82 FR 39949 - Final Priorities for Amendment Cycle

UNITED STATES SENTENCING COMMISSION

Federal Register Volume 82, Issue 161 (August 22, 2017)

Page Range		39949-39950
FR Document		2017-17754

In June 2017, the Commission published a notice of proposed policy priorities for the amendment cycle ending May 1, 2018. See 82 FR 28381 (June 21, 2017). After reviewing public comment received pursuant to the notice of proposed priorities, the Commission has identified its policy priorities for the upcoming amendment cycle and hereby gives notice of these policy priorities.

Federal Register, Volume 82 Issue 161 (Tuesday, August 22, 2017)

[Federal Register Volume 82, Number 161 (Tuesday, August 22, 2017)]
[Notices]
[Pages 39949-39950]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-17754]


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UNITED STATES SENTENCING COMMISSION


Final Priorities for Amendment Cycle

AGENCY: United States Sentencing Commission.

ACTION: Notice of final priorities.

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SUMMARY: In June 2017, the Commission published a notice of proposed 
policy priorities for the amendment cycle ending May 1, 2018. See 82 FR 
28381 (June 21, 2017). After reviewing public comment received pursuant 
to the notice of proposed priorities, the Commission has identified its 
policy priorities for the upcoming amendment cycle and hereby gives 
notice of these policy priorities.

FOR FURTHER INFORMATION CONTACT: Christine Leonard, Director, Office of 
Legislative and Public Affairs, (202) 502-4500, [email protected].

SUPPLEMENTARY INFORMATION: The United States Sentencing Commission is 
an independent agency in the judicial branch of the United States 
Government. The Commission promulgates sentencing guidelines and

[[Page 39950]]

