Sentencing Guidelines for United States Courts, 44344-44345 [E6-12649]

Download as PDF 44344 Federal Register / Vol. 71, No. 150 / Friday, August 4, 2006 / Notices 1. NYSE Arca Equities has appropriate rules to facilitate transactions in this type of security in all trading sessions. 2. NYSE Arca Equities surveillance procedures are adequate to properly monitor the trading of the Securities on the Exchange. 3. NYSE Arca Equities will distribute an Information Bulletin to its members prior to the commencement of trading of the Securities on the Exchange that explains the terms, characteristics, and risks of trading such securities. 4. NYSE Arca Equities will require a member with a customer who purchases newly issued Securities on the Exchange to provide that customer with a product prospectus and will note this prospectus delivery requirement in the Information Bulletin. 5. The Exchange will cease trading in the Securities if: (1) The primary market stops trading the securities because of a regulatory halt similar to a halt based on NYSE Arca Equities Rule 7.12 and/or a halt because the updated IIV or Index value are not disseminated at least every 15 seconds; or (2) if such other event occurs or condition exists which, in the opinion of the Exchange, makes further dealings on the Exchange inadvisable; or (3) the primary market delists the Securities. This approval order is conditioned on NYSE Arca Equities’ adherence to these representations. The Commission finds good cause for approving this proposed rule change, as amended, before the thirtieth day after the publication of notice thereof in the Federal Register. As noted previously, the Commission previously found that the listing and trading of these Securities on the NYSE is consistent with the Act.38 The Commission presently is not aware of any issue that would cause it to revisit that earlier finding or preclude the trading of these funds on the Exchange pursuant to UTP. Therefore, accelerating approval of this proposed rule change should benefit investors by creating, without undue delay, additional competition in the market for these Securities. gechino on PROD1PC61 with NOTICES V. Conclusion It is therefore ordered, pursuant to Section 19(b)(2) of the Act, that the proposed rule change (NYSEArca– 2006–19), as amended, is hereby approved on an accelerated basis.39 BILLING CODE 8010–01–P UNITED STATES SENTENCING COMMISSION Sentencing Guidelines for United States Courts United States Sentencing Commission. ACTION: Notice of proposed priorities; request for public comment. AGENCY: SUMMARY: As part of its statutory authority and responsibility to analyze sentencing issues, including operation of the Federal sentencing guidelines, and in accordance with Rule 5.2 of its Rules of Practice and Procedure, the Commission is seeking comment on possible priority policy issues for the amendment cycle ending May 1, 2007. DATES: Public comment should be received on or before September 1, 2006. Send comments to: United States Sentencing Commission, One Columbus Circle, NE., Suite 2–500, South Lobby, Washington, DC 20002– 8002, Attention: Public Affairs-Priorities Comment. FOR FURTHER INFORMATION CONTACT: Michael Courlander, Public Affairs Officer, Telephone: (202) 502–4590. 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 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 the Congress not later than the first day of May each year pursuant to 28 U.S.C. 994(p). The Commission provides this notice to identify tentative priorities for the amendment cycle ending May 1, 2007. The Commission recognizes, however, that other factors, such as the enactment of any legislation requiring Commission action, may affect the Commission’s ability to complete work on any of the tentative priorities by the statutory deadline of May 1, 2007. Accordingly, it ADDRESSES: 38 See 39 15 NYSE Order, supra note 5. U.S.C. 78s(b)(2). For the Commission, by the Division of Market Regulation, pursuant to delegated authority.40 Nancy M. Morris, Secretary. [FR Doc. E6–12635 Filed 8–3–06; 8:45 am] VerDate Aug<31>2005 22:39 Aug 03, 2006 40 17 Jkt 208001 PO 00000 CFR 200.30–3(a)(12). Frm 00091 Fmt 4703 Sfmt 4703 may be necessary to continue work on some of these issues beyond the amendment cycle ending on May 1, 2007. As so prefaced, the Commission has identified the following tentative priorities: (1) Implementation of crime legislation enacted during the 109th Congresses