82_FR_17949 82 FR 17879 - Notice of Public Comment Period on Advancing Forensic Science

82 FR 17879 - Notice of Public Comment Period on Advancing Forensic Science

DEPARTMENT OF JUSTICE

Federal Register Volume 82, Issue 70 (April 13, 2017)

Page Range17879-17881
FR Document2017-07512

It is the Department's mission to ensure public safety and provide federal leadership in preventing and controlling crime. Advancing the practice of forensic science is an important part of that effort. The more effective a forensic system we have, the better equipped we are to solve crimes, more swiftly absolving the innocent and bringing the guilty to justice. The second term of the National Commission on Forensic Science (NCFS) is set to expire on April 23, 2017. As part of the Department's continued efforts to advance the practice of forensic science following NCFS's expiration, the Department is seeking comment on how the Department should move forward to evaluate and improve the underlying science of forensic evidence; improve the operational management systems of forensic science service providers; and improve the understanding of forensic science by legal practitioners.

Federal Register, Volume 82 Issue 70 (Thursday, April 13, 2017)
[Federal Register Volume 82, Number 70 (Thursday, April 13, 2017)]
[Notices]
[Pages 17879-17881]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-07512]


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

DEPARTMENT OF JUSTICE

[Docket No. OLP 160]


Notice of Public Comment Period on Advancing Forensic Science

AGENCY: Department of Justice.

ACTION: Request for public comment.

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

SUMMARY: It is the Department's mission to ensure public safety and 
provide federal leadership in preventing and controlling crime. 
Advancing the practice of forensic science is an important part of that 
effort. The more effective a forensic system we have, the better 
equipped we are to solve crimes, more swiftly absolving the innocent 
and bringing the guilty to justice. The second term of the National 
Commission on Forensic Science (NCFS) is set to expire on April 23, 
2017. As part of the Department's continued efforts to advance the 
practice of forensic science following NCFS's expiration, the 
Department is seeking comment on how the

[[Page 17880]]

Department should move forward to evaluate and improve the underlying 
science of forensic evidence; improve the operational management 
systems of forensic science service providers; and improve the 
understanding of forensic science by legal practitioners.

DATES: Written public comment regarding the issue for comment should be 
submitted through www.regulations.gov before June 9, 2017.

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: In February 2013, the U.S. Department of 
Justice and the National Institute of Standards and Technology (NIST) 
announced a partnership that included the formation of the National 
Commission on Forensic Science (NCFS). The NCFS is one of several 
federal initiatives relating to forensic science that was created 
following the 2009 report by the National Academy of Sciences National 
Research Council on ``Strengthening Forensic Science in the United 
States: A Path Forward.'' NCFS was established under the Federal 
Advisory Committee Act to provide advice and recommendations to the 
Attorney General on: (1) Strengthening the reliability and usefulness 
of the forensic sciences (including medicolegal death investigation); 
(2) enhancing quality assurance and quality control in forensic science 
laboratories and units; (3) identifying and recommending scientific 
guidance and protocols for evidence seizure, testing, analysis, and 
reporting by forensic science laboratories and units; and (4) 
identifying and assessing other needs of the forensic science 
communities to strengthen their disciplines and meet the increasing 
demands generated by the criminal and civil justice systems at all 
levels of government.
    The NCFS charter identifies six goals: (1) To recommend priorities 
for standards development to the Attorney General; (2) to review and 
recommend guidance identified or developed by subject-matter experts; 
(3) to develop proposed guidance concerning the intersection of 
forensic science and the courtroom; (4) to develop policy 
recommendations, including a uniform code of professional 
responsibility and minimum requirements for training, accreditation, 
and certification; (5) to consider the recommendations of the National 
Science and Technology Council's Subcommittee on Forensic Science; and 
(6) to identify and assess the current and future needs of the forensic 
sciences to strengthen their disciplines and meet growing demands. The 
NCFS's supporting documents, including current charter, bylaws, and 
work product development guidance, are available for review at https://www.justice.gov/ncfs and https://www.justice.gov/ncfs/work-products.
    Federal advisory committees operate on two-year renewable terms. 
Term 1 for NCFS began on April 23, 2013, when the original charter was 
filed, and concluded on April 23, 2015. NCFS was renewed for Term 2, 
which expires on April 23, 2017. Over the last 3 years (as of April 9, 
2017), NCFS developed 43 work products, including 20 recommendations to 
the Attorney General, to support these goals. The NCFS has met its 
initial mandate, and in light of the upcoming expiration of its 
charter, the Department is now considering appropriate next steps.
    Issue for Comment--Commenters are requested to identify proposals 
to: (1) Improve the underlying science and validity of forensic 
evidence; (2) improve the operational management systems of forensic 
science service providers; and (3) improve the understanding of 
forensic science by legal practitioners.
    In formulating a proposal, commenters may wish to consider the 
following questions:
    (A) What are the biggest needs in forensic science inside the 
Department and at the federal, state, local, and tribal level?
    (B) What is required to improve forensic science practices at the 
federal, state, local, and tribal levels?
    (C) What is needed to improve capacity at federal, state, local, 
and tribal levels?
    (D) What are the barriers to improving capacity and what resources 
are needed to overcome those barriers?
    (E) What are the specific issues related to digital forensic 
evidence analysis and how can the Department address those needs?
    (F) How should the Department, or any Department entity, coordinate 
with the Organization of Scientific Area Committees?
    (G) What resources and relationships can the Department draw on to 
ensure thoughtful and representative input?
    Proposals may include some combination of a Federal Advisory 
Committee, a new office at the Department, an inter-agency working 
group, regularly scheduled stakeholder meetings, etc. If the commenter 
believes a Federal Advisory Committee structure is appropriate, 
commenters are encouraged to address structural issues such as size, 
membership, work product development process, reporting structure 
(i.e., to whom recommendations are provided), opportunity for public 
comment, and opportunity for robust debate among members.
    Posting of Public Comments: To ensure proper handling of comments, 
please reference ``Docket No. OLP 160'' on all electronic and written 
correspondence. The Department encourages all comments 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 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 may be 
provided anonymously, but those commenters who do share contact 
information are requested to include brief background information 
regarding commenter subject-matter experience and expertise. Comments 
submitted through www.regulations.gov will not include the email 
address of the commenter unless the commenter chooses to include that 
information as part of his or her comment.