policy statements for federal sentencing courts pursuant to 28 U.S.C. 
994(a). The Commission also periodically reviews and revises previously 
promulgated guidelines pursuant to 28 U.S.C. 994(o) and submits 
guideline amendments to Congress not later than the first day of May 
each year pursuant to 28 U.S.C. 994(p).
    As part of its statutory authority and responsibility to analyze 
sentencing issues, including operation of the federal sentencing 
guidelines, the Commission has identified its policy priorities for the 
amendment cycle ending May 1, 2018. Other factors, such as legislation 
requiring Commission action, may affect the Commission's ability to 
complete work on any or all identified priorities by May 1, 2018. 
Accordingly, the Commission may continue work on any or all identified 
priorities after that date or may decide not to pursue one or more 
identified priorities.
    Pursuant to 28 U.S.C. 994(g), the Commission intends to consider 
the issue of reducing costs of incarceration and overcapacity of 
prisons, to the extent it is relevant to any identified priority.
    The Commission has identified the following priorities:
    (1) Continuation of its multiyear examination of the structure of 
the guidelines post-Booker and consideration of legislative 
recommendations or guideline amendments to simplify the guidelines, 
while promoting proportionality and reducing sentencing disparities, 
and to account appropriately for the defendant's role, culpability, and 
relevant conduct.
    (2) Continuation of its multiyear study of offenses involving 
synthetic cathinones (such as methylone, MDPV, and mephedrone) and 
synthetic cannabinoids (such as JWH-018 and AM-2201), as well as 
tetrahydrocannabinol (THC), fentanyl, and fentanyl analogues, and 
consideration of appropriate guideline amendments, including 
simplifying the determination of the most closely related substance 
under Application Note 6 of the Commentary to Sec.  2D1.1.
    (3) Continuation of its work with Congress and others to implement 
the recommendations of the Commission's 2016 report to Congress, Career 
Offender Sentencing Enhancements, including its recommendations to 
revise the career offender directive at 28 U.S.C. 994(h) to focus on 
offenders who have committed at least one ``crime of violence'' and to 
adopt a uniform definition of ``crime of violence'' applicable to the 
guidelines and other recidivist statutory provisions.
    (4) Continuation of its work with Congress and others to implement 
the recommendations of the Commission's 2011 report to Congress, 
Mandatory Minimum Penalties in the Federal Criminal Justice System--
including its recommendations regarding the severity and scope of 
mandatory minimum penalties, consideration of expanding the ``safety 
valve'' at 18 U.S.C. 3553(f), and elimination of the mandatory 
``stacking'' of penalties under 18 U.S.C. 924(c)--and preparation of a 
series of publications updating the data in the report.
    (5) Continuation of its comprehensive, multiyear study of 
recidivism, including the circumstances that correlate with increased 
or reduced recidivism; consideration of developing recommendations to 
reduce incarceration costs and prison overcapacity, and to promote 
effective reentry programs; and consideration of appropriate guideline 
amendments, including revising Chapter Four and Chapter Five (A) to 
lower guideline ranges for ``first offenders'' and (B) to increase the 
availability of alternatives to incarceration for such offenders at the 
lower levels of the Sentencing Table.
    (6) Implementation of the Bipartisan Budget Act of 2015, Public Law 
114-74, and other legislation warranting Commission action.
    (7) Continuation of its study of the May 2016 Report of the 
Commission's Tribal Issues Advisory Group and consideration of 
appropriate guideline amendments, including (A) revising how tribal 
court convictions are addressed in Chapter Four and (B) providing a 
definition of ``court protection order'' that would apply throughout 
the guidelines.
    (8) Continuation of its examination of Chapter Four, Part A 
(Criminal History) and consideration of amendments to revise how the 
guidelines (A) treat convictions for offenses committed prior to age 
eighteen; (B) treat revocations under Sec.  4A1.2(k) when the original 
sentence would not otherwise receive criminal history points because it 
is outside the time periods in Sec.  4A1.2(d)(2) and (e); and (C) 
account in Sec.  4A1.3 for instances in which the time actually served 
was substantially less than the length of the sentence imposed for a 
conviction counted in the criminal history score.
    (9) Continuation of its study of alternatives to incarceration, 
preparation of a publication on the development of alternative-to-
incarceration programs in federal district courts, and consideration of 
appropriate guideline amendments, including consolidating Zones B and C 
of the Sentencing Table in Chapter 5, Part A.
    (10) Resolution of circuit conflicts as warranted, pursuant to the 
Commission's authority under 28 U.S.C. 991(b)(1)(B) and Braxton v. 
United States, 500 U.S. 344 (1991).
    (11) Consideration of other miscellaneous guideline application 
issues, including whether a defendant's denial of relevant conduct 
should be considered in determining whether the defendant has accepted 
responsibility for purposes of Sec.  3E1.1.

    Authority:  28 U.S.C. 994(a), (o); USSC Rules of Practice and 
Procedure 5.2.

William H. Pryor, Jr.,
Acting Chair.
[FR Doc. 2017-17754 Filed 8-21-17; 8:45 am]
 BILLING CODE 2210-40-P