warranting a Commission response, including (A) the Stop Counterfeiting in Manufactured Goods Act, Pub. L. 109–181; (B) the USA PATRIOT Improvement and Reauthorization Act of 2005, Pub. L. 109–177; (C) the Violence Against Women and Department of Justice Reauthorization Act of 2005, Pub. L. 109–162; (D) the Trafficking Victims Protection Reauthorization of 2005, Pub. L. 109–164; (E) the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users, Pub. L. 109–59; and (F) other legislation authorizing statutory penalties, creating new offenses, or pertaining to victims, that requires incorporation into the guidelines; (2) Continuation of its work with the congressional, executive, and judicial branches of the government and other interested parties on appropriate responses to United States v. Booker, including any appropriate guideline changes in light of the Commission’s 2006 report to Congress, Final Report on the Impact of United States v. Booker on Federal Sentencing, as well as its continued analysis of post-Booker data, case law, and other feedback, including reasons for departures and variances stated by sentencing courts; (3) Continuation of its policy work regarding immigration offenses, specifically, offenses sentenced under 2L1.1 (Smuggling, Transporting, or Harboring an Unlawful Alien) and 2L1.2 (Unlawfully Entering or Remaining in the United States) and implementation of any immigration legislation that may be enacted; (4) Continuation of its work with the congressional, executive, and judicial branches of the government and other interested parties on cocaine sentencing policy, to possibly include a hearing on this issue and a reevaluation of the Commission’s 2002 report to Congress, Cocaine and Federal Sentencing Policy; (5) Consideration and possible development of guideline simplification options that might improve the operation of the sentencing guidelines; (6) Continuation of its policy work, in light of the Commission’s prior research on criminal history, to develop and consider possible options that might improve the operation of Chapter Four (Criminal History); E:\FR\FM\04AUN1.SGM 04AUN1 Federal Register / Vol. 71, No. 150 / Friday, August 4, 2006 / Notices (7) Continuation of its policy work to implement 28 U.S.C. 994(t), specifically regarding the development of further commentary to 1B1.13 (Reduction in Term of Imprisonment as a Result of Motion by Director of Bureau of Prisons); and (8) Resolution of a number of circuit conflicts, pursuant to the Commission’s continuing authority and responsibility, under 28 U.S.C. 991(b)(1)(B) and Braxton v. United States, 500 U.S. 344 (1991), to resolve conflicting interpretations of the guidelines by the Federal courts. The Commission hereby gives notice that it is seeking comment on these tentative priorities and on any other issues that interested persons believe the Commission should address during the amendment cycle ending May 1, 2007, including short- and long-term research issues. To the extent practicable, comments submitted on such issues should include the following: (1) A statement of the issue, including scope and manner of study, particular problem areas and possible solutions, and any other matters relevant to a proposed priority; (2) citations to applicable sentencing guidelines, statutes, case law, and constitutional provisions; and (3) a direct and concise statement of why the Commission should make the issue a priority. Authority: 28 U.S.C. 994(a), (o); USSC Rules of Practice and Procedure 5.2. Ricardo H. Hinojosa, Chair. [FR Doc. E6–12649 Filed 8–3–06; 8:45 am] BILLING CODE 2211–01–P DEPARTMENT OF STATE [Public Notice 5483] Bureau of International Security and Nonproliferation; Imposition of Nonproliferation Measures Against Foreign Entities, Including a Ban on U.S. Government Procurement Department of State. Notice. AGENCY: gechino on PROD1PC61 with NOTICES ACTION: SUMMARY: A determination has been made that seven entities have engaged in activities that require the imposition of measures pursuant to Section 3 of the Iran Nonproliferation Act of 2000, which provides for penalties on entities for the transfer to Iran since January 1, 1999, of equipment and technology controlled under multilateral export control lists (Missile Technology Control Regime, Australia Group, Chemical Weapons Convention, Nuclear VerDate Aug<31>2005 22:39 Aug 03, 2006 Jkt 208001 Suppliers Group, Wassenaar Arrangement) or otherwise having the potential to make a material contribution to the development of weapons of mass destruction (WMD) or cruise or ballistic missile systems. The latter category includes (a) items of the same kind as those on multilateral lists, but falling below the control list parameters, when it is determined that such items have the potential of making a material contribution to WMD or cruise or ballistic missile systems, (b) other items with the potential of making such a material contribution, when added through case-by-case decisions, and (c) items on U.S. national control lists for WMD/missile reasons that are not on multilateral lists. DATES: Effective Date: July 28, 2006. FOR FURTHER INFORMATION CONTACT: On general issues: Pamela K. Durham, Office of Missile Threat Reduction, Bureau of International Security and Nonproliferation, Department of State (202–647–4931). On U.S. Government procurement ban issues: Gladys Gines, Office of the Procurement Executive, Department of State (703–516–1691). SUPPLEMENTARY INFORMATION: Pursuant to Sections 2 and 3 of the Iran Nonproliferation Act of 2000 (Pub. L. 106–178), the U.S. Government determined on July 25, 2006 that the measures authorized in Section 3 of the Act shall apply to the following foreign entities identified in the report submitted pursuant to Section 2(a) of the Act: Korean Mining and Industrial Development Corporation (KOMID) (North Korea) and any successor, subunit, or subsidiary thereof; Korea Pugang Trading Corporation (North Korea) and any successor, subunit, or subsidiary thereof; Center for Genetic Engineering and Biotechnology (Cuba) and any successor, sub-unit, or subsidiary thereof; Balaji Amines (India) and any successor, sub-unit, or subsidiary thereof; Prachi Poly Products (India) and any successor, sub-unit, or subsidiary thereof; Rosoboronexport (Russia) and any successor, sub-unit, or subsidiary thereof; and Sukhoy (Russia) and any successor, sub-unit, or subsidiary thereof. Accordingly, pursuant to the provisions of the Act, the following measures are imposed on these entities: 1. No department or agency of the United States Government may procure, or enter into any contract for the procurement of, any goods, technology, or services from these foreign persons; PO 00000 Frm 00092 Fmt 4703 Sfmt 4703 44345 2. No department or agency of the United States Government may provide any assistance to the foreign persons, and these persons shall not be eligible to participate in any assistance program of the United States Government; 3. No United States Government sales to the foreign persons of any item on the United States Munitions List (as in effect on August 8, 1995) are permitted, and all sales to these persons of any defense articles, defense services, or design and construction services under the Arms Export Control Act are terminated; and 4. No new individual licenses shall be granted for the transfer to these foreign persons of items the export of which is controlled under the Export Administration Act of 1979 or the Export Administration Regulations, and any existing such licenses are suspended. These measures shall be implemented by the responsible departments and agencies of the United States Government and will remain in place for two years from the effective date, except to the extent that the Secretary of State may subsequently determine otherwise. A new determination will be made in the event that circumstances change in such a manner as to warrant a change in the duration of sanctions. Dated: July 31, 2006. Francis C. Record, Acting Assistant Secretary of State for International Security and Nonproliferation, Department of State. [FR Doc. E6–12641 Filed 8–3–06; 8:45 am] BILLING CODE 4710–27–P DEPARTMENT OF TRANSPORTATION Office of the Secretary Reports, Forms and Recordkeeping Requirements: Notice of Request for Extension of a Previously Approved Collection Office of the Secretary, DOT. Notice. AGENCY: ACTION: SUMMARY: In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35, as amended) this notice announces the Department of Transportation’s (DOT) intention to request an extension of a currently approved information collection. Before submitting this information collection to OMB for renewal, DOT is soliciting comments on whether the proposed collection of information is necessary for the proper performance of the functions of the Department, including whether the information will have E:\FR\FM\04AUN1.SGM 04AUN1

Agencies

[Federal Register Volume 71, Number 150 (Friday, August 4, 2006)]
[Notices]
[Pages 44344-44345]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-12649]


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UNITED STATES SENTENCING COMMISSION


Sentencing Guidelines for United States Courts

AGENCY: United States Sentencing Commission.

ACTION: Notice of proposed priorities; request for public comment.

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

SUMMARY: As part of its statutory authority and responsibility to 
analyze sentencing issues, including operation of the Federal 
sentencing guidelines, and in accordance with Rule 5.2 of its Rules of 
Practice and Procedure, the Commission is seeking comment on possible 
priority policy issues for the amendment cycle ending May 1, 2007.

DATES: Public comment should be received on or before September 1, 
2006.

ADDRESSES: Send comments to: United States Sentencing Commission, One 
Columbus Circle, NE., Suite 2-500, South Lobby, Washington, DC 20002-
8002, Attention: Public Affairs-Priorities Comment.

FOR FURTHER INFORMATION CONTACT: Michael Courlander, Public Affairs 
Officer, Telephone: (202) 502-4590.

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 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 the Congress not later than the first day of 
May each year pursuant to 28 U.S.C. 994(p).
    The Commission provides this notice to identify tentative 
priorities for the amendment cycle ending May 1, 2007. The Commission 
recognizes, however, that other factors, such as the enactment of any 
legislation requiring Commission action, may affect the Commission's 
ability to complete work on any of the tentative priorities by the 
statutory deadline of May 1, 2007. Accordingly, it may be necessary to 
continue work on some of these issues beyond the amendment cycle ending 
on May 1, 2007.
    As so prefaced, the Commission has identified the following 
tentative priorities:
    (1) Implementation of crime legislation enacted during the 109th 
Congresses warranting a Commission response, including (A) the Stop 
Counterfeiting in Manufactured Goods Act, Pub. L. 109-181; (B) the USA 
PATRIOT Improvement and Reauthorization Act of 2005, Pub. L. 109-177; 
(C) the Violence Against Women and Department of Justice 
Reauthorization Act of 2005, Pub. L. 109-162; (D) the Trafficking 
Victims Protection Reauthorization of 2005, Pub. L. 109-164; (E) the 
Safe, Accountable, Flexible, Efficient Transportation Equity Act: A 
Legacy for Users, Pub. L. 109-59; and (F) other legislation authorizing 
statutory penalties, creating new offenses, or pertaining to victims, 
that requires incorporation into the guidelines;
    (2) Continuation of its work with the congressional, executive, and 
judicial branches of the government and other interested parties on 
appropriate responses to United States v. Booker, including any 
appropriate guideline changes in light of the Commission's 2006 report 
to Congress, Final Report on the Impact of United States v. Booker on 
Federal Sentencing, as well as its continued analysis of post-Booker 
data, case law, and other feedback, including reasons for departures 
and variances stated by sentencing courts;
    (3) Continuation of its policy work regarding immigration offenses, 
specifically, offenses sentenced under 2L1.1 (Smuggling, Transporting, 
or Harboring an Unlawful Alien) and 2L1.2 (Unlawfully Entering or 
Remaining in the United States) and implementation of any immigration 
legislation that may be enacted;
    (4) Continuation of its work with the congressional, executive, and 
judicial branches of the government and other interested parties on 
cocaine sentencing policy, to possibly include a hearing on this issue 
and a reevaluation of the Commission's 2002 report to Congress, Cocaine 
and Federal Sentencing Policy;
    (5) Consideration and possible development of guideline 
simplification options that might improve the operation of the 
sentencing guidelines;
    (6) Continuation of its policy work, in light of the Commission's 
prior research on criminal history, to develop and consider possible 
options that might improve the operation of Chapter Four (Criminal 
History);

[[Page 44345]]

    (7) Continuation of its policy work to implement 28 U.S.C. 994(t), 
specifically regarding the development of further commentary to 1B1.13 
(Reduction in Term of Imprisonment as a Result of Motion by Director of 
Bureau of Prisons); and
    (8) Resolution of a number of circuit conflicts, pursuant to the 
Commission's continuing authority and responsibility, under 28 U.S.C. 
991(b)(1)(B) and Braxton v. United States, 500 U.S. 344 (1991), to 
resolve conflicting interpretations of the guidelines by the Federal 
courts.
    The Commission hereby gives notice that it is seeking comment on 
these tentative priorities and on any other issues that interested 
persons believe the Commission should address during the amendment 
cycle ending May 1, 2007, including short- and long-term research 
issues. To the extent practicable, comments submitted on such issues 
should include the following: (1) A statement of the issue, including 
scope and manner of study, particular problem areas and possible 
solutions, and any other matters relevant to a proposed priority; (2) 
citations to applicable sentencing guidelines, statutes, case law, and 
constitutional provisions; and (3) a direct and concise statement of 
why the Commission should make the issue a priority.

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

Ricardo H. Hinojosa,
Chair.
 [FR Doc. E6-12649 Filed 8-3-06; 8:45 am]
BILLING CODE 2211-01-P