57012 Federal Register / Vol. 76, No. 179 / Thursday, September 15, 2011 / Proposed Rules 

designed to deliver nicotine or other 

substances to a user in the form of a 

vapor is prohibited. 

Smoking means the smoking of 

tobacco products or use of electronic 

cigarettes and similar products designed 

to deliver nicotine or other substances 

to a user in the form of a vapor. It does 

not include the use of a device such as 

a nebulizer that delivers a medically 

beneficial substance to a user in the 

form of a vapor. 

4. Section 252.4 is added to read as 

follows: 

§ 252.4 Smoking ban: air carriers. 

Air carriers shall prohibit smoking on 

all scheduled passenger flights. 

5. Section 252.8 is revised to read as 

follows: 

§ 252.8 Extent of smoking restrictions. 

The restrictions on smoking described 

in §§ 252.4 through 252.7 shall apply to 

all locations within the aircraft. 

[FR Doc. 2011–23673 Filed 9–14–11; 8:45 am] 

BILLING CODE 4910–9X–P 

DEPARTMENT OF JUSTICE 

Bureau of Prisons 

28 CFR Part 524 

[BOP–AB60–P] 

RIN 1120–AB60 

Progress Reports Rules Revision 

AGENCY: Bureau of Prisons, Justice. 

ACTION: Proposed rule. 

SUMMARY: 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. 

DATES: Comments are due by November 

14, 2011. 

ADDRESSES: Submit comments to the 

Rules Unit, Office of General Counsel, 

Bureau of Prisons, 320 First Street, NW., 

Washington, DC 20534. You may view 

an electronic version of this rule at 

http://www.regulations.gov. You may 

also comment via the Internet to the 

Bureau at BOPRULES@BOP.gov or by 

using the http://www.regulations.gov 

comment form for this regulation. When 

submitting comments electronically you 

must include the BOP Docket No. in the 

subject box. 

FOR FURTHER INFORMATION CONTACT: 

Sarah Qureshi, Office of General 

Counsel, Bureau of Prisons, phone (202) 

307–2105. 

SUPPLEMENTARY INFORMATION: 

Posting of Public Comments 

Please note that all comments 

received are considered part of the 

public record and made available for 

public inspection online at http:// 

www.regulations.gov. Such information 

includes personal identifying 

information (such as your name, 

address, etc.) voluntarily submitted by 

the commenter. 

If you want to submit personal 

identifying information (such as your 

name, address, etc.) as part of your 

comment, but do not want it to be 

posted online, you must include the 

phrase ‘‘Personal Identifying 

Information’’ in the first paragraph of 

your comment. You must also locate all 

the personal identifying information 

you do not want posted online in the 

first paragraph of your comment and 

identify what information you want 

redacted. 

If you want to submit confidential 

business information as part of your 

comment but do not want it to be posted 

online, you must include the phrase 

‘‘Confidential Business Information’’ in 

the first paragraph of your comment. 

You must also prominently identify 

confidential business information to be 

redacted within the comment. If a 

comment has so much confidential 

business information that it cannot be 

effectively redacted, all or part of that 

comment may not be posted on http:// 

www.regulations.gov. 

Personal identifying information 

identified and located as set forth above 

will be placed in the agency’s public 

docket file, but not posted online. 

Confidential business information 

identified and located as set forth above 

will not be placed in the public docket 

file. If you wish to inspect the agency’s 

public docket file in person by 

appointment, please see the ‘‘For 

Additional Information’’ paragraph. 

In this document, the Bureau 

proposes to remove from regulations 

and/or modify two types of progress 

reports: Transfer reports and triennial 

reports. 

Section 524.41, entitled ‘‘Types of 

progress reports,’’ lists several types of 

progress reports prepared for nonBureau entities, such as for parole 

hearings, pre-release, final (prepared 90 

days before an inmate’s release to a term 

of supervision), and for other reasons 

(such as upon court request or a 

clemency review). The current 

regulations also identify two types of 

progress reports that were primarily 

intended for internal Bureau purposes: 

Those prepared when inmates transfer 

to community confinement or another 

institution, and those prepared 

triennially if not more frequently done 

for any other reason. 