Federal Register / Vol. 82, No. 161 / Tuesday, August 22, 2017 / Notices 39949

release of the information, FTA will and to activate the limitation on any existing Portal Bridge experiences frequent
provide the applicant timely notice of claims that may challenge this final mechanical and operational failures which
such order to allow the applicant the environmental action. pose reliability concerns, capacity
opportunity to challenge such an order. constraints, operational inflexibility, and
DATES: By this notice, FTA is advising
commuter delays along the Northeast
FTA will not challenge a court order on the public of final agency actions Corridor. Additionally, the bridge’s low
behalf of an applicant. subject to Section 139(l) of Title 23, vertical clearance conflicts with maritime
2. Pilot Program Administration and United States Code (U.S.C.). A claim uses. By replacing the movable two-track
Reporting Requirements seeking judicial review of FTA actions bridge with two fixed two-track bridges at
announced herein for the listed public higher elevations, this project will increase
The Pilot Program is not funded with transportation projects will be barred reliability and operational flexibility,
Federal funds; selected nonprofit unless the claim is filed on or before eliminate capacity constraints, reduce
entities may charge the grantee January 19, 2018. commuter delays, and support additional
participants in the cooperative maritime uses along the Northeast Corridor.
FOR FURTHER INFORMATION CONTACT: In 2008, the Federal Railroad Administration
procurement contract for the cost of Nancy-Ellen Zusman, Assistant Chief (FRA) completed an Environmental Impact
administering, planning, and providing Counsel, Office of Chief Counsel, (312) Statement (EIS) for this project; FTA was a
technical assistance for the contract in 353–2577 or Alan Tabachnick, cooperating agency. FRA subsequently issued
an amount that is not more than 1 Environmental Protection Specialist, a Record of Decision (ROD) and completed
percent of the contract price. The Office of Environmental Programs, (202) three re-evaluations in 2010, 2011, and 2016.
selected nonprofit entity may 366–8541. FTA is located at 1200 New FTA has reviewed the environmental record,
incorporate the cost into the price of the Jersey Avenue SE., Washington, DC and in accordance with 40 CFR 1506.3 and
contract or directly charge the grantee 20590. Office hours are from 9:00 a.m. 23 U.S.C. 139, FTA is issuing a ROD which
participants for the cost, but not both. adopts FRA’s EIS. Final agency actions:
to 5:00 p.m., Monday through Friday, Section 4(f) determination (included in the
To achieve a comprehensive except Federal holidays.
understanding of the utility and EIS, dated December 23, 2008), an
SUPPLEMENTARY INFORMATION: Notice is amendment to the Section 106 Memorandum
effectiveness of the Pilot Program, FTA, hereby given that FTA has taken final of Agreement dated July 25, 2017 which adds
or its designated independent evaluator, agency action by issuing a certain FTA as a signatory, project-level air quality
will require access to project data. approval for the public transportation conformity, and a ROD dated July 25, 2017.
Selected nonprofit entities should be project listed below. The action on the Supporting documentation: EIS with ROD
prepared to collect and maintain data project, as well as the laws under which dated December 23, 2008, Re-evaluation
related to participating vendors, dated May 2010; Re-evaluation dated January
such action was taken, is described in 2011; and Re-evaluation dated August 2016.
participating grantees, and the quantity the documentation issued in connection
and price of rolling stock and related with the project to comply with the Lucy Garliauskas,
equipment procured by grantees National Environmental Policy Act Associate Administrator Planning and
through the cooperative procurement. (NEPA) and in other documents in the Environment.
3. Expiration of Pilot Program FTA administrative record for the [FR Doc. 2017–17723 Filed 8–21–17; 8:45 am]

After selection of eligible nonprofit project. Interested parties may contact BILLING CODE 4910–57–P

entities for the Pilot Program, the Pilot either the project sponsor or the FTA
Program will expire six years from the Regional Office for more information.
publication of this notice in the Federal Contact information for FTA’s Regional UNITED STATES SENTENCING
Register or when the contract with the Offices may be found at https:// COMMISSION
longest term, including option periods, www.fta.dot.gov.
This notice applies to all FTA Final Priorities for Amendment Cycle
awarded by a nonprofit entity in the
decisions on the listed project as of the
Pilot Program expires, whichever date is AGENCY: United States Sentencing
issuance date of this notice and all laws
earlier. Commission.
under which such action was taken,
Matthew J. Welbes, including, but not limited to, NEPA [42 ACTION: Notice of final priorities.
Executive Director. U.S.C. 4321–4375], Section 4(f) of the
Department of Transportation Act of SUMMARY: In June 2017, the Commission
[FR Doc. 2017–17606 Filed 8–21–17; 8:45 am]
1966 [49 U.S.C. 303], Section 106 of the published a notice of proposed policy
BILLING CODE P
National Historic Preservation Act [16 priorities for the amendment cycle
U.S.C. 470f], and the Clean Air Act [42 ending May 1, 2018. See 82 FR 28381
U.S.C. 7401–7671q]. This notice does (June 21, 2017). After reviewing public
DEPARTMENT OF TRANSPORTATION
not, however, alter or extend the comment received pursuant to the
Federal Transit Administration limitation period for challenges of notice of proposed priorities, the
project decisions subject to previous Commission has identified its policy
Limitation on Claims Against Proposed notices published in the Federal priorities for the upcoming amendment
Public Transportation Projects Register. The project and action that are cycle and hereby gives notice of these
the subject of this notice follows: policy priorities.
AGENCY: Federal Transit Administration
FOR FURTHER INFORMATION CONTACT:
(FTA), DOT. Project name and location: Portal Bridge
Capacity Enhancement Project, Hudson Christine Leonard, Director, Office of
ACTION: Notice.
Legislative and Public Affairs, (202)
sradovich on DSK3GMQ082PROD with NOTICES