[[Page 17881]]


    Dated: April 10, 2017.
Kira Antell,
Senior Counsel, Office of Legal Policy.
[FR Doc. 2017-07512 Filed 4-12-17; 8:45 am]
 BILLING CODE 4410-18-P



                                                                                  Federal Register / Vol. 82, No. 70 / Thursday, April 13, 2017 / Notices                                                 17879

                                                       C. If Defendants’ Antitrust                          or vacated, and subject to any legally                VIII. RETENTION OF JURISDICTION
                                                    Compliance Officer learns of any                        recognized privilege, from time to time                  This Court retains jurisdiction to
                                                    allegations of a violation of any of the                authorized representatives of the United              enable any party to this Final Judgment
                                                    terms and conditions contained in this                  States Department of Justice, including               to apply to this Court at any time for
                                                    Final Judgment, Defendants shall                        consultants and other persons retained                further orders and directions as may be
                                                    immediately investigate to determine if                 by the United States shall, upon written              necessary or appropriate to carry out or
                                                    a violation has occurred and appropriate                request of an authorized representative               construe this Final Judgment, to modify
                                                    action is required to comply with this                  of the Assistant Attorney General in                  any of its provisions, to enforce
                                                    Final Judgment. If Defendants’ Antitrust                charge of the Antitrust Division, and on              compliance, and to punish violations of
                                                    Compliance Officer learns of any                        reasonable notice to Defendants, be                   its provisions.
                                                    violation of any of the terms and                       permitted:
                                                    conditions contained in this Final                                                                            IX. EXPIRATION OF FINAL
                                                                                                               1. access during Defendants’ office                JUDGMENT
                                                    Judgment, Defendants shall immediately
                                                    take appropriate action to terminate or                 hours to inspect and copy, or at the
                                                                                                            United States’ option, to require                       Unless this Court grants an extension,
                                                    modify the activity so as to comply with                                                                      this Final Judgment shall expire five (5)
                                                    this Final Judgment. Defendants shall                   Defendants and their members to
                                                                                                            provide copies of all books, ledgers,                 years from its date of entry.
                                                    report any such investigation or action
                                                    in the annual compliance statement                      accounts, records, and documents in                   X. PUBLIC INTEREST
                                                    required by Section VI(B).                              their possession, custody, or control,                DETERMINATION
                                                       D. If Defendants’ Antitrust                          relating to any matters contained in this
                                                                                                            Final Judgment; and                                     The parties have complied with the
                                                    Compliance Officer learns any                                                                                 requirements of the Antitrust
                                                    Competitively Sensitive Information has                    2. to interview, either informally or on           Procedures and Penalties Act, 15 U.S.C.
                                                    been communicated from an MVPD to                       the record, Defendants’ officers,                     § 16, including making copies available
                                                    any person identified in Sections                       employees, or other representatives,                  to the public of this Final Judgment, the
                                                    V(B)(1) and (2), excluding those                        who may have their individual counsel                 Competitive Impact Statement, and any
                                                    communications consistent with                          present, regarding such matters. The                  comments thereon and the United
                                                    Sections IV(D), (E), (F), (G) and (H), the              interviews shall be subject to the                    States’ responses to comments. Based
                                                    Antitrust Compliance Officer shall                      reasonable convenience of the                         upon the record before the Court, which
                                                    instruct that person that he or she must                interviewee and without restraint or                  includes the Competitive Impact
                                                    not consider the Competitively                          interference by Defendants.                           Statement and any comments and
                                                    Sensitive Information in any way, shall                                                                       responses to comments filed with the
                                                                                                               B. Upon the written request of an
                                                    advise counsel for the MVPD which                                                                             Court, entry of this Final Judgment is in
                                                                                                            authorized representative of the
