim-final rule previously published. The final regulations would modify the requirements that must be

met by any registrant who wishes to dispense controlled substances pursuant to electronic prescriptions, including requirements

pertaining to authorized software applications. (The final rule would maintain the discretionary usage of electronic prescriptions

found in the interim-final rule.)

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

Major: Yes Unfunded Mandates: No

CFR Citation: 21 CFR 1300; 21 CFR 1304; 21 CFR 1306; 21 CFR 1311 (To search for a specific CFR, visit the Code of

Federal Regulations ) 

Legal Authority: 21 USC 802; 21 USC 821; 21 USC 827; 21 USC 829; 21 USC 871(b)

Legal Deadline: None

Timetable:

Action Date FR Cite

Final Action 

ANPRM 03/05/2001 66 FR 13274 

NPRM 06/27/2008 73 FR 36722 

NPRM Comment Period End 09/25/2008 

Interim Final Rule 03/31/2010 75 FR 16236 

Interim Final Rule Comment Period End 06/01/2010 

Interim Final Rule Effective 06/01/2010 

Additional Information: Docket Number DEA-218

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: Business Federalism: No

Public Comment URL: www.deadiversion.usdoj.gov

Agency Contact: Ruth A. Carter 

Chief, Policy Evaluation and Analysis Section, Office of Diversion Control

Department of Justice

Drug Enforcement Administration

8701 Morrissette Drive, Springfield, VA 22152

Springfield , VA 22152 

Phone: 202 598-6812

Department of Justice (DOJ)

Drug Enforcement Administration ( DEA ) RIN: 1117-AB33

 View Related Documents

Title: Establishment of a New Drug Code for Marihuana Extract

Abstract: This action would finalize the creation of a new Administration Controlled Substances Code Number ("Code Number"

or "drug code") under 21 CFR 1308.11 for "Marihuana Extract." This Code Number would allow DEA and DEA-registered

entities to track quantities of this material separately from quantities of natural marihuana product from cannabis sativa and also

aid DEA in complying with relevant treaty provisions.

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

Major: No Unfunded Mandates: No

CFR Citation: 21 CFR 1308.11(d) (To search for a specific CFR, visit the Code of Federal Regulations ) 

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

Legal Deadline: None

Timetable:

Action Date FR Cite

20

Regulations.gov Tuesday, November 26, 2013 Unified Agenda
Final Action 

NPRM 07/05/2011 76 FR 39039 

NPRM Comment Period End 09/06/2011 

Additional Information: Docket Number DEA-342

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

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

Agency Contact: Ruth A. Carter 

Chief, Policy Evaluation and Analysis Section, Office of Diversion Control

Department of Justice

Drug Enforcement Administration

8701 Morrissette Drive, Springfield, VA 22152

Springfield , VA 22152 

Phone: 202 598-6812

Department of Justice (DOJ)

Drug Enforcement Administration ( DEA ) RIN: 1117-AB35

 View Related Documents

Title: Exempt Chemical Preparations; Exempt Prescription Products; Exempt Anabolic Steroid Products

Abstract: The Drug Enforcement Administration (DEA) would propose to revise its regulations to clarify exemptions from the

Controlled Substances Act (CSA) pursuant to 21 U.S.C. 811(g)(3). The plain language of the CSA authorizes DEA to exempt

approved chemical preparations and anabolic steroid products only from subchapter I (21 U.S.C. 801-904) of the CSA. DEA's

regulations, however, state that approved chemical preparations and anabolic steroid products are exempt from certain

provisions of both subchapter I and subchapter II (21 U.S.C. 951-971 (import and export provisions)) of the CSA. DEA would

revise its regulations to reflect the authority provided by Congress in the CSA and would review ways that the exemption

process may be updated and streamlined. As such, DEA would repeal any portion of its regulations that allow the exemption of

chemical preparations and anabolic steroid products from application of sections 1002, 1003, and 1004 of the CSA (21 U.S.C.

952-954) and its implementing regulations.

Priority: Other Significant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 21 CFR 1308.23; 21 CFR 1308.24; 21 CFR 1308.31; 21 CFR 1308.32; 21 CFR 1308.33; 21 CFR 1308.34 (To

search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 21 USC 811(g); 21 USC 821; 21 USC 871(b)

Legal Deadline: None

Timetable:

Action Date FR Cite

Withdrawn 08/19/2013 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

Agency Contact: Ruth A. Carter 

Chief, Policy Evaluation and Analysis Section, Office of Diversion Control

Department of Justice

Drug Enforcement Administration

8701 Morrissette Drive, Springfield, VA 22152

Springfield , VA 22152 

Phone: 202 598-6812

Department of Justice (DOJ)

Bureau of Prisons ( BOP ) RIN: 1120-AB34

 View Related Documents

Title: Administrative Remedy Program--Subpart Revision

Abstract: In this document, the Bureau of Prisons (Bureau) proposes to revise current regulations on the Administrative

Remedy Program to clarify existing provisions and to expand the program to allow Federal inmates housed in contract facilities

21

Regulations.gov Tuesday, November 26, 2013 Unified Agenda
to file grievances related to Bureau issues. For further simplification, we remove language relating solely to internal Agency

practices and procedures. The changes would provide a consistent approach to correct the current deficiency in the

Administrative Remedy Program and to provide Federal inmates housed in contract facilities with a process for addressing

issues for which only the Bureau may grant relief.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

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

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

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

28 USC 509 and 510

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 06/00/2014 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Sarah N. Qureshi 

Rules Administrator

Department of Justice

Bureau of Prisons

HOLC Building, 320 First Street NW., Washington, DC 20534

Washington , DC 20534 

Phone: 202 307-2105

FAX: 202 305-4577

E-Mail: squreshi@bop.gov

Department of Justice (DOJ)

Bureau of Prisons ( BOP ) RIN: 1120-AB53

 View Related Documents

Title: Marriages of Inmates Rules Revision

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

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

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

Major: No Unfunded Mandates: No

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

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

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

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

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 04/00/2014 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Sarah N. Qureshi 

Rules Administrator

Department of Justice

Bureau of Prisons

HOLC Building, 320 First Street NW., Washington, DC 20534

Washington , DC 20534 

Phone: 202 307-2105

FAX: 202 305-4577

E-Mail: squreshi@bop.gov

22

Regulations.gov Tuesday, November 26, 2013 Unified Agenda
Department of Justice (DOJ) 

Bureau of Prisons ( BOP ) RIN: 1120-AB56

 View Related Documents

Title: Inmate Commissary Account Deposit Procedures

Abstract: The Bureau of Prisons is planning to propose to amend its regulations on inmate commissary account deposit

procedures and requirements to provide clarification on information disclosure requirements for deposit senders.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: Undetermined Unfunded Mandates: No

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

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

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

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 02/00/2014 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Sarah N. Qureshi 

Rules Administrator

Department of Justice

Bureau of Prisons

HOLC Building, 320 First Street NW., Washington, DC 20534

Washington , DC 20534 

Phone: 202 307-2105

FAX: 202 305-4577

E-Mail: squreshi@bop.gov

Department of Justice (DOJ)

Bureau of Prisons ( BOP ) RIN: 1120-AB58

 View Related Documents

Title: Inmate Legal Activities

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

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

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

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

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

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

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 03/00/2014 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Sarah N. Qureshi 

Rules Administrator

Department of Justice

Bureau of Prisons

HOLC Building, 320 First Street NW., Washington, DC 20534

Washington , DC 20534 

23

Regulations.gov Tuesday, November 26, 2013 Unified Agenda
Phone: 202 307-2105 

FAX: 202 305-4577

E-Mail: squreshi@bop.gov

Department of Justice (DOJ)

Bureau of Prisons ( BOP ) RIN: 1120-AB62

 View Related Documents

Title: Searches of Housing Units, Inmates, and Inmate Work Areas: Use of X-ray Devices--Clarification of Terminology

Abstract: In this document, the Bureau of Prisons (Bureau) proposes to clarify that body imaging search devices are

"electronic search devices" for routine or random use in searching inmates, and are distinguished from medical x-ray devices,

which require the inmate's consent, or Regional Director approval, for use as search devices.

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

Major: No Unfunded Mandates: No

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

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

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

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 12/00/2013 

NPRM Comment Period End 02/00/2014 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Sarah N. Qureshi 

Rules Administrator

Department of Justice

Bureau of Prisons

HOLC Building, 320 First Street NW., Washington, DC 20534

Washington , DC 20534 

Phone: 202 307-2105

FAX: 202 305-4577

E-Mail: squreshi@bop.gov

Department of Justice (DOJ)

Bureau of Prisons ( BOP ) RIN: 1120-AB64

 View Related Documents

Title: Good Conduct Time: Alternative Adult Literacy Programs

Abstract: In this document, the Bureau of Prisons (Bureau) would propose to amend its rules on Good Conduct Time (GCT)

and literacy. The purpose of this proposed rule is to provide effective literacy programming alternatives to the General

Educational Development (GED) program that more effectively meet the specialized needs of inmates. This will also have the

added benefit of reducing lengthy waiting lists for the GED program.

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

Major: No Unfunded Mandates: No

CFR Citation: 28 CFR 523; 28 CFR 544 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: Not Yet Determined

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 01/00/2014 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

24

Regulations.gov Tuesday, November 26, 2013 Unified Agenda
Energy Affected: No

Agency Contact: Sarah N. Qureshi 

Rules Administrator

Department of Justice

Bureau of Prisons

HOLC Building, 320 First Street NW., Washington, DC 20534

Washington , DC 20534 

Phone: 202 307-2105

FAX: 202 305-4577

E-Mail: squreshi@bop.gov

Department of Justice (DOJ)

Bureau of Prisons ( BOP ) RIN: 1120-AA85

 View Related Documents

Title: Designation of Offenses Subject to Sex Offender Release Notification

Abstract: The Bureau of Prisons (Bureau) would propose to remove rules which designate various offenses as sexual offenses

for purposes of 18 U.S.C. section 4042(c) because that provision, which necessitated regulations, has been repealed in relevant

part.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

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

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

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

4218

Legal Deadline: None

Timetable:

Action Date FR Cite

Interim Final Rule 12/16/1998 63 FR 69386 

Interim Final Rule Comment Period End 02/16/1999 

NPRM 02/08/2013 78 FR 9353 

NPRM Comment Period End 04/19/2013 

Final Action 03/00/2014 

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal

Small Entities Affected: No Federalism: No

Agency Contact: Sarah N. Qureshi 

Rules Administrator

Department of Justice

Bureau of Prisons

HOLC Building, 320 First Street NW., Washington, DC 20534

Washington , DC 20534 

Phone: 202 307-2105

FAX: 202 305-4577

E-Mail: squreshi@bop.gov

Department of Justice (DOJ)

Bureau of Prisons ( BOP ) RIN: 1120-AA95

 View Related Documents

Title: Drug Testing Program

Abstract: This document would consolidate into a single drug testing program separately stated regulations on alcohol testing

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

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

Major: No Unfunded Mandates: No

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

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

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

25

Regulations.gov Tuesday, November 26, 2013 Unified Agenda
Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 09/21/2000 65 FR 57126 

NPRM Comment Period End 11/20/2000 

Final Action 02/00/2014 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Agency Contact: Sarah N. Qureshi 

Rules Administrator

Department of Justice

Bureau of Prisons

HOLC Building, 320 First Street NW., Washington, DC 20534

Washington , DC 20534 

Phone: 202 307-2105

FAX: 202 305-4577

E-Mail: squreshi@bop.gov

Department of Justice (DOJ)

Bureau of Prisons ( BOP ) RIN: 1120-AB05

 View Related Documents

Title: District of Columbia Educational Good Time Credit

Abstract: This document establishes procedures for awarding educational good time credit consistent with the DC Code for

offenders in Bureau institutions or Bureau contract facilities, under the National Capital Revitalization and Self-Government

Improvement Act of 1997, who committed their offenses before August 5, 2000.

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

Major: No Unfunded Mandates: No

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

Legal Authority: 18 USC 3568; 18 USC 3621; 18 USC 3622; 18 USC 3624; 18 USC 4001; 18 USC 4042; 18 USC 4081; 18

USC 4082; 18 USC 4161 to 4166; 18 USC 5006 to 5024; 18 USC 5039; 28 USC 509 to 510

Legal Deadline: None

Timetable:

Action Date FR Cite

Interim Final Rule 07/24/2002 67 FR 48385 

Interim Final Rule Comment Period End 09/23/2002 

Final Action 06/00/2014 

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal

Small Entities Affected: No Federalism: No

Agency Contact: Sarah N. Qureshi 

Rules Administrator

Department of Justice

Bureau of Prisons

HOLC Building, 320 First Street NW., Washington, DC 20534

Washington , DC 20534 

Phone: 202 307-2105

FAX: 202 305-4577

E-Mail: squreshi@bop.gov

Department of Justice (DOJ)

Bureau of Prisons ( BOP ) RIN: 1120-AB10

 View Related Documents

Title: Reduction in Sentence for Medical Reasons

Abstract: The Bureau of Prisons (Bureau) proposes changes to its regulations on compassionate release, including (1)

changing the title to "Reduction in Sentence in Extraordinary and Compelling Circumstances"; (2) deleting language which

26

Regulations.gov Tuesday, November 26, 2013 Unified Agenda
indicates that the Bureau will only allow reductions in sentence for circumstances "which could not reasonably have been

foreseen by the court at the time of sentencing"; (3) indicating that, when considering an inmate for reduction in sentence, the

General Counsel will solicit the opinion of the United States Attorney's Office that prosecuted the inmate; and (4) making an

alteration that allows eligibility of District of Columbia Code felony offenders (D.C. Code felony offenders) for reduction in

sentence under Bureau regulations.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

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

Legal Authority: 5 USC 301; 18 USC 3621 and 3622, 3565, 3568 and 3569, 3582, 3621, 3622, 3624, 4001, 4042, 4081 and

4082; 18 USC 4161 to 4166, 4201 to 4218, 5006 to 5024, 5031 to 5042; 28 USC 509 and 510; 28 CFR 1.1-1.10; D.C. Official

Code sec 24-101, sec 24-461 sec 24-465, sec 24-467, and sec 24-468

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 12/21/2006 71 FR 76619 

NPRM Comment Period End 02/20/2007 

Final Action 02/00/2014 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Sarah N. Qureshi 

Rules Administrator

Department of Justice

Bureau of Prisons

HOLC Building, 320 First Street NW., Washington, DC 20534

Washington , DC 20534 

Phone: 202 307-2105

FAX: 202 305-4577

E-Mail: squreshi@bop.gov

Department of Justice (DOJ)

Bureau of Prisons ( BOP ) RIN: 1120-AB14

 View Related Documents

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

Abstract: In this document, the Bureau of Prisons (Bureau) streamlines its rules on the Central Inmate Monitoring system

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

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

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

internal agency management and practice and do not impose obligations or confer any benefits upon our regulated entities (the

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

on the Admission and Orientation Program. Any requirement imposed on our staff in these rules will remain a Bureau-wide

requirement in our policy. It is important to note that we have not changed the substance of the CIM rules.

