81 FR 17385 - Law Enforcement Reporting

DEPARTMENT OF DEFENSE
Department of the Army

Federal Register Volume 81, Issue 60 (March 29, 2016)

Page Range		17385-17386
FR Document		2016-07054

This rule adopts as final, with minor administrative changes, an interim rule of the Department of the Army to amend its regulation concerning law enforcement reporting for a number of statutory requirements to better coordinate law enforcement work and personnel both within the Department of the Army, across the Department of Defense (DoD), and with other Federal, State, and local law enforcement officials. The Department of the Army is making minor administrative changes based on the name change of a form and reporting system mentioned in the rule. The Centralized Operations Police Suite (COPS) Military Police Reporting System (MPRS) name is changed to Army Law Enforcement Reporting and Tracking System (ALERTS). The Department of the Army Form 3975, ``Military Police Report'' name was changed to ``Law Enforcement Report''.

Federal Register, Volume 81 Issue 60 (Tuesday, March 29, 2016)

[Federal Register Volume 81, Number 60 (Tuesday, March 29, 2016)]
[Rules and Regulations]
[Pages 17385-17386]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-07054]


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DEPARTMENT OF DEFENSE

Department of the Army

32 CFR Part 635

[Docket No. USA-2010-0020]
RIN 0702-AA62


Law Enforcement Reporting

AGENCY: Department of the Army, DoD.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This rule adopts as final, with minor administrative changes, 
an interim rule of the Department of the Army to amend its regulation 
concerning law enforcement reporting for a number of statutory 
requirements to better coordinate law enforcement work and personnel 
both within the Department of the Army, across the Department of 
Defense (DoD), and with other Federal, State, and local law enforcement 
officials. The Department of the Army is making minor administrative 
changes based on the name change of a form and reporting system 
mentioned in the rule. The Centralized Operations Police Suite (COPS) 
Military Police Reporting System (MPRS) name is changed to Army Law 
Enforcement Reporting and Tracking System (ALERTS). The Department of 
the Army Form 3975, ``Military Police Report'' name was changed to 
``Law Enforcement Report''.

DATES: Effective April 28, 2016.

FOR FURTHER INFORMATION CONTACT: Ms. Katherine Brennan, (703) 692-6721.

SUPPLEMENTARY INFORMATION: On May 19, 2015, the Department of the Army 
published an interim rule in the Federal Register (80 FR 28545), as 32 
CFR part 635, to amend its regulation concerning law enforcement 
reporting for a number of statutory requirements to better coordinate 
law enforcement work and personnel both within the Department of the 
Army, across DoD, and with other Federal, State, and local law 
enforcement officials.
    The interim rule met law enforcement reporting requirements for 
selected criminal and national security incidents and provides law 
enforcement agencies, such as the Department of Homeland Security and 
Transportation Security Administration, with the most current 
information available. It also provided the Army chain of command with 
timely criminal information to respond to queries from the Department 
of Defense, the news media, and others. The rule established policies 
and procedures for offense and serious-incident reporting with the 
Army; for reporting to DoD and the Department of Justice, as 
appropriate; and for participating in the Federal Bureau of 
Investigation's National Crime Information Center, the Department of 
Justice's Criminal Justice Information System, the National Law 
Enforcement Telecommunications System, and State criminal justice 
systems. It also updated various reporting requirements described in 
various Federal statutes.

I. Public Comments

    The publication of this rule finalizes the interim final rule 
published on May 19, 2015, and will ensure the Army is in compliance 
with multiple Department of Defense and Federal requirements. No 
comments were received on the interim rule; however, the Department of 
the Army is making minor administrative changes based on the name 
change of a form and reporting system mentioned in the rule.

II. Cost and Benefits

    This rule will not have a monetary effect upon the public. This 
rule facilitates information sharing between authorized agencies to 
enhance protection of personnel and resources critical to DoD mission 
assurance.

III. Retrospective Review

    The revisions to this rule will be reported in future status 
updates as part of DoD's retrospective plan under Executive Order 13563 
completed in August 2011. DoD's full plan can be

[[Page 17386]]

accessed at: http://www.regulations.gov/#!docketDetail;D=DOD-2011-OS-
0036.

IV. Regulatory Procedures

A. Regulatory Flexibility Act

    The Department of the Army has determined that the Regulatory 
Flexibility Act does not apply because the rule does not have a 
significant economic impact on a substantial number of small entities 
within the meaning of the Regulatory Flexibility Act, 5 U.S.C. 601-612.

B. Unfunded Mandates Reform Act

    The Department of the Army has determined that the Unfunded 
Mandates Reform Act does not apply because the rule does not include a 
mandate that may result in estimated costs to State, local or tribal 
governments in the aggregate, or the private sector, of $100 million or 
more.

C. National Environmental Policy Act

    The Department of the Army has determined that the National 
Environmental Policy Act does not apply because the rule does not have 
an adverse impact on the environment.

D. Paperwork Reduction Act

    It has been certified that this rule does impose reporting or 
recordkeeping requirements under the Paperwork Reduction Act of 1995. 
OMB has approved these requirements under OMB Control Number 0702-0128.

E. Executive Order 12630 (Government Actions and Interference With 
Constitutionally Protected Property Rights)

    The Department of the Army has determined that Executive Order 
12630 does not apply because the rule does not impair private property 
rights.

F. Executive Order 12866 (Regulatory Planning and Review) and Executive 
Order 13563 (Improving Regulation and Regulatory Review)

    The Department of the Army has determined that according to the 
criteria defined in Executive Order 12866 and Executive Order 13563 
this rule is not a significant regulatory action.

G. Executive Order 13045 (Protection of Children From Environmental 
Health Risk and Safety Risks)

    The Department of the Army has determined that the criteria of 
Executive Order 13045 do not apply because this rule does not implement 
or require actions impacting environmental health and safety risks on 
children.

H. Executive Order 13132 (Federalism)

    The Department of the Army has determined that the criteria of 
Executive Order 13132 do not apply because this rule will not have a 
substantial effect on the States, on the relationship between the 
national government and the States, or on the distribution of power and 
responsibilities among the various levels of government.

List of Subjects in 32 CFR Part 635

    Crime, Law, Law enforcement, Law enforcement officers, Military 
law.

Thomas Blair,
Chief, Law Enforcement Branch, Operations Division, Office of the 
Provost Marshal General, DA.

    For reasons stated in the preamble the Department of the Army 
amends 32 CFR part 635 as follows:

PART 635--LAW ENFORCEMENT REPORTING

0
1. The authority citation for part 635 continues to read as follows:

    Authority:  28 U.S.C. 534, 42 U.S.C. 10601, 18 U.S.C. 922, 10 
U.S.C. 1562, 10 U.S.C. Chap. 47, 42 U.S.C. 16901 et seq., 10 U.S.C. 
1565, 42 U.S.C. 14135a.


Sec.  635.1  [Amended]

0
2. Amend Sec.  635.1 by removing ``MPR'' and adding in its place ``Law 
Enforcement Report''.


Sec.  635.3  [Amended]

0
3. Amend Sec.  635.3 by removing ``MPRs'' and adding in its place ``law 
enforcement reports'' in paragraph (c) introductory text and paragraph 
(c)(2).

0
4. Amend Sec.  635.5 by:
0
a. Revising paragraph (b).
0
b. Removing ``COPS MPRS'' and adding in its place ``ALERTS'' in 
paragraphs (d) and (e) introductory text.
0
c. Removing ``COPS MPRS'' and adding in its place ``ALERTS'' in 
paragraph (e)(4) the first time it appears and removing ``COPS MPRS 
system'' and adding in its place ``ALERTS'' at the end of paragraph 
(e)(4).
    The revision reads as follows:


Sec.  635.5  Name checks.

* * * * *
    (b) Checks will be accomplished by a review of the Army's Law 
Enforcement Reporting and Tracking System (ALERTS). Information will be 
disseminated according to subpart B of this part.
* * * * *

0
5. Amend Sec.  635.6 by:
0
a. Removing ``Department of the Army Form 3975'' and adding in its 
place ``Raw Data File'' and removing ``Army's Centralized Operations 
Police Suite (COPS)'' and adding in its place ``Army's Law Enforcement 
Reporting and Tracking System (ALERTS)'' in paragraph (c).
0
b. Revising paragraphs (e)(1) and (2).
    The revisions read as follows:


Sec.  635.6  Registration of sex offenders on Army installations 
(inside and outside the Continental United States).

* * * * *
    (e) * * *
    (1) Complete a Raw Data File as an information entry into ALERTS.
    (2) Ensure the sex offender produces either evidence of the 
qualifying conviction or the sex offender registration paperwork in 
order to complete the narrative with the state in which the sex 
offender was convicted, date of conviction, and results of conviction, 
to include length of time required to register and any specific court 
ordered restrictions.
* * * * *


Sec.  635.8  [Amended]

    e. Amend Sec.  635.8 by removing ``MPR'' and adding in its place 
``Law Enforcement Report'' in paragraph (d)(3).


Sec.  635.17  [Amended]

    f. Amend Sec.  635.17 by removing ``COPS'' and adding in its place 
``ALERTS'' in paragraph (b) introductory text.

[FR Doc. 2016-07054 Filed 3-28-16; 8:45 am]
 BILLING CODE 5001-03-P

Federal Register / Vol. 81, No. 60 / Tuesday, March 29, 2016 / Rules and Regulations 17385

Extracted From Nuclear Weapons’’ (E.O. requirements that would require the DATES: Effective April 28, 2016.
13617). In E.O. 13617, the President approval of the Office of Management FOR FURTHER INFORMATION CONTACT: Ms.
found that the risk of nuclear and Budget under 44 U.S.C. 3501 et seq. Katherine Brennan, (703) 692–6721.
proliferation created by the SUPPLEMENTARY INFORMATION: On May
List of Subjects in 31 CFR Part 540
accumulation of a large volume of 19, 2015, the Department of the Army
weapons-usable fissile material in the Administrative practice and published an interim rule in the Federal
territory of the Russian Federation procedure, Blocking of assets, Register (80 FR 28545), as 32 CFR part
constituted an unusual and Government of the Russian Federation, 635, to amend its regulation concerning
extraordinary threat to the national HEU Agreement, Nuclear materials, law enforcement reporting for a number
security and foreign policy of the United Penalties, Reporting and recordkeeping of statutory requirements to better
States, and declared a new national requirements, Uranium. coordinate law enforcement work and
emergency to deal with that threat. The For the reasons set forth in the personnel both within the Department
President issued E.O. 13617 to continue preamble, and under the authority of 3 of the Army, across DoD, and with other
to protect the same property and U.S.C. 301; 50 U.S.C. 1601–1651; E.O. Federal, State, and local law
interests in property that had been 13159, 66 FR 39279, 3 CFR, 2001 enforcement officials.
blocked pursuant to the national Comp., p. 277; E.O. 13617, 77 FR 38459, The interim rule met law enforcement
emergency declared in E.O. 13159. 3 CFR, 2013 Comp., p. 217; E.O. 13695, reporting requirements for selected
On May 26, 2015, the President issued 80 FR 30331, OFAC amends 31 CFR criminal and national security incidents
Executive Order 13695, ‘‘Termination of chapter V as follows: and provides law enforcement agencies,
Emergency With Respect to the Risk of such as the Department of Homeland
Nuclear Proliferation Created by the PART 540—[REMOVED] Security and Transportation Security
Accumulation of a Large Volume of Administration, with the most current
Weapons-Usable Fissile Material in the ■ 1. Remove part 540.
information available. It also provided
Territory of the Russian Federation’’ Dated: March 22, 2016. the Army chain of command with
(E.O. 13695). In E.O. 13695, the John E. Smith, timely criminal information to respond
President found that the situation that Acting Director, Office of Foreign Assets to queries from the Department of
gave rise to the declaration of a national Control. Defense, the news media, and others.
emergency in E.O. 13617 had been [FR Doc. 2016–06874 Filed 3–28–16; 8:45 am] The rule established policies and
significantly altered by the successful BILLING CODE P procedures for offense and serious-
implementation of the HEU Agreements. incident reporting with the Army; for
As a result, he terminated the national reporting to DoD and the Department of
emergency declared in E.O. 13617 and Justice, as appropriate; and for
DEPARTMENT OF DEFENSE
revoked that order, noting that, pursuant participating in the Federal Bureau of
to section 202 of the NEA (50 U.S.C. Department of the Army Investigation’s National Crime
1622), termination of the national Information Center, the Department of
emergency shall not affect any action 32 CFR Part 635 Justice’s Criminal Justice Information
taken or proceeding pending that was System, the National Law Enforcement
not fully concluded or determined as of [Docket No. USA–2010–0020] Telecommunications System, and State
the date of E.O. 13695, any action or RIN 0702–AA62 criminal justice systems. It also updated
proceeding based on any act committed various reporting requirements
prior to such date, or any rights or Law Enforcement Reporting described in various Federal statutes.
duties that matured or penalties that
were incurred prior to such date. AGENCY: Department of the Army, DoD. I. Public Comments
Accordingly, OFAC is removing the ACTION: Final rule. The publication of this rule finalizes
Regulations from the Code of Federal the interim final rule published on May
Regulations. Removal of this part does SUMMARY: This rule adopts as final, with 19, 2015, and will ensure the Army is
not affect ongoing enforcement minor administrative changes, an in compliance with multiple
proceedings or prevent the initiation of interim rule of the Department of the Department of Defense and Federal
enforcement proceedings with respect to Army to amend its regulation requirements. No comments were
violations of the Regulations or of E.O. concerning law enforcement reporting received on the interim rule; however,
13617 when they were in effect. for a number of statutory requirements the Department of the Army is making
to better coordinate law enforcement minor administrative changes based on
Public Participation work and personnel both within the the name change of a form and reporting
Because the Regulations involve a Department of the Army, across the system mentioned in the rule.
foreign affairs function, the provisions Department of Defense (DoD), and with
of Executive Order 12866 and the other Federal, State, and local law II. Cost and Benefits
Administrative Procedure Act (5 U.S.C. enforcement officials. The Department This rule will not have a monetary
553) requiring notice of proposed of the Army is making minor effect upon the public. This rule
rulemaking, opportunity for public administrative changes based on the facilitates information sharing between
participation, and delay in effective date name change of a form and reporting authorized agencies to enhance
are inapplicable. Because no notice of system mentioned in the rule. The protection of personnel and resources
proposed rulemaking is required for this Centralized Operations Police Suite critical to DoD mission assurance.
mstockstill on DSK4VPTVN1PROD with RULES

rule, the Regulatory Flexibility Act (5 (COPS) Military Police Reporting
System (MPRS) name is changed to III. Retrospective Review
U.S.C. 601–612) does not apply.
Army Law Enforcement Reporting and The revisions to this rule will be
Paperwork Reduction Act Tracking System (ALERTS). The reported in future status updates as part
The Paperwork Reduction Act does Department of the Army Form 3975, of DoD’s retrospective plan under
not apply because this rule does not ‘‘Military Police Report’’ name was Executive Order 13563 completed in
impose information collection changed to ‘‘Law Enforcement Report’’. August 2011. DoD’s full plan can be

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17386 Federal Register / Vol. 81, No. 60 / Tuesday, March 29, 2016 / Rules and Regulations

accessed at: http://www.regulations.gov/ H. Executive Order 13132 (Federalism) Centralized Operations Police Suite
#!docketDetail;D=DOD-2011-OS-0036. The Department of the Army has (COPS)’’ and adding in its place
determined that the criteria of Executive ‘‘Army’s Law Enforcement Reporting
IV. Regulatory Procedures
Order 13132 do not apply because this and Tracking System (ALERTS)’’ in
A. Regulatory Flexibility Act rule will not have a substantial effect on paragraph (c).
■ b. Revising paragraphs (e)(1) and (2).
The Department of the Army has the States, on the relationship between
The revisions read as follows:
determined that the Regulatory the national government and the States,
Flexibility Act does not apply because or on the distribution of power and § 635.6 Registration of sex offenders on
the rule does not have a significant responsibilities among the various Army installations (inside and outside the
levels of government. Continental United States).
economic impact on a substantial
number of small entities within the * * * * *
List of Subjects in 32 CFR Part 635 (e) * * *
meaning of the Regulatory Flexibility
Act, 5 U.S.C. 601–612. Crime, Law, Law enforcement, Law (1) Complete a Raw Data File as an
enforcement officers, Military law. information entry into ALERTS.
B. Unfunded Mandates Reform Act (2) Ensure the sex offender produces
Thomas Blair, either evidence of the qualifying
The Department of the Army has Chief, Law Enforcement Branch, Operations conviction or the sex offender
determined that the Unfunded Division, Office of the Provost Marshal registration paperwork in order to
Mandates Reform Act does not apply General, DA.
complete the narrative with the state in
because the rule does not include a For reasons stated in the preamble the which the sex offender was convicted,
mandate that may result in estimated Department of the Army amends 32 CFR date of conviction, and results of
costs to State, local or tribal part 635 as follows: conviction, to include length of time
governments in the aggregate, or the required to register and any specific
private sector, of $100 million or more. PART 635—LAW ENFORCEMENT court ordered restrictions.
REPORTING
C. National Environmental Policy Act * * * * *
The Department of the Army has ■ 1. The authority citation for part 635 § 635.8 [Amended]
determined that the National continues to read as follows:
e. Amend § 635.8 by removing ‘‘MPR’’
Environmental Policy Act does not Authority: 28 U.S.C. 534, 42 U.S.C. 10601, and adding in its place ‘‘Law
apply because the rule does not have an 18 U.S.C. 922, 10 U.S.C. 1562, 10 U.S.C. Enforcement Report’’ in paragraph
adverse impact on the environment. Chap. 47, 42 U.S.C. 16901 et seq., 10 U.S.C.
(d)(3).
1565, 42 U.S.C. 14135a.
D. Paperwork Reduction Act § 635.17 [Amended]
§ 635.1 [Amended]
It has been certified that this rule does f. Amend § 635.17 by removing
■ 2. Amend § 635.1 by removing ‘‘MPR’’ ‘‘COPS’’ and adding in its place
impose reporting or recordkeeping and adding in its place ‘‘Law
requirements under the Paperwork ‘‘ALERTS’’ in paragraph (b)
Enforcement Report’’. introductory text.
Reduction Act of 1995. OMB has
approved these requirements under § 635.3 [Amended] [FR Doc. 2016–07054 Filed 3–28–16; 8:45 am]
OMB Control Number 0702–0128. ■ 3. Amend § 635.3 by removing BILLING CODE 5001–03–P

E. Executive Order 12630 (Government ‘‘MPRs’’ and adding in its place ‘‘law
Actions and Interference With enforcement reports’’ in paragraph (c)
introductory text and paragraph (c)(2). DEPARTMENT OF HOMELAND
Constitutionally Protected Property
■ 4. Amend § 635.5 by:
SECURITY
Rights)
■ a. Revising paragraph (b).
The Department of the Army has Coast Guard
■ b. Removing ‘‘COPS MPRS’’ and
determined that Executive Order 12630 adding in its place ‘‘ALERTS’’ in
does not apply because the rule does not 33 CFR Part 117
paragraphs (d) and (e) introductory text.
impair private property rights. ■ c. Removing ‘‘COPS MPRS’’ and [Docket No. USCG–2016–0230]
F. Executive Order 12866 (Regulatory adding in its place ‘‘ALERTS’’ in
paragraph (e)(4) the first time it appears Drawbridge Operation Regulation;
Planning and Review) and Executive Lake Washington Ship Canal, Seattle,
Order 13563 (Improving Regulation and and removing ‘‘COPS MPRS system’’
and adding in its place ‘‘ALERTS’’ at the WA
Regulatory Review)
end of paragraph (e)(4). AGENCY: Coast Guard, DHS.
The Department of the Army has The revision reads as follows: ACTION:Notice of deviation from
determined that according to the criteria
§ 635.5 Name checks. drawbridge regulation.
defined in Executive Order 12866 and
Executive Order 13563 this rule is not * * * * * SUMMARY: The Coast Guard has issued a
a significant regulatory action. (b) Checks will be accomplished by a temporary deviation from the operating
review of the Army’s Law Enforcement schedule that governs the University
G. Executive Order 13045 (Protection of Reporting and Tracking System
Children From Environmental Health Bridge, mile 4.3, and the Montlake
(ALERTS). Information will be Bridge, mile 5.2, both crossing Lake
Risk and Safety Risks)
mstockstill on DSK4VPTVN1PROD with RULES

disseminated according to subpart B of Washington Ship Canal at Seattle, WA.
The Department of the Army has this part. The deviation is necessary to
determined that the criteria of Executive * * * * * accommodate the ‘‘Beat the Bridge’’ foot
Order 13045 do not apply because this ■ 5. Amend § 635.6 by: race event. This deviation allows the
rule does not implement or require ■ a. Removing ‘‘Department of the Army bridges to remain in the closed-to-
actions impacting environmental health Form 3975’’ and adding in its place navigation position to allow for the safe
and safety risks on children. ‘‘Raw Data File’’ and removing ‘‘Army’s movement of event participants.

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Document Created: 2016-03-30 08:28:49
Document Modified: 2016-03-30 08:28:49

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Final rule.
Dates		Effective April 28, 2016.
Contact		Ms. Katherine Brennan, (703) 692-6721.
FR Citation		81 FR 17385
RIN Number		0702-AA62
CFR Associated		Crime; Law; Law Enforcement; Law Enforcement Officers and Military Law

81 FR 17385 - Law Enforcement Reporting

DEPARTMENT OF DEFENSEDepartment of the Army

Federal Register Volume 81, Issue 60 (March 29, 2016)

DEPARTMENT OF DEFENSE
Department of the Army