83 FR 34557 - Special Communication and Contact Control Measures
DEPARTMENT OF DEFENSE
Department of the Army Federal Register Volume 83, Issue 140 (July 20, 2018)
Department of the Army
Federal Register Volume 83, Issue 140 (July 20, 2018)
| Page Range | 34557-34558 | |
| FR Document | 2018-15425 |
[Federal Register Volume 83, Number 140 (Friday, July 20, 2018)] [Notices] [Pages 34557-34558] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-15425] ----------------------------------------------------------------------- DEPARTMENT OF DEFENSE Department of the Army Special Communication and Contact Control Measures AGENCY: Department of the Army, DoD. ACTION: Notice; comment request. ----------------------------------------------------------------------- SUMMARY: This directive establishes the Special Communications and Contacts Control Measures (SCCCM) program to provide specific limitations on the communications and contacts of Army Corrections Command (ACC) prisoners to protect national security, public safety, the good order, discipline and correctional mission of the Army Corrections System (ACS) facilities from acts of violence or terrorism. DATES: Comments are due by August 20, 2018. ADDRESSES: Mail comments to: Office of the Provost Marshal General (Gregory W. Limberis), 2800 Army Pentagon, Washington, DC 20310. FOR FURTHER INFORMATION CONTACT: Mr. Gregory Stroebel, (703) 545-5935. SUPPLEMENTARY INFORMATION: (a) Upon direction of the Assistant Secretary of the Army for Manpower and Reserve Affairs (ASA (M&RA)), the Commander, ACC, may authorize the Commander of an ACS Facility to implement SCCCM that are reasonably necessary to protect persons against the risk of death or serious bodily injury. These procedures may be implemented upon written notification to the Commander, ACC, by the ASA (M&RA), that there is a substantial risk that a prisoner's communications or contacts with persons could result in death or serious bodily injury to persons or substantial damage to property that would entail the risk of death or serious bodily injury to persons. These SCCCM ordinarily may include housing the prisoner in administrative segregation and/or limiting certain conditions of confinement, including, but not limited to, correspondence, visiting, interviews with representatives of the news media, and use of the telephone, as is reasonably necessary to protect persons against the risk of death or serious bodily injury. The authority of the Commander, ACC under this paragraph may not be delegated. (b) Designated ACS facility staff shall provide to the affected prisoner, as soon as practicable, written notification of the restrictions imposed and the basis for the restrictions. The notice's statement as to the basis may be limited in the interest of prison security or safety, to protect against acts of violence or terrorism that could result in death or serious bodily injury to persons, or substantial damage to property that would entail the risk of death or serious bodily injury to persons. The prisoner shall sign for and receive a copy of the notification. The prisoner's attorney(s) of record shall also provide a written acknowledgement of receipt of the notice and an agreement to abide by the SCCCM. (c) Initial placement of a prisoner in administrative segregation and/or any limitation of the prisoner's conditions of confinement in accordance with paragraph (a) of this section may be imposed for up to 120 days or, with the approval of the ASA (M&RA), a longer period of time not to exceed one year. Special restrictions imposed in accordance with paragraph (a) of this section may be extended thereafter by the Commander, ACC, in increments not to exceed one year, upon receipt by the Commander, ACC of an additional written notification from the ASA (M&RA) that there continues to be a substantial risk that the prisoner's communications or contacts with other persons could result in death or serious bodily injury to persons or substantial damage to property that would entail the risk of death or serious bodily injury to persons. The authority of the Commander, ACC under this paragraph may not be delegated. (d) In any case where the Secretary of the Army specifically so orders, based on information from the Provost Marshal General/ Commanding General, United States Army Criminal Investigation Command (USACIDC) that reasonable suspicion exists to believe that a particular prisoner may use communications with attorneys or their agents to solicit, further, or otherwise facilitate acts of terrorism, the Commander, ACC, shall, in addition to the SCCCM imposed under paragraph (a) of this section, provide appropriate procedures for the monitoring or review of communications between that prisoner and attorneys or attorneys' agents who are traditionally covered by the attorney-client privilege, for the purpose of deterring future acts of terrorism. (1) The certification by the Secretary of the Army under this paragraph (d) shall be in addition to any findings or determinations relating to the need for the imposition of other SCCCM as provided in paragraph (a) of this section, but may be incorporated into the same document. (2) Except in the case of prior court authorization, the Commander, ACC, shall provide written notice to the prisoner and to the attorneys involved prior to the initiation of any such monitoring or review authorized under this paragraph (d). The notice shall explain: (i) That, notwithstanding the provisions of DoDI 1325.07, AR 190- 47, or other rules, all communications between the prisoner and attorneys may be monitored, to the extent determined to be reasonably necessary for the purpose of deterring future acts of terrorism; (ii) That communications between the prisoner and attorneys or their agents are not protected by the attorney-client privilege if they would facilitate criminal acts or a conspiracy to commit criminal acts, or if those communications are not related to the seeking or providing of legal advice. (3) The Commander, ACC, with the concurrence of the Judge Advocate General and the Army General Counsel, shall employ appropriate procedures to ensure that all attorney-client communications are reviewed for privilege claims and that any properly privileged materials (including, but not limited to, recordings of privileged communications) are not retained during the course of the monitoring. To protect the attorney-client privilege and to ensure that the investigation or judicial proceeding is not compromised by exposure to privileged material relating to the investigation, judicial [[Page 34558]] proceeding or to defense strategy, a privilege team shall be designated by the Judge Advocate General, consisting of individuals not involved in the underlying investigation or judicial proceeding. The monitoring shall be conducted pursuant to procedures designed to minimize the intrusion into privileged material or conversations. Except in cases where the person in charge of the privilege team determines that the acts of terrorism are imminent, the privilege team shall not disclose any information unless and until such disclosure has been approved by a federal or military judge presiding over the legal matter for which attorneys or their agents represent the particular prisoner. (e) The affected prisoner may seek review of any specific limitation on communications or contacts imposed pursuant to this directive in accordance with AR 190-47, paragraph 10-14. The Commander, ACC will act on any request for review. The Provost Marshal General is the proponent for this policy and will incorporate the provisions of this directive into AR 190-47 as soon as possible. This directive will be rescinded upon publication of the revised regulation. Brenda S. Bowen, Army Federal Register Liaison Officer. [FR Doc. 2018-15425 Filed 7-19-18; 8:45 am] BILLING CODE 5001-03-P
![Federal Register / Vol. 83, No. 140 / Friday, July 20, 2018 / Notices 34557
landowners/tenants when HCIS necessary to protect persons against the (d) In any case where the Secretary of
preventative or corrective maintenance risk of death or serious bodily injury. the Army specifically so orders, based
becomes necessary to ensure These procedures may be implemented on information from the Provost
uninterrupted Intercontinental Ballistic upon written notification to the Marshal General/Commanding General,
Missile command and control Commander, ACC, by the ASA (M&RA), United States Army Criminal
capability. The information collection that there is a substantial risk that a Investigation Command (USACIDC) that
requirement is necessary to report prisoner’s communications or contacts reasonable suspicion exists to believe
changes in ownership/lease with persons could result in death or that a particular prisoner may use
information, conditions of missile cable serious bodily injury to persons or communications with attorneys or their
route and associated appurtenances, and substantial damage to property that agents to solicit, further, or otherwise
projected building/excavation projects. would entail the risk of death or serious facilitate acts of terrorism, the
The information collected is used to bodily injury to persons. These SCCCM Commander, ACC, shall, in addition to
ensure system integrity and to maintain ordinarily may include housing the the SCCCM imposed under paragraph
a close contact public relations program prisoner in administrative segregation (a) of this section, provide appropriate
with involved personnel and agencies. and/or limiting certain conditions of procedures for the monitoring or review
Affected Public: Business or other for confinement, including, but not limited of communications between that
profit; Not-for-profit institutions. to, correspondence, visiting, interviews prisoner and attorneys or attorneys’
Annual Burden Hours: 1,125. with representatives of the news media, agents who are traditionally covered by
Number of Respondents: 4,500. and use of the telephone, as is the attorney-client privilege, for the
Responses per Respondent: 1. reasonably necessary to protect persons purpose of deterring future acts of
Annual Responses: 4,500. against the risk of death or serious terrorism.