Transfer Reports. The current 

regulations define ‘‘transfer report’’ as 

one prepared on an inmate 

recommended and/or approved for 

transfer to community confinement or to 

another institution and whose progress 

has not been summarized within the 

previous 180 days. The Bureau proposes 

to modify this definition to indicate that 

transfer reports will only be prepared on 

inmates transferring to non-Bureau 

facilities. 

Current Bureau practice and advances 

in technology have obviated the need to 

prepare a specific paper report when an 

inmate is transferred between Bureau 

facilities. When an inmate is transferred, 

all pertinent information regarding the 

progress of an inmate being transferred 

has already been updated in the 

Bureau’s computer system, which staff 

may access at all Bureau facilities and 

in community confinement. It is, 

therefore, unnecessary for a separate 

and specific progress report to be 

prepared by staff at the transferring 

Bureau facility for staff at the receiving 

Bureau facility, when receiving facility 

staff can easily access this information 

themselves. 

However, when an inmate is 

transferring outside the Bureau, to a 

state facility, non-Bureau community 

confinement, or other non-Bureau 

facility, staff at that facility may not 

have access to the Bureau’s computer 

system. Therefore, it would be necessary 

for Bureau staff to prepare a transfer 

report detailing an inmate’s progress in 

the Bureau facility for the benefit of staff 

at the non-Bureau facility. 

Triennial Reports. The Bureau also 

proposes to delete triennial reports as a 

type of progress report. Current 

regulations state that a progress report 

will be prepared on each designated 

inmate at least once every 36 months if 

not previously generated for another 

reason. 

Before the development of this 

internal Bureau computer information 

network, triennial reports were a 

necessary tool used to provide staff with 

specific inmate information. As 

explained above, however, current 

Bureau practice and advances in 

technology have obviated the need to 

prepare a specific progress report every 

36 months, because all information 

regarding an inmate’s progress is 

continually updated in the Bureau’s 

computer system, which staff may 

access at all Bureau facilities. 

Executive Order 12866 

This rule falls within a category of 

actions that the Office of Management 


wreier-aviles on DSKGBLS3C1PROD with PROPOSALS
Federal Register / Vol. 76, No. 179 / Thursday, September 15, 2011 / Proposed Rules 57013 

and Budget (OMB) has determined not 

to constitute ‘‘significant regulatory 

actions’’ under section 3(f) of Executive 

Order 12866 and, accordingly, it was 

not reviewed by OMB. 

Executive Order 13132 

This regulation will not have 

substantial direct effects on the States, 

on the relationship between the national 

government and the States, or on 

distribution of power and 

responsibilities among the various 

levels of government. Therefore, under 

Executive Order 13132, we determine 

that this rule does not have sufficient 

federalism implications to warrant the 

preparation of a Federalism Assessment. 

Regulatory Flexibility Act 

The Director of the Bureau of Prisons, 

under the Regulatory Flexibility Act (5 

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

and by approving it certifies that it will 

not have a significant economic impact 

upon a substantial number of small 

entities for the following reasons: This 

rule pertains to the correctional 

management of offenders committed to 

the custody of the Attorney General or 

the Director of the Bureau of Prisons, 

and its economic impact is limited to 

the Bureau’s appropriated funds. 

Unfunded Mandates Reform Act of 

1995 

This rule will not result in the 

expenditure by State, local and tribal 

governments, in the aggregate, or by the 

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

in any one year, and it will not 

significantly or uniquely affect small 

governments. Therefore, no actions were 

deemed necessary under the provisions 

of the Unfunded Mandates Reform Act 

of 1995. 

Small Business Regulatory Enforcement 

Fairness Act of 1996 

This rule is not a major rule as 

defined by section 804 of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996. This rule will not 

result in an annual effect on the 

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

major increase in costs or prices; or 

significant adverse effects on 

competition, employment, investment, 

productivity, innovation, or on the 

ability of United States-based 

companies to compete with foreignbased companies in domestic and 

export markets. 

List of Subjects in 28 CFR Part 524 

Prisoners. 

Thomas R. Kane, 

Acting Director, Bureau of Prisons. 

Under rulemaking authority vested in 

the Attorney General in 5 U.S.C. 552(a) 

and delegated to the Director, Bureau of 

Prisons, we propose to amend 28 CFR 

part 524 as set forth below. 

PART 524—CLASSIFICATION OF 

INMATES 

SUBCHAPTER B—INMATE ADMISSION, 

CLASSIFICATION, AND TRANSFER 

1. The authority citation for 28 CFR 

part 524 continues to read as follows: 

Authority: 5 U.S.C. 301; 18 U.S.C. 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 after that date), 5039; 21 

U.S.C. 848; 28 U.S.C. 509, 510. 

2. In § 524.41, remove paragraphs (d) 

and (e), redesignate paragraph (f) as 

paragraph (e), and add a new paragraph 

(d) to read as follows: 

§ 524.41 Types of progress reports. 

* * * * * 

(d) Transfer report—prepared on an 

inmate transferring to any non-Bureau 

facility. 

* * * * * 

[FR Doc. 2011–23687 Filed 9–14–11; 8:45 am] 

BILLING CODE 4410–05–P 

EQUAL EMPLOYMENT OPPORTUNITY 

COMMISSION 

29 CFR Part 1602 

RIN 3046–AA89 

Recordkeeping and Reporting 

Requirements Under Title VII, the ADA, 

and GINA 

AGENCY: Equal Employment 

Opportunity Commission. 

ACTION: Proposed rule: Cancellation of 

hearing. 

SUMMARY: Notice is hereby given that 

the Commission is cancelling the public 

hearing on the above proposed 

modifications of its recordkeeping and 

reporting provisions under title VII, the 

ADA, and GINA. (76 FR 31892, June 2, 

2011). No requests to present oral 

testimony at a hearing concerning the 

proposed rule were received from the 

public. Further, the Commission 

received only one public comment in 

response to the June 2 notice, and the 

commenter expressed support for the 

proposed changes. Therefore, it will not 

be necessary to hold the hearing. 

FOR FURTHER INFORMATION CONTACT: 

Thomas J. Schlageter, Assistant Legal 

Counsel, (202) 663–4668, or Erin N. 

Norris, Senior Attorney, (202) 663–4876, 

Office of Legal Counsel, 131 M Street, 

NE., Washington, DC 20507. 

Dated: September 8, 2011. 

For the Commission. 

Jacqueline A. Berrien, 

Chair. 

[FR Doc. 2011–23601 Filed 9–14–11; 8:45 am] 

BILLING CODE 6570–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2011–0511; FRL–9462–7] 

Approval and Promulgation of Air 

Quality Implementation Plans; West 

Virginia; Revised Motor Vehicle 

Emission Budgets for the Charleston, 

Huntington, Parkersburg, Weirton, and 

Wheeling 8-Hour Ozone Maintenance 

Areas 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA proposes to approve the 

State Implementation Plan (SIP) 

revision submitted by the State of West 

Virginia for the purpose of amending 

the 8-hour ozone maintenance plan for 

the Charleston, Huntington, 

Parkersburg, Weirton, and Wheeling 8- 

hour ozone maintenance areas. This 

revision amends the maintenance plans’ 

2009 and 2018 motor vehicle emissions 

budgets (MVEBs) by reallocating a 

portion of the plans’ safety margins 

which results in an increase in the 

MVEBs. In the Final Rules section of 

this Federal Register, EPA is approving 

the State’s SIP submittal as a direct final 

rule without prior proposal because the 

Agency views this as a noncontroversial 

submittal and anticipates no adverse 

comments. A detailed rationale for the 

approval is set forth in the direct final 

rule. If no adverse comments are 

received in response to this action, no 

further activity is contemplated. If EPA 

receives adverse comments, the direct 

final rule will be withdrawn and all 

public comments received will be 

addressed in a subsequent final rule 

based on this proposed rule. EPA will 

not institute a second comment period. 

Any parties interested in commenting 

on this action should do so at this time. 

DATES: Comments must be received in 

writing by October 17, 2011. 


wreier-aviles on DSKGBLS3C1PROD with PROPOSALS