Federal Register / Vol. 75, No. 55 / Tuesday, March 23, 2010 / Proposed Rules 13705 

of the purchasers, and the dates and 

times of the sales (referred to as the 

‘‘logbook’’). 

(b) The regulated seller must not sell 

a scheduled listed chemical product at 

retail unless the sale is made in 

accordance with the following: 

(1) The purchaser presents an 

identification card that provides a 

photograph and is issued by a State or 

the Federal Government, or a document 

that, with respect to identification, is 

considered acceptable for purposes of 8 

CFR 274a.2(b)(1)(v)(A) and 

274a.2(b)(1)(v)(B). 

(2) The purchaser signs the logbook as 

follows: 

(i) For written logbooks, enters in the 

logbook his name, address, and the date 

and time of the sale. 

(ii) For electronic logbooks, provides 

a signature using one of the following 

means: 

(A) Signing a device presented by the 

seller that captures signatures in an 

electronic format. The device must 

display the warning notice in paragraph 

(d) of this section. Any device used 

must preserve each signature in a 

manner that clearly links that signature 

to the other electronically captured 

logbook information relating to the 

prospective purchaser providing that 

signature. 

(B) Signing a bound paper book. The 

bound paper book must include, for 

such purchaser, either— 

(1) A printed sticker affixed to the 

bound paper book at the time of sale 

that either displays the name of each 

product sold, the quantity sold, the 

name and address of the purchaser, and 

the date and time of the sale, or a unique 

identifier which can be linked to that 

electronic information, or 

(2) A unique identifier that can be 

linked to that information and that is 

written into the book by the seller at the 

time of sale. The purchaser must sign 

adjacent to the printed sticker or written 

unique identifier related to that sale. 

The bound paper book must display the 

warning notice in paragraph (d) of this 

section. 

(C) Signing a printed document that 

includes, for the purchaser, the name of 

each product sold, the quantity sold, the 

name and address of the purchaser, and 

the date and time of the sale. The 

document must be printed by the seller 

at the time of the sale. The document 

must contain a clearly identified 

signature line for a purchaser to sign. 

The printed document must display the 

warning notice in paragraph (d) of this 

section. Each signed document must be 

inserted into a binder or other secure 

means of document storage immediately 

after the purchaser signs the document. 

(3) The regulated seller must enter in 

the logbook the name of the product and 

the quantity sold. Examples of methods 

of recording the quantity sold include 

the weight of the product per package 

and number of packages of each 

chemical, the cumulative weight of the 

product for each chemical, or quantity 

of product by Universal Product Code. 

These examples do not exclude other 

methods of displaying the quantity sold. 

Such information may be captured 

through electronic means, including 

through electronic data capture through 

bar code reader or similar technology. 

Such electronic records must be 

provided pursuant to paragraph (g) of 

this section in a human readable form 

such that the requirements of paragraph 

(a) of this section are satisfied. 

(c) The logbook maintained by the 

seller must include the prospective 

purchaser’s name, address, and the date 

and time of the sale, as follows: 

(1) If the purchaser enters the 

information, the seller must determine 

that the name entered in the logbook 

corresponds to the name provided on 

the identification and that the date and 

time entered are correct. 

(2) If the seller enters the information, 

the prospective purchaser must verify 

that the information is correct. 

(3) Such information may be captured 

through electronic means, including 

through electronic data capture through 

bar code reader or similar technology. 

(d) The regulated seller must include 

in the written or electronic logbook or 

display by the logbook, the following 

notice: 

WARNING: Section 1001 of Title 18, 

United States Code, states that whoever, with 

respect to the logbook, knowingly and 

willfully falsifies, conceals, or covers up by 

any trick, scheme, or device a material fact, 

or makes any materially false, fictitious, or 

fraudulent statement or representation, or 

makes or uses any false writing or document 

knowing the same to contain any materially 

false, fictitious, or fraudulent statement or 

entry, shall be fined not more than $250,000 

if an individual or $500,000 if an 

organization, imprisoned not more than five 

years, or both. 

(e) The regulated seller must maintain 

each entry in the written or electronic 

logbook for not fewer than two years 

after the date on which the entry is 

made. 

