Federal Register / Vol. 60, No. 50 / Wednesday, March 15, 1995 / Rules and Regulations 13901

1 59 FR 66674, 66687 (December 28, 1994).

necessary to keep them operationally

current. It, therefore–(1) is not a

‘‘significant regulation action’’ under

Executive Order 12866; (2) is not a

‘‘significant rule’’ under DOT

Regulatory Policies and Procedures (44

FR 11034; February 26, 1970); and (3)

does not warrant preparation of a

regulatory evaluation as the anticipated

impact is so minimal. Since this is a

routine matter that will not affect air

traffic procedures and air navigation, it

is certified that this rule will have a

significant economic impact on a

substantial number of small entities

under the criteria of the Regulatory

Flexibility Act.

List of Subjects in 14 CFR Part 71

Airspace, Incorporation by reference,

Navigation (air).

Adoption of the Amendment

In consideration of the foregoing, the

Federal Aviation Administration

amends 14 CFR part 71 as follows:

PART 71—[AMENDED]

1. The authority citation for 14 CFR

71 continues to read as follows:

Authority: 49 U.S.C. app. 1348(a), 1354(a),

1510; E.O. 10854, 24 FR 9565, 3 CFR, 1959–

1963 Comp., p. 389; 49 U.S.C. 106(g); 14 CFR

11.69.

§ 71.1 [Amended]

2. The incorporation by reference in

14 CFR 71.1 of the Federal Aviation

Administration Order 7400.9B, Airspace

Designations and Reporting Points,

dated July 18, 1994, and effective

September 16, 1994, is amended as

follows:

Paragraph 5000 Class D Airspace

* * * * *

AWP AZ D Williams Gateway, AZ [Revised]

Williams Gateway Airport, AZ

(Lat. 33°18′28′′ N, long. 111°39′19′′ W)

That airspace extending upward from the

surface to and including 3,900 feet MSL

within a 5-mile radius of the Williams

Gateway Airport. This Class D airspace area

is effective during the specific dates and

times established in advance by a Notice to

Airmen. The effective date and time will

thereafter be continuously published in the

Airport/Facility Director.

* * * * *

Issues in Los Angeles, California, on March

3, 1995.

Dennis T. Koehler,

Acting Manager, Air Traffic Division,

Western-Pacific Region.

[FR Doc. 95–6380 Filed 3–14–95; 8:45 am]

BILLING CODE 4910–13–M

COMMODITY FUTURES TRADING

COMMISSION

17 CFR Part 1

Risk Assessment for Holding

Company Systems; Correction

AGENCY: Commodity Futures Trading

Commission.

ACTION: Correction to final rules.

SUMMARY: This document contains a

correction to the final rules which were

published Wednesday, December 28,

1994 (59 FR 66674). The rules

implemented the risk assessment

authority set forth in Section 4f(c) of the

Commodity Exchange Act and imposed

reporting and recordkeeping

requirements for certain registered

futures commission merchants

(‘‘FCMs’’).

EFFECTIVE DATE: March 15, 1995.

FOR FURTHER INFORMATION CONTACT:

Lawrence B. Patent, Associate Chief

Counsel, or Lawrence T. Eckert,

Attorney Adviser, Division of Trading

and Markets, Commodity Futures

Trading Commission, 2033 K Street

N.W., Washington D.C. 20581.

Telephone (202) 254–8955.

SUPPLEMENTARY INFORMATION:

Background

On December 28, 1994, the

Commission published notice of the

adoption of Rules 1.14 and 1.15 to

implement the risk assessment authority

set forth in Section 4f(c) of the

Commodity Exchange Act. The rules

generally require FCMs that are subject

to the rules to maintain and file with the

Commission certain information

concerning their financial activities and

the activities of their material affiliates.

Rule 1.15(a)(1) required that each

FCM subject to the rule file copies of its

organizational chart and financial,

operational and risk management

policies, procedures and systems ‘‘with

the regional office with which it files

periodic financial reports and with its

designated self-regulatory organization

* * *’’ Rule 1.15(a)(2), however,

required that an FCM’s consolidated

and consolidating financial statements

be filed only with ‘‘the regional office

with which [the FCM] files periodic

financial reports * * *’’ The inclusion

of a filing requirement with the FCM’s

designated self-regulatory organization

(‘‘DSRO’’) in Rule 1.15(a)(1) was

inadvertent and is at odds with the

Commission’s intent as discussed in the

preamble to the Federal Register release

accompanying the risk assessment rules.

In discussing the degree of

confidentiality to be afforded

information filed by FCMs with the

Commission under the risk assessment

rules, and in particular the issue of

whether risk assessment information

should be made available to selfregulatory organizations, the

Commission stated that ‘‘[t]he

Commission recognizes the sensitivity

of certain information required to be

reported under these rules [and] * * *

plans to make the information reported

to it available only on an as-needed

basis, as determined in its sole

discretion.’’ 1 Because the inclusion of a

requirement that FCMs file certain

information with their DSROs was not

intended, the Commission is publishing

this notice deleting from Rule 1.15(a)(1)

and (a)(4) the references to a filing

requirement with FCMs’ DSROs.

Need for Correction

As published, the final rules contain

errors which may prove to be

misleading and are in need of

clarification.

List of Subjects in 17 CFR Part 1

Commodity futures consumer

protection, Reporting and recordkeeping

requirements.

Correction of Publication

Accordingly, the publication on

December 28, 1994 of the final rules (59

FR 66674) which were the subject of FR

Doc. 94–31828, is corrected as follows:

PART 1—[CORRECTED]

On pages 66690 and 66691 paragraphs

(a)(1) introductory text and (a)(4) of

§ 1.15 are corrected to read as follows:

§ 1.15 Risk assessment reporting

requirements for futures commission

merchants.

(a) Reporting requirements with

respect to information required to be

maintained by § 1.14. (1) Each futures

commission merchant registered with

the Commission pursuant to Section 4d

of the Act, unless exempt pursuant to

paragraph (c) of this section, shall file

the following with the regional office

with which it files periodic financial

reports by no later than April 30, 1995,

provided that in the case of a futures

commission merchant whose

registration becomes effective after

December 31, 1994, such futures

commission merchant shall file the

following within 60 calendar days after

the effective date of such registration, or

by April 30, 1995, whichever comes

later:

* * * * *
13902 Federal Register / Vol. 60, No. 50 / Wednesday, March 15, 1995 / Rules and Regulations

(4) The reports required to be filed

pursuant to paragraphs (a)(1) and (a)(2)

of this section shall be considered filed

when received by the regional office of

the Commission with whom the futures

commission files financial reports

pursuant to § 1.10.

* * * * *

Issued in Washington, D.C. on March 8,

1995, by the Commission.

Jean A. Webb,

Secretary of the Commission.

[FR Doc. 95–6212 Filed 3–14–95; 8:45 am]

BILLING CODE 6351–01–P

DEPARTMENT OF JUSTICE

Office of the Attorney General

28 CFR Part 40

[AG Order No. 1955–95]

Standards for Inmate Grievance

Procedures

AGENCY: Department of Justice.

ACTION: Interim rule with request for

comments.

SUMMARY: This interim rule modifies the

standards for state prison inmate

grievance procedures to allow for

certification of a procedure which, if not

in substantial compliance with

minimum standards promulgated by the

Attorney General, nevertheless is found

by the Attorney General to be otherwise

fair and effective. This interim rule also

adjusts the time limits for processing

grievances to help ensure final

disposition within the period of time

allowed for judicial continuance. These

amendments are necessary to

implement new statutory authority .

DATES: This interim rule is effective

March 15, 1995; comments must be

submitted on or before May 15, 1995.

ADDRESSES: Please submit comments to

Office of General Counsel, Bureau of

Prisons, HOLC room 709, 320 First

Street NW., Washington, DC 20534.

FOR FURTHER INFORMATION CONTACT:

John Megathlin, Administrator, National

Inmate Appeals, Federal Bureau of

Prisons, 320 First Street NW.,

Washington, DC 20534, telephone (202)

514–6165.

SUPPLEMENTARY INFORMATION:

Background

In an effort to reduce unnecessary

prisoner litigation, Congress enacted the

Civil Rights of Institutionalized Persons

Act (42 U.S.C. 1997). Section 7 of the

Act, 42 U.S.C. 1997e, adopted a

qualified exhaustion requirement for

civil rights actions filed by state

prisoners in federal district court under

42 U.S.C. 1983. That section allowed the

court, if appropriate and in the interests

of justice, to continue proceedings for a

period of 90 days in order to compel

prisoners to exhaust local

administrative prison grievance

procedures. Exhaustion could not be

required unless the Attorney General

had certified or the court had

determined that such administrative

grievance procedure was in substantial

compliance with the minimum

standards promulgated by the Attorney

General pursuant to 42 U.S.C. 1997e(b).

The Violent Crime Control and Law

Enforcement Act of 1994 (Pub. L. 103–

322) amended 42 U.S.C. 1997e. As

amended, 42 U.S.C. 1997e now allows

the court to continue proceedings for up

to 180 days. In addition, exhaustion

may be required if the Attorney General

certifies or the court determines that the

administrative grievance procedure in

question, even if it is not in compliance

with the minimum standards

promulgated by the Attorney General, is

‘‘otherwise fair and effective.’’

This interim rule accordingly revises

§ 40.11 in 28 CFR part 40 in order to

address the evaluation of an applicant’s

submission under the ‘‘otherwise fair

and effective’’ standard as well as under

the existing standards. Sections 40.14,

40.15, 40.16, 40.18 (a) and (b), 40.19(a),

and 40.22 are amended to include

reference to determination that a

grievance procedure is otherwise fair

and effective.

In addition, § 40.7(e) is amended to

specify that in all instances grievances

must be processed from initiation to

final disposition within 180 days,

including any extensions. Formerly,

paragraph (e) had required final

disposition within 90 days, excluding

any extension of time agreed to in

writing by the grievant. This

amendment is intended to provide

applicants the flexibility to set time

limits for the final disposition of

grievances within the extended period

of time allowed under newly revised 42

U.S.C. 1997e(a)(1). As revised,

paragraph (e) no longer requires written

consent from the grievant for an

extension of time on a response.

However, notification to the grievant of

an extension of time for a response at

any stage of the process remains

necessary in order to require exhaustion

of that stage.

Regulatory Process Matters

The Department of Justice’s

implementation of this rule as an

interim rule, with provisions for postpromulgation public comment, is based

on the ‘‘good cause’’ exception of 5

U.S.C. 553(d)(3). This rule is necessary

to conform existing regulations to recent

statutory amendments. Immediate

implementation will allow the Attorney

General to use without undue delay the

statutory ‘‘otherwise fair and effective’’

standard in consideration of current

applications by States or local

jurisdictions for certification, and

consequently reduce regulatory burdens

on these government entities.

The Attorney General has determined

that this rule is not a significant

regulatory action under Executive Order

12866, section 3(f), and accordingly this

rule was not reviewed by the Office of

Management and Budget. This rule does

not have federalism implications

warranting the preparation of a

Federalism Assessment in accordance

with section 6 of Executive Order

12612. The Attorney General, in

accordance with the Regulatory

Flexibility Act (5 U.S.C. 605(b)), has

reviewed this regulation and by

approving it certifies that this regulation

will not have a significant economic

impact on a substantial number of small

entities.

List of Subjects in 28 CFR Part 40

Administrative practice and

procedure, Civil rights, Inmate

grievance procedures, Prisoners.

Accordingly, by virtue of the

authority vested in the Attorney General

by law, including 5 U.S.C. 301, 28

U.S.C. 509, and 42 U.S.C. 1997e, part 40

of Chapter I of title 28 of the Code of

Federal Regulations is amended as

follows:

PART 40—STANDARDS FOR INMATE

GRIEVANCE PROCEDURES

1. The authority citation for part 40

continues to read as follows:

Authority: 42 U.S.C. 1997e.

2. In § 40.7, paragraph (e) is revised to

read as follows:

§ 40.7 Operation and decision.

* * * * *

(e) Fixed time limits. Responses shall

be made within fixed time limits at each

level of decision. Time limits may vary

between institutions, but expeditious

processing of grievances at each level of

decision is essential to prevent

grievance from becoming moot. Unless

the grievant has been notified of an

extension of time for a response,

expiration of a time limit at any stage of

the process shall entitle the grievant to

move to the next stage of the process. In

all instances grievances must be

processed from initiation to final