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

Major: No Unfunded Mandates: No

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

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

5039; 28 USC 509 and 510; ...

Legal Deadline: None

Timetable:

Action Date FR Cite

Interim Final Rule 04/00/2014 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Sarah N. Qureshi 

Rules Administrator

27

Regulations.gov Tuesday, November 26, 2013 Unified Agenda
Department of Justice

Bureau of Prisons

HOLC Building, 320 First Street NW., Washington, DC 20534

Washington , DC 20534 

Phone: 202 307-2105

FAX: 202 305-4577

E-Mail: squreshi@bop.gov

Department of Justice (DOJ)

Bureau of Prisons ( BOP ) RIN: 1120-AB26

 View Related Documents

Title: Autopsies

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

Agency management procedures that need not be stated in regulation.

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

Major: No Unfunded Mandates: No

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

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

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

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 06/16/2008 73 FR 33957 

NPRM Comment Period End 08/15/2008 

Final Action 05/00/2014 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Sarah N. Qureshi 

Rules Administrator

Department of Justice

Bureau of Prisons

HOLC Building, 320 First Street NW., Washington, DC 20534

Washington , DC 20534 

Phone: 202 307-2105

FAX: 202 305-4577

E-Mail: squreshi@bop.gov

Department of Justice (DOJ)

Bureau of Prisons ( BOP ) RIN: 1120-AB37

 View Related Documents

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

Abstract: To help ensure the safe operation of Federal prisons, this document would address possession or introduction of

personal firearms, or attempting, aiding, or abetting possession or introduction of personal firearms, on Federal penal or

correctional institution grounds.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 28 CFR 511 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 5 USC 301; 18 USC 751, 752, 1791, 1792, 1793, 3050, 3621, 3622, 3624, 4001, 4012, 4042, 4081 and 4082

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

offenses committed after that date); 28 USC 509, 510; PL 80-772; 18 USC 1791 and 4042; PL 108-277 (18 USC 926B); 28

CFR 6

Legal Deadline: None

Timetable:

28

Regulations.gov Tuesday, November 26, 2013 Unified Agenda
Action Date FR Cite

NPRM 07/07/2006 71 FR 38543 

NPRM Comment Period End 08/08/2006 

Final Action 04/00/2014 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Sarah N. Qureshi 

Rules Administrator

Department of Justice

Bureau of Prisons

HOLC Building, 320 First Street NW., Washington, DC 20534

Washington , DC 20534 

Phone: 202 307-2105

FAX: 202 305-4577

E-Mail: squreshi@bop.gov

Department of Justice (DOJ)

Bureau of Prisons ( BOP ) RIN: 1120-AB47

 View Related Documents

Title: Intake Screening

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

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

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

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

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

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

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

509 and 510

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 01/20/2010 75 FR 3182 

NPRM Comment Period End 03/22/2010 

Final Action 02/00/2014 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Sarah N. Qureshi 

Rules Administrator

Department of Justice

Bureau of Prisons

HOLC Building, 320 First Street NW., Washington, DC 20534

Washington , DC 20534 

Phone: 202 307-2105

FAX: 202 305-4577

E-Mail: squreshi@bop.gov

Department of Justice (DOJ)

Bureau of Prisons ( BOP ) RIN: 1120-AB48

 View Related Documents

Title: Communication Management Units

Abstract: In this document, the Bureau of Prisons (Bureau) describes Communication Management Units (CMUs). CMUs are

designed to provide an inmate housing unit environment that enables staff monitoring of all communication between CMU

29

Regulations.gov Tuesday, November 26, 2013 Unified Agenda
inmates and persons in the community. The ability to monitor such communication is necessary to ensure the safety, security,

and orderly operation of correctional facilities, and protect the public.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

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

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

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

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

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 04/06/2010 75 FR 17324 

NPRM Comment Period End 06/07/2010 

Final Action 12/00/2013 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Related RINs: Related to 1120-AB35

Agency Contact: Sarah N. Qureshi 

Rules Administrator

Department of Justice

Bureau of Prisons

HOLC Building, 320 First Street NW., Washington, DC 20534

Washington , DC 20534 

Phone: 202 307-2105

FAX: 202 305-4577

E-Mail: squreshi@bop.gov

Department of Justice (DOJ)

Bureau of Prisons ( BOP ) RIN: 1120-AB52

 View Related Documents

Title: Inmate Work and Performance Pay Program: Subpart Revision

Abstract: In this document, the Bureau of Prisons (Bureau) streamlines regulations on inmate work and performance pay by

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

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

Major: No Unfunded Mandates: No

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

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

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

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

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 03/03/2010 75 FR 9544 

NPRM Comment Period End 05/03/2010 

Final Action 02/00/2014 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Sarah N. Qureshi 

Rules Administrator

Department of Justice

Bureau of Prisons

HOLC Building, 320 First Street NW., Washington, DC 20534

Washington , DC 20534 

Phone: 202 307-2105 

30

Regulations.gov Tuesday, November 26, 2013 Unified Agenda
FAX: 202 305-4577

E-Mail: squreshi@bop.gov

Department of Justice (DOJ)

Bureau of Prisons ( BOP ) RIN: 1120-AB54

 View Related Documents

Title: Commutation of Sentence: Technical Change

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

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

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

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

Major: No Unfunded Mandates: No

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

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

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

Legal Deadline: None

Timetable:

Action Date FR Cite

Interim Final Rule 03/23/2010 75 FR 13680 

Interim Final Rule Comment Period End 05/24/2010 

Final Action 04/00/2014 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Sarah N. Qureshi 

Rules Administrator

Department of Justice

Bureau of Prisons

HOLC Building, 320 First Street NW., Washington, DC 20534

Washington , DC 20534 

Phone: 202 307-2105

FAX: 202 305-4577

E-Mail: squreshi@bop.gov

Department of Justice (DOJ)

Bureau of Prisons ( BOP ) RIN: 1120-AB55

 View Related Documents

Title: Classification and Program Review

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

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

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

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

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

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

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

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

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

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

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

Major: No Unfunded Mandates: No

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

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

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

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

Legal Deadline: None

31

Regulations.gov Tuesday, November 26, 2013 Unified Agenda
Timetable:

Action Date FR Cite

NPRM 10/21/2011 76 FR 65428 

NPRM Comment Period End 12/20/2011 

Final Action 02/00/2014 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Sarah N. Qureshi 

Rules Administrator

Department of Justice

Bureau of Prisons

HOLC Building, 320 First Street NW., Washington, DC 20534

Washington , DC 20534 

Phone: 202 307-2105

FAX: 202 305-4577

E-Mail: squreshi@bop.gov

Department of Justice (DOJ)

Bureau of Prisons ( BOP ) RIN: 1120-AB59

 View Related Documents

Title: Administrative Remedy Program: Exception to Initial Filing Procedures

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

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

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

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

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

Major: No Unfunded Mandates: No

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

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

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

Legal Deadline: None

Timetable:

Action Date FR Cite

Interim Final Rule 06/18/2010 75 FR 34625 

Interim Final Rule Effective 06/18/2010 

Interim Final Rule Comment Period End 08/17/2010 

Final Action 07/00/2014 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Sarah N. Qureshi 

Rules Administrator

Department of Justice

Bureau of Prisons

HOLC Building, 320 First Street NW., Washington, DC 20534

Washington , DC 20534 

Phone: 202 307-2105

FAX: 202 305-4577

E-Mail: squreshi@bop.gov

Department of Justice (DOJ)

Bureau of Prisons ( BOP ) RIN: 1120-AB60

 View Related Documents

32

Regulations.gov Tuesday, November 26, 2013 Unified Agenda
Title: Progress Reports

Abstract: In this document, the Bureau of Prisons (Bureau) proposes to remove from regulations and/or modify two types of

progress reports: transfer reports and triennial reports.

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

Major: No Unfunded Mandates: No

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

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

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

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 09/15/2011 76 FR 57012 

NPRM Comment Period End 11/14/2011 

Final Action 12/00/2013 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Sarah N. Qureshi 

Rules Administrator

Department of Justice

Bureau of Prisons

HOLC Building, 320 First Street NW., Washington, DC 20534

Washington , DC 20534 

Phone: 202 307-2105

FAX: 202 305-4577

E-Mail: squreshi@bop.gov

Department of Justice (DOJ)

Bureau of Prisons ( BOP ) RIN: 1120-AB63

 View Related Documents

Title: Contraband and Inmate Personal Property: Technical Change

Abstract: In this document, the Bureau of Prisons makes a minor technical change to its regulations on contraband and

inmate personal property to maintain consistency in language which describes the purpose of the regulations as ensuring the

"safety, security, or good order of the facility or protection of the public."

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

Major: Undetermined Unfunded Mandates: No

CFR Citation: 28 CFR 500; 28 CFR 553 (To search for a specific CFR, visit the Code of Federal Regulations ) 

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

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

Legal Deadline: None

Timetable:

Action Date FR Cite

Interim Final Rule 02/00/2014 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Sarah N. Qureshi 

Rules Administrator

Department of Justice

Bureau of Prisons

HOLC Building, 320 First Street NW., Washington, DC 20534

Washington , DC 20534 

Phone: 202 307-2105

FAX: 202 305-4577

E-Mail: squreshi@bop.gov

33

Regulations.gov Tuesday, November 26, 2013 Unified Agenda
Department of Justice (DOJ) 

Bureau of Prisons ( BOP ) RIN: 1120-AB57

 View Related Documents

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

Abstract: In this document, the Bureau of Prisons (Bureau) would amend regulations regarding inmate access to Inmate

Central File materials to prohibit sentenced inmates incarcerated in Bureau facilities, including those in contract facilities or

community confinement, from possessing their Pre-Sentence Investigation Reports (PSR), Statements of Reasons (SOR), or

other similar sentencing documents from criminal judgments. Such inmates under this prohibition will continue to be permitted to

review their PSRs and SORs.

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

Major: No Unfunded Mandates: No

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

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

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

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 03/23/2010 75 FR 13705 

NPRM Comment Period End 05/24/2010 

Final Action 11/00/2014 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Sarah N. Qureshi 

Rules Administrator

Department of Justice

Bureau of Prisons

HOLC Building, 320 First Street NW., Washington, DC 20534

Washington , DC 20534 

Phone: 202 307-2105

FAX: 202 305-4577

E-Mail: squreshi@bop.gov

Department of Justice (DOJ)

Bureau of Prisons ( BOP ) RIN: 1120-AB66

 View Related Documents

Title: Compassionate Release (Procedures for the Implementation of 18 U.S.C. Sections 3582(c)(1)(A) and 4205(g)): Technical

Changes

Abstract: In this interim rule, the Bureau of Prisons (Bureau) makes a minor change to remove an administrative level of

review from the processing of a Compassionate Release request packet.

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

Major: No Unfunded Mandates: No

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

Legal Authority: 5 USC sec 301; 18 USC sec 3565; sec 3568 and 3569; sec 3582, sec 3621, sec 3622, sec 3624, sec 4001,

sec 4042; sec 4081, sec 4082 sec 4161-4166 and sec 4201-4218; sec 5006-5024, sec 5031-5042; 28 USC sec 509 and 510;

U.S. Const., Art. II, Sec. 2; 28 CFR 1.1-1.10; D.C. Official Code sec 24-101; sec 24-461, sec 24-465, sec 24-467, and sec 24-

468

Legal Deadline: None

Timetable:

Action Date FR Cite

Next Action Undetermined

Interim Final Rule 02/28/2013 78 FR 13478 

Interim Final Rule Effective 04/01/2013 78 FR 13478 

34

Regulations.gov Tuesday, November 26, 2013 Unified Agenda
Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Sarah N. Qureshi 

Rules Administrator

Department of Justice

Bureau of Prisons

HOLC Building, 320 First Street NW., Washington, DC 20534

Washington , DC 20534 

Phone: 202 307-2105

FAX: 202 305-4577

E-Mail: squreshi@bop.gov

Department of Justice (DOJ)

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

 View Related Documents

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

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

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

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

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

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

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

Major: Undetermined Unfunded Mandates: No

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

Legal Authority: 42 USC 10602; 42 USC 10604

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 07/00/2014 

NPRM Comment Period End 09/00/2014 

Additional Information: TRANSFERRED RIN: This rulemaking 1121-AA68 continues the rulemaking previously listed as "child"

RIN 1121-AA66 under "parent" RIN 1121-AA61. This rulemaking has been transferred to RIN 1121-AA68 because the computer

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

and "child" RINs. This rulemaking is not a new action. (For another VOCA-related rulemaking, see RIN 1121-AA69.)

Regulatory Flexibility Analysis Required: No Government Levels Affected: State

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Toni Thomas Department of Justice

Office of Justice Programs

810 7th Street NW., Washington, DC 20053

Washington , DC 20053 

Phone: 202 307-5983

Department of Justice (DOJ)

Office of Justice Programs ( OJP ) RIN: 1121-AA69

 View Related Documents

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

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

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

include child abuse, homicide survivor, drunk driving, sexual assault, and domestic violence. More than 3 million crime victims

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

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

grant provides for administrative costs for these programs.