County, New Jersey. Project Sponsor: New
SUMMARY: This notice announces a final Jersey Transit Corporation. Project 502–4500, pubaffairs@ussc.gov.
environmental action taken by the description: This project consists of the SUPPLEMENTARY INFORMATION: The
Federal Transit Administration (FTA) demolition of the 100-year old moveable United States Sentencing Commission is
swing-span two-track Portal Bridge between
for a project in Hudson County, New the Town of Kearny and the Town of an independent agency in the judicial
Jersey. The purpose of this notice is to Secaucus, and its replacement with two new branch of the United States
announce publicly the environmental bridges: a northern fixed two-track bridge Government. The Commission
decision by FTA on the subject project and a southern fixed two-track bridge. The promulgates sentencing guidelines and

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39950 Federal Register / Vol. 82, No. 161 / Tuesday, August 22, 2017 / Notices

policy statements for federal sentencing applicable to the guidelines and other appropriate guideline amendments,
courts pursuant to 28 U.S.C. 994(a). The recidivist statutory provisions. including consolidating Zones B and C
Commission also periodically reviews (4) Continuation of its work with of the Sentencing Table in Chapter 5,
and revises previously promulgated Congress and others to implement the Part A.
guidelines pursuant to 28 U.S.C. 994(o) recommendations of the Commission’s (10) Resolution of circuit conflicts as
and submits guideline amendments to 2011 report to Congress, Mandatory warranted, pursuant to the
Congress not later than the first day of Minimum Penalties in the Federal Commission’s authority under 28 U.S.C.
May each year pursuant to 28 U.S.C. Criminal Justice System—including its 991(b)(1)(B) and Braxton v. United
994(p). recommendations regarding the severity States, 500 U.S. 344 (1991).
As part of its statutory authority and and scope of mandatory minimum (11) Consideration of other
responsibility to analyze sentencing penalties, consideration of expanding miscellaneous guideline application
issues, including operation of the the ‘‘safety valve’’ at 18 U.S.C. 3553(f), issues, including whether a defendant’s
federal sentencing guidelines, the and elimination of the mandatory denial of relevant conduct should be
Commission has identified its policy ‘‘stacking’’ of penalties under 18 U.S.C. considered in determining whether the
priorities for the amendment cycle 924(c)—and preparation of a series of defendant has accepted responsibility
ending May 1, 2018. Other factors, such publications updating the data in the for purposes of § 3E1.1.
as legislation requiring Commission report. Authority: 28 U.S.C. 994(a), (o); USSC
action, may affect the Commission’s (5) Continuation of its comprehensive, Rules of Practice and Procedure 5.2.
ability to complete work on any or all multiyear study of recidivism, including
the circumstances that correlate with William H. Pryor, Jr.,
identified priorities by May 1, 2018.
Accordingly, the Commission may increased or reduced recidivism; Acting Chair.
continue work on any or all identified consideration of developing [FR Doc. 2017–17754 Filed 8–21–17; 8:45 am]
priorities after that date or may decide recommendations to reduce BILLING CODE 2210–40–P
not to pursue one or more identified incarceration costs and prison
priorities. overcapacity, and to promote effective
reentry programs; and consideration of DEPARTMENT OF VETERANS
Pursuant to 28 U.S.C. 994(g), the
appropriate guideline amendments, AFFAIRS
Commission intends to consider the
including revising Chapter Four and
issue of reducing costs of incarceration
Chapter Five (A) to lower guideline Advisory Committee on Homeless
and overcapacity of prisons, to the
ranges for ‘‘first offenders’’ and (B) to Veterans, Notice of Meeting
extent it is relevant to any identified
increase the availability of alternatives
priority. The Department of Veterans Affairs
to incarceration for such offenders at the
The Commission has identified the lower levels of the Sentencing Table. (VA) gives notice under the Federal