                                                    communicated the Competitively                                                                                the public interest.
                                                    Sensitive Information that such                         Assistant Attorney General in charge of
                                                                                                            the Antitrust Division, Defendants shall              SO ORDERED:
                                                    information must not be communicated
                                                    to Defendants, and report the                           submit written reports and interrogatory              Dated:__2017
                                                    circumstances of the Communication of                   responses, under oath if requested,                   Michael W. Fitzgerald
                                                    the Competitively Sensitive Information                 relating to any of the matters contained              United States District Judge
                                                    and the response by the Antitrust                       in this Final Judgment as may be                      [FR Doc. 2017–07463 Filed 4–12–17; 8:45 am]
                                                    Compliance Officer in the annual                        requested.                                            BILLING CODE P
                                                    compliance statement required by                           C. No information or documents
                                                    Section VI(B).                                          obtained by the means provided in this
                                                                                                            section shall be divulged by the United               DEPARTMENT OF JUSTICE
                                                    VI. CERTIFICATION
                                                                                                            States to any person other than an                    [Docket No. OLP 160]
                                                      A. Within sixty (60) days after entry                 authorized representative of the
                                                    of this Final Judgment, Defendants shall                executive branch of the United States,                Notice of Public Comment Period on
                                                    certify to Plaintiff whether they have                  except in the course of legal proceedings             Advancing Forensic Science
                                                    designated an Antitrust Compliance                      to which the United States is a party
                                                    Officer and have distributed the Final                  (including grand jury proceedings), or                AGENCY:    Department of Justice.
                                                    Judgment in accordance with Section                     for the purpose of securing compliance                ACTION:   Request for public comment.
                                                    V(B) above. This certification shall                    with this Final Judgment, or as
                                                    include the name, title, business                                                                             SUMMARY:   It is the Department’s mission
                                                                                                            otherwise required by law.
                                                    address, email address, and business                                                                          to ensure public safety and provide
                                                    phone number of the Person designated                      D. If at the time information or                   federal leadership in preventing and
                                                    as Antitrust Compliance Officer.                        documents are furnished by Defendants                 controlling crime. Advancing the
                                                      B. For the term of this Final Judgment,               to the United States, Defendants identify             practice of forensic science is an
                                                    on or before its anniversary date,                      in writing the material in any such                   important part of that effort. The more
                                                    Defendants shall file with the Plaintiff                information or documents to which a                   effective a forensic system we have, the
                                                    an annual statement as to the fact and                  claim of protection may be asserted                   better equipped we are to solve crimes,
                                                    manner of its compliance with the                       under Rule 26(c)(7) of the Federal Rules              more swiftly absolving the innocent and
                                                                                                            of Civil Procedure, and Defendants mark               bringing the guilty to justice. The
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    provisions of Section V, including the
                                                    record(s) created in accordance with                    each pertinent page of such material,                 second term of the National
                                                    Section V(B)(4) above.                                  ‘‘Subject to claim of protection under                Commission on Forensic Science
                                                                                                            Rule 26(c)(7) of the Federal Rules of                 (NCFS) is set to expire on April 23,
                                                    VII. COMPLIANCE INSPECTION                              Civil Procedure,’’ then the United States             2017. As part of the Department’s
                                                      A. For purposes of determining or                     shall give ten (10) calendar days notice              continued efforts to advance the
                                                    securing compliance with this Final                     prior to divulging such material in any               practice of forensic science following
                                                    Judgment, or of determining whether                     legal proceeding (other than a grand jury             NCFS’s expiration, the Department is
                                                    this Final Judgment should be modified                  proceeding).                                          seeking comment on how the