35

Regulations.gov Tuesday, November 26, 2013 Unified Agenda
Priority: Other Significant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

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

Legal Authority: 42 USC 10603; 42 USC 10604

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 08/27/2013 78 FR 52877 

NPRM Comment Period End 10/28/2013 

Final Action 05/00/2014 

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

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

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

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

Regulatory Flexibility Analysis Required: No Government Levels Affected: State

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Toni Thomas Department of Justice

Office of Justice Programs

810 7th Street NW., Washington, DC 20053

Washington , DC 20053 

Phone: 202 307-5983

Department of Justice (DOJ)

Office of Justice Programs ( OJP ) RIN: 1121-AA78

 View Related Documents

Title: International Terrorism Victim Expense Reimbursement Program

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

Victim Expense Reimbursement Program (ITVERP) in order to remove a regulatory limitation on the discretion of the Director of

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

terrorism.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

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

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

Legal Deadline: None

Timetable:

Action Date FR Cite

Interim Final Rule 04/11/2011 76 FR 19909 

Interim Final Rule Effective 04/11/2011 

Interim Final Rule Comment Period End 06/10/2011 

Final Action 04/00/2014 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

Energy Affected: No

Agency Contact: Kristopher A. Brambila 

Attorney-Advisor

Department of Justice

Office of Justice Programs

810 7th Street NW., Washington, DC 20053

Washington , DC 20053 

Phone: 202 616-1290

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

36

Regulations.gov Tuesday, November 26, 2013 Unified Agenda
Department of Justice (DOJ) 

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

 View Related Documents

Title: Certification Process for State Capital Counsel Systems

Abstract: Pursuant to the USA PATRIOT Improvement and Reauthorization Act of 2005, on December 11, 2008, the

Department promulgated a final rule to implement certification procedures for States seeking to qualify for the expedited Federal

habeas corpus review procedures in capital cases under chapter 154 of title 28 of the United States Code. On February 5,

2009, the Department published in the Federal Register a notice soliciting further public comment on all aspects of the

December 2008 final rule. As the Department reviewed the comments submitted in response to the February 2009 notice, it

considered further the statutory requirements governing the regulatory implementation of the chapter 154 certification

procedures. The Attorney General determined that chapter 154 reasonably could be construed to allow the Attorney General

greater discretion in making certification determinations than the December 2008 regulations allowed. Accordingly, the

Department published a notice in the Federal Register on May 25, 2010, proposing to remove the December 2008 regulations

pending the completion of a new rulemaking process and finalized the removal of the December 2008 regulations on November

23, 2010. The Department published a notice in the Federal Register on March 3, 2011, proposing a new rule and seeking

public input on the certification procedure for chapter 154 and the standards the Attorney General will apply in making

certification decisions. The comment period for the proposed new rule closed on June 1, 2011. On February 13, 2012, the

Department published a supplemental notice of proposed rulemaking on this subject requesting public comment concerning five

changes that the Department is considering to the previously published proposed rule for the chapter 154 certification

procedure. The Department is in the process of reviewing the comments it received before the comment period closed on March

14, 2012.

Priority: Other Significant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

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

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

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 03/03/2011 76 FR 11705 

NPRM Comment Period End 06/01/2011 

Supplemental NPRM 02/13/2012 77 FR 7559 

Supplemental NPRM Comment Period End 03/14/2012 

Final Action 09/23/2013 78 FR 58160 

Final Action Effective 10/23/2013 

Regulatory Flexibility Analysis Required: No Government Levels Affected: State

Federalism: No

Energy Affected: No

Agency Contact: Robert Hinchman 

Senior Counsel, Office of Legal Policy

Department of Justice

Office of Justice Programs

Room 4252, 950 Pennsylvania Avenue NW., Washington, DC 20530

Washington , DC 20530 

Phone: 202 514-8059

FAX: 202 353-2371

E-Mail: robert.hinchman@usdoj.gov

Department of Justice (DOJ)

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

 View Related Documents

Title: Authority of Immigration Judges to Issue Civil Money Penalties

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

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

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

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

money penalty sanctions may be imposed, the procedures for imposing these sanctions, the affirmative defenses that may

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

37

Regulations.gov Tuesday, November 26, 2013 Unified Agenda
Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 8 CFR 1003; 28 CFR 0.118 (To search for a specific CFR, visit the Code of Federal Regulations ) 

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

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

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 09/00/2014 

NPRM Comment Period End 11/00/2014 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

Energy Affected: No

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

Agency Contact: Jeff Rosenblum 

General Counsel

Department of Justice

Executive Office for Immigration Review

Office of the General Counsel, 5107 Leesburg Pike, Suite 2600, Falls Church, VA 22041

Falls Church , VA 22041 

Phone: 703 305-0470

FAX: 703 305-0443

E-Mail: eoir.regs.@usdoj.gov

Department of Justice (DOJ)

Executive Office for Immigration Review ( EOIR ) RIN: 1125-AA45

 View Related Documents

Title: International Marriage Brokers

Abstract: This rule would propose to amend the Department of Justice's regulations pursuant to section 833 of the International

Marriage Broker Act of 2005 (IMBRA) and section 808 of the Violence Against Women Act Reauthorization of 2013. Under

IMBRA, international marriage brokers (IMBs) doing business in the United States are required to provide certain information to

persons recruited for matchmaking, and are prohibited from disclosing certain information about such persons. This rule would

establish procedures for adjudicating alleged violations of these provisions. This rule is necessary to deter fradulent marriages

and the exploitation of persons recruited by IMBs.

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

Major: No Unfunded Mandates: No

CFR Citation: 8 CFR 1270 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 8 USC 1101, 1103, 1324(a), 1324(b), 1324(c), 1375(a); PL 109-162, sec 831 et seq; 5 USC 301, 554; PL

113-4, sec 808

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 09/00/2014 

NPRM Comment Period End 11/00/2014 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

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

Related RINs: Related to 1615-AA11

Agency Contact: Jeff Rosenblum 

General Counsel

Department of Justice

Executive Office for Immigration Review

Office of the General Counsel, 5107 Leesburg Pike, Suite 2600, Falls Church, VA 22041

Falls Church , VA 22041 

Phone: 703 305-0470

38

Regulations.gov Tuesday, November 26, 2013 Unified Agenda
FAX: 703 305-0443

E-Mail: eoir.regs.@usdoj.gov

Department of Justice (DOJ)

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

 View Related Documents

Title: Reopened Proceedings on Petitions for Alien Entrepreneur Immigrant Classification (EB-5 Visas)

Abstract: On September 28, 2011, the Department of Homeland Security (DHS) published a rule proposing amendments to its

regulations in order to implement provisions of the 21st Century Department of Justice Appropriations Authorization Act of 2001.

The Department of Justice (Department) is planning to amend its regulations to conform to DHS's proposed amendments to its

regulations governing the employment creation (EB-5) immigrant classification. The Department's proposed rule would only

address provisions that affect proceedings before the Executive Office for Immigration Review.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 8 CFR 1003; 8 CFR 1216; 8 CFR 1245 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 8 USC 1186b

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 09/00/2014 

NPRM Comment Period End 11/00/2014 

Additional Information: Related RIN: 1615-AA90 76 FR 59927 (Sep. 28, 2011)

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

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

Related RINs: Related to 1615-AA90

Agency Contact: Jeff Rosenblum 

General Counsel

Department of Justice

Executive Office for Immigration Review

Office of the General Counsel, 5107 Leesburg Pike, Suite 2600, Falls Church, VA 22041

Falls Church , VA 22041 

Phone: 703 305-0470

FAX: 703 305-0443

E-Mail: eoir.regs.@usdoj.gov

Department of Justice (DOJ)

Executive Office for Immigration Review ( EOIR ) RIN: 1125-AA62

 View Related Documents

Title: List of Pro Bono Legal Service Providers for Aliens in Immigration Proceedings

Abstract: This rule would propose to amend 8 CFR part 1003 by changing the name of the "List of Free Legal Services

Providers" to the "List of Pro Bono Legal Service Providers." The rule would also enhance the eligibility requirements for

organizations, private attorneys, and referral services to be included on the List of Pro Bono Legal Service Providers.

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

Major: No Unfunded Mandates: No

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

Legal Authority: 8 USC 1101; 8 USC 1103; 8 USC 1108(d)(4)(B); 8 USC 1229(a)(1)(E)

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 11/00/2013 

39

Regulations.gov Tuesday, November 26, 2013 Unified Agenda
NPRM Comment Period End 01/00/2014 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

Energy Affected: No

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

Agency Contact: Jeff Rosenblum 

General Counsel

Department of Justice

Executive Office for Immigration Review

Office of the General Counsel, 5107 Leesburg Pike, Suite 2600, Falls Church, VA 22041

Falls Church , VA 22041 

Phone: 703 305-0470

FAX: 703 305-0443

E-Mail: eoir.regs.@usdoj.gov

Department of Justice (DOJ)

Executive Office for Immigration Review ( EOIR ) RIN: 1125-AA63

 View Related Documents

Title: Application of the Serious Nonpolitical Crime Bar to Asylum and Withholding of Removal for Recruitment or Use of Child

Soldiers

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

regulations governing eligibility for asylum and withholding of removal to implement the Child Soldiers Accountability Act of 2008

(CSAA). The CSAA establishes a criminal offense for the recruitment or use of child soldiers, establishes grounds of

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

inadmissible or deportable under these grounds "shall be considered an alien with respect to whom there are serious reasons to

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

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

Major: No Unfunded Mandates: No

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

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

...

Legal Deadline: 

Action Source Description Date

Other Statutory 12/02/2008 

Timetable:

Action Date FR Cite

NPRM 01/00/2014 

NPRM Comment Period End 03/00/2014 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

Energy Affected: No

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

Agency Contact: Jeff Rosenblum 

General Counsel

Department of Justice

Executive Office for Immigration Review

Office of the General Counsel, 5107 Leesburg Pike, Suite 2600, Falls Church, VA 22041

Falls Church , VA 22041 

Phone: 703 305-0470

FAX: 703 305-0443

E-Mail: eoir.regs.@usdoj.gov

Department of Justice (DOJ)

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

 View Related Documents

40

Regulations.gov Tuesday, November 26, 2013 Unified Agenda
Title: Motions To Reopen Removal, Deportation, or Exclusion Proceedings Based Upon a Claim of Ineffective Assistance of

Counsel

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

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

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

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

regulations. The Department is also planning to propose to amend the EOIR regulations that provide that ineffective assistance

of counsel may constitute extraordinary circumstances that may excuse the failure to file an asylum application within one year

after the date of arrival in the United States.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

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

Legal Authority: 5 USC 301; 6 USC 521; 8 USC 1101, 1103, 1154, 1155, 1158, 1182, 1226, 1229, 1229a, 1229b, 1229c,

1231, 1252, 1254a, 1255, 1282, 1324d, 1330, 1361, 1362; 28 USC 509, 510, 1746; sec 2 Reorg. Plan No. 2 of 1950; 3 CFR,

1949-1953, Comp., p. 1002; sec 203 of PL 105-100, 111 Stat 2196-200; sec 1506 and 1510 of PL 106-386, 114 Stat 1527-29,

1531-32; sec 1505 of PL 106-554, 114 Stat 2763A-326-328; title VII of PL 110-229

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 01/00/2014 

NPRM Comment Period End 03/00/2014 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

Energy Affected: No

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

Agency Contact: Jeff Rosenblum 

General Counsel

Department of Justice

Executive Office for Immigration Review

Office of the General Counsel, 5107 Leesburg Pike, Suite 2600, Falls Church, VA 22041

Falls Church , VA 22041 

Phone: 703 305-0470

FAX: 703 305-0443

E-Mail: eoir.regs.@usdoj.gov

Department of Justice (DOJ)

Executive Office for Immigration Review ( EOIR ) RIN: 1125-AA70

 View Related Documents

Title: Implementation of Section 235 of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008;

Treatment of Unaccompanied Alien Children

Abstract: The Department of Homeland Security, U.S. Citizenship and Immigration Services (USCIS), and the Department of

Justice, Executive Office for Immigration Review (EOIR), are planning to propose to amend their respective regulations to

implement section 235 of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008, which provides new

provisions for unaccompanied alien children in asylum and immigration proceedings. Through this joint rule, both Departments

are proposing to amend their separate regulations to reflect that USCIS has initial jurisdiction over any asylum application filed

by an unaccompanied alien child. The Departments also plan to propose to add new special procedures for unaccompanied

alien children in interviews before asylum officers and in proceedings before immigration judges. In addition, EOIR plans to

propose amendments to its regulations governing the relief of voluntary departure for unaccompanied alien children in removal

proceedings.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 8 CFR 1001; 8 CFR 1003; 8 CFR 1208; 8 CFR 1236; 8 CFR 1240; 8 CFR 1245 (To search for a specific CFR,

visit the Code of Federal Regulations ) 

Legal Authority: PL 110-457, sec 235; 112 Stat 5044

Legal Deadline: None

Timetable:

Action Date FR Cite

41

Regulations.gov Tuesday, November 26, 2013 Unified Agenda
NPRM 03/00/2014 

NPRM Comment Period End 05/00/2014 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

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

Related Agencies: Joint : USCIS

Agency Contact: Jeff Rosenblum 

General Counsel

Department of Justice

Executive Office for Immigration Review

Office of the General Counsel, 5107 Leesburg Pike, Suite 2600, Falls Church, VA 22041

Falls Church , VA 22041 

Phone: 703 305-0470

FAX: 703 305-0443

E-Mail: eoir.regs.@usdoj.gov

Department of Justice (DOJ)

Executive Office for Immigration Review ( EOIR ) RIN: 1125-AA71

 View Related Documents

Title: Retrospective Regulatory Review Under E.O. 13563

Abstract: Following the issuance of Executive Order 13563, the Department of Justice (Department) issued a Plan for

Retrospective Analysis of Existing Rules (Plan) on August 22, 2011, identifying several regulations that it plans to review during

the next two years. Pursuant to that Plan, the Department is conducting a retrospective review of portions of the regulations of

the Executive Office for Immigration Review (EOIR). On September 28, 2012, the Department published an Advance Notice of

Proposed Rulemaking proposing amendments to the EOIR regulations in Parts 1003, 1103, 1208, 1211, 1212, 1215, 1216 of

chapter V of title 8 of the Code of Federal Regulations. This rule would propose amendments to parts 1001, 1103, 1211, 1212,

1215, 1216, and 1235. The Department plans to issue a second rule proposing amendments to part 1003.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 8 CFR 1003; 8 CFR 1103; 8 CFR 1208; 8 CFR 1211; 8 CFR 1212; 8 CFR 1215; 8 CFR 1216; 8 CFR 1235 (To

search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 5 USC 301; 8 USC 1101

Legal Deadline: None

Timetable:

Action Date FR Cite

ANPRM 09/28/2012 77 FR 59567 

ANPRM Comment Period End 11/28/2012 

NPRM 03/00/2014 

NPRM Comment Period End 05/00/2014 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

Energy Affected: No

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

Agency Contact: Jeff Rosenblum 

General Counsel

Department of Justice

Executive Office for Immigration Review

Office of the General Counsel, 5107 Leesburg Pike, Suite 2600, Falls Church, VA 22041

Falls Church , VA 22041 

Phone: 703 305-0470

FAX: 703 305-0443

E-Mail: eoir.regs.@usdoj.gov

Department of Justice (DOJ)

Executive Office for Immigration Review ( EOIR ) RIN: 1125-AA72

42

Regulations.gov Tuesday, November 26, 2013 Unified Agenda
 View Related Documents

Title: Recognition and Accreditation

Abstract: This rule would propose to amend the regulations governing the requirements and procedures for authorizing the

representatives of non-profit religious, charitable, social service, or similar organizations to represent aliens in proceedings

before the Executive Office for Immigration Review and the Department of Homeland Security.