Average Burden per Response: 15 bodily injury. The authority of the (1) The certification by the Secretary
mins. Commander, ACC under this paragraph of the Army under this paragraph (d)
Frequency: On Occasion. may not be delegated. shall be in addition to any findings or
(b) Designated ACS facility staff shall determinations relating to the need for
Dated: July 17, 2018.
provide to the affected prisoner, as soon the imposition of other SCCCM as
Shelly E. Finke, provided in paragraph (a) of this
Alternate OSD Federal Register, Liaison as practicable, written notification of the
restrictions imposed and the basis for section, but may be incorporated into
Officer, Department of Defense. the same document.
the restrictions. The notice’s statement
[FR Doc. 2018–15515 Filed 7–19–18; 8:45 am] (2) Except in the case of prior court
as to the basis may be limited in the
BILLING CODE 5001–05–P authorization, the Commander, ACC,
interest of prison security or safety, to shall provide written notice to the
protect against acts of violence or prisoner and to the attorneys involved
DEPARTMENT OF DEFENSE terrorism that could result in death or prior to the initiation of any such
serious bodily injury to persons, or monitoring or review authorized under
Department of the Army substantial damage to property that this paragraph (d). The notice shall
would entail the risk of death or serious explain:
Special Communication and Contact bodily injury to persons. The prisoner (i) That, notwithstanding the
Control Measures shall sign for and receive a copy of the provisions of DoDI 1325.07, AR 190–47,
AGENCY: Department of the Army, DoD. notification. The prisoner’s attorney(s) or other rules, all communications
of record shall also provide a written between the prisoner and attorneys may
ACTION: Notice; comment request. acknowledgement of receipt of the be monitored, to the extent determined
SUMMARY: This directive establishes the notice and an agreement to abide by the to be reasonably necessary for the
Special Communications and Contacts SCCCM. purpose of deterring future acts of
Control Measures (SCCCM) program to (c) Initial placement of a prisoner in terrorism;
provide specific limitations on the administrative segregation and/or any (ii) That communications between the
communications and contacts of Army limitation of the prisoner’s conditions of prisoner and attorneys or their agents
Corrections Command (ACC) prisoners confinement in accordance with are not protected by the attorney-client
to protect national security, public paragraph (a) of this section may be privilege if they would facilitate
safety, the good order, discipline and imposed for up to 120 days or, with the criminal acts or a conspiracy to commit
correctional mission of the Army approval of the ASA (M&RA), a longer criminal acts, or if those
Corrections System (ACS) facilities from period of time not to exceed one year. communications are not related to the
acts of violence or terrorism. Special restrictions imposed in seeking or providing of legal advice.
