81 FR 1880 - Designation of Offenses

DEPARTMENT OF JUSTICE
Bureau of Prisons

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

Page Range		1880-1881
FR Document		2016-00385

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as sexual offenses for purposes of 18 U.S.C. 4042(c) because that provision, which necessitated regulations, has been repealed in relevant part.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 Issue 9 (Thursday, January 14, 2016)

[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.

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

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repealed in relevant part.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repealed in relevant part.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

1880 Federal Register / Vol. 81, No. 9 / Thursday, January 14, 2016 / Rules and Regulations

4200, Long Beach, CA 90802, and must SUPPLEMENTARY INFORMATION: The Executive Orders 12866 and 13563—
include the vessel’s name, the vessel’s Bureau removes rules which designated Regulatory Review
official number, a description of the various offenses as sexual offenses for
steps taken to request an IMO number, purposes of 18 U.S.C. 4042(c) because This regulation has been drafted and
and a description of any responses from that provision, which necessitated reviewed in accordance with Executive
the administrator of the IMO ship regulations, has been repealed in Order 12866, ‘‘Regulatory Planning and
identification number scheme. relevant part. The Bureau published a Review’’ section 1(b), Principles of
(v) Exemption process. Upon receipt proposed rule on this subject on Regulation and in accordance with
of a request for an exemption under February 8, 2013 (78 FR 9353). We Executive Order 13563 ‘‘Improving
paragraph (b)(3)(iv) of this section, the Regulation and Regulatory Review’’
received no comments on the proposed
West Coast Regional Administrator will, section 1(b) General Principles of
rule.
to the extent he or she determines Regulation.
appropriate, assist the fishing vessel Previously, section 4042(c) of Title 18,
The Department of Justice has
owner in requesting an IMO number. If United States Code, effective November
determined that this rule is not a
the West Coast Regional Administrator 26, 1998, provided for notification of
‘‘significant regulatory action’’ under
determines that the fishing vessel owner sex offender release and certain related
Executive Order 12866, section 3(f),
has followed all appropriate procedures functions to facilitate effective sex
Regulatory Planning and Review, and
and yet is unable to obtain an IMO offender registration and tracking.
accordingly this rule has not been
number for the fishing vessel, he or she Notifications were required to be made
reviewed by the Office of Management
will issue an exemption from the for persons convicted of the federal
and Budget.
requirements of paragraph (b)(3)(iii) of offenses noted in subsection (c)(4)(A)
this section for the vessel and its owner through (D). Subsection (c)(4)(E) Further, both Executive Orders 12866
and notify the owner of the exemption. authorized the Attorney General to and 13563 direct agencies to assess all
The West Coast Regional Administrator designate other offenses as sexual costs and benefits of available regulatory
may limit the duration of the offenses for purposes of subsection (c). alternatives and, if regulation is
exemption. The West Coast Regional The Attorney General delegated this necessary, to select regulatory
Administrator may rescind an authority to the Director of the Bureau approaches that maximize net benefits
exemption at any time. If an exemption of Prisons. (See 63 FR 69386, December (including potential economic,
is rescinded, the fishing vessel owner 16, 1998, ‘‘1998 interim rule’’.) environmental, public health and safety
must comply with the requirements of effects, distributive impacts, and
The 1998 interim rule designated equity). Executive Order 13563
paragraph (b)(3)(iii) of this section
within 30 days of being notified of the additional offenses which are to be emphasizes the importance of
rescission. If the ownership of a fishing considered sexual offenses for purposes quantifying both costs and benefits, of
vessel changes, an exemption issued to of 18 U.S.C. 4042(c). These additional reducing costs, of harmonizing rules,
the former fishing vessel owner becomes designations, listed in current § 571.72, and of promoting flexibility. The
void. include state sexual offenses, District of Department has assessed the costs and
Columbia Code sexual offenses, and benefits of this regulation and believes
* * * * *
[FR Doc. 2016–00586 Filed 1–13–16; 8:45 am]
certain Uniform Code of Military Justice that the regulatory approach selected
BILLING CODE 3510–22–P
offenses. maximizes net benefits.
The regulations, therefore, were
specifically promulgated in accordance Executive Order 13132
DEPARTMENT OF JUSTICE with language in § 4042(c)(4)(E) This regulation will not have
providing that offenses in addition to substantial direct effects on the States,
Bureau of Prisons those specifically enumerated at on the relationship between the national
§ 4042(c)(4)(A)–(D) may be ‘‘designated government and the States, or on
28 CFR Part 571 by the Attorney General as a sexual distribution of power and
offense for the purposes of this responsibilities among the various
[BOP–1090–F]
subsection.’’ levels of government. Under Executive
RIN 1120–AA85 However, 18 U.S.C. 4042(c)(4) was Order 13132, this rule does not have
repealed by the Sex Offender sufficient federalism implications for
Designation of Offenses Registration and Notification Act which we would prepare a Federalism
AGENCY: Federal Bureau of Prisons. (SORNA), which is Title I of the Adam Assessment.
ACTION: Final rule. Walsh Child Protection and Safety Act Regulatory Flexibility Act
of 2006 (Pub. L. 109–248). Because the
SUMMARY: The Bureau of Prisons revised § 4042(c) requires release notice The Director of the Bureau of Prisons,
(Bureau) removes rules which for persons required to register under under the Regulatory Flexibility Act (5
designated various offenses as sexual SORNA, the Bureau no longer needs to U.S.C. 605(b)), reviewed this regulation.
offenses for purposes of 18 U.S.C. separately designate sexual offenses in By approving it, the Director certifies
4042(c) because that provision, which addition to those set forth by the statute. that it will not have a significant
necessitated regulations, has been The offenses previously listed in the economic impact upon a substantial
mstockstill on DSK4VPTVN1PROD with RULES