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

Major: No Unfunded Mandates: No

CFR Citation: 8 CFR 1001; 8 CFR 1003; 8 CFR 1292 (To search for a specific CFR, visit the Code of Federal Regulations ) 

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

USC 1226; 8 USC 1229; 8 USC 1229a; 8 USC 1229b; 8 USC 1229c; 8 USC 1231; 8 USC 1232; 8 USC 1252b; 8 USC 1254a;

8 USC 1255; 8 USC 1324d; 8 USC 1330; 8 USC 1361; 8 USC 1362; 28 USC 509; 28 USC 510; 28 USC 1746; sec 2 Reorg

Plan No 2 of 1950; 3 CFR, 1949-1953 Comp, 1002; sec 203 of PL 105-100, 111 Stat 2196-200; sec 1506 and 1510 of PL 106-

386, 114 Stat 1527-29, 1531-1532; sec 1505 of PL 106-554, 114 Stat 2763 A-326 to -328

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 01/00/2014 

NPRM Comment Period End 03/00/2014 

Additional Information: Public Meeting notice 77 FR 9590 (Feb. 17, 2012)

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

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

Agency Contact: Jeff Rosenblum 

General Counsel

Department of Justice

Executive Office for Immigration Review

Office of the General Counsel, 5107 Leesburg Pike, Suite 2600, Falls Church, VA 22041

Falls Church , VA 22041 

Phone: 703 305-0470

FAX: 703 305-0443

E-Mail: eoir.regs.@usdoj.gov

Department of Justice (DOJ)

Executive Office for Immigration Review ( EOIR ) RIN: 1125-AA74

 View Related Documents

Title: Immigration Courts and the Board of Immigration Appeals: Motions to Reopen and Reconsider; Effect of Departure or

Removal

Abstract: This rule would propose to amend the Department of Justice's regulations regarding motions to reopen and motions

to reconsider where the respondent has left the United States. Rulemaking proceedings are being initiated in response to a

petition for rulemaking from the American Immigration Council, titled "Petition for Rulemaking to Amend Regulations Governing

Motions to Reopen and Reconsider Removal Proceedings for Noncitizens Who Depart the United States." By letter dated July

28, 2012, the Executive Office for Immigration Review partially granted the petition, committing to initiating a rulemaking

proceeding to amend the departure bar regulatory provisions at 8 CFR sections 1003.2(d) and 1003.23(b)(1), without committing

to any particular outcome for this rulemaking.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 8 CFR 1003.2; 8 CFR 1003.23 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: Not Yet Determined

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 06/00/2014 

NPRM Comment Period End 08/00/2014 

43

Regulations.gov Tuesday, November 26, 2013 Unified Agenda
Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Public Comment URL: www.regulations.gov

Agency Contact: Jeff Rosenblum 

General Counsel

Department of Justice

Executive Office for Immigration Review

Office of the General Counsel, 5107 Leesburg Pike, Suite 2600, Falls Church, VA 22041

Falls Church , VA 22041 

Phone: 703 305-0470

FAX: 703 305-0443

E-Mail: eoir.regs.@usdoj.gov

Department of Justice (DOJ)

Executive Office for Immigration Review ( EOIR ) RIN: 1125-AA75

 View Related Documents

Title: Asylum and Withholding Definitions

Abstract: This rule would provide guidance on a number of issues central to the adjudication of applications for asylum and

withholding of removal. In particular, this rule would clarify the definitions of "particular social group" and "persecution," as well

as the statutory requirement that, to result in asylum eligibility, persecution must be "on account of" a protected ground. This rule

would also make clear that, under certain circumstances, a person who has suffered, or fears suffering, domestic violence can

qualify for asylum or withholding of removal. The Department of Justice began this regulatory initiative in 2000 by publishing a

proposed rule.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

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

Legal Authority: 8 USC 1101; 8 USC 1103; 8 USC 1158; 8 USC 1226; 8 USC 1252; 8 USC 1282; title VII of PL 110-229

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 12/07/2000 65 FR 76588 

NPRM Comment Period End 01/22/2001 

NPRM 06/00/2014 

NPRM Comment Period End 08/00/2014 

Additional Information: The Department of Justice began this regulatory initiative in 2000 by publishing a proposed rule (65 FR

76588).

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Jeff Rosenblum 

General Counsel

Department of Justice

Executive Office for Immigration Review

Office of the General Counsel, 5107 Leesburg Pike, Suite 2600, Falls Church, VA 22041

Falls Church , VA 22041 

Phone: 703 305-0470

FAX: 703 305-0443

E-Mail: eoir.regs.@usdoj.gov

Department of Justice (DOJ)

Executive Office for Immigration Review ( EOIR ) RIN: 1125-AA76

 View Related Documents

Title: Exception to the Persecution Bar for Asylum, Refugee, and Temporary Protected Status, and Withholding of Removal

Abstract: This joint rule proposes amendments to Department of Homeland Security (DHS) and Department of Justice (DOJ)

44

Regulations.gov Tuesday, November 26, 2013 Unified Agenda
regulations to describe the circumstances under which an applicant will continue to be eligible for asylum, refugee, or temporary

protected status, special rule cancellation of removal under the Nicaraguan Adjustment and Central American Relief Act, and

withholding of removal, even if DHS or DOJ has determined that the applicant's actions contributed, in some way, to the

persecution of others. The purpose of this rule is to resolve ambiguity in the statutory language precluding eligibility for asylum,

refugee, and temporary protected status of an applicant who ordered, incited, assisted, or otherwise participated in the

persecution of others. The proposed amendment would provide a limited exception for actions taken by the applicant under

duress and clarify the required levels of the applicant's knowledge of the persecution.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 8 CFR 1; 8 CFR 207; 8 CFR 240; 8 CFR 244; 8 CFR 1001; 8 CFR 1208; 8 CFR 1240 (To search for a specific

CFR, visit the Code of Federal Regulations ) 

Legal Authority: 8 USC 1101; 8 USC 1103; 8 USC 1158; 8 USC 1226; PL 107-26; PL 110-229

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 09/00/2014 

NPRM Comment Period End 11/00/2014 

Additional Information: Joint rule with the Department of Homeland Security (RIN: 1615-AB89)

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Public Comment URL: www.regulations.gov

Related Agencies: Joint : USCIS

Agency Contact: Jeff Rosenblum 

General Counsel

Department of Justice

Executive Office for Immigration Review

Office of the General Counsel, 5107 Leesburg Pike, Suite 2600, Falls Church, VA 22041

Falls Church , VA 22041 

Phone: 703 305-0470

FAX: 703 305-0443

E-Mail: eoir.regs.@usdoj.gov

Department of Justice (DOJ)

Executive Office for Immigration Review ( EOIR ) RIN: 1125-AA44

 View Related Documents

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

Appeals

Abstract: This rule would amend regulations relating to individuals in proceedings before the Executive Office for Immigration

Review. The rule would ensure that the necessary identity, law enforcement, and security investigations are properly initiated

and have been completed by the Department of Homeland Security before immigration judges and the Board of Immigration

Appeals adjudicate certain applications for relief.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

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

Legal Authority: 5 USC 301; 6 USC 521; 8 USC 1101, 1103, 1154, 1155, 1158, 1182, 1226, 1229, 1229a, 1229b, 1229c,

1231, 1252, 1254a, 1255, 1282, 1324d, 1330, 1361, 1362; 28 USC 509, 510, 1746; sec 2 Reorg Plan No 2 of 1950; 3 CFR

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

29, 1531-32; sec 1505 of PL 106-554, 114 Stat 2763A-326 to-328; title VII of PL 110-229

Legal Deadline: None

Timetable:

Action Date FR Cite

Interim Final Rule 01/31/2005 70 FR 4743 

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

Interim Final Rule Effective 04/01/2005 

Interim Final Rule Comment Period End 04/01/2005 

45

Regulations.gov Tuesday, November 26, 2013 Unified Agenda
Interim Final Rule Comment Period End 05/02/2005 

Final Action 06/00/2014 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

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

Agency Contact: Jeff Rosenblum 

General Counsel

Department of Justice

Executive Office for Immigration Review

Office of the General Counsel, 5107 Leesburg Pike, Suite 2600, Falls Church, VA 22041

Falls Church , VA 22041 

Phone: 703 305-0470

FAX: 703 305-0443

E-Mail: eoir.regs.@usdoj.gov

Department of Justice (DOJ)

Executive Office for Immigration Review ( EOIR ) RIN: 1125-AA58

 View Related Documents

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

Decisions as Precedents

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

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

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

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

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

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

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

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

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

regulations relating to precedent decisions of the Board, by authorizing publication of decisions either by a majority of Board

Members on a panel or by a majority of permanent Board Members. With these tools, the Board can better manage its docket,

budget its resources, and balance its competing adjudicatory responsibilities.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

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

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

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

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

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

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

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 06/18/2008 73 FR 34654 

NPRM Comment Period End 08/18/2008 

Final Action 01/00/2014 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

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

Agency Contact: Jeff Rosenblum 

General Counsel

Department of Justice

Executive Office for Immigration Review

Office of the General Counsel, 5107 Leesburg Pike, Suite 2600, Falls Church, VA 22041

Falls Church , VA 22041 

Phone: 703 305-0470

46

Regulations.gov Tuesday, November 26, 2013 Unified Agenda
FAX: 703 305-0443

E-Mail: eoir.regs.@usdoj.gov

Department of Justice (DOJ)

Executive Office for Immigration Review ( EOIR ) RIN: 1125-AA73

 View Related Documents

Title: Procedures for Cases Involving Mentally Incompetent Aliens

Abstract: EOIR intends to propose regulations for handling cases involving aliens in immigration proceedings before EOIR who

present mental competency issues. The proposed regulations will be informed, in part, by the policy announced by EOIR on

April 22, 2013, in which EOIR committed to provide enhanced protections to unrepresented immigration detainees with serious

mental disorders or conditions that may render them mentally incompetent to represent themselves in immigration proceedings.

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

Major: No Unfunded Mandates: No

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

Legal Authority: Not Yet Determined

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

Energy Affected: No

Agency Contact: Jeff Rosenblum 

General Counsel

Department of Justice

Executive Office for Immigration Review

Office of the General Counsel, 5107 Leesburg Pike, Suite 2600, Falls Church, VA 22041

Falls Church , VA 22041 

Phone: 703 305-0470

FAX: 703 305-0443

E-Mail: eoir.regs.@usdoj.gov

Department of Justice (DOJ)

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

 View Related Documents

Title: Implementation of Public Law 105-277 Relating to Secure Gun Storage

Abstract: The Department of Justice is planning to propose to amend the regulations of the Bureau of Alcohol, Tobacco,

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

Supplemental Appropriations Act, 1999. The amendments are with regard to: 1) certification by applicants for dealers' licenses

that secure gun storage or safety devices will be available at any place where firearms are sold to nonlicensed individuals and

2) amended definitions of certain terms, including an amended definition of "antique firearm," to include certain muzzle loading

firearms.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

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

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

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 12/00/2013 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

47

Regulations.gov Tuesday, November 26, 2013 Unified Agenda
Agency Contact: George Fodor 

Regulations Writer

Department of Justice

Bureau of Alcohol, Tobacco, Firearms, and Explosives

99 New York Avenue, NE., Washington, DC 20226

Washington , DC 20226 

Phone: 202 648-7070

Department of Justice (DOJ)

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

 View Related Documents

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

Agents

Abstract: The Department of Justice is planning to propose to amend the regulations of the Bureau of Alcohol, Tobacco,

Firearms, and Explosives (ATF) regarding the reference to The Fertilizer Institute (TFI) guidance document titled "Definition and

Test Procedures for Ammonium Nitrate Fertilizer" that appears as a footnote because it is an obsolete document. In March

2002, TFI filed a petition with ATF requesting that the Federal explosives regulations at 27 CFR 555.220 be amended to remove

the reference to the "Definition and Test Procedures for Ammonium Nitrate Fertilizer." TFI explained that the document is

outdated because TFI last published the guidance document in 1984, TFI will not review or update it, and TFI cannot ensure

that the procedures outlined in the guidance document are still valid.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

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

Legal Authority: 18 USC 847

Legal Deadline: None

Timetable:

Action Date FR Cite

ANPRM 09/16/2010 75 FR 56489 

ANPRM Comment Period End 12/15/2010 

NPRM 12/00/2013 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Denise Brown 

Regulations Writer

Department of Justice

Bureau of Alcohol, Tobacco, Firearms, and Explosives

99 New York Avenue NE., Washington, DC 20226

Washington , DC 20226 

Phone: 202 648-7070

Department of Justice (DOJ)

Bureau of Alcohol, Tobacco, Firearms, and Explosives ( ATF ) RIN: 1140-AA40

 View Related Documents

Title: Rules of Practice in Explosives License and Permit Proceedings

Abstract: The Department of Justice is planning to propose amendments to the regulations of the Bureau of Alcohol, Tobacco,

Firearms, and Explosives governing the procedure and practice for disapproval of applications for explosive licenses or permits

and for the denial of renewal or revocation of such licenses or permits under Federal explosives law. The proposed regulations

would be codified in a new part 771, "Rules of Practice in License and Permit Proceedings." This rulemaking proceeding is

included in the Department of Justice's retrospective review plan developed pursuant to Executive Order 13563, "Improving

Regulation and Regulatory Review."