                                               VerDate Sep<11>2014   17:51 Apr 12, 2017   Jkt 241001   PO 00000   Frm 00086   Fmt 4703   Sfmt 4703   E:\FR\FM\13APN1.SGM   13APN1


                                                    17880                         Federal Register / Vol. 82, No. 70 / Thursday, April 13, 2017 / Notices

                                                    Department should move forward to                       the current and future needs of the                   such as size, membership, work product
                                                    evaluate and improve the underlying                     forensic sciences to strengthen their                 development process, reporting
                                                    science of forensic evidence; improve                   disciplines and meet growing demands.                 structure (i.e., to whom
                                                    the operational management systems of                   The NCFS’s supporting documents,                      recommendations are provided),
                                                    forensic science service providers; and                 including current charter, bylaws, and                opportunity for public comment, and
                                                    improve the understanding of forensic                   work product development guidance,                    opportunity for robust debate among
                                                    science by legal practitioners.                         are available for review at https://                  members.
                                                    DATES: Written public comment                           www.justice.gov/ncfs and https://
                                                                                                            www.justice.gov/ncfs/work-products.                      Posting of Public Comments: To
                                                    regarding the issue for comment should
                                                                                                               Federal advisory committees operate                ensure proper handling of comments,
                                                    be submitted through
                                                    www.regulations.gov before June 9,                      on two-year renewable terms. Term 1 for               please reference ‘‘Docket No. OLP 160’’
                                                    2017.                                                   NCFS began on April 23, 2013, when                    on all electronic and written
                                                                                                            the original charter was filed, and                   correspondence. The Department
                                                    FOR FURTHER INFORMATION CONTACT: The
                                                                                                            concluded on April 23, 2015. NCFS was                 encourages all comments be submitted
                                                    Office of Legal Policy, 950 Pennsylvania
                                                                                                            renewed for Term 2, which expires on                  electronically through
                                                    Avenue NW., Washington, DC 20530, by
                                                                                                            April 23, 2017. Over the last 3 years (as             www.regulations.gov. Paper comments
                                                    phone at 202–514–4601 or via email at
                                                    Forensics.OLP@usdoj.gov.                                of April 9, 2017), NCFS developed 43                  that duplicate the electronic submission
                                                                                                            work products, including 20                           are not necessary as all comments
                                                    SUPPLEMENTARY INFORMATION: In
                                                                                                            recommendations to the Attorney                       submitted to www.regulations.gov will
                                                    February 2013, the U.S. Department of
                                                                                                            General, to support these goals. The                  be posted for public review and are part
                                                    Justice and the National Institute of
                                                                                                            NCFS has met its initial mandate, and                 of the official docket record.
                                                    Standards and Technology (NIST)
                                                                                                            in light of the upcoming expiration of its               In accordance with the Federal
                                                    announced a partnership that included
                                                                                                            charter, the Department is now
                                                    the formation of the National                                                                                 Records Act, please note that all
                                                    Commission on Forensic Science                          considering appropriate next steps.
                                                                                                               Issue for Comment—Commenters are                   comments received are considered part
                                                    (NCFS). The NCFS is one of several                                                                            of the public record, and shall be made
                                                                                                            requested to identify proposals to: (1)
                                                    federal initiatives relating to forensic                                                                      available for public inspection online at
                                                                                                            Improve the underlying science and
                                                    science that was created following the                                                                        www.regulations.gov. The comments to
                                                                                                            validity of forensic evidence; (2)
                                                    2009 report by the National Academy of                                                                        be posted may include personally
                                                                                                            improve the operational management
                                                    Sciences National Research Council on                                                                         identifiable information (such as your
                                                                                                            systems of forensic science service
                                                    ‘‘Strengthening Forensic Science in the                                                                       name, address, etc.) and confidential
                                                                                                            providers; and (3) improve the
                                                    United States: A Path Forward.’’ NCFS                                                                         business information voluntarily