repealed in relevant part. regulation are generally incorporated in number of small entities because: This
DATES: This rule is effective on February SORNA’s comprehensive list of covered rule is about the correctional
16, 2016. offenses, thereby rendering the Bureau’s management of offenders committed to
FOR FURTHER INFORMATION CONTACT: current regulations in subpart H of 28 the custody of the Attorney General or
Sarah Qureshi, Office of General CFR part 571 unnecessary. We therefore the Director of the Bureau of Prisons,
Counsel, Bureau of Prisons, phone now remove and reserve 28 CFR part and its economic impact is limited to
(202) 307–2105. 571, subpart H. the Bureau’s appropriated funds.

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Federal Register / Vol. 81, No. 9 / Thursday, January 14, 2016 / Rules and Regulations 1881

Unfunded Mandates Reform Act of ENVIRONMENTAL PROTECTION including the requirements for interstate
1995 AGENCY transport of Pb emissions. This action is
being taken under section 110 of the
This rule will not cause State, local 40 CFR Part 52 Act. We did not receive any comments
and tribal governments, or the private regarding our proposed approval.
sector, to spend $100,000,000 or more in [EPA–R06–OAR–2011–0864; FRL–9941–29–
Region 6] II. Final Action
any one year, and it will not
significantly or uniquely affect small Approval and Promulgation of Air We are approving the September 8,
governments. We do not need to take Quality Implementation Plans; Texas; 2011 and October 13, 2011, submissions
action under the Unfunded Mandates Infrastructure and Interstate Transport from Texas, which address the
Reform Act of 1995. for the 2008 Lead National Ambient Air requirements of CAA sections 110(a)(1)
Small Business Regulatory Enforcement Quality Standards and (2) as applicable to the 2008 Pb
Fairness Act of 1996 NAAQS. Specifically, we are approving
AGENCY: Environmental Protection these infrastructure elements:
This rule is not a major rule as Agency (EPA). 110(a)(2)(A), (B), (C), (D), (E), (F), (G),
defined by § 804 of the Small Business ACTION: Final rule. (H), (J), (K), (L), and (M). We are also
Regulatory Enforcement Fairness Act of approving the Texas demonstration that
SUMMARY: Under the Federal Clean Air it meets the four statutory requirements
1996. This rule will not result in an
Act (CAA) the Environmental Protection for interstate transport of Pb emissions.
annual effect on the economy of
Agency (EPA) is approving a State
$100,000,000 or more; a major increase III. Statutory and Executive Order
Implementation Plan (SIP) submission
in costs or prices; or significant adverse Reviews
from the State of Texas for the 2008
effects on competition, employment,
Lead (Pb) National Ambient Air Quality Under the Clean Air Act, the
investment, productivity, innovation, or
Standards (NAAQS). The submittal Administrator is required to approve a
on the ability of United States-based
addresses how the existing SIP provides SIP submission that complies with the
companies to compete with foreign-
for implementation, maintenance, and provisions of the Act and applicable
based companies in domestic and
enforcement of the 2008 Pb NAAQS Federal regulations. 42 U.S.C. 7410(k);
export markets.
(infrastructure SIP or i-SIP). This i-SIP 40 CFR 52.02(a). Thus, in reviewing SIP
List of Subjects in 28 CFR Part 571 ensures that the State’s SIP is adequate submissions, the EPA’s role is to
to meet the state’s responsibilities under approve state choices, provided that
Prisoners. the CAA, including the four CAA they meet the criteria of the Clean Air
Charles E. Samuels, Jr., requirements for interstate transport of Act. Accordingly, this action merely
Pb emissions. approves state law as meeting Federal
Director, Bureau of Prisons.
DATES: This final rule is effective on requirements and does not impose