following priorities: (6) Implementation of the Bipartisan Advisory Committee Act that a meeting
(1) Continuation of its multiyear Budget Act of 2015, Public Law 114–74, of the Advisory Committee on Homeless
examination of the structure of the and other legislation warranting Veterans will be held September 13–15,
guidelines post-Booker and Commission action. 2017. The meeting sessions will take
consideration of legislative (7) Continuation of its study of the place at the Harbor Homes, Inc. at 77
recommendations or guideline May 2016 Report of the Commission’s Northeastern Blvd., Nashua, NH 03062.
amendments to simplify the guidelines, Tribal Issues Advisory Group and Sessions are open to the public, except
while promoting proportionality and consideration of appropriate guideline when the Committee is conducting tours
reducing sentencing disparities, and to amendments, including (A) revising of VA facilities, participating in off-site
account appropriately for the how tribal court convictions are events, and participating in workgroup
defendant’s role, culpability, and addressed in Chapter Four and (B) sessions. Tours of VA facilities are
relevant conduct. providing a definition of ‘‘court closed, to protect Veterans’ privacy and
(2) Continuation of its multiyear study protection order’’ that would apply personal information.
of offenses involving synthetic throughout the guidelines. The purpose of the Committee is to
cathinones (such as methylone, MDPV, (8) Continuation of its examination of provide the Secretary of Veterans Affairs
and mephedrone) and synthetic Chapter Four, Part A (Criminal History) with an on-going assessment of the
cannabinoids (such as JWH–018 and and consideration of amendments to effectiveness of the policies,
AM–2201), as well as revise how the guidelines (A) treat organizational structures, and services
tetrahydrocannabinol (THC), fentanyl, convictions for offenses committed prior of VA in assisting Veterans at-risk and
and fentanyl analogues, and to age eighteen; (B) treat revocations experiencing homelessness. The
consideration of appropriate guideline under § 4A1.2(k) when the original Committee shall assemble and review
amendments, including simplifying the sentence would not otherwise receive information related to the needs of
determination of the most closely criminal history points because it is homeless Veterans and provide advice
related substance under Application outside the time periods in § 4A1.2(d)(2) on the most appropriate means of
Note 6 of the Commentary to § 2D1.1. and (e); and (C) account in § 4A1.3 for providing assistance to that subset of the
(3) Continuation of its work with instances in which the time actually Veteran population. The Committee will
Congress and others to implement the served was substantially less than the make recommendations to the Secretary
recommendations of the Commission’s length of the sentence imposed for a regarding such activities.
2016 report to Congress, Career On Wednesday, September 13, the
sradovich on DSK3GMQ082PROD with NOTICES

conviction counted in the criminal
Offender Sentencing Enhancements, history score. Committee will convene an open
including its recommendations to revise (9) Continuation of its study of session at the Harbor Homes, Inc., 77
the career offender directive at 28 U.S.C. alternatives to incarceration, Northeastern Blvd., Nashua, NH 03062,
994(h) to focus on offenders who have preparation of a publication on the from 8:00 a.m. to 12:00 p.m. The agenda
committed at least one ‘‘crime of development of alternative-to- will include briefings from officials at
violence’’ and to adopt a uniform incarceration programs in federal VA and other agencies regarding
definition of ‘‘crime of violence’’ district courts, and consideration of services for homeless Veterans. From

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Document Created: 2018-10-24 11:55:27
Document Modified: 2018-10-24 11:55:27

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		Notices
Action		Notice of final priorities.
Contact		Christine Leonard, Director, Office of Legislative and Public Affairs, (202) 502-4500, [email protected]
FR Citation		82 FR 39949