(f) A record under this section must 

be kept at the regulated seller’s place of 

business where the transaction 

occurred, except that records may be 

kept at a single, central location of the 

regulated seller if the regulated seller 

has notified the Administration of the 

intention to do so. Written notification 

must be submitted by registered or 

certified mail, return receipt requested, 

to the Special Agent in Charge of the 

DEA Divisional Office for the area in 

which the records are required to be 

kept. 

(g) The records required to be kept 

under this section must be readily 

retrievable and available for inspection 

and copying by authorized employees of 

the Administration under the provisions 

of section 510 of the Act (21 U.S.C. 880). 

(h) A record developed and 

maintained to comply with a State law 

may be used to meet the requirements 

of this section if the record includes the 

information specified in this section. 

Dated: March 16, 2010. 

Joseph T. Rannazzisi, 

Deputy Assistant Administrator, Office of 

Diversion Control. 

[FR Doc. 2010–6175 Filed 3–22–10; 8:45 am] 

BILLING CODE 4410–09–P 

DEPARTMENT OF JUSTICE 

Bureau of Prisons 

28 CFR Part 513 

[BOP Docket No. 1157–P] 

RIN 1120–AB57 

Inmate Access to Inmate Central File: 

PSRs and SORs 

AGENCY: Bureau of Prisons, Justice. 

ACTION: Proposed rule. 

SUMMARY: The Bureau of Prisons 

(Bureau) proposes to amend regulations 

regarding inmate access to Inmate 

Central File materials to prohibit 

sentenced inmates incarcerated in 

Bureau facilities, including those in 

contract facilities or community 

confinement, from possessing their PreSentence Investigation Reports (PSRs), 

Statements of Reasons (SORs), or other 

similar sentencing documents from 

criminal judgments. Such inmates 

under this prohibition will continue to 

be permitted to review their PSRs and 

SORs. 

DATES: Comments due by May 24, 2010. 

ADDRESSES: Comments should be 

submitted 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 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. 


wwoods2 on DSK1DXX6B1PROD with PROPOSALS_PART 1
13706 Federal Register / Vol. 75, No. 55 / Tuesday, March 23, 2010 / Proposed Rules 

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 are 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 

contains 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

FURTHER INFORMATION CONTACT

paragraph. 

Proposed Rule 

The Bureau proposes to amend its 

regulation on inmate access to Inmate 

Central File documents (28 CFR 513.40). 

We published the current regulation in 

the Federal Register on December 9, 

1996 (61 FR 64950). This proposed rule 

seeks to prohibit sentenced inmates 

incarcerated in Bureau facilities, 

including those in contract facilities or 

in community confinement, from 

possessing their Pre-Sentence 

Investigation Reports (PSRs), Statements 

of Reasons (SORs), or other similar 

sentencing documents from criminal 

judgments. Such inmates under this 

prohibition will be permitted to review 

their PSRs, SORs, or other similar 

documents. Further, pretrial inmates in 

Bureau facilities, including those in 

contract facilities or in community 

confinement, may possess and review 

these documents in preparation for 

sentencing. 

At present, inmates incarcerated in 

Bureau facilities, including those in 

contract facilities or in community 

confinement, may make a request at 

their facility for an opportunity to 

review and obtain copies of these 

documents. Under this rule, such 

inmates may review these documents 

and take notes, but are prohibited from 

possessing copies of these documents. 

This change addresses the problem of 

inmates pressuring other inmates for 

copies of their PSRs, SORs, or other 

similar documents, to learn if they are 

informants, gang members, have 

financial resources, etc. This change 

will help the Bureau better protect the 

safety and security of its institutions, 

inmates, staff, and the public. 

The SOR is contained on the last 

page(s) of an inmate’s Federal Criminal 

Judgment (formally known as the 

Judgment in a Criminal Case). The SOR 

contains the sentencing court’s final 

advisory U.S. Sentencing Guidelines 

(USSG) calculations, which reflect its 

decisions on various issues such as 

whether to impose a sentence which 

varies from the USSG and its reasons for 

doing so. PSRs, SORs, and other similar 

documents contain personal 

information regarding, for example, 

government assistance, gang affiliations, 

financial resources, involvement of 

family members and others in the 

community, etc. 

In 2002, the Bureau recognized an 

emerging problem: Inmates, or inmate 

groups, pressure other inmates for 

copies of their PSRs and SORs to learn 

if they are informants, gang members, 

have financial resources, or to learn of 

others involved in the offense, etc. 

Inmates who produced, or refused to 

produce, the documents were often 

threatened, assaulted, and/or sought 

protective custody, all of which 

jeopardized the Bureau’s ability to 

effectively and safely manage its 

institutions. The defense bar, Federal 

sentencing courts, and the Bureau 

identified this issue. The Bureau 

worked closely with the Administrative 

Office of the U.S. Courts (AOUSC) in 

crafting this change. 

Inmates incarcerated in Bureau 

facilities, including those in contract 

facilities or in community confinement, 

may still review their PSRs, SORs, or 

other similar documents locally. Staff 

must provide inmates reasonable 

opportunities to locally review these 

documents as staff time and official 

duties permit. During local reviews, 

inmates are allowed to make 

handwritten notes. Only the inmates’ 

retention of copies of these documents 

is prohibited, unless the inmate is a 

pretrial inmate with a need to review 

these documents prior to sentencing. 

In Dept. of Justice v. Julian, 486 U.S. 

1 (1988), the U.S. Supreme Court 

decided the government was obligated 

to provide inmates access to their own 

pre-sentence investigation reports under 

the Freedom of Information Act (FOIA). 

By continuing to provide inmates 

reasonable access to locally review their 

PSRs and SORs, the Bureau’s obligation 

under the FOIA is satisfied. The Julian 

decision did not mandate that inmates 

be permitted to obtain and possess 

copies of these documents contrary to 

legitimate penological interests, i.e., the 

safety and security of Bureau 

institutions, inmates, staff, and the 

public. 

Finally, this rule indicates that 

persons other than the inmate may not 

obtain copies of inmate PSRs, SORs, or 

other similar documents from the 

Bureau while the inmate is incarcerated, 

even if they provide written 

authorization from the inmate. This is 

necessary because the Bureau has found 

that third parties not affiliated with the 

inmate sometimes force inmate 

authorization and then use the inmate’s 

PSR and/or SOR to prove gang 

affiliation to other inmates or for other 

reasons that are contrary to legitimate 

penological interests, i.e., the safety and 

security of Bureau institutions, inmates, 

staff, and the public. Third parties may, 

however, continue to request copies of 

PSRs, SORs, or other similar documents 

directly from the sentencing court, 

defense counsel, or the U.S. Probation 

Office. 

Executive Order 12866 

We drafted and reviewed this 

regulation reviewed in accordance with 

Executive Order 12866, ‘‘Regulatory 

Planning and Review’’, section 1(b), 

Principles of Regulation. It has been 

determined that this rule is a 

‘‘significant regulatory action’’ under 

Executive Order 12866, section 3(f), and 

accordingly this rule has been reviewed 

by the Office of Management and 

Budget. 

Executive Order 13132 

This regulation will not have 

substantial direct effects on the States, 


wwoods2 on DSK1DXX6B1PROD with PROPOSALS_PART 1
Federal Register / Vol. 75, No. 55 / Tuesday, March 23, 2010 / Proposed Rules 13707 

on the relationship between the national 

government and the States, or on 

distribution of power and 

responsibilities among the various 

levels of government. Under Executive 

Order 13132, this rule does not have 

sufficient federalism implications for 

which we would prepare 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. 

By approving it, the Director certifies 

that it will not have a significant 

economic impact upon a substantial 

number of small entities because: This 

rule is about 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 cause State, local 

and Tribal governments, or the private 

sector, to spend $100,000,000 or more in 

any one year, and it will not 

significantly or uniquely affect small 

governments. We do not need to take 

action under the Unfunded Mandates 

Reform Act of 1995. 

Small Business Regulatory Enforcement 

Fairness Act 

This rule is not a major rule as 

defined by § 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 513 

Prisoners. 

Harley G. Lappin, 

Director, Bureau of Prisons. 

Under rulemaking authority vested in 

the Attorney General in 5 U.S.C 301; 28 

U.S.C. 509, 510 and delegated to the 

Director, Bureau of Prisons in 28 CFR 

0.96, we propose to amend 28 CFR part 

513, subpart D, as follows. 

SUBCHAPTER A—GENERAL 

MANAGEMENT AND ADMINISTRATION 

PART 513—ACCESS TO RECORDS 

1. Revise the authority citation for 28 

CFR part 513 to read as follows: 

Authority: 5 U.S.C. 301; 13 U.S.C.; 18 

U.S.C. 3621, 3622, 3624, 4001, 4042, 4942, 

4081, 4082 (Repealed in part as to conduct 

occurring on or after November 1, 1987), 

5006–5024 (Repealed October 12, 1984, as to 

conduct occurring after that date), 5039; 28 

U.S.C. 509, 510; 31 U.S.C. 3711(f); 5 CFR part 

297. 

2. Revise § 513.40(a) as follows: 

§ 513.40 Inmate access to Inmate Central 

File. 

* * * * * 

(a) Inmate review of his/her Inmate 

Central File. (1) Request to review 

Inmate Central File. An inmate may at 

any time request to review all 

disclosable portions of his/her Inmate 

Central File by submitting a request to 

a staff member designated by the 

Warden. Staff are to acknowledge the 

request and schedule the inmate, as 

promptly as is practical, for a review of 

the file at a time which will not disrupt 

institution operations. 

(2) Pre-Sentence Investigation 

Reports, Statements of Reason, or other 

similar documents. Inmates incarcerated 

in Bureau facilities, including those in 

contract facilities or community 

confinement, are prohibited from 

possessing their Pre-Sentence 

Investigation Reports (PSRs), Statements 

of Reasons (SORs), or other similar 

sentencing documents from criminal 

judgments. 

(i) Sentenced inmates in Bureau 

facilities, including those in contract 

facilities or community confinement, 

may request an opportunity to review 

these documents and take notes, but 

will not be permitted to possess copies 

of these documents. 

(ii) Pretrial inmates in Bureau 

facilities, including those in contract 

facilities or community confinement, 

may possess and review these 

documents in preparation for 

sentencing. 

(iii) Persons other than the inmate 

may not obtain copies of inmate PSRs, 

SORs, or other similar documents from 

the Bureau while the inmate is 

incarcerated in a Bureau facility, 

including those in contract facilities or 

community confinement, even if they 

provide written authorization from the 

inmate. Such persons may request these 

documents directly from the sentencing 

court, defense counsel, or U.S. 

Probation Office. 

[FR Doc. 2010–6288 Filed 3–22–10; 8:45 am] 

BILLING CODE 4410–05–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2010–0129] 

RIN 1625–AA00 

Safety Zones; Annual Events 

Requiring Safety Zones in the Captain 

of the Port Lake Michigan Zone 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard proposes to 

amend the regulations establishing 

permanent safety zones in the Captain 

of the Port Lake Michigan zone during 

annual events. When these safety zones 

are activated, and thus subject to 

enforcement, this rule would restrict 

vessels from portions of water areas 

during annual events that pose a hazard 

to public safety. The safety zones 

amended by this proposed rule are 

necessary to protect spectators, 

participants, and vessels from the 

hazards associated with fireworks 

displays, boat races, and other events. 

DATES: Comments and related materials 

must be received by the Coast Guard on 

or before April 22, 2010. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2010–0129 using any one of the 

following methods: 

(1) Federal eRulemaking Portal: 

http://www.regulations.gov. 

(2) Fax: 202–493–2251. 

(3) Mail: Docket Management Facility 

(M–30), U.S. Department of 

Transportation, West Building Ground 

Floor, Room W12–140, 1200 New Jersey 

Avenue SE., Washington, DC 20590– 

0001. 

(4) Hand Delivery: Same as mail 

address above, between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. The telephone number 

is 202–366–9329. 

To avoid duplication, please use only 

one of these four methods. See the 

‘‘Public Participation and Request for 

Comments’’ portion of the 

SUPPLEMENTARY INFORMATION section 

below for instructions on submitting 

comments. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this proposed 

rule, call or e-mail BM1 Adam Kraft, 

Prevention Department, Coast Guard, 

Sector Lake Michigan, Milwaukee, WI, 

telephone (414) 747–7154, e-mail 

Adam.D.Kraft@uscg.mil. If you have 

questions on viewing or submitting 


wwoods2 on DSK1DXX6B1PROD with PROPOSALS_PART 1