Under rulemaking authority vested in February 16, 2016. additional requirements beyond those
the Attorney General in 5 U.S.C. 301 ADDRESSES: The EPA has established a imposed by state law. For that reason,
and 28 U.S.C. 509, 510, and delegated docket for this action under Docket ID this action:
to the Director, Bureau of Prisons in 28 No. EPA–R06–OAR–2011–0864. All • Is not a ‘‘significant regulatory
CFR 0.96, we amend 28 CFR part 571 as documents in the docket are listed on action’’ subject to review by the Office
set forth below. the http://www.regulations.gov Web of Management and Budget under
SUBCHAPTER D—COMMUNITY site. Although listed in the index, some Executive Orders 12866 (58 FR 51735,
PROGRAMS AND RELEASE information is not publicly available, October 4, 1993) and 13563 (76 FR 3821,
e.g., Confidential Business Information January 21, 2011);
PART 571—RELEASE FROM or other information whose disclosure is • Does not impose an information
CUSTODY restricted by statute. Certain other collection burden under the provisions
material, such as copyrighted material, of the Paperwork Reduction Act (44
■ 1. The authority citation for 28 CFR is not placed on the Internet and will be U.S.C. 3501 et seq.);
part 571 continues to read as follows: publicly available only in hard copy • Is certified as not having a
form. Publicly available docket significant economic impact on a
Authority: 5 U.S.C. 301; 18 U.S.C. 3565,
3568–3569 (Repealed in part as to offenses
materials are available either substantial number of small entities
committed on or after November 1, 1987),
electronically through http:// under the Regulatory Flexibility Act (5
3582, 3621, 3622, 3624, 4001, 4042, 4081, www.regulations.gov or in hard copy at U.S.C. 601 et seq.);
4082 (Repealed in part as to offenses the EPA Region 6, 1445 Ross Avenue, • Does not contain any unfunded
committed on or after November 1, 1987), Suite 700, Dallas, Texas 75202–2733. mandate or significantly or uniquely
4161–4166 and 4201–4218 (Repealed as to FOR FURTHER INFORMATION CONTACT: affect small governments, described in
offenses committed on or after November 1, Tracie Donaldson, 214–665–6633, the Unfunded Mandates Reform Act of
1987), 5006–5024 (Repealed October 12, 1984 donaldson.tracie@epa.gov. 1995 (Pub. L. 104–4);
as to offenses committed after that date), SUPPLEMENTARY INFORMATION: • Does not have Federalism
5031–5042; 28 U.S.C. 509, 510; U.S. Const., Throughout this document ‘‘we,’’ ‘‘us,’’ implications as specified in Executive
Art. II, Sec. 2; 28 CFR 0.95–0.99, 1.1–1.10. and ‘‘our’’ means the EPA. Order 13132 (64 FR 43255, August 10,
1999);
mstockstill on DSK4VPTVN1PROD with RULES

Subpart H—[Removed and Reserved] I. Background • Is not an economically significant
The background for this action is regulatory action based on health or
■ 2. Subpart H, Designation of Offenses discussed in detail in our October 15, safety risks subject to Executive Order
for Purposes of 18 U.S.C. 4042(c) is 2015, proposal (80 FR 62003). In that 13045 (62 FR 19885, April 23, 1997);
removed and reserved. document, we proposed that the Texas • Is not a significant regulatory action
[FR Doc. 2016–00385 Filed 1–13–16; 8:45 am] i-SIP submittal for the 2008 Pb NAAQS subject to Executive Order 13211 (66 FR
BILLING CODE 4410–05–P met the requirements for an i-SIP, 28355, May 22, 2001);

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Document Created: 2016-01-14 02:51:00
Document Modified: 2016-01-14 02:51:00

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		This rule is effective on February 16, 2016.
Contact		Sarah Qureshi, Office of General Counsel, Bureau of Prisons, phone (202) 307-2105.
FR Citation		81 FR 1880
RIN Number		1120-AA85

81 FR 1880 - Designation of Offenses

DEPARTMENT OF JUSTICEBureau of Prisons

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

DEPARTMENT OF JUSTICE
Bureau of Prisons