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 27 CFR 555; 27 CFR 771 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 18 USC 843; 18 USC 847

48

Regulations.gov Tuesday, November 26, 2013 Unified Agenda
Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 03/00/2014 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Denise Brown 

Regulations Writer

Department of Justice

Bureau of Alcohol, Tobacco, Firearms, and Explosives

99 New York Avenue, NE., Washington, DC 20226

Washington , DC 20226 

Phone: 202 648-7070

Department of Justice (DOJ)

Bureau of Alcohol, Tobacco, Firearms, and Explosives ( ATF ) RIN: 1140-AA41

 View Related Documents

Title: Commerce in Firearms and Ammunition--Reporting Theft or Loss of Firearms in Transit

Abstract: The Department of Justice is planning to propose amendments to the regulations of the Bureau of Alcohol, Tobacco,

Firearms, and Explosives (ATF) regarding firearms stolen or lost in transit.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

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

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

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 02/00/2014 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Brenda R. Friend 

Attorney

Department of Justice

Bureau of Alcohol, Tobacco, Firearms, and Explosives

99 New York Avenue, NE., Washington, DC 20226

Washington , DC 20226 

Phone: 202 648-7070

Department of Justice (DOJ)

Bureau of Alcohol, Tobacco, Firearms, and Explosives ( ATF ) RIN: 1140-AA43

 View Related Documents

Title: Machine Guns, Destructive Devices and Certain Other Firearms; Background Checks for Responsible Persons of a

Corporation, Trust, or Other Legal Entity With Respect to Making or Transferring a Firearm

Abstract: The Department of Justice is planning to finalize a proposed rule to amend the regulations of the Bureau of Alcohol,

Tobacco, Firearms, and Explosives (ATF) regarding the making or transferring of a firearm under the National Firearms Act. As

proposed, the rule would (1) add a definition for the term "responsible person"; (2) require each responsible person of a

corporation, trust or legal entity to complete a specified form, and to submit photographs and fingerprints; and (3) modify the

requirements regarding the certificate of the chief law enforcement officer (CLEO).

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

49

Regulations.gov Tuesday, November 26, 2013 Unified Agenda
CFR Citation: 27 CFR 479 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 26 USC 7805

Legal Deadline: None

Regulatory Plan:

Statement of Need: The current firearms regulations permit a corporation, partnership, trust or other legal entity to submit

applications to ATF to acquire firearms registered under the National Firearms Act (NFA) without a responsible person of such

an entity having to meet requirements currently in place for individuals that seek to ensure that prohibited persons do not gain

access to NFA firearms (i.e., undergo a background check, provide a certificate of a CLEO).

Legal Basis: This rulemaking is in response to a petition for rulemaking. No aspect of this rulemaking is required by statute or

court order

Alternatives: The Agency is soliciting public comment on how the application process can be made more efficient and

effective.

Costs and Benefits: Total annual costs are estimated at $14.9 million and encompass costs to legal entities associated with

the application, ATF processing costs, and costs to local and State agencies in providing the CLEO certificate. There will be

public safety benefits as the provisions will enable ATF to ensure that responsible persons within legal entities are not

prohibited from possessing NFA firearms under Federal, State, or local law

Risks: This proposed rule may prevent a prohibited person, who is a responsible person in a legal entity, from obtaining an

NFA firearm and using it to commit a violent crime.

Timetable:

Action Date FR Cite

NPRM 09/09/2013 78 FR 55014 

NPRM Comment Period End 12/09/2013 

Final Action 06/00/2014 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Agency Contact: Brenda R. Friend 

Attorney

Department of Justice

Bureau of Alcohol, Tobacco, Firearms, and Explosives

99 New York Avenue, NE., Washington, DC 20226

Washington , DC 20226 

Phone: 202 648-7070

Department of Justice (DOJ)

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

 View Related Documents

Title: Implementation of the Safe Explosives Act

Abstract: The Department of Justice will be finalizing interim regulations of the Bureau of Alcohol, Tobacco, Firearms, and

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

within 24 hours of discovery.

50

Regulations.gov Tuesday, November 26, 2013 Unified Agenda
Priority: Other Significant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

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

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

Legal Deadline: None

Timetable:

Action Date FR Cite

Interim Final Rule 03/20/2003 68 FR 13768 

Interim Final Rule Comment Period End 06/18/2003 

Interim Final Rule 09/11/2003 68 FR 53509 

Interim Final Rule Effective 09/11/2003 

Interim Final Rule Comment Period End 10/14/2003 

Final Action 12/00/2013 

Additional Information: The rulemaking previously reported under RIN 1140-AA20 has been merged into this rulemaking.

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

Energy Affected: No

Agency Contact: Brenda R. Friend 

Attorney

Department of Justice

Bureau of Alcohol, Tobacco, Firearms, and Explosives

99 New York Avenue, NE., Washington, DC 20226

Washington , DC 20226 

Phone: 202 648-7070

Department of Justice (DOJ)

Bureau of Alcohol, Tobacco, Firearms, and Explosives ( ATF ) RIN: 1140-AA04

 View Related Documents

Title: Commerce in Firearms and Ammunition (Omnibus Consolidated Appropriations Act of 1997)

Abstract: The Omnibus Consolidated Appropriations Act of 1997 contained amendments to the Gun Control Act of 1968

(GCA). The Act amended the GCA to make it unlawful for any person convicted of a "misdemeanor crime of domestic violence"

to ship, transport, possess, or receive in or affecting commerce firearms or ammunition. It also amended the GCA to make it

unlawful for any person to sell or otherwise dispose of a firearm or ammunition to any person knowing or having reasonable

cause to believe that the recipient has been convicted of such a misdemeanor. The Act also amended the GCA to provide for

sales between Federal firearms licensees of curio and relic firearms away from their licensed premises.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

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

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

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 06/30/1998 63 FR 35551 

Interim Final Rule 06/30/1998 63 FR 35520 

NPRM Comment Period End 09/28/1998 

Final Action 07/00/2014 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

Agency Contact: Brenda R. Friend 

Attorney

Department of Justice

Bureau of Alcohol, Tobacco, Firearms, and Explosives

99 New York Avenue, NE., Washington, DC 20226

Washington , DC 20226 

Phone: 202 648-7070

51

Regulations.gov Tuesday, November 26, 2013 Unified Agenda
Department of Justice (DOJ) 

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

 View Related Documents

Title: Residency Requirement for Persons Acquiring Firearms

Abstract: This rule finalizes the interim regulations that require a firearms purchaser's affirmative statement of his or her State

of residence on ATF Form 4473 (Firearms Transaction Record) when acquiring a firearm from a Federal firearms licensee.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

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

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

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 04/21/1997 62 FR 19446 

Interim Final Rule 04/21/1997 62 FR 19442 

NPRM Comment Period End 07/21/1997 

Interim Final Rule Comment Period End 07/21/1997 

Final Action 12/00/2013 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

Related RINs: Related to 1140-AA44

Agency Contact: Brenda R. Friend 

Attorney

Department of Justice

Bureau of Alcohol, Tobacco, Firearms, and Explosives

99 New York Avenue, NE., Washington, DC 20226

Washington , DC 20226 

Phone: 202 648-7070

Department of Justice (DOJ)

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

 View Related Documents

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

to Firearms Disabilities for Nonimmigrant Aliens

Abstract: This rule would finalize an interim final rule issued in February 2002 under Public Law 105-277, Making Omnibus

Consolidated and Emergency Supplemental Appropriations for fiscal year 1999. The rule would address the statutory prohibition,

with certain exceptions, on the transfer to and possession of firearms by aliens admitted to the United States under a

nonimmigrant visa.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

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

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

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 02/05/2002 67 FR 5428 

Interim Final Rule 02/05/2002 67 FR 5422 

NPRM Comment Period End 05/06/2002 

Final Action 06/07/2012 77 FR 33625 

Final Action Effective 07/09/2012 

Final Action on Alien Residency 01/00/2014 

52

Regulations.gov Tuesday, November 26, 2013 Unified Agenda
Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Agency Contact: Brenda R. Friend 

Attorney

Department of Justice

Bureau of Alcohol, Tobacco, Firearms, and Explosives

99 New York Avenue, NE., Washington, DC 20226

Washington , DC 20226 

Phone: 202 648-7070

Department of Justice (DOJ)

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

 View Related Documents

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

Cigarettes or Smokeless Tobacco

Abstract: The Department of Justice is proposing to amend the regulations of the Bureau of Alcohol, Tobacco, Firearms, and

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

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

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

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 27 CFR 646 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 18 USC 2341 to 2346

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 07/28/2010 75 FR 44173 

NPRM Comment Period End 10/26/2010 

Final Action 03/00/2014 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: George Fodor 

Regulations Writer

Department of Justice

Bureau of Alcohol, Tobacco, Firearms, and Explosives

99 New York Avenue, NE., Washington, DC 20226

Washington , DC 20226 

Phone: 202 648-7070

Department of Justice (DOJ)

Bureau of Alcohol, Tobacco, Firearms, and Explosives ( ATF ) RIN: 1140-AA34

 View Related Documents

Title: Elimination of Firearms Transaction Record, ATF Form 4473 (Low Volume)

Abstract: This rule would finalize a proposed rule to amend the regulations of the Bureau of Alcohol, Tobacco, Firearms, and

Explosives (ATF) by eliminating the Firearms Transaction Record, ATF Form 4473 (Low Volume (LV)), parts I and II. These

forms may be used by federally licensed firearms dealers as an alternate record for the receipt and disposition of firearms.

Because licensees rarely use Forms 4473 (LV), ATF has determined that continued use of these forms is unwarranted and they

should be eliminated.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

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

Legal Authority: 5 USC 522(a); 18 USC 847; 18 USC 921 to 931; 44 USC 3504(h)

Legal Deadline: None

53

Regulations.gov Tuesday, November 26, 2013 Unified Agenda
Timetable:

Action Date FR Cite

NPRM 08/05/2010 75 FR 47254 

NPRM Comment Period End 11/03/2010 

Final Action 02/00/2014 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Agency Contact: Denise Brown 

Regulations Writer

Department of Justice

Bureau of Alcohol, Tobacco, Firearms, and Explosives

99 New York Avenue, NE., Washington, DC 20226

Washington , DC 20226 

Phone: 202 648-7070

Department of Justice (DOJ)

Bureau of Alcohol, Tobacco, Firearms, and Explosives ( ATF ) RIN: 1140-AA38

 View Related Documents

Title: Federal Firearms License Proceedings--Hearings

Abstract: This rule would amend the regulations of the Bureau of Alcohol, Tobacco, Firearms, and Explosives regarding

administrative hearings held as part of firearms license proceedings to ensure that Federal firearms licensees and persons

applying for a federal Firearms license are familiar with the hearing process relative to the denial or revocation of a firearms

license or, when authorized, the suspension of such a license or imposition of a civil fine.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

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

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

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 02/03/2012 77 FR 5460 

NPRM Comment Period End 05/03/2012 

Final Action 03/00/2014 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Shermaine Kenner 

Regulations Writer

Department of Justice

Bureau of Alcohol, Tobacco, Firearms, and Explosives

99 New York Avenue, NE, Washington, DC 20226

Washington , DC 20226 

Phone: 202 648-7070

E-Mail: shermaine.kenner@usdoj.gov

Department of Justice (DOJ)

Bureau of Alcohol, Tobacco, Firearms, and Explosives ( ATF ) RIN: 1140-AA42

 View Related Documents

Title: Importation of Arms, Ammunition and Implements of War and Machine Guns, Destructive Devices, and Certain Other

Firearms; Extending the Term of Import Permits

Abstract: This rulemaking is included in the Department of Justice's retrospective review plan developed pursuant to Executive

Order 13563, "Improving Regulation and Regulatory Review." This rule would amend the regulations of the Bureau of Alcohol,

Tobacco, Firearms, and Explosives (ATF) to extend the term of import permits for firearms, ammunition, and defense articles

from 1 year to 2 years. The additional time will allow importers sufficient time to complete the importation of the authorized

commodity. In addition, it will eliminate the need for the importer to submit a new import application, ATF Form 6, because the

54

Regulations.gov Tuesday, November 26, 2013 Unified Agenda
importation was not completed within the 1-year period. Extending the term of import permits will also result in a substantial cost

and time savings for both the industry and ATF.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 27 CFR 447; 27 CFR 479 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 22 USC 2778; 26 USC 7805

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 02/06/2012 77 FR 5735 

NPRM Comment Period End 05/07/2012 

Final Action 11/00/2013 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Denise Brown 

Regulations Writer

Department of Justice

Bureau of Alcohol, Tobacco, Firearms, and Explosives

99 New York Avenue NE., Washington, DC 20226

Washington , DC 20226 

Phone: 202 648-7070

Department of Justice (DOJ)

Bureau of Alcohol, Tobacco, Firearms, and Explosives ( ATF ) RIN: 1140-AA44

 View Related Documents

Title: Residency Requirements for Aliens Acquiring Firearms

Abstract: This rule would finalize the interim final rule published on June 7, 2012 by removing the 90-day State residency

requirement for aliens lawfully present in the United States to purchase or acquire a firearm. The Department has determined

that the Gun Control Act does not permit ATF to impose a regulatory requirement that aliens lawfully present in the United

States are subject to a 90-day State residency requirement when such a requirement is not applicable to U.S. citizens.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

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

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

Legal Deadline: None

Timetable:

Action Date FR Cite

Interim Final Rule 06/07/2012 77 FR 33630 

Interim Final Rule Effective 07/09/2012 

Interim Final Rule Comment Period End 09/05/2012 

Final Action 12/00/2013 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Related RINs: Related to 1140-AA05

Agency Contact: Brenda R. Friend 

Attorney

Department of Justice

Bureau of Alcohol, Tobacco, Firearms, and Explosives

99 New York Avenue, NE., Washington, DC 20226

Washington , DC 20226 

Phone: 202 648-7070

Department of Justice (DOJ) 

55

Regulations.gov Tuesday, November 26, 2013 Unified Agenda
Bureau of Alcohol, Tobacco, Firearms, and Explosives ( ATF ) RIN: 1140-AA45

 View Related Documents

Title: Importation of Arms, Ammunition, and Implements of War--Removal of Certain Defense Articles on the U.S. Munitions

Import List

Abstract: The Department of Justice is amending Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) regulations to

remove those defense articles and defense services currently enumerated on the U.S. Munitions Import List that the President

has determined no longer warrant import control under the Arms Export Control Act.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 27 CFR 447 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 22 USC 2778

Legal Deadline: None

Timetable:

Action Date FR Cite

Interim Final Rule 12/00/2013 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Agency Contact: George Fodor 

Regulations Writer

Department of Justice

Bureau of Alcohol, Tobacco, Firearms, and Explosives

99 New York Avenue, NE., Washington, DC 20226

Washington , DC 20226 

Phone: 202 648-7070

Department of Justice (DOJ)

Bureau of Alcohol, Tobacco, Firearms, and Explosives ( ATF ) RIN: 1140-AA23

 View Related Documents

Title: Machine Guns, Destructive Devices, and Certain Other Firearms--Amended Definition of "Pistol"

Abstract: This rule would propose to amend the regulations relating to machine guns, destructive devices, and certain other

firearms regulated under the National Firearms Act (NFA) for the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF)

to clarify the definition of the term "pistol" and to define more clearly exceptions to the "pistol" definition.