DATES: Comments are due by August 20,
accordance with paragraph (a) of this (3) The Commander, ACC, with the
2018. section may be extended thereafter by concurrence of the Judge Advocate
the Commander, ACC, in increments not General and the Army General Counsel,
ADDRESSES: Mail comments to: Office of to exceed one year, upon receipt by the shall employ appropriate procedures to
the Provost Marshal General (Gregory Commander, ACC of an additional ensure that all attorney-client
W. Limberis), 2800 Army Pentagon, written notification from the ASA communications are reviewed for
Washington, DC 20310. (M&RA) that there continues to be a privilege claims and that any properly
FOR FURTHER INFORMATION CONTACT: Mr. substantial risk that the prisoner’s privileged materials (including, but not
Gregory Stroebel, (703) 545–5935. communications or contacts with other limited to, recordings of privileged
daltland on DSKBBV9HB2PROD with NOTICES
SUPPLEMENTARY INFORMATION: persons could result in death or serious communications) are not retained
(a) Upon direction of the Assistant bodily injury to persons or substantial during the course of the monitoring. To
Secretary of the Army for Manpower damage to property that would entail protect the attorney-client privilege and
and Reserve Affairs (ASA (M&RA)), the the risk of death or serious bodily injury to ensure that the investigation or
Commander, ACC, may authorize the to persons. The authority of the judicial proceeding is not compromised
Commander of an ACS Facility to Commander, ACC under this paragraph by exposure to privileged material
implement SCCCM that are reasonably may not be delegated. relating to the investigation, judicial
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![34558 Federal Register / Vol. 83, No. 140 / Friday, July 20, 2018 / Notices
proceeding or to defense strategy, a Water). NISP would result in direct rehabilitating the existing diversion and
privilege team shall be designated by impacts to jurisdictional waters of the intake structure in the Cache la Poudre
the Judge Advocate General, consisting U.S., including wetlands. The River as well as constructing a new
of individuals not involved in the placement of fill material into waters of diversion and intake structure, forebay,
underlying investigation or judicial the U.S. requires authorization from the pumping facility, and outlet channel.
proceeding. The monitoring shall be Corps under Section 404 of the Clean Glade Reservoir would inundate
conducted pursuant to procedures Water Act. Northern Water is the approximately 7 miles of U.S. Highway
designed to minimize the intrusion into applicant for the Section 404 permit, 287 and a section of the Munroe (North
privileged material or conversations. acting on behalf of the Participants. In Poudre Supply) Canal, requiring a
Except in cases where the person in accordance with Section 176 of the relocation of the highway and the canal.
charge of the privilege team determines Clean Air Act a Draft General Northern Water also proposes to
that the acts of terrorism are imminent, Conformity Determination has been construct the South Platte Water
the privilege team shall not disclose any prepared for the Project. Conservation Project (SPWCP) which
information unless and until such DATES: Written comments on the Final includes Upper Galeton Reservoir with
disclosure has been approved by a EIS and the Draft General Conformity a total storage capacity of approximately
federal or military judge presiding over Determination will be accepted on or 45,624 AF. The SPWCP includes the
the legal matter for which attorneys or before September 4, 2018. construction of a new diversion and
their agents represent the particular ADDRESSES: Send written comments intake structure in the South Platte
prisoner. regarding NISP, the Final EIS, and the River, pumping facilities, and new
(e) The affected prisoner may seek Draft General Conformity Determination pipelines for Upper Galeton Reservoir.
review of any specific limitation on to John Urbanic, NISP EIS Project This FEIS evaluates the effects of the
communications or contacts imposed Manager, U.S. Army Corps of Engineers, following alternatives to NISP:
pursuant to this directive in accordance Omaha District, Denver Regulatory Alternative 1—No Action Alternative;
with AR 190–47, paragraph 10–14. The Office, 9307 South Wadsworth Alternative 2M—Glade Reservoir with
Commander, ACC will act on any Boulevard, Littleton, CO 80128, or by modified conveyance and the South
request for review. email to nisp.eis@usace.army.mil. Platte Water Conservation Project
The Provost Marshal General is the Requests to be placed on or be removed (Applicant’s Preferred Alternative);
proponent for this policy and will from the NISP mailing list should also Alternative 2—Glade Reservoir and the
incorporate the provisions of this be sent to this address. South Platte Water Conservation Project;
directive into AR 190–47 as soon as FOR FURTHER INFORMATION CONTACT: John Alternative 3—Cactus Hill Reservoir,
possible. This directive will be Urbanic, NISP EIS Project Manager, Poudre Valley Canal Diversion, and the
rescinded upon publication of the telephone 303–979–4120, fax at 303– South Platte Water Conservation Project;
revised regulation. 979–0602, or email at nisp.eis@ and Alternative 4—Cactus Hill
Brenda S. Bowen, usace.army.mil. Reservoir, with multiple diversion
Army Federal Register Liaison Officer. SUPPLEMENTARY INFORMATION: The Final locations, and the South Platte Water
[FR Doc. 2018–15425 Filed 7–19–18; 8:45 am] EIS was prepared in accordance with Conservation Project.
