81 FR 48462 - Notice of Public Comment Period on Proposed Uniform Language for Testimony and Reports

DEPARTMENT OF JUSTICE

Federal Register Volume 81, Issue 142 (July 25, 2016)

This notice announces the opening of the public comment period on the Proposed Uniform Language for Testimony and Reports (Proposed Uniform Language) documents for the forensic disciplines of anthropology, explosive chemistry, explosive devices, geology, hair, handwriting analysis, metallurgy, mitochondrial DNA and Y chromosome typing, and paints and polymers.

[Federal Register Volume 81, Number 142 (Monday, July 25, 2016)]
[Notices]
[Pages 48462-48464]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-17551]


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DEPARTMENT OF JUSTICE

[Docket No. OLP 159]


Notice of Public Comment Period on Proposed Uniform Language for 
Testimony and Reports

AGENCY: Department of Justice.

ACTION: Notice.

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[[Page 48463]]

SUMMARY: This notice announces the opening of the public comment period 
on the Proposed Uniform Language for Testimony and Reports (Proposed 
Uniform Language) documents for the forensic disciplines of 
anthropology, explosive chemistry, explosive devices, geology, hair, 
handwriting analysis, metallurgy, mitochondrial DNA and Y chromosome 
typing, and paints and polymers.

DATES: Written public comment regarding the Proposed Uniform Language 
should be submitted through www.regulations.gov before August 26, 2016.

FOR FURTHER INFORMATION CONTACT: The Office of Legal Policy, 950 
Pennsylvania Avenue NW., Washington, DC 20530, by phone at 202-514-4601 
or via email at [email protected].

SUPPLEMENTARY INFORMATION: As part of the Department's continued 
efforts to advance the practice of forensic science by ensuring 
Department forensic examiners are testifying and reporting consistent 
with applicable scientific standards and across Department components 
including the Bureau of Alcohol, Tobacco, Firearms and Explosives 
(ATF), the Drug Enforcement Administration (DEA), and the Federal 
Bureau of Investigation (FBI), the Department is developing Proposed 
Uniform Language that would apply to all Department forensic laboratory 
personnel. The Proposed Uniform Language documents are based on the 
Federal Bureau of Investigation's (FBI) Approved Scientific Standards 
for Testimony and Reports (ASSTRs) but differ substantially. As a 
primary matter, the ASSTRs are currently in effect for FBI personnel, 
while the Proposed Uniform Language documents are merely proposed and 
have not been adopted. After adjudication of public comment and the 
incorporation of appropriate edits, it is anticipated that each 
Proposed Uniform Language document will be forwarded to the Deputy 
Attorney General. If one or more are adopted by the Deputy Attorney 
General, they would become effective for Department forensic laboratory 
personnel.
    Process: On June 10, 2016, the Department posted Proposed Uniform 
Language documents for fiber, footwear and tire treads, general 
chemistry, glass, latent prints, serology, and toxicology. At that 
time, the Department stated its intention to publish all remaining 
Proposed Uniform Language documents in July 2016. Documents for two 
disciplines (nuclear DNA and firearms and toolmarks) are not ready to 
be posted at this time but rather than delaying the process, those 
documents will be posted for public comment separately.
    Ongoing Review of Previously Received Comments: The Department 
received 127 comments on the Proposed Uniform Language documents for 
fiber, footwear and tire treads, general chemistry, glass, latent 
prints, serology, and toxicology. Comment was open through July 8, 
2016. Due to the substantive nature of the comments and the recency of 
the closing of the comment period, the Department's adjudication 
process is ongoing. While several comments suggested changes to the 
format and content of the Proposed Uniform Language documents, the 
Department has not decided whether, or to what extent, to make changes 
in light of those comments, nor have changes been incorporated into 
Proposed Uniform Language documents for anthropology, explosive 
chemistry, explosive devices, geology, hair, handwriting, metallurgy, 
mitochondrial DNA and Y chromosome typing, and paints and polymers. 
Previously received comments are being reviewed and, if adopted, will 
be reflected in all relevant Uniform Language documents. As a result, 
commenters do not need to submit identical or substantially identical 
comments on this group of Proposed Uniform Language documents; 
commenters may wish to make their comments more discipline-specific for 
this group.
    Proposed Uniform Language: The Department is posting the Proposed 
Uniform Language document for each of the following forensic science 
disciplines on www.regulations.gov and seeking public comment: 
anthropology, explosive chemistry, explosive devices, geology, hair, 
handwriting, metallurgy, mitochondrial DNA and Y chromosome typing, and 
paints and polymers. Each Proposed Uniform Language document contains 
two primary sections: statements approved for use in examination 
testimony and/or laboratory reports and statements not approved for use 
in examination testimony and/or laboratory reports. We ask that you 
review and provide comment on each Proposed Uniform Language document 
separately.
    Review Sheet: In order to assist commenters in evaluating each 
Proposed Uniform Language document, the Department has provided a 
review sheet that identifies certain criteria. Commenters may find it 
helpful to use a format similar to that provided by the review sheet to 
frame their responses. Use of the review sheet is optional but would be 
helpful to provide consistency in commentary.
    Supporting Documentation: Each Proposed Uniform Language document 
is accompanied by supporting documentation (posted separately) that 
provides additional scientific background and policy considerations to 
support the statements approved for use and statements not approved in 
examination testimony and/or laboratory reports. The Department is not 
seeking public comment on the supporting documentation, however, 
commenters are welcome to provide thoughts and suggestions on these 
documents but notes that only each Proposed Uniform Language document 
will be forwarded to the Deputy Attorney General for review and 
potential adoption by Department personnel.
    Posting of Public Comments: To ensure proper handling of comments, 
please reference ``Docket No. OLP 159'' on all electronic and written 
correspondence. The Department encourages all comments on this 
framework be submitted electronically through www.regulations.gov. 
Paper comments that duplicate the electronic submission are not 
necessary as all comments submitted to www.regulations.gov will be 
posted for public review and are part of the official docket record.
    In accordance with the Federal Records Act, please note that all 
comments received are considered part of the public record, and shall 
be made available for public inspection online at www.regulations.gov. 
The comments to be posted may include personally identifiable 
information (such as your name, address, etc.) and confidential 
business information voluntarily submitted by the commenter.
    The Department will post all comments received on 
www.regulations.gov without making any changes to the comments or 
redacting any information, including any personally identifiable 
information provided. It is the responsibility of the commenter to 
safeguard personally identifiable information. You are not required to 
submit personally identifying information in order to comment on the 
Proposed Uniform Language and the Department recommends that commenters 
not include personally identifiable information such as Social Security 
Numbers, personal addresses, telephone numbers, and email addresses 
that they do not want made public in their comments as such submitted 
information will be available to the public via www.regulations.gov. 
Comments submitted through www.regulations.gov will not include

[[Page 48464]]

the email address of the commenter unless the commenter chooses to 
include that information as part of his or her comment.

    Dated: July 20, 2016.
Kira Antell,
Senior Counsel, Office of Legal Policy.
[FR Doc. 2016-17551 Filed 7-22-16; 8:45 am]
 BILLING CODE 4410-18-P