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

Major: No Unfunded Mandates: No

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

Legal Authority: 26 USC 7805

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 04/07/2005 70 FR 17624 

NPRM Comment Period End 05/09/2005 

NPRM 12/00/2014 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Brenda R. Friend 

Attorney

Department of Justice

Bureau of Alcohol, Tobacco, Firearms, and Explosives

99 New York Avenue, NE., Washington, DC 20226

Washington , DC 20226 

Phone: 202 648-7070

56

Regulations.gov Tuesday, November 26, 2013 Unified Agenda
Department of Justice (DOJ) 

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

 View Related Documents

Title: Identification Markings Placed on Firearm Silencers and Firearm Mufflers

Abstract: The Department of Justice is planning to propose to amend the regulations of the Bureau of Alcohol, Tobacco,

Firearms, and Explosives to require licensed manufacturers and licensed importers to place identification markings on the outer

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

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

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

Major: No Unfunded Mandates: No

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

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

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 11/00/2014 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Agency Contact: Shermaine Kenner 

Regulations Writer

Department of Justice

Bureau of Alcohol, Tobacco, Firearms, and Explosives

99 New York Avenue, NE., Washington, DC 20226

Washington , DC 20226 

Phone: 202 648-7070

Department of Justice (DOJ)

Bureau of Alcohol, Tobacco, Firearms, and Explosives ( ATF ) RIN: 1140-AA36

 View Related Documents

Title: Commerce in Explosives--Relief From Disabilities

Abstract: The Department of Justice is planning to propose to amend the regulations of the Bureau of Alcohol, Tobacco,

Firearms and Explosives (ATF) to address granting relief from disabilities to persons currently on parole or probation.

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

Major: No Unfunded Mandates: No

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

Legal Authority: 18 USC 847

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 05/00/2015 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Shermaine Kenner 

Regulations Writer

Department of Justice

Bureau of Alcohol, Tobacco, Firearms, and Explosives

99 New York Avenue, NE., Washington, DC 20226

Washington , DC 20226 

Phone: 202 648-7070

57

Regulations.gov Tuesday, November 26, 2013 Unified Agenda
Department of Justice (DOJ) 

Civil Rights Division ( CRT ) RIN: 1190-AA59

 View Related Documents

Title: Implementation of the ADA Amendments Act of 2008 (Title II and Title III of the ADA)

Abstract: This rule would propose to amend the Department's regulations implementing title II and title III of the Americans

with Disabilities Act (ADA), 28 CFR part 35 and 28 CFR part 36, to implement changes to the ADA enacted in the ADA

Amendments Act of 2008, Public Law 110-325, 122 Stat. 3553 (Sept. 25, 2008). The ADA Amendments Act took effect on

January 1, 2009. The ADA Amendments Act amended the Americans with Disabilities Act, 42 U.S.C. 12101, et seq., to clarify

terms within the definition of disability and to establish standards that must be applied to determine if a person has a covered

disability. These changes are intended to mitigate the effects of the Supreme Court's decisions in Sutton v. United Airlines, 527

U.S. 471 (1999), and Toyota Motor Manufacturing v. Williams, 534, U.S. 184 (2002). Specifically, the ADA Amendments Act (1)

adds illustrative lists of "major life activities," including "major bodily functions," that provide more examples of covered activities

and covered conditions than are now contained in agency regulations (sec. 3[2]); (2) clarifies that a person who is "regarded as"

having a disability does not have to be regarded as being substantially limited in a major life activity (sec. 3[3]); and (3) adds

rules of construction regarding the definition of disability that provide guidance in applying the term "substantially limits" and

prohibit consideration of mitigating measures in determining whether a person has a disability (sec. 3[4]).

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 28 CFR 35; 28 CFR 36 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: PL 110-325; 42 USC 12134(a); 42 USC 12186(b)

Legal Deadline: None

Regulatory Plan:

Statement of Need: This rule is necessary to bring the Department's ADA regulations into compliance with the ADA

Amendments Act of 2008, which became effective on January 1, 2009. In addition, this rule is necessary to make the

Department's ADA title II and title III regulations consistent with the ADA title I regulations issued on March 25, 2011 by the

Equal Employment Opportunity Commission (EEOC) incorporating the ADA Amendments Act definition of disability.

Legal Basis: The summary of the legal basis of authority for this regulation is set forth above in the abstract.

Alternatives: In order to ensure consistency in application of the ADA Amendments Act across titles I, II and III of the ADA,

this rule is intended to be consistent with the language of the EEOC's rule implementing the ADA Amendments Act with respect

to title I of the ADA (employment). The Department will, however, consider alternative regulatory language suggested by

commenters so long as it maintains that consistency.

Costs and Benefits: The Department's preliminary analysis indicates that the proposed rule would not be "economically

significant," that is, the rule will not have an annual effect on the economy of $100 million, or adversely affect in a material way

the economy, a sector of the economy, the environment, public health or safety or State, local or tribal governments or

communities. According to the Department's preliminary analysis, it is anticipated that the rule will cost between $36.32 million

and $61.8 million in the first year (the year with the highest costs). The Department estimates that in the first year of the

implementation of the proposed rule, approximately 142,000 students will take advantage of additional testing accommodations

than otherwise would have been able to without the changes made to the definition of disability to conform to the ADA

Amendments Act. The Department believes that this will result in benefits for many of these individuals in the form of

significantly higher earnings potential. The Department expects that the rule will also have significant non-quantifiable benefits

to persons with newly covered disabilities in other contexts, such as benefits of non-exclusion from the programs, services and

activities of state and local governments and public accommodations, and the benefits of access to reasonable modifications of

policies, practices and procedures to meet their needs in a variety of contexts. In this NPRM, the Department will be soliciting

public comment in response to its preliminary analysis.

Risks: The ADA authorizes the Attorney General to enforce the ADA and to promulgate regulations implementing the law's

requirements. Failure to update the Department's regulations to conform to statutory changes and to be consistent with the

EEOC regulations under title I of the ADA will interfere with the Department's enforcement efforts and lead to confusion about

the law's requirements among entities covered by titles I, II and III of the ADA, as well as members of the public.

Timetable:

Action Date FR Cite

NPRM 11/00/2013 

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

Small Entities Affected: Business; Governmental Jurisdictions Federalism: No

Energy Affected: No

Agency Contact: Rebecca B. Bond 

Chief

Department of Justice

Civil Rights Division

58

Regulations.gov Tuesday, November 26, 2013 Unified Agenda
Disability Rights Section, 950 Pennsylvania Ave, NW., Washington, DC 20530

Washington , DC 20530 

Phone: 800 514-0301

Department of Justice (DOJ)

Civil Rights Division ( CRT ) RIN: 1190-AA60

 View Related Documents

Title: Implementation of the ADA Amendments Act of 2008 (Section 504 of the Rehabilitation Act of 1973)

Abstract: This rule would propose to amend the Department's regulations implementing section 504 of the Rehabilitation Act of

1973, as amended, 28 CFR part 39 and part 42, subpart G, and its regulation implementing Executive Order 12250, 28 CFR

part 41, to reflect statutory amendments to the definition of disability applicable to section 504 of the Rehabilitation Act, which

were enacted in the ADA Amendments Act of 2008, Public Law 110-325, 122 Stat. 3553 (Sep. 25, 2008). The ADA

Amendments Act took effect on January 1, 2009. The ADA Amendments Act revised 29 U.S.C. section 705, to make the

definition of disability used in the nondiscrimination provisions in title V of the Rehabilitation Act consistent with the amended

ADA requirements. These amendments (1) add illustrative lists of "major life activities," including "major bodily functions," that

provide more examples of covered activities and covered conditions than are now contained in agency regulations (sec. 3[2]);

(2) clarify that a person who is "regarded as" having a disability does not have to be regarded as being substantially limited in a

major life activity (sec. 3[3]); and (3) add rules of construction regarding the definition of disability that provide guidance in

applying the term "substantially limits" and prohibit consideration of mitigating measures in determining whether a person has a

disability (sec. 3[4]). The Department anticipates that these changes will be published for comment in a proposed rule within the

next 12 months. During the drafting of these revisions, the Department will also review the currently published rules to ensure

that any other legal requirements under the Rehabilitation Act have been properly addressed in these regulations.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 28 CFR 39; 28 CFR 41; 28 CFR 42, subpart G (To search for a specific CFR, visit the Code of Federal

Regulations ) 

Legal Authority: PL 110-325; 29 USC 794 (sec 504 of the Rehabilitation Act of 1973, as amended); EO 12250 (45 FR 72955;

11/04/1980)

Legal Deadline: None

Regulatory Plan:

Statement of Need: This rule is necessary to bring the Department's prior section 504 regulations into compliance with the

ADA Amendments Act of 2008, which became effective on January 1, 2009.

Legal Basis: The summary of the legal basis of authority for this regulation is set forth above in the abstract.

Alternatives: Because this NPRM implements statutory changes to the Section 504 definition of disability, there are no

appropriate alternatives to issuing this NPRM.

Costs and Benefits: The Department's preliminary assessment in this early stage of the rulemaking process is that this rule

will not be "economically significant," that is, that the rule will not have an annual effect on the economy of $100 million, or

adversely affect in a material way the economy, a sector of the economy, the environment, public health or safety or State, local

or tribal Governments or communities. The Department's Section 504 rule will incorporate the same changes made by the ADA

Amendments Act to the definition of disability as are included in the proposed changes to the ADA title II and title III rules

(1190-AA59), which will be published in the Federal Register in the near future. Therefore, we do not believe that the revisions

to the Department's existing Section 504 federally assisted regulations will have any additional economic impact, because

public and private entities that receive federal financial assistance from the Department are also likely to be subject to titles II or

III of the ADA. The Department expects to consider further the economic impact of the proposed rule on the Department's

existing Section 504 federally conducted regulations, but anticipates that the rule will not be economically significant within the

meaning of Executive Order 12866. This is because the revisions to these regulations will only apply to the Department's

programs and activities and how those programs and activities are operated so as to ensure compliance with the

nondiscrimination requirements of Section 504. In the NPRM, the Department will be soliciting public comment in response to

its initial assessment of the impact of the proposed rule.

Risks: Failure to update the Department's Section 504 regulations to conform to statutory changes will interfere with the

Department's enforcement efforts and lead to confusion about the law's requirements among entities that receive Federal

financial assistance from the Department or who participate in its federally conducted programs.

Timetable:

Action Date FR Cite

NPRM 09/00/2014 

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

59

Regulations.gov Tuesday, November 26, 2013 Unified Agenda
Small Entities Affected: Business; Governmental Jurisdictions Federalism: Undetermined

Energy Affected: No

Agency Contact: Rebecca B. Bond 

Chief

Department of Justice

Civil Rights Division

Disability Rights Section, 950 Pennsylvania Ave, NW., Washington, DC 20530

Washington , DC 20530 

Phone: 800 514-0301

Department of Justice (DOJ)

Civil Rights Division ( CRT ) RIN: 1190-AA61

 View Related Documents

Title: Nondiscrimination on the Basis of Disability; Accessibility of Web Information and Services of Public Accommodations

Abstract: The Department of Justice is considering proposed revisions to the regulation implementing title III of the Americans

with Disabilities Act (ADA) in order to address the obligations of public accommodations to make goods, services, facilities,

privileges, accommodations, or advantages they offer via the Internet, specifically at sites on the World Wide Web (Web),

accessible to individuals with disabilities. The ADA requires that public accommodations provide individuals with disabilities with

full and equal enjoyment of their goods, services, facilities, privileges, advantages, and accommodations. 42. U.S.C. 12182. The

Internet as it is known today did not exist when Congress enacted the ADA. Today the Internet, most notably the sites on the

Web, plays a critical role in the daily personal, professional, and business life of most Americans. Increasingly, private entities of

all types are providing goods and services to the public through websites that operate as places of public accommodation under

title III of the ADA. Many websites of public accommodations, however, render use by individuals with disabilities difficult or

impossible due to barriers posed by websites designed without accessible features. Being unable to access websites puts

individuals with disabilities at a great disadvantage in today's society, which is driven by a global marketplace and

unprecedented access to information. On the economic front, electronic commerce, or "e-commerce," often offers consumers a

wider selection and lower prices than traditional "brick-and-mortar" storefronts, with the added convenience of not having to

leave one's home to obtain goods and services. Beyond goods and services, information available on the Internet has become a

gateway to education. Schools at all levels are increasingly offering programs and classroom instruction through websites. Many

colleges and universities offer degree programs online; some universities exist exclusively on the Internet. The Internet also is

changing the way individuals socialize and seek entertainment. Social networks and other online meeting places provide a

unique way for individuals to meet and fraternize. These networks allow individuals to meet others with similar interests and

connect with friends, business colleagues, elected officials, and businesses. They also provide an effective networking

opportunity for entrepreneurs, artists, and others seeking to put their skills and talents to use. Websites also bring a myriad of

entertainment and information options for internet users-from games and music to news and videos. The ADA's promise to

provide an equal opportunity for individuals with disabilities to participate in and benefit from all aspects of American civic and

economic life will be achieved in today's technologically advanced society only if it is clear to businesses, educators, and other

public accommodations, that their websites must be accessible. Consequently, the Department is proposing to amend its title III

regulation to expressly address the obligations of public accommodations to make the websites they use to provide their goods

and services to the public accessible to and usable by individuals with disabilities under the legal framework established by the

ADA. The proposed regulation will propose the scope of the obligation to provide accessibility when persons with disabilities

attempt to access websites of public accommodations, as well as propose the technical standards necessary to comply with the

ADA.