the National Environmental Policy Act In accordance with Section 176 of the
BILLING CODE 5001–03–P
of 1969, as amended (NEPA), and the Clean Air Act and the Environmental
Corps’ regulations for NEPA Protection Agency’s general conformity
DEPARTMENT OF DEFENSE implementation (33 Code of Federal regulations (40 CFR part 93, subpart B),
Regulations [CFR] Parts 230 and 325, a Draft General Conformity
Department of the Army, Corps of Appendix B). The Corps, Omaha Determination has been prepared for the
Engineers District, Denver Regulatory Office is the Project. Section 176 of the Clean Air Act
lead federal agency responsible for the requires federal agencies to ensure that
Availability of the Final Environmental Final EIS. Information contained in the their actions conform to applicable
Impact Statement for the Northern EIS serves as the basis for a decision implementation plans for achieving and
Integrated Supply Project, Larimer and regarding issuance of a Section 404 maintaining the National Ambient Air
Weld Counties, Colorado Permit. It also provides information for Quality Standards for criteria air
AGENCY: Department of the Army, U.S. local and state agencies that have pollutants. The Corps has prepared a
Army Corps of Engineers, DoD. jurisdictional responsibility for affected Draft Conformity Determination for the
resources. Project and has included it in Chapter
ACTION: Notice of availability.
The Corps released a Draft EIS for 4.14.7 of the Final EIS. The Draft
SUMMARY: The U.S. Army Corps of NISP on April 30, 2008 and a General Conformity Determination finds
Engineers (Corps) Omaha District has Supplemental Draft EIS on June 19, that all alternatives of the Project
prepared a Final Environmental Impact 2015. The Corps has considered the conform with the State Implementation
Statement (EIS) to analyze the direct, comments received on the Draft and Plan.
indirect, and cumulative effects of a Supplemental Draft EIS in the The U.S. Environmental Protection
water supply project called the Northern development of the Final EIS. The Agency Region VIII, U.S. Fish and
Integrated Supply Project (NISP or purpose of the Final EIS is to provide Wildlife Service, Bureau of Land
Project) in Larimer and Weld Counties, decision-makers and the public with Management, Colorado Department of
CO. The purpose of NISP is to provide information pertaining to the Project, Transportation, Colorado Department of
daltland on DSKBBV9HB2PROD with NOTICES
the Participants, a group of 15 water disclose environmental impacts of the Natural Resources, Colorado
providers and communities, with alternatives, and identify mitigation Department of Public Health and
approximately 40,000 acre-feet (AF) per measures to reduce impacts. In NISP, Environment, and Larimer County
year of new, reliable municipal water Northern Water proposes to construct participated as cooperating agencies in
supply through a regional project Glade Reservoir with a total storage the development of the Final EIS.
coordinated by the Northern Colorado capacity of approximately 170,000 AF. Copies of the Final EIS will be
Water Conservancy District (Northern The Project would also involve available for review at:
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Document Created: 2018-07-20 01:18:03
Document Modified: 2018-07-20 01:18:03
| 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; comment request. | |
| Dates | Comments are due by August 20, 2018. | |
| Contact | Mr. Gregory Stroebel, (703) 545-5935. | |
| FR Citation | 83 FR 34557 |
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