DNA Sample Collection From Federal Offenders Under the Justice for All Act of 2004, 10886-10887 [05-4303]
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10886
Federal Register / Vol. 70, No. 43 / Monday, March 7, 2005 / Rules and Regulations
provided in section 6334(e), the
principal residence (within the meaning
of section 121) of the taxpayer and
tangible personal property or real
property (other than real property which
is rented) used in the trade or business
of an individual taxpayer.
*
*
*
*
*
(d) Levy allowed on principal
residence. The Service will seek
approval, in writing, by a judge or
magistrate of a district court of the
United States prior to levy of property
that is owned by the taxpayer and used
as the principal residence of the
taxpayer, the taxpayer’s spouse, the
taxpayer’s former spouse, or the
taxpayer’s minor child.
(1) Nature of judicial proceeding. The
Government will initiate a proceeding
for judicial approval of levy on a
principal residence by filing a petition
with the appropriate United States
District Court demonstrating that the
underlying liability has not been
satisfied, the requirements of any
applicable law or administrative
procedure relevant to the levy have been
met, and no reasonable alternative for
collection of the taxpayer’s debt exists.
The petition will ask the court to issue
to the taxpayer an order to show cause
why the principal residence property
should not be levied and will also ask
the court to issue a notice of hearing.
(2) The taxpayer will be granted a
hearing to rebut the Government’s prima
facie case if the taxpayer files an
objection within the time period
required by the court raising a genuine
issue of material fact demonstrating that
the underlying tax liability has been
satisfied, that the taxpayer has other
assets from which the liability can be
satisfied, or that the Service did not
follow the applicable laws or
procedures pertaining to the levy. The
taxpayer is not permitted to challenge
the merits underlying the tax liability in
the proceeding. Unless the taxpayer files
a timely and appropriate objection, the
court would be expected to enter an
order approving the levy of the
principal residence property.
(3) Notice letter to be issued to certain
family members. If the property to be
levied is owned by the taxpayer but is
used as the principal residence of the
taxpayer’s spouse, the taxpayer’s former
spouse, or the taxpayer’s minor child,
the Government will send a letter to
each such person providing notice of
the commencement of the proceeding.
The letter will be addressed in the name
of the taxpayer’s spouse or ex-spouse,
individually or on behalf of any minor
children. If it is unclear who is living in
the principal residence property and/or
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14:12 Mar 04, 2005
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what such person’s relationship is to the
taxpayer, a letter will be addressed to
‘‘Occupant’’. The purpose of the letter is
to provide notice to the family members
that the property may be levied. The
family members may not be joined as
parties to the judicial proceeding
because the levy attaches only to the
taxpayer’s legal interest in the subject
property and the family members have
no legal standing to contest the
proposed levy.
(e) Levy allowed on certain business
assets. The property described in
section 6334(a)(13)(B)(ii) shall not be
exempt from levy if—
(1) An Area Director of the Service
personally approves (in writing) the
levy of such property; or
(2) The Secretary finds that the
collection of tax is in jeopardy. An Area
Director may not approve a levy under
paragraph (e)(1) unless the Area Director
determines that the taxpayer’s other
assets subject to collection are
insufficient to pay the amount due,
together with expenses of the
proceeding. When other assets of an
individual taxpayer include permits
issued by a State and required under
State law for the harvest of fish or
wildlife in the taxpayer’s trade or
business, the taxpayer’s other assets also
include future income that may be
derived by such taxpayer from the
commercial sale of fish or wildlife
under such permit.
(f) Levy allowed on certain specified
payments. Any payment described in
section 6331(h)(2)(B) or (C) shall not be
exempt from levy if the Secretary
approves the levy thereon under section
6331(h).
(g) Inflation adjustment. For any
calendar year beginning after 1999, each
dollar amount referred to in paragraphs
(a)(2) and (3) of this section will be
increased by an amount equal to the
dollar amount multiplied by the cost-ofliving adjustment determined under
section 1(f)(3) for the calendar year
(using the language ‘‘calendar year
1998’’ instead of ‘‘calendar year 1992’’
in section 1(f)(3)(B)). If any dollar
amount as adjusted is not a multiple of
$10, the dollar amount will be rounded
to the nearest multiple of $10 (rounding
up if the amount is a multiple of $5).
(h) Effective date. This section is
generally effective with respect to levies
made on or after July 1, 1989. However,
any reasonable attempt by a taxpayer to
comply with the statutory amendments
addressed by the regulations in this
section prior to February 21, 1995, will
be considered as meeting the
requirements of the regulations in this
section. In addition, paragraph (a)(11)(i)
of this section is applicable with respect
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to levies issued after December 31, 1996.
Paragraphs (a)(2), (a)(3), (a)(8), (a)(13),
(d), (e), (f), (g) and (h) of this section
apply as of March 7, 2005.
Mark E. Matthews,
Deputy Commissioner for Services and
Enforcement.
Approved: February 15, 2005.
Eric Solomon,
Acting Deputy Assistant Secretary of the
Treasury.
[FR Doc. 05–4383 Filed 3–4–05; 8:45 am]
BILLING CODE 4830–01–P
DEPARTMENT OF JUSTICE
28 CFR Part 28
[Docket No. OAG 108; A.G. Order No. 2753–
2005]
RIN 1105–AB09
DNA Sample Collection From Federal
Offenders Under the Justice for All Act
of 2004
Department of Justice, Office of
the Attorney General.
ACTION: Corrections to interim rule.
AGENCY:
SUMMARY: This document contains
corrections to the interim rule published
Monday, January 31, 2005, at 70 FR
4763, relating to DNA sample collection
from federal offenders under the Justice
for All Act of 2004. These corrections
conform the references in the preamble
to the actual paragraph designations in
§ 28.2(b)(3) and also correct a
typographical error.
DATES: Effective March 7, 2005.
FOR FURTHER INFORMATION CONTACT:
David J. Karp, Senior Counsel, Office of
Legal Policy, Room 4509, Main Justice
Building, 950 Pennsylvania Avenue,
NW., Washington, DC 20530.
SUPPLEMENTARY INFORMATION: The
interim rule that is the subject of these
corrections implements section 203(b)
of Pub. L. 108–405, the Justice for All
Act of 2004. The rule amends 28 CFR
28.2 to reflect the expansion of the class
of federal offenses, conviction for which
results in the collection of DNA samples
from the offenders, to include all
felonies.
Corrections:
1. On page 4765, in the second
column, in the second full paragraph, in
the eighteenth line, ‘‘28.2(a)(1)’s’’ is
deleted and ‘‘28.2(b)(1)’s’’ is added in
lieu thereof.
2. On page 4765, in the third column,
in the first paragraph, in the sixteenth
line, ‘‘(b)(3)(A)’’ is deleted and
‘‘(b)(3)(i)’’ is added in lieu thereof.
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Federal Register / Vol. 70, No. 43 / Monday, March 7, 2005 / Rules and Regulations
3. On page 4765, in the third column,
in the first paragraph, in the thirty-first
line, ‘‘(b)(3)(A)’’ is deleted and
‘‘(b)(3)(i)’’ is added in lieu thereof.
4. On page 4765, in the third column,
in the second paragraph, in the fifth
line, ‘‘(b)(3)(A)’’ is deleted and
‘‘(b)(3)(i)’’ is added in lieu thereof.
5. On page 4766, in the first column,
in the first full paragraph, in the first
line, ‘‘(b)(3)(B)’’ is deleted and
‘‘(b)(3)(ii)’’ is added in lieu thereof.
6. On page 4766, in the first column,
in the first full paragraph, in the
fifteenth line, ‘‘(b)(3)(B)’’ is deleted and
‘‘(b)(3)(ii)’’ is added in lieu thereof.
7. On page 4766, in the first column,
in the second full paragraph, in the
eighteenth line, ‘‘(b)(3)(I)’’ is deleted
and ‘‘(b)(3)(ix)’’ is added in lieu thereof.
Rosemary Hart,
Federal Register Liaison Officer.
[FR Doc. 05–4303 Filed 3–4–05; 8:45 am]
BILLING CODE 4410–19–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[CGD05–04–196]
RIN 1625–AA08
Special Local Regulations for Marine
Events; Severn River, College Creek,
Weems Creek and Carr Creek,
Annapolis, MD
Coast Guard, DHS.
Final rule.
AGENCY:
ACTION:
SUMMARY: The Coast Guard is amending
the special local regulations at 33 CFR
100.518, established for marine events
held annually in the Severn River,
Annapolis, Maryland by publishing the
name of the events, the dates and
modifying the boundaries of the
regulated area. The marine events
included in this rule include the Safety
at Sea Seminar, U.S. Naval Academy
crew races and the Blue Angels air
show. This rule is intended to restrict
vessel traffic in portions of the Severn
River during the period of these marine
events and is necessary to provide for
the safety of life on navigable waters
during the event.
DATES: This rule is effective April 6,
2005.
Comments and material
received from the public, as well as
documents indicated in this preamble as
being available in the docket, are part of
docket (CGD05–04–196) and are
ADDRESSES:
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available for inspection or copying at
Commander (oax), Fifth Coast Guard
District, 431 Crawford Street,
Portsmouth, Virginia 23704–5004, Room
119, between 9 a.m. and 2 p.m., Monday
through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Dennis M. Sens, Project Manager,
Auxiliary and Recreational Boating
Safety Branch, at (757) 398–6204.
SUPPLEMENTARY INFORMATION:
Regulatory Information
On December 7, 2004, we published
a notice of proposed rulemaking
(NPRM) entitled Special Local
Regulations for Marine Events; Severn
River, College Creek, Weems Creek and
Carr Creek, Annapolis, MD in the
Federal Register (69 FR 234). We
received no letters commenting on the
proposed rule. No public meeting was
requested, and none was held.
Background and Purpose
The regulations at 33 CFR 100.518 are
enforced annually for the duration of
each marine event listed in paragraph
(c) of § 100.518, U.S. Naval Academy
marine events. Paragraph (c) of
§ 100.518 lists the enforcement dates for
the Safety at Sea Seminar on the last
Saturday of March, the U.S. Naval
Academy crew races on the third and
fourth Saturday of April, and the third
Friday in May, and the Blue Angels air
show on the last Tuesday and
Wednesday in May. Notice of exact
time, date and location of the event will
be published in the Federal Register
prior to the event. The northwest and
southeast boundaries of the regulated
area in section 100.518 will be extended
approximately 1200 yards to
accommodate the aerobatic
maneuvering area for the air show and
encompass the rowing course for Naval
Academy crew races. The U.S. Naval
Academy who is the sponsor for all of
these events intends to hold them
annually.
Discussion of Comments and Changes
No comments were received in
response to the notice of proposed
rulemaking (NPRM) published in the
Federal Register. Accordingly, the Coast
Guard is establishing special local
regulations on specified waters of the
Severn River, College Creek, Weems
Creek and Carr Creek. Since no
comments were received, no changes to
this regulation were made.
Regulatory Evaluation
This rule is not a ‘‘significant
regulatory action’’ under section 3(f) of
Executive Order 12866, Regulatory
Planning and Review, and does not
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10887
require an assessment of potential costs
and benefits under section 6(a)(3) of that
Order. The Office of Management and
Budget has not reviewed it under that
Order. It is not ‘‘significant’’ under the
regulatory policies and procedures of
the Department of Homeland Security
(DHS).
We expect the economic impact of
this rule to be so minimal that a full
Regulatory Evaluation under the
regulatory policies and procedures of
DHS is unnecessary. The effect of this
action merely establishes the dates on
which the existing regulations would be
in effect and modifies the boundaries of
the regulated area and does not impose
any new restrictions on vessel traffic.
Small Entities
Under the Regulatory Flexibility Act
(5 U.S.C. 601–612), we have considered
whether this rule would have a
significant economic impact on a
substantial number of small entities.
The term ‘‘small entities’’ comprises
small businesses, not-for-profit
organizations that are independently
owned and operated and are not
dominant in their fields, and
governmental jurisdictions with
populations of less than 50,000.
The Coast Guard certifies under 5
U.S.C. 605(b) that this rule does not
have a significant economic impact on
a substantial number of small entities.
This rule may effect the following
entities, some of which might be small
entities: the owners or operators of
vessels intending to transit or anchor in
a portion of the Severn River during the
event.
This rule does not have a significant
economic impact on a substantial
number of small entities for the
following reasons. This rule merely
establishes the dates on which the
existing regulations will be in effect and
modify the boundaries of the regulated
area and will not impose any new
restrictions on vessel traffic.
Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 104–
121), we offered to assist small entities
in understanding the rule so that they
could better evaluate its effects on them
and participate in the rulemaking
process. If the rule affects your small
business, organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please contact the address
listed under ADDRESSES. The Coast
Guard will not retaliate against small
entities that question or complain about
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]]>Agencies
[Federal Register Volume 70, Number 43 (Monday, March 7, 2005)]
[Rules and Regulations]
[Pages 10886-10887]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-4303]
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DEPARTMENT OF JUSTICE
28 CFR Part 28
[Docket No. OAG 108; A.G. Order No. 2753-2005]
RIN 1105-AB09
DNA Sample Collection From Federal Offenders Under the Justice
for All Act of 2004
AGENCY: Department of Justice, Office of the Attorney General.
ACTION: Corrections to interim rule.
-----------------------------------------------------------------------
SUMMARY: This document contains corrections to the interim rule
published Monday, January 31, 2005, at 70 FR 4763, relating to DNA
sample collection from federal offenders under the Justice for All Act
of 2004. These corrections conform the references in the preamble to
the actual paragraph designations in Sec. 28.2(b)(3) and also correct
a typographical error.
DATES: Effective March 7, 2005.
FOR FURTHER INFORMATION CONTACT: David J. Karp, Senior Counsel, Office
of Legal Policy, Room 4509, Main Justice Building, 950 Pennsylvania
Avenue, NW., Washington, DC 20530.
SUPPLEMENTARY INFORMATION: The interim rule that is the subject of
these corrections implements section 203(b) of Pub. L. 108-405, the
Justice for All Act of 2004. The rule amends 28 CFR 28.2 to reflect the
expansion of the class of federal offenses, conviction for which
results in the collection of DNA samples from the offenders, to include
all felonies.
Corrections:
1. On page 4765, in the second column, in the second full
paragraph, in the eighteenth line, ``28.2(a)(1)'s'' is deleted and
``28.2(b)(1)'s'' is added in lieu thereof.
2. On page 4765, in the third column, in the first paragraph, in
the sixteenth line, ``(b)(3)(A)'' is deleted and ``(b)(3)(i)'' is added
in lieu thereof.
[[Page 10887]]
3. On page 4765, in the third column, in the first paragraph, in
the thirty-first line, ``(b)(3)(A)'' is deleted and ``(b)(3)(i)'' is
added in lieu thereof.
4. On page 4765, in the third column, in the second paragraph, in
the fifth line, ``(b)(3)(A)'' is deleted and ``(b)(3)(i)'' is added in
lieu thereof.
5. On page 4766, in the first column, in the first full paragraph,
in the first line, ``(b)(3)(B)'' is deleted and ``(b)(3)(ii)'' is added
in lieu thereof.
6. On page 4766, in the first column, in the first full paragraph,
in the fifteenth line, ``(b)(3)(B)'' is deleted and ``(b)(3)(ii)'' is
added in lieu thereof.
7. On page 4766, in the first column, in the second full paragraph,
in the eighteenth line, ``(b)(3)(I)'' is deleted and ``(b)(3)(ix)'' is
added in lieu thereof.
Rosemary Hart,
Federal Register Liaison Officer.
[FR Doc. 05-4303 Filed 3-4-05; 8:45 am]
BILLING CODE 4410-19-P