                                                    was established under the Federal                       understanding of forensic science by
                                                                                                            legal practitioners.                                  submitted by the commenter.
                                                    Advisory Committee Act to provide
                                                                                                               In formulating a proposal,                            The Department will post all
                                                    advice and recommendations to the
                                                                                                            commenters may wish to consider the                   comments received on
                                                    Attorney General on: (1) Strengthening
                                                                                                            following questions:                                  www.regulations.gov without making
                                                    the reliability and usefulness of the                      (A) What are the biggest needs in
                                                    forensic sciences (including medicolegal                                                                      any changes to the comments or
                                                                                                            forensic science inside the Department
                                                    death investigation); (2) enhancing                     and at the federal, state, local, and tribal          redacting any information, including
                                                    quality assurance and quality control in                level?                                                any personally identifiable information
                                                    forensic science laboratories and units;                   (B) What is required to improve                    provided. It is the responsibility of the
                                                    (3) identifying and recommending                        forensic science practices at the federal,            commenter to safeguard personally
                                                    scientific guidance and protocols for                   state, local, and tribal levels?                      identifiable information. You are not
                                                    evidence seizure, testing, analysis, and                   (C) What is needed to improve                      required to submit personally
                                                    reporting by forensic science                           capacity at federal, state, local, and                identifying information in order to
                                                    laboratories and units; and (4)                         tribal levels?                                        comment and the Department
                                                    identifying and assessing other needs of                   (D) What are the barriers to improving             recommends that commenters not
                                                    the forensic science communities to                     capacity and what resources are needed                include personally identifiable
                                                    strengthen their disciplines and meet                   to overcome those barriers?                           information such as Social Security
                                                    the increasing demands generated by                        (E) What are the specific issues                   Numbers, personal addresses, telephone
                                                    the criminal and civil justice systems at               related to digital forensic evidence                  numbers, and email addresses that they
                                                    all levels of government.                               analysis and how can the Department
                                                       The NCFS charter identifies six goals:                                                                     do not want made public in their
                                                                                                            address those needs?                                  comments as such submitted
                                                    (1) To recommend priorities for                            (F) How should the Department, or
                                                    standards development to the Attorney                                                                         information will be available to the
                                                                                                            any Department entity, coordinate with
                                                    General; (2) to review and recommend                    the Organization of Scientific Area                   public via www.regulations.gov.
                                                    guidance identified or developed by                     Committees?                                           Comments may be provided
                                                    subject-matter experts; (3) to develop                     (G) What resources and relationships               anonymously, but those commenters
                                                    proposed guidance concerning the                        can the Department draw on to ensure                  who do share contact information are
                                                    intersection of forensic science and the                thoughtful and representative input?                  requested to include brief background
                                                    courtroom; (4) to develop policy                           Proposals may include some                         information regarding commenter
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    recommendations, including a uniform                    combination of a Federal Advisory                     subject-matter experience and expertise.
                                                    code of professional responsibility and                 Committee, a new office at the                        Comments submitted through
                                                    minimum requirements for training,                      Department, an inter-agency working                   www.regulations.gov will not include
                                                    accreditation, and certification; (5) to                group, regularly scheduled stakeholder                the email address of the commenter
                                                    consider the recommendations of the                     meetings, etc. If the commenter believes              unless the commenter chooses to
                                                    National Science and Technology                         a Federal Advisory Committee structure                include that information as part of his
                                                    Council’s Subcommittee on Forensic                      is appropriate, commenters are                        or her comment.
                                                    Science; and (6) to identify and assess                 encouraged to address structural issues


                                               VerDate Sep<11>2014   17:51 Apr 12, 2017   Jkt 241001   PO 00000   Frm 00087   Fmt 4703   Sfmt 4703   E:\FR\FM\13APN1.SGM   13APN1


                                                                                  Federal Register / Vol. 82, No. 70 / Thursday, April 13, 2017 / Notices                                                 17881

                                                      Dated: April 10, 2017.                                DEPARTMENT OF LABOR                                   Allowable Meal Charge
                                                    Kira Antell,                                                                                                    Among the minimum benefits and
                                                    Senior Counsel, Office of Legal Policy.                 Employment and Training
                                                                                                                                                                  working conditions that the Department
                                                    [FR Doc. 2017–07512 Filed 4–12–17; 8:45 am]             Administration
                                                                                                                                                                  requires employers to offer their U.S.
                                                    BILLING CODE 4410–18–P
                                                                                                            Labor Certification Process for the                   and H–2A workers who are not engaged
                                                                                                            Temporary Employment of H–2A and                      in range occupations are three meals a
                                                                                                            H–2B Foreign Workers in the United                    day or free and convenient cooking and
                                                    DEPARTMENT OF JUSTICE                                                                                         kitchen facilities so workers may
                                                                                                            States: 2017 Allowable Charges for
                                                                                                            Agricultural Workers’ Meals and for                   prepare their own meals.1 See 20 CFR
                                                    Notice of Lodging Proposed Consent
                                                                                                            Travel Subsistence Reimbursement,                     655.122(g). Where the employer
                                                    Decree
                                                                                                            Including Lodging                                     provides the meals, the job offer must
                                                      In accordance with Departmental                                                                             state the charge, if any, to the worker for
                                                                                                            AGENCY: Employment and Training                       such meals. Id.
                                                    Policy, 28 CFR 50.7, notice is hereby                   Administration, Department of Labor.
                                                    given that a proposed Consent Decree in                                                                         The Department establishes the
                                                                                                            ACTION: Notice.                                       methodology for determining the
                                                    United States v. Georgia Coastal Land
                                                    Co., et al., No. 2:16–cv–00060–LGW–                                                                           maximum amounts that H–2A
                                                                                                            SUMMARY:    The Employment and
                                                    RSB, was lodged with the United States                  Training Administration of the                        agricultural employers may charge their
                                                    District Court for the Southern District                Department of Labor is issuing this                   U.S. and foreign workers for providing
                                                    of Georgia on April 7, 2017.                            Notice to announce: (1) The allowable                 them with three meals per day during
                                                                                                            charges for 2017 that employers seeking               employment. See 20 CFR 655.173(a).
                                                      This proposed Consent Decree                                                                                This methodology allows for annual
                                                    concerns a complaint filed by the                       H–2A workers in occupations other than
                                                                                                            range herding may charge their workers                adjustments of the previous year’s
                                                    United States against Georgia Coastal                                                                         maximum allowable charge based upon
                                                    Land Company, Provident Land                            when the employer provides three
                                                                                                            meals a day, and (2) the maximum                      updated U.S. Consumer Price Index for
                                                    Holdings Company, Provident                                                                                   All Urban Consumers (CPI–U) data for
                                                    Construction Company, and William L.                    travel subsistence meal reimbursement
                                                                                                            that a worker with receipts may claim                 Food, not seasonally adjusted. Id. The
                                                    Nutting, pursuant to Sections 301, 309,                                                                       maximum charge allowed by 20 CFR
                                                    and 404 of the Clean Water Act, 33                      in 2017 under the H–2A and H–2B
                                                                                                            programs. The Notice also includes a                  655.122(g) is adjusted by the same
                                                    U.S.C. 1311(a), 1319(g)(9), and 1344(s),                                                                      percentage as the 12-month percent
                                                    to obtain injunctive relief from and                    reminder regarding employers’
                                                                                                            obligations with respect to overnight                 change in the CPI for all Urban
                                                    impose civil penalties against the                                                                            Consumers for Food (CPI–U for
                                                    Defendants for violating the Clean Water                lodging costs as part of required
                                                                                                            subsistence.                                          Food).2 Id. The OFLC Certifying Officer
                                                    Act by discharging pollutants without a                                                                       may also permit an employer to charge
                                                    permit into waters of the United States.                DATES: Effective on April 13, 2017.
                                                                                                                                                                  workers a higher amount for providing
                                                    The proposed Consent Decree resolves                    FOR FURTHER INFORMATION CONTACT:                      them with three meals a day, if the
                                                    these allegations by requiring the                      William W. Thompson, II,                              higher amount is justified and
                                                    Defendants to restore impacted areas                    Administrator, Office of Foreign Labor                sufficiently documented by the
                                                    and perform mitigation, and to pay civil                Certification (OFLC), U.S. Department of              employer, as set forth in 20 CFR
                                                    and administrative penalties.                           Labor, 200 Constitution Avenue NW.,                   655.173(b).
                                                      The Department of Justice will accept                 Room PPII–12–200, Washington, DC                        The percentage change in the CPI–U
                                                    written comments relating to this                       20210. Telephone: 202–513–7350 (this                  for Food between December 2015 and
                                                    proposed Consent Decree for thirty (30)                 is not a toll-free number). Individuals               December 2016 was –0.2 percent.3
                                                    days from the date of publication of this               with hearing or speech impairments                    Accordingly, the maximum allowable
                                                    Notice. Please address comments to                      may access the telephone number above                 charge under 20 CFR 655.122(g) shall be
                                                    Samara Spence, Trial Attorney for the                   via TTY by calling the toll-free Federal              no more than $12.07 per day, unless the
                                                    United States Department of Justice,                    Information Relay Service at 1–800–                   OFLC Certifying Officer approves a
                                                    Environment and Natural Resources                       877–8339.                                             higher charge as authorized under 20
                                                    Division, Environmental Defense                         SUPPLEMENTARY INFORMATION: The                        CFR 655.173(b).
                                                    Section, Post Office Box 7611,                          United States (U.S.) Citizenship and
                                                    Washington, DC 20044 and refer to                       Immigration Services of the Department                Reimbursement for Daily Travel
                                                    United States v. Georgia Coastal Land                   of Homeland Security will not approve                 Subsistence
                                                    Co., et al., DJ #90–5–1–1–20782.                        an employer’s petition for the admission                 The H–2A regulations (20 CFR
                                                      The proposed Consent Decree may be                    of H–2A or H–2B nonimmigrant                          655.122(h)(1)) and the H–2B regulations
                                                    examined at the Clerk’s Office, United                  temporary workers in the U.S. unless                  (20 CFR 655.20(j)(1)(i)) establish that the
                                                    States District Court for the Southern                  the petitioner has received from the                  minimum daily travel subsistence
                                                    District of Georgia, Brunswick Division,                DOL an H–2A or H–2B labor                             expense for meals, for which a worker
                                                    801 Gloucester Street, Brunswick, GA                    certification. Both the H–2A and H–2B                 is entitled to reimbursement, must be at
                                                    31520. In addition, the proposed                        labor certifications provide that: (1)
                                                    Consent Decree may be examined                          There are not sufficient U.S. workers                    1 H–2A employers must provide workers engaged

