Inmate Discipline Program/Special Housing Units: Subpart Revision and Clarification, 81853-81854 [2010-32706]
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Federal Register / Vol. 75, No. 249 / Wednesday, December 29, 2010 / Rules and Regulations
example is not specific about the timing
of the interstate travel in relation to the
enactment of SORNA, it could be
understood as referring to a situation in
which the travel occurred before the
enactment of SORNA. Accordingly, this
final rule makes minor changes in the
language of Example 2 so as to avoid
any arguable inconsistency with the
Supreