81 FR 1880 - Designation of Offenses

DEPARTMENT OF JUSTICE
Bureau of Prisons

Federal Register Volume 81, Issue 9 (January 14, 2016)

The Bureau of Prisons (Bureau) removes rules which designated various offenses as sexual offenses for purposes of 18 U.S.C. 4042(c) because that provision, which necessitated regulations, has been repealed in relevant part.

[Federal Register Volume 81, Number 9 (Thursday, January 14, 2016)]
[Rules and Regulations]
[Pages 1880-1881]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-00385]


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DEPARTMENT OF JUSTICE

Bureau of Prisons

28 CFR Part 571

[BOP-1090-F]
RIN 1120-AA85


Designation of Offenses

AGENCY: Federal Bureau of Prisons.

ACTION: Final rule.

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SUMMARY: The Bureau of Prisons (Bureau) removes rules which designated 
various offenses as sexual offenses for purposes of 18 U.S.C. 4042(c) 
because that provision, which necessitated regulations, has been 
repealed in relevant part.

DATES: This rule is effective on February 16, 2016.

FOR FURTHER INFORMATION CONTACT: Sarah Qureshi, Office of General 
Counsel, Bureau of Prisons, phone (202) 307-2105.

SUPPLEMENTARY INFORMATION: The Bureau removes rules which designated 
various offenses as sexual offenses for purposes of 18 U.S.C. 4042(c) 
because that provision, which necessitated regulations, has been 
repealed in relevant part. The Bureau published a proposed rule on this 
subject on February 8, 2013 (78 FR 9353). We received no comments on 
the proposed rule.
    Previously, section 4042(c) of Title 18, United States Code, 
effective November 26, 1998, provided for notification of sex offender 
release and certain related functions to facilitate effective sex 
offender registration and tracking. Notifications were required to be 
made for persons convicted of the federal offenses noted in subsection 
(c)(4)(A) through (D). Subsection (c)(4)(E) authorized the Attorney 
General to designate other offenses as sexual offenses for purposes of 
subsection (c). The Attorney General delegated this authority to the 
Director of the Bureau of Prisons. (See 63 FR 69386, December 16, 1998, 
``1998 interim rule''.)
    The 1998 interim rule designated additional offenses which are to 
be considered sexual offenses for purposes of 18 U.S.C. 4042(c). These 
additional designations, listed in current Sec.  571.72, include state 
sexual offenses, District of Columbia Code sexual offenses, and certain 
Uniform Code of Military Justice offenses.
    The regulations, therefore, were specifically promulgated in 
accordance with language in Sec.  4042(c)(4)(E) providing that offenses 
in addition to those specifically enumerated at Sec.  4042(c)(4)(A)-(D) 
may be ``designated by the Attorney General as a sexual offense for the 
purposes of this subsection.''
    However, 18 U.S.C. 4042(c)(4) was repealed by the Sex Offender 
Registration and Notification Act (SORNA), which is Title I of the Adam 
Walsh Child Protection and Safety Act of 2006 (Pub. L. 109-248). 
Because the revised Sec.  4042(c) requires release notice for persons 
required to register under SORNA, the Bureau no longer needs to 
separately designate sexual offenses in addition to those set forth by 
the statute. The offenses previously listed in the regulation are 
generally incorporated in SORNA's comprehensive list of covered 
offenses, thereby rendering the Bureau's current regulations in subpart 
H of 28 CFR part 571 unnecessary. We therefore now remove and reserve 
28 CFR part 571, subpart H.

Executive Orders 12866 and 13563--Regulatory Review

    This regulation has been drafted and reviewed in accordance with 
Executive Order 12866, ``Regulatory Planning and Review'' section 1(b), 
Principles of Regulation and in accordance with Executive Order 13563 
``Improving Regulation and Regulatory Review'' section 1(b) General 
Principles of Regulation.
    The Department of Justice has determined that this rule is not a 
``significant regulatory action'' under Executive Order 12866, section 
3(f), Regulatory Planning and Review, and accordingly this rule has not 
been reviewed by the Office of Management and Budget.
    Further, both Executive Orders 12866 and 13563 direct agencies to 
assess all costs and benefits of available regulatory alternatives and, 
if regulation is necessary, to select regulatory approaches that 
maximize net benefits (including potential economic, environmental, 
public health and safety effects, distributive impacts, and equity). 
Executive Order 13563 emphasizes the importance of quantifying both 
costs and benefits, of reducing costs, of harmonizing rules, and of 
promoting flexibility. The Department has assessed the costs and 
benefits of this regulation and believes that the regulatory approach 
selected maximizes net benefits.

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. 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.

[[Page 1881]]

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 of 1996

    This rule is not a major rule as defined by Sec.  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 foreign-
based companies in domestic and export markets.

List of Subjects in 28 CFR Part 571

    Prisoners.

Charles E. Samuels, Jr.,
Director, Bureau of Prisons.

    Under rulemaking authority vested in the Attorney General in 5 
U.S.C. 301 and 28 U.S.C. 509, 510, and delegated to the Director, 
Bureau of Prisons in 28 CFR 0.96, we amend 28 CFR part 571 as set forth 
below.

SUBCHAPTER D--COMMUNITY PROGRAMS AND RELEASE

PART 571--RELEASE FROM CUSTODY

0
1. The authority citation for 28 CFR part 571 continues to read as 
follows:

    Authority:  5 U.S.C. 301; 18 U.S.C. 3565, 3568-3569 (Repealed in 
part as to offenses committed on or after November 1, 1987), 3582, 
3621, 3622, 3624, 4001, 4042, 4081, 4082 (Repealed in part as to 
offenses committed on or after November 1, 1987), 4161-4166 and 
4201-4218 (Repealed as to offenses committed on or after November 1, 
1987), 5006-5024 (Repealed October 12, 1984 as to offenses committed 
after that date), 5031-5042; 28 U.S.C. 509, 510; U.S. Const., Art. 
II, Sec. 2; 28 CFR 0.95-0.99, 1.1-1.10.

Subpart H--[Removed and Reserved]

0
2. Subpart H, Designation of Offenses for Purposes of 18 U.S.C. 4042(c) 
is removed and reserved.

[FR Doc. 2016-00385 Filed 1-13-16; 8:45 am]
 BILLING CODE 4410-05-P