                                                                                                            who are qualified and who will be                     in herding or the production of livestock on the
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    electronically at http://www.justice.gov/                                                                     range meals or food to prepare meals without
                                                    enrd/consent-decrees.                                   available to perform the labor or                     charge or deposit charge. See 20 CFR 655.210(e).
                                                                                                            services involved in the petition; and (2)               2 The 12-month percent change in the CPI–U for
                                                    Cherie L. Rogers,                                       the employment of the foreign worker(s)               Food for 2006 through 2016 is available through
                                                    Assistant Section Chief, Environmental                  in such labor or services will not                    BLS’ Web site at https://www.bls.gov/cpi/.
                                                                                                                                                                     3 In 2016, the maximum allowable charge under
                                                    Defense Section, Environment and Natural                adversely affect the wages and working
                                                    Resources Division.                                                                                           20 CFR 655.122(g) was $12.09 per day. 81 FR 9885,
                                                                                                            conditions of workers in the U.S.                     9886 (Feb. 26, 2016). As a result, the maximum
                                                    [FR Doc. 2017–07499 Filed 4–12–17; 8:45 am]             similarly employed. See 20 CFR                        allowable meal charge for 2017 has decreased only
                                                    BILLING CODE 4410–15–P                                  655.1(a)(H–2B); 20 CFR 655.100 (H–2A).                $.02.



                                               VerDate Sep<11>2014   17:51 Apr 12, 2017   Jkt 241001   PO 00000   Frm 00088   Fmt 4703   Sfmt 4703   E:\FR\FM\13APN1.SGM   13APN1



Document Created: 2017-04-13 01:08:59
Document Modified: 2017-04-13 01:08:59
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionRequest for public comment.
DatesWritten public comment regarding the issue for comment should be submitted through www.regulations.gov before June 9, 2017.
ContactThe Office of Legal Policy, 950 Pennsylvania Avenue NW., Washington, DC 20530, by phone at 202-514-4601 or via email at [email protected]
FR Citation82 FR 17879 

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR