Sentencing Guidelines for United States Courts, 3504-3505 [E8-889]

Download as PDF 3504 Federal Register / Vol. 73, No. 13 / Friday, January 18, 2008 / Notices exchange 6 and, in particular, the requirements of section 6 of the Act.7 Specifically, the Commission finds that the proposed rule change is consistent with section 6(b)(5) of the Act,8 which Electronic Comments requires, among other things, that the rules of a national securities exchange • Use the Commission’s Internet be designed to promote just and comment form (https://www.sec.gov/ equitable principles of trade, to remove rules/sro.shtml); or impediments to and perfect the • Send an e-mail to rulemechanism of a free and open market comments@sec.gov. Please include File and a national market system, and, in Number SR–NYSE–2008–01 on the general, to protect investors and the subject line. public interest. The Commission also finds that the proposal is consistent Paper Comments with section 6(b)(4) of the Act,9 which • Send paper comments in triplicate requires the equitable allocation of reasonable dues, fees, and other charges to Nancy M. Morris, Secretary, among the Exchange’s members and Securities and Exchange Commission, issuers and other persons using its 100 F Street, NE., Washington, DC facilities. The Commission believes that 20549–1090. the proposed rule change to amend All submissions should refer to File NYSE Rule 129 to incorporate the Number SR–NYSE–2008–01. This file reduced gross FOCUS fees is number should be included on the appropriate and consistent with the Act. subject line if e-mail is used. To help the The Commission finds good cause to Commission process and review your approve the proposal prior to the comments more efficiently, please use thirtieth day after the proposal was only one method. The Commission will published for comment in the Federal post all comments on the Commission’s Register. This approval allows the Internet Web site (https://www.sec.gov/ NYSE to immediately update its rule to rules/sro.shtml). Copies of the accurately reflect the revised gross submission, all subsequent FOCUS fees. The proposal to reduce the amendments, all written statements gross FOCUS fees was already with respect to the proposed rule published for comment,10 the change that are filed with the Commission received no comments on Commission, and all written the earlier proposal, and interested communications relating to the persons were provided the opportunity proposed rule change between the to submit comments on an essentially Commission and any person, other than identical proposal. For these reasons, those that may be withheld from the the Commission finds good cause, public in accordance with the consistent with section 19(b)(2) of the provisions of 5 U.S.C. 552, will be Act, to grant accelerated approval to the available for inspection and copying in proposal. the Commission’s Public Reference V. Conclusion Room, 100 F Street, NE., Washington, DC 20549, on official business days It is therefore ordered, pursuant to between the hours of 10 a.m. and 3 p.m. section 19(b)(2) of the Act, that the Copies of such filing also will be proposed rule change (SR–NYSE–2008– available for inspection and copying at 01) is hereby approved on an the principal office of the NYSE. All accelerated basis.11 comments received will be posted For the Commission, by the Division of without change; the Commission does Trading and Markets, pursuant to delegated not edit personal identifying authority.12 information from submissions. You Florence E. Harmon, should submit only information that Deputy Secretary. you wish to make available publicly. All [FR Doc. E8–832 Filed 1–17–08; 8:45 am] submissions should refer to File Number SR–NYSE–2008–01 and should BILLING CODE 8011–01–P be submitted on or before February 8, 6 In approving this proposed rule change the 2008. SUMMARY: Pursuant to section 5(c) of the Emergency and Disaster Assistance Fraud Penalty Enhancement Act of 2007, Public Law 110–179, the Commission hereby gives notice of a temporary, emergency amendment to the sentencing guidelines and commentary. This notice sets forth the temporary, emergency amendment and the reason for amendment. DATES: The Commission has specified an effective date of February 6, 2008, for the emergency amendment. FOR FURTHER INFORMATION CONTACT: Michael Courlander, Public Affairs Officer, Telephone: (202) 502–4590. SUPPLEMENTARY INFORMATION: The Commission must promulgate a temporary, emergency amendment to implement the directive in section 5(c) of the Emergency and Disaster Assistance Fraud Penalty Enhancement Act of 2007, Public Law 110–179, by February 6, 2008. The statutory deadline for the promulgation of the temporary, emergency amendment, in conjunction with the Commission’s public meeting schedule (the promulgation of such amendments must occur in a public meeting), made it impracticable to publish a proposed temporary, emergency amendment in the Federal Register in order to provide an opportunity for public comment, and to publish the promulgated amendment not less than 30 days before the effective date. The Commission therefore had good cause not to publish a proposed amendment before promulgation of the amendment and not to publish the promulgated amendment 30 days or more before the specified effective date of the amendment. See 5 U.S.C. 553(b), (d)(3). The temporary, emergency amendment set forth in this notice also may be accessed through the Commission’s Web site at https:// www.ussc.gov. IV. Commission Findings Authority: 28 U.S.C. 994(a), (o), (p), (x); section 5(c) of Pub. L. 110–179. rwilkins on PROD1PC63 with NOTICES including whether the proposed rule change is consistent with the Act. Comments may be submitted by any of the following methods: The Commission finds that the proposed rule change is consistent with the requirements of the Act and the rules and regulations thereunder applicable to a national securities VerDate Aug<31>2005 16:37 Jan 17, 2008 Jkt 214001 Commission has considered the proposed rule’s impact on efficiency, competition, and capital formation. 15 U.S.C. 78c(f). 7 15 U.S.C. 78f. 8 15 U.S.C. 78f(b)(5). 9 15 U.S.C. 78f(b)(4). 10 See Release No. 34–56181, supra note 3. 11 15 U.S.C. 78s(b)(2). 12 17 CFR 200.30–3(a)(12). PO 00000 Frm 00057 Fmt 4703 Sfmt 4703 UNITED STATES SENTENCING COMMISSION Sentencing Guidelines for United States Courts United States Sentencing Commission. ACTION: Notice of a temporary, emergency amendment to sentencing guidelines and commentary. AGENCY: Ricardo H. Hinojosa, Chair. 1. Amendment: Section 2B1.1(b) is amended by adding at the end the following: E:\FR\FM\18JAN1.SGM 18JAN1 rwilkins on PROD1PC63 with NOTICES Federal Register / Vol. 73, No. 13 / Friday, January 18, 2008 / Notices ‘‘(16) If the offense involved fraud or theft involving any benefit authorized, transported, transmitted, transferred, disbursed, or paid in connection with a declaration of a major disaster or an emergency, increase by 2 levels.’’. The Commentary to § 2B1.1 captioned ‘‘Application Notes’’ is amended in Note 3 by inserting after the paragraph that begins ‘‘(III) Offenses Under 18 U.S.C. 1030.—’’ the following: ‘‘(IV) Disaster Fraud Cases.—In a case in which subsection (b)(16) applies, reasonably foreseeable pecuniary harm includes the administrative costs to any federal, state, or local government entity or any commercial or not-for-profit entity of recovering the benefit from any recipient thereof who obtained the benefit through fraud or was otherwise ineligible for the benefit that were reasonably foreseeable.’’. The Commentary to § 2B1.1 captioned ‘‘Application Notes’’ is amended by redesignating Notes 15 through 19 as Notes 16 through 20, respectively; and by inserting after Note 14 the following: ‘‘15. Application of Subsection (b)(16).— (A) Definitions.—For purposes of this subsection: ‘Emergency’ has the meaning given that term in 42 U.S.C. 5122.’’. ‘Major disaster’ has the meaning given that term in 42 U.S.C. 5122. The Commentary to § 2B1.1 captioned ‘‘Background’’ is amended by adding at the end the following: ‘‘Subsection (b)(16) implements the directive in section 5 of Public Law 110–179.’’. Appendix A (Statutory Index) is amended by inserting after the line reference to 18 U.S.C. 1039 the following: ‘‘18 U.S.C. 1040 2B1.1’’. Reason for Amendment: This amendment implements the emergency directive in section 5 of the Emergency and Disaster Assistance Fraud Penalty Enhancement Act of 2007, Public Law 110–179. The directive, which requires the Commission to promulgate an amendment under emergency amendment authority by February 6, 2008, directs that the Commission forthwith shall—promulgate sentencing guidelines or amend existing sentencing guidelines to provide for increased penalties for persons convicted of fraud or theft offenses in connection with a major disaster declaration under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170) or an emergency declaration under section 501 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5191) * * *. VerDate Aug<31>2005 16:37 Jan 17, 2008 Jkt 214001 Section 5(b) of the Act further requires the Commission to— (1) Ensure that the sentencing guidelines and policy statements reflect the serious nature of the offenses described in subsection (a) and the need for aggressive and appropriate law enforcement action to prevent such offenses; (2) Assure reasonable consistency with other relevant directives and with other guidelines; (3) Account for any aggravating or mitigating circumstances that might justify exceptions, including circumstances for which the sentencing guidelines currently provide sentencing enhancements; (4) Make any necessary conforming changes to the sentencing guidelines; and (5) Assure that the guidelines adequately meet the purposes of sentencing as set forth in section 3553(a)(2) of title 18, United States Code. The amendment addresses the directive by creating a two-level enhancement that applies if the offense involved fraud or theft in connection with a declaration of a major disaster or emergency, as those terms are defined in 42 U.S.C. § 5122. In addition, the amendment modifies Application Note 3 to provide that for purposes of determining loss under subsection (b)(1), reasonably foreseeable pecuniary harm includes certain administrative costs in such cases. [FR Doc. E8–889 Filed 1–17–08; 8:45 am] BILLING CODE 2211–01–P SOCIAL SECURITY ADMINISTRATION [Docket No. SSA–2006–0096] Social Security Ruling (SSR) 94–4p; Rescission of SSR 94–4p, Policy Interpretation Ruling; Title II of Social Security Act and Title IV of the Federal Mine Safety and Health Act of 1977: Waiver of Recovery of Overpayments—Notice of Appeal and Waiver Rights—Right to a PreRecoupment Oral Hearing Before Waiver Can Be Denied Social Security Administration. Notice; correction. AGENCY: ACTION: SUMMARY: This document contains a correction to the notice of rescission of SSR 94–4p that was published in the Federal Register on January 11, 2008 (73 FR 2074). The effective date shown in one place in that notice was incorrect. FOR FURTHER INFORMATION CONTACT: Robin Strauss, Social Insurance Specialist, Social Security Administration, Office of Income PO 00000 Frm 00058 Fmt 4703 Sfmt 4703 3505 Security Programs, 252 Altmeyer Building, 6401 Security Boulevard, Baltimore, MD 21235–6401, (410) 965– 7944 for information about this notice. For information on eligibility or filing for benefits, call our national toll-free number, 1–800–772–1213 or TTY 1– 800–325–0778, or visit our Internet site, Social Security Online, at https:// www.socialsecurity.gov. SUPPLEMENTARY INFORMATION: The notice of rescission of SSR 94–4p that was published on January 11, 2008 (73 FR 2074) shows January 11, 2008 as the effective date in one place and February 11, 2008 in another place. However, this rescission was intended to be coordinated with the effective date of final rules that were also published on January 11, 2008 (73 FR 1970). The effective date of the final rules is February 11, 2008. Therefore, the effective date of the notice of rescission of SSR 94–4p is also February 11, 2008, and SSR 94–4p is obsolete and rescinded as of February 11, 2008. Dated: January 14, 2008. Paul Kryglik, Acting Social Security Regulations Officer. [FR Doc. E8–880 Filed 1–17–08; 8:45 am] BILLING CODE 4191–02–P DEPARTMENT OF STATE [Public Notice: 6065] 60-Day Notice of Proposed Information Collection: Agency Form DS–4127, NEA/PI Online Performance Reporting System (PRS), OMB Control Number 1405–XXXX Notice of request for public comments. ACTION: SUMMARY: The Department of State is seeking Office of Management and Budget (OMB) approval for the information collection described below. The purpose of this notice is to allow 60 days for public comment in the Federal Register preceding submission to OMB. We are conducting this process in accordance with the Paperwork Reduction Act of 1995. • Title of Information Collection: NEA/PI Online Performance Reporting System (PRS). • OMB Control Number: none. • Type of Request: New collection. • Originating Office: NEA/PI. • Form Number: DS–4127. • Respondents: Recipients of NEA/PI grants. • Estimated Number of Respondents: 70 respondents annually. • Estimated Number of Responses: 280 per year. E:\FR\FM\18JAN1.SGM 18JAN1

Agencies

United States Sentencing Commission

[Federal Register Volume 73, Number 13 (Friday, January 18, 2008)]
[Notices]
[Pages 3504-3505]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-889]


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UNITED STATES SENTENCING COMMISSION


Sentencing Guidelines for United States Courts

AGENCY: United States Sentencing Commission.

ACTION: Notice of a temporary, emergency amendment to sentencing 
guidelines and commentary.

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

SUMMARY: Pursuant to section 5(c) of the Emergency and Disaster 
Assistance Fraud Penalty Enhancement Act of 2007, Public Law 110-179, 
the Commission hereby gives notice of a temporary, emergency amendment 
to the sentencing guidelines and commentary. This notice sets forth the 
temporary, emergency amendment and the reason for amendment.

DATES: The Commission has specified an effective date of February 6, 
2008, for the emergency amendment.

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

SUPPLEMENTARY INFORMATION: The Commission must promulgate a temporary, 
emergency amendment to implement the directive in section 5(c) of the 
Emergency and Disaster Assistance Fraud Penalty Enhancement Act of 
2007, Public Law 110-179, by February 6, 2008. The statutory deadline 
for the promulgation of the temporary, emergency amendment, in 
conjunction with the Commission's public meeting schedule (the 
promulgation of such amendments must occur in a public meeting), made 
it impracticable to publish a proposed temporary, emergency amendment 
in the Federal Register in order to provide an opportunity for public 
comment, and to publish the promulgated amendment not less than 30 days 
before the effective date. The Commission therefore had good cause not 
to publish a proposed amendment before promulgation of the amendment 
and not to publish the promulgated amendment 30 days or more before the 
specified effective date of the amendment. See 5 U.S.C. 553(b), (d)(3).
    The temporary, emergency amendment set forth in this notice also 
may be accessed through the Commission's Web site at https://
www.ussc.gov.

    Authority: 28 U.S.C. 994(a), (o), (p), (x); section 5(c) of Pub. 
L. 110-179.

Ricardo H. Hinojosa,
Chair.
    1. Amendment: Section 2B1.1(b) is amended by adding at the end the 
following:

[[Page 3505]]

    ``(16) If the offense involved fraud or theft involving any benefit 
authorized, transported, transmitted, transferred, disbursed, or paid 
in connection with a declaration of a major disaster or an emergency, 
increase by 2 levels.''.
    The Commentary to Sec.  2B1.1 captioned ``Application Notes'' is 
amended in Note 3 by inserting after the paragraph that begins ``(III) 
Offenses Under 18 U.S.C. 1030.--'' the following:
    ``(IV) Disaster Fraud Cases.--In a case in which subsection (b)(16) 
applies, reasonably foreseeable pecuniary harm includes the 
administrative costs to any federal, state, or local government entity 
or any commercial or not-for-profit entity of recovering the benefit 
from any recipient thereof who obtained the benefit through fraud or 
was otherwise ineligible for the benefit that were reasonably 
foreseeable.''.
    The Commentary to Sec.  2B1.1 captioned ``Application Notes'' is 
amended by redesignating Notes 15 through 19 as Notes 16 through 20, 
respectively; and by inserting after Note 14 the following:
    ``15. Application of Subsection (b)(16).--
    (A) Definitions.--For purposes of this subsection:
    `Emergency' has the meaning given that term in 42 U.S.C. 5122.''.
    `Major disaster' has the meaning given that term in 42 U.S.C. 5122.
    The Commentary to Sec.  2B1.1 captioned ``Background'' is amended 
by adding at the end the following:
    ``Subsection (b)(16) implements the directive in section 5 of 
Public Law 110-179.''.
    Appendix A (Statutory Index) is amended by inserting after the line 
reference to 18 U.S.C. 1039 the following:
    ``18 U.S.C. 1040 2B1.1''.
    Reason for Amendment: This amendment implements the emergency 
directive in section 5 of the Emergency and Disaster Assistance Fraud 
Penalty Enhancement Act of 2007, Public Law 110-179. The directive, 
which requires the Commission to promulgate an amendment under 
emergency amendment authority by February 6, 2008, directs that the 
Commission forthwith shall--promulgate sentencing guidelines or amend 
existing sentencing guidelines to provide for increased penalties for 
persons convicted of fraud or theft offenses in connection with a major 
disaster declaration under section 401 of the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170) or an 
emergency declaration under section 501 of the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5191) * * *.
    Section 5(b) of the Act further requires the Commission to--
    (1) Ensure that the sentencing guidelines and policy statements 
reflect the serious nature of the offenses described in subsection (a) 
and the need for aggressive and appropriate law enforcement action to 
prevent such offenses;
    (2) Assure reasonable consistency with other relevant directives 
and with other guidelines;
    (3) Account for any aggravating or mitigating circumstances that 
might justify exceptions, including circumstances for which the 
sentencing guidelines currently provide sentencing enhancements;
    (4) Make any necessary conforming changes to the sentencing 
guidelines; and
    (5) Assure that the guidelines adequately meet the purposes of 
sentencing as set forth in section 3553(a)(2) of title 18, United 
States Code.

    The amendment addresses the directive by creating a two-level 
enhancement that applies if the offense involved fraud or theft in 
connection with a declaration of a major disaster or emergency, as 
those terms are defined in 42 U.S.C. Sec.  5122. In addition, the 
amendment modifies Application Note 3 to provide that for purposes 
of determining loss under subsection (b)(1), reasonably foreseeable 
pecuniary harm includes certain administrative costs in such cases.
 [FR Doc. E8-889 Filed 1-17-08; 8:45 am]
BILLING CODE 2211-01-P

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