Priority: Economically Significant Agenda Stage of Rulemaking: Proposed Rule

Major: Yes Unfunded Mandates: No

CFR Citation: 28 CFR 36 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 42 USC 12101, et seq

Legal Deadline: None

Regulatory Plan:

Statement of Need: Many people with disabilities use "assistive technology" to enable them to use computers and access the

Internet. Individuals who are blind or have low vision who cannot see computer monitors may use screen readers-devices that

speak the text that would normally appear on a monitor. People who have difficulty using a computer mouse can use voice

recognition software to control their computers with verbal commands. People with other types of disabilities may use still other

kinds of assistive technology. New and innovative assistive technologies are being introduced every day. Websites that do not

accommodate assistive technology, for example, can create unnecessary barriers for people with disabilities, just as buildings

not designed to accommodate individuals with disabilities can prevent some individuals from entering and accessing services.

Web designers may not realize how simple features built into a website will assist someone who, for instance, cannot see a

computer monitor or use a mouse. In addition, in many cases, these websites do not provide captioning for videos or live events

streamed over the web, leaving persons who are deaf or hard of hearing unable to access the information that is being

provided Although the Department has been clear that the ADA applies to websites of private entities that meet the definition of

"public accommodations," inconsistent court decisions, differing standards for determining web accessibility, and repeated calls

for Department action indicate remaining uncertainty regarding the applicability of the ADA to websites of entities covered by

60

Regulations.gov Tuesday, November 26, 2013 Unified Agenda
title III. For these reasons, the Department plans to propose amendments to its regulation so as to make clear to entities

covered by the ADA their obligations to make their websites accessible. Despite the need for action, the Department

appreciates the need to move forward deliberatively. Any regulations the Department adopts must provide specific guidance to

help ensure web access to individuals with disabilities without hampering innovation and technological advancement on the

Web.

Legal Basis: The ADA requires that public accommodations provide individuals with disabilities with full and equal enjoyment

of their goods, services, facilities, privileges, advantages, and accommodations. 42. U.S.C. 12182. Increasingly, private entities

of all types are providing goods and services to the public through websites that operate as places of public accommodation

under title III of the ADA.

Alternatives: The Department intends to consider various alternatives for ensuring full access to websites of public

accommodations, including alternative implementation schedules and technical requirements applicable to certain Web features

or based on a covered entity's size. The Department will solicit public comment addressing its proposed alternatives.

Costs and Benefits: The Department anticipates that this rule will be "economically significant." The Department believes that

revising its title III rule to clarify the obligations of public accommodations to provide accessible websites will significantly

increase the opportunities of individuals with disabilities to access the variety of goods and services public accommodations

offer on the web, while increasing the number of customers that access the websites to procure the goods and services offered

by these public accommodations. In drafting this NPRM, the Department will attempt to minimize the compliance costs to public

accommodations, while ensuring the benefits of compliance to persons with disabilities. At this stage in the process, the

Department is not yet able to provide a preliminary estimate of costs and benefits .

Risks: If the Department does not revise its ADA title III regulations to address website accessibility, persons with disabilities

will continue to be unable to access the many goods and services of public accommodations available on the web to

individuals without disabilities.

Timetable:

Action Date FR Cite

ANPRM 07/26/2010 75 FR 43460 

ANPRM Comment Period End 01/24/2011 

NPRM 04/00/2014 

Additional Information: See also RIN 1190-AA65 which was split from this RIN of 1190-AA61.

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: No

Small Entities Affected: Business Federalism: No

Energy Affected: No

Agency Contact: Rebecca B. Bond 

Chief

Department of Justice

Civil Rights Division

Disability Rights Section, 950 Pennsylvania Ave, NW., Washington, DC 20530

Washington , DC 20530 

Phone: 800 514-0301

Department of Justice (DOJ)

Civil Rights Division ( CRT ) RIN: 1190-AA63

 View Related Documents

Title: Nondiscrimination on the Basis of Disability; Movie Captioning and Audio Description

Abstract: Following its advance notice of proposed rulemaking published on July 26, 2010, the Department plans to publish a

proposed rule addressing the requirements for captioning and video description of movies exhibited in movie theatres under title

III of the Americans with Disabilities Act of 1990 (ADA). Title III prohibits discrimination on the basis of disability in the activities

of places of public accommodation (private entities whose operations affect commerce and that fall into one of twelve categories

listed in the ADA). 42 U.S.C. 12181-12189. Title III makes it unlawful for places of public accommodation, such as movie

theaters, to discriminate against individuals with disabilities in the full and equal enjoyment of the goods, services, facilities,

privileges, advantages, or accommodations of a place of public accommodation (42 U.S.C. 12182[a]). Moreover, title III prohibits

places of public accommodation from affording an unequal or lesser service to individuals or classes of individuals with

disabilities than is offered to other individuals (42 U.S.C. 12182(b)(1)(A)(ii)). Title III requires places of public accommodation to

take "such steps as may be necessary to ensure that no individual with a disability is excluded, denied services, segregated or

otherwise treated differently because of the absence of auxiliary aids and services, such as captioning and video description,

unless the entity can demonstrate that taking such steps would fundamentally alter the nature of the good, service, facility,

privilege, advantage, or accommodation being offered or would result in an undue burden," (42 U.S.C. 12182(b)(2)(A)(iii)).

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

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Major: No Unfunded Mandates: No

CFR Citation: 28 CFR 36 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 42 USC 12101, et seq

Legal Deadline: None

Regulatory Plan:

Statement of Need: A significant-and increasing-proportion of Americans have hearing or vision disabilities that prevent them

from fully and effectively understanding movies without captioning or audio description. For persons with hearing and vision

disabilities, the unavailability of captioned or audio-described movies inhibits their ability to socialize and fully take part in family

outings and deprives them of the opportunity to meaningfully participate in an important aspect of American culture. Many

individuals with hearing or vision disabilities who commented on the Department's 2010 ANPRM remarked that they have not

been able to enjoy a commercial movie unless they watched it on TV, or that when they took their children to the movies they

could not understand what they were seeing or discuss what was happening with their children. Today, more and more movies

are produced with captions and audio description. However, despite the underlying ADA obligation, the advancement of digital

technology and the availability of captioned and audio-described films, many movie theaters are still not exhibiting captioned or

audio-described movies, and when they do exhibit them, they are only for a few showings of a movie, and usually at off-times.

Recently, a number of theater companies have committed to provide greater availability of captioning and audio description. In

some cases, these have been nationwide commitments; in other cases it has only been in a particular state or locality. A

uniform Federal ADA requirement for captioning and audio description is necessary to ensure that access to movies for persons

with hearing and vision disabilities is not dictated by the individual's residence or the presence of litigation in their locality. In

addition, the movie theater industry is in the process of converting its movie screens to use digital technology, and the

Department believes that it will be extremely helpful to provide timely guidance on the ADA requirements for captioning and

audio description so that the industry may factor this into its conversion efforts and minimize costs.

Legal Basis: The summary of the legal basis of authority for this regulation is set forth above in the abstract.

Alternatives: The Department will consider any public comments that propose achievable alternatives that will still accomplish

the goal of providing access to movies for persons with hearing and vision disabilities. However, the Department believes that

the baseline alternative of not providing such access would be inconsistent with the provisions of title III of the ADA.

Costs and Benefits: The Department's preliminary analysis indicates that the proposed rule would not be "economically

significant," that is, that the rule will not have an annual effect on the economy of $100 million, or adversely affect in a material

way the economy, a sector of the economy, the environment, public health or safety or State, local or tribal governments or

communities. In the NPRM, the Department will be soliciting public comment in response to its preliminary analysis regarding

the costs imposed by the rule.

Risks: Without the proposed changes to the Department's title III regulation, persons with hearing and vision disabilities will

continue to be denied access to movies shown in movie theaters and movie theater owners and operators will not understand

what they are required to do in order to provide auxiliary aids and services to patrons with hearing and vision disabilities.

Timetable:

Action Date FR Cite

ANPRM 07/26/2010 75 FR 43467 

ANPRM Comment Period End 01/24/2011 

NPRM 12/00/2013 

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: No

Small Entities Affected: Business Federalism: No

Energy Affected: No

Agency Contact: Rebecca B. Bond 

Chief

Department of Justice

Civil Rights Division

Disability Rights Section, 950 Pennsylvania Ave, NW., Washington, DC 20530

Washington , DC 20530 

Phone: 800 514-0301

Department of Justice (DOJ)

Civil Rights Division ( CRT ) RIN: 1190-AA65

 View Related Documents

Title: Nondiscrimination on the Basis of Disability: Accessibility of Web Information and Services of State and Local

Governments

Abstract: The Department published an ANPRM on July 26, 2010, RIN 1190-AA61, that addressed issues relating to proposed

revisions of both the title II and title III ADA regulations in order to provide guidance on the obligations of covered entities to

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make programs, services and activities offered over the Web accessible to individuals with disabilities. The Department has now

divided the rulemakings in the next step of the rulemaking process so as to proceed with separate notices of proposed

rulemakings for title II and title III. The title III rulemaking on Web accessibility will continue under RIN 1190-AA61 and the title II

rulemaking will continue under the new RIN 1190-AA65. This rulemaking will provide specific guidance to State and local

governments in order to make services, programs, or activities offered to the public via the Web accessible to individuals with

disabilities. The ADA requires that State and local governments provide qualified individuals with disabilities equal access to their

programs, services, or activities unless doing so would fundamentally alter the nature of their programs, services, or activities or

would impose an undue burden. 42. U.S.C. 12132. The Internet as it is known today did not exist when Congress enacted the

ADA; yet today the Internet is dramatically changing the way that governmental entities serve the public. Taking advantage of

new technology, citizens can now use State and local government websites to correspond online with local officials; obtain

information about government services; renew library books or driver's licenses; pay fines; register to vote; obtain tax information

and file tax returns; apply for jobs or benefits; and complete numerous other civic tasks. These Government websites are

important because they allow programs and services to be offered in a more dynamic, interactive way in order to increase

citizen participation; increase convenience and speed in obtaining information or services; reduce costs in providing information

about Government services and administering programs; reduce the amount of paperwork; and expand the possibilities of

reaching new sectors of the community or offering new programs or services. Many States and localities have begun to improve

the accessibility of portions of their websites. However, full compliance with the ADA's promise to provide an equal opportunity

for individuals with disabilities to participate in and benefit from all aspects of the programs, services, and activities provided by

State and local Governments in today's technologically advanced society will only occur if it is clear to public entities that their

websites must be accessible. Consequently, the Department intends to publish a Notice of Proposed Rulemaking (NPRM) to

amend its title II regulations to expressly address the obligations of public entities to make the websites they use to provide

programs, activities, or services or information to the public accessible to and usable by individuals with disabilities under the

legal framework established by the ADA. The proposed regulation will propose the scope of the obligation to provide

accessibility when persons with disabilities access public websites, as well as propose the technical standards necessary to

comply with the ADA.

Priority: Economically Significant Agenda Stage of Rulemaking: Proposed Rule

Major: Undetermined Unfunded Mandates: No

CFR Citation: 28 CFR 35 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 42 USC 12101 et seq

Legal Deadline: None

Regulatory Plan:

Statement of Need: Many people with disabilities use "assistive technology" to enable them to use computers and access the

Internet. Individuals who are blind or have low vision who cannot see computer monitors may use screen readers--devices that

speak the text that would normally appear on a monitor. People who have difficulty using a computer mouse can use voice

recognition software to control their computers with verbal commands. People with other types of disabilities may use still other

kinds of assistive technology. New and innovative assistive technologies are being introduced every day. Websites that do not

accommodate assistive technology, for example, can create unnecessary barriers for people with disabilities, just as buildings

not designed to accommodate people with disabilities prevent some individuals from entering and accessing services. Web

designers may not realize how simple features built into a website will assist someone who, for instance, cannot see a

computer monitor or use a mouse. In addition, in many cases, these websites do not provide captioning for videos or live events

streamed over the web, leaving persons who are deaf or hard of hearing unable to access the information that is being

provided. Although an increasing number of State and local Governments are making efforts to provide accessible websites,

because there are no specific ADA standards for website accessibility, these websites vary in actual usability.

Legal Basis: The ADA requires that State and local Governments provide qualified individuals with disabilities equal access to

their programs, services, or activities unless doing so would fundamentally alter the nature of their programs, services, or

activities or would impose an undue burden. 42. U.S.C. 12132.

Alternatives: The Department intends to consider various alternatives for ensuring full access to websites of State and local

Governments and will solicit public comment addressing these alternatives.

Costs and Benefits: The Department anticipates that this rule will be "economically significant," that is, that the rule will have

an annual effect on the economy of $100 million, or adversely affect in a material way the economy, a sector of the economy,

the environment, public health or safety or State, local or tribal Governments or communities. However, the Department believes

that revising its title II rule to clarify the obligations of State and local Governments to provide accessible websites will

significantly increase the opportunities for citizens with disabilities to participate in, and benefit from, State and local Government

programs, activities, and services. It will also ensure that individuals have access to important information that is provided over

the Internet, including emergency information. The Department also believes that providing accessible websites will benefit

State and local Governments as it will increase the numbers of citizens who can use these websites, and thus improve the

efficiency of delivery of services to the public. In drafting this NPRM, the Department will attempt to minimize the compliance

costs to State and local Governments while ensuring the benefits of compliance to persons with disabilities.

Risks: If the Department does not revise its ADA title II regulations to address website accessibility, persons with disabilities in

many communities will continue to be unable to access their State and local governmental services in the same manner

available to citizens without disabilities, and in some cases will not be able to access those services at all.

Timetable:

63

Regulations.gov Tuesday, November 26, 2013 Unified Agenda
Action Date FR Cite

ANPRM 07/26/2010 75 FR 43460 

ANPRM Comment Period End 01/21/2011 

NPRM 12/00/2013 

Additional Information: Split from RIN 1190-AA61.

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

Small Entities Affected: Governmental Jurisdictions Federalism: Undetermined

Energy Affected: No

Agency Contact: Rebecca B. Bond 

Chief

Department of Justice

Civil Rights Division

Disability Rights Section, 950 Pennsylvania Ave, NW., Washington, DC 20530

Washington , DC 20530 

Phone: 800 514-0301

Department of Justice (DOJ)

Civil Rights Division ( CRT ) RIN: 1190-AA70

 View Related Documents

Title: Amendments to the Coordination of Enforcement of Non-Discrimination in Federally Assisted Programs

Abstract: The coordination regulations applicable title VI of the Civil Rights Act, 28 CFR 42.401 to 42.415, have not been

revised for more than 30 years. The Department proposes updating these regulations to revise outdated provisions and

streamline procedural steps. Changes would address amendments to title VI found in the Civil Rights Restoration Act (CRRA) of

1987, which added definitions of "program or activity" and "program" to restore their broad meaning and application, Federal

agencies adopted these definitions in their title VI regulations in 2003. The Department is also considering streamlining and

clarifying provisions regarding information and data collection, assurances and grant application reviews, post-approval reviews,

and opportunities to encourage public engagement and transparency as well as further incorporating current law regarding

meaningful access for individuals who are limited English proficient. These regulations govern Federal agency enforcement of

title VI.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 28 CFR 42.401 to 42.415 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 42 USC 2000(d) et seq; EO 12250 (41 FR 52669; 12/01/1976)

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 03/00/2014 

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal

Federalism: No

Energy Affected: No

Agency Contact: Deana Jang 

Chief

Department of Justice

Civil Rights Division

Coordination and Compliance Section, 950 Pennsylvania Ave, NW., Washington, DC 20530

Washington , DC 20530 

Phone: 202 307-2222

Department of Justice (DOJ)

Civil Rights Division ( CRT ) RIN: 1190-AA62

 View Related Documents

Title: Nondiscrimination on the Basis of Disability in State and Local Government Services; Next Generation 9-1-1

Abstract: In 1991, the Department of Justice published a regulation to implement title II of the Americans With Disabilities Act

of 1990 (ADA). That regulation includes the requirement that public safety answering points (PSAPs) provide direct access to

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persons with disabilities who use analog telecommunication devices for the deaf (TTYs). 28 CFR 35.162. On July 26, 2010, the

Department published an advance notice of proposed rulemaking (ANPRM) to address in what manner PSAPs should be

required to make changes in communication technology to reflect developments that have occurred since the publication of the

1991 regulation. Many individuals with disabilities now use the Internet and wireless text devices as their primary modes of

telecommunications. At the same time, PSAPs are considering and planning to shift from analog telecommunications technology

to new Internet-Protocol (IP)-enabled Next Generation 9-1-1 services (NG 9-1-1) that will provide voice and data (such as text,

pictures, and video) capabilities. The ANPRM sought information on possible revisions to the Department's regulation to ensure

direct access to NG 9-1-1 services for individuals with disabilities. In the next step of the rulemaking process, the Department

intends to publish a notice of proposed rulemaking to revise the title II regulation to address requirements for direct access to

NG 9-1-1 services for individuals with disabilities.

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

Major: Undetermined Unfunded Mandates: No

CFR Citation: 28 CFR 35 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 42 USC 12101 et seq

Legal Deadline: None

Timetable:

Action Date FR Cite

ANPRM 07/26/2010 75 FR 43446 

ANPRM Comment Period End 01/24/2011 

NPRM 02/00/2015 

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

Small Entities Affected: Governmental Jurisdictions Federalism: Undetermined

Energy Affected: No

Agency Contact: Rebecca B. Bond 

Chief

Department of Justice

Civil Rights Division

Disability Rights Section, 950 Pennsylvania Ave, NW., Washington, DC 20530

Washington , DC 20530 

Phone: 800 514-0301

Department of Justice (DOJ)

Civil Rights Division ( CRT ) RIN: 1190-AA64

 View Related Documents

Title: Nondiscrimination on the Basis of Disability by State and Local Governments and Places of Public Accommodation;

Equipment and Furniture

Abstract: The ADA requires State and local governments and public accommodations to provide programs, activities, and

services in a manner that is accessible to persons with disabilities, including non-fixed equipment and furniture that is used in

the delivery of programs, activities, and services. The ADA also requires that covered entities communicate effectively with

persons with disabilities and provide appropriate auxiliary aids and services. While some types of fixed equipment and furniture

are explicitly covered by the 2010 Standards for Accessible Design, there are no specific provisions in the ADA regulations that

include standards governing the accessibility of equipment and furniture that are not fixed. See, e.g., 28 CFR 36.406(b) (the

1991 and 2010 Standards apply to fixed or built-in elements of buildings and structures). Because the 2010 ADA Standards

include accessibility requirements for some types of fixed equipment (e.g., ATMs, washing machines, dryers, tables, benches

and vending machines), the Department plans to look to these standards for guidance, where applicable, when it proposes

accessibility standards for equipment and furniture that is not fixed. On July 26, 2010, the Department published an Advanced

Notice of Proposed Rulemaking (ANPRM) to consider possible changes to requirements under titles II and III of the ADA to

ensure that equipment and furniture used in programs and services provided by public entities and public accommodations are

accessible to individuals with disabilities. See RIN 1190-AA64. In the 2010 ANPRM the Department sought public input on

possible revisions to its ADA regulations to ensure the accessibility of equipment and furniture in such programs and services,

and also sought background information for the regulatory assessment that would be needed for the Department to revise its

regulations. The 2010 ANPRM addressed the following broad categories of equipment and furniture: medical equipment and

furniture; exercise equipment and furniture; accessible golf cars; beds in accessible guest rooms and sleeping rooms; beds in

nursing homes and other care facilities; electronic and information technology; and inquired about the necessity for accessibility

of other types of equipment and furniture. The comment period on the 2010 ANPRM closed on January 24, 2011. This was the

initial step in the Department's rulemaking process on accessible equipment and furniture. The Department intends to proceed

in several stages to revise the title II and title III regulations to address the accessibility requirements for equipment and

furniture addressed in the initial 2010 ANPRM. As noted in separate agenda review reports, the Department intends to proceed

with a separate ANPRM on medical equipment and furniture and an NPRM on hotel beds in guestrooms with mobility features in

places of lodging. These categories of equipment and furniture were included in the 2010 ANPRM. The timetable listed below for

65

Regulations.gov Tuesday, November 26, 2013 Unified Agenda
the next step in the rulemaking process includes all of the remaining categories of equipment and furniture from the 2010

ANPRM, RIN 1190-AA64.

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

Major: No Unfunded Mandates: No

CFR Citation: 28 CFR 35; 28 CFR 36 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 42 USC 12101 et seq

Legal Deadline: None

Timetable:

Action Date FR Cite

ANPRM 07/26/2010 75 FR 43452 

ANPRM Comment Period End 01/24/2011 

NPRM 07/00/2015 

Additional Information: See also 1190-AA67.

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

Small Entities Affected: Business; Governmental Jurisdictions;

Organizations Federalism: Undetermined

Energy Affected: No

Agency Contact: Rebecca B. Bond 

Chief

Department of Justice

Civil Rights Division

Disability Rights Section, 950 Pennsylvania Ave, NW., Washington, DC 20530

Washington , DC 20530 

Phone: 800 514-0301

Department of Justice (DOJ)

Civil Rights Division ( CRT ) RIN: 1190-AA66

 View Related Documents

Title: Nondiscrimination on the Basis of Disability by State and Local Governments and Public Accommodations: Accessibility

of Medical Equipment and Furniture

Abstract: On July 26, 2010, the Department published an Advanced Notice of Proposed Rulemaking (ANPRM) to consider

possible changes to requirements under titles II and III of the ADA to require that equipment and furniture used in programs and

services provided by public entities and public accommodations are accessible to individuals with disabilities. See RIN 1190-

AA64. In the 2010 ANPRM the Department sought public input on possible revisions to its ADA regulations that would be

needed to require the accessibility of equipment and furniture in such programs and services, and also sought background

information for the regulatory assessment that would be needed for the Department to revise its regulations. The 2010 ANPRM

addressed the following broad categories of equipment and furniture: medical equipment and furniture; exercise equipment and

furniture; accessible golf cars; beds in accessible guest rooms and sleeping rooms; beds in nursing homes and other care

facilities; electronic and information technology; and inquired about the necessity for accessibility of other types of equipment

and furniture. The comment period on the 2010 ANPRM closed on January 24, 2011. This was the initial step in the

Department's rulemaking process on accessible equipment and furniture. The Department intends to proceed in several stages

to revise the title II and title III regulations to address the accessibility requirements for equipment and furniture addressed in

the initial 2010 ANPRM. As a separate step in the rulemaking process, the Department plans to publish an ANPRM that solely

addresses the accessibility requirements for medical equipment and furniture pursuant to titles II and III of the ADA. This

proposed ANPRM will include all of the various types of medical equipment and furniture addressed in the 2010 ANPRM and

will allow the Department to solicit more detailed input from the public regarding, among other things, the appropriate accessible

features for medical equipment and furniture; the commercial availability of such equipment and furniture; costs associated with

the acquisition and implementation of such equipment and furniture; scoping requirements for specific facility types; and

triggering events, implementation schedules, and effective dates for requiring compliance with the requirements for accessible

medical equipment and furniture. The proposed ANPRM on accessible medical equipment and furniture will also permit the

Department, as a member of the Access Board, to coordinate more closely with the Board in the Board's development of

standards setting forth minimum technical requirements for medical diagnostic equipment used in (or in conjunction with)

physician's offices, clinics, emergency rooms, hospitals, and other medical settings pursuant to the Patient Protection and

Affordable Care Act. This health care reform legislation added a new section 510 to the Rehabilitation Act of 1973 and directed

the Access Board to promulgate standards to ensure that such medical diagnostic equipment is accessible to, and usable by,

individuals with accessibility needs and allows independent entry to, use of, and exit from the equipment or furniture by such

individuals to the maximum extent possible. As stated in the 2010 ANPRM, the Department does not intend to issue a final rule

on medical equipment, until the Board has promulgated its medical diagnostic equipment standards. When the Board has

completed its medical diagnostic equipment standards, the Department will decide whether to adopt them for ADA

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Regulations.gov Tuesday, November 26, 2013 Unified Agenda
implementation in the context of the Department's rulemaking on medical equipment and furniture.

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

Major: Undetermined Unfunded Mandates: No

CFR Citation: 28 CFR 35; 28 CFR 36 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 42 USC 12101 et seq

Legal Deadline: None

Timetable:

Action Date FR Cite

ANPRM 11/00/2014 

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

Small Entities Affected: Business Federalism: No

Energy Affected: No

Agency Contact: Rebecca B. Bond 

Chief

Department of Justice

Civil Rights Division

Disability Rights Section, 950 Pennsylvania Ave, NW., Washington, DC 20530

Washington , DC 20530 

Phone: 800 514-0301

Department of Justice (DOJ)

Civil Rights Division ( CRT ) RIN: 1190-AA67

 View Related Documents

Title: Nondiscrimination on the Basis of Disability by Public Accommodations: Accessibility of Beds in Guestrooms With Mobility

Features in Places of Lodging

Abstract: On July 26, 2010, the Department published an Advanced Notice of Proposed Rulemaking (ANPRM) to consider

possible changes to requirements under titles II and III of the ADA to ensure that equipment and furniture used in programs and

services provided by public entities and public accommodations are accessible to individuals with disabilities. See RIN 1190-

AA64. In the 2010 ANPRM the Department sought public input on possible revisions to its ADA regulations that would be

needed to ensure the accessibility of equipment and furniture in such programs and services, and also sought background

information for the regulatory assessment that would be needed for the Department to revise its regulations. The 2010 ANPRM

addressed the following broad categories of equipment and furniture: medical equipment and furniture; exercise equipment and

furniture; accessible golf cars; beds in accessible guest rooms and sleeping rooms; beds in nursing homes and other care

facilities; electronic and information technology; and inquired about the necessity for accessibility of other types of equipment

and furniture. The comment period on the 2010 ANPRM closed on January 24, 2011. This was the initial step in the

Department's rulemaking process on accessible equipment and furniture. The Department intends to proceed in several stages

to revise the title II and title III regulations to address the accessibility requirements for equipment and furniture addressed in

the initial 2010 ANPRM. As a separate step in the rulemaking process, the Department plans to publish a notice of proposed

rulemaking (NPRM) pursuant to title III of the ADA that will address the requirements for accessible beds in guestrooms with

mobility features in places of lodging. Title III of the ADA applies to persons who own, lease or lease to, or operate places of

public accommodation (42 U.S.C. 12182[a]), including places of lodging. The proposed rulemaking would address and request

public input about, among other things, the features proposed for accessible beds, including bed height and under-bed

clearance, as well as the commercial availability of accessible beds (and bed components), the costs associated with the

acquisition and implementation of accessible beds, scoping requirements, implementation schedules, and effective dates for

compliance.

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

Major: No Unfunded Mandates: No

CFR Citation: 28 CFR 36 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 42 USC 12101 et seq

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 12/00/2014 

Additional Information: Split from 1190-AA64

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: No

67

Regulations.gov Tuesday, November 26, 2013 Unified Agenda
Small Entities Affected: Business Federalism: No

Energy Affected: No

Agency Contact: Rebecca B. Bond 

Chief

Department of Justice

Civil Rights Division

Disability Rights Section, 950 Pennsylvania Ave, NW., Washington, DC 20530

Washington , DC 20530 

Phone: 800 514-0301

68

Regulations.gov Tuesday, November 26, 2013 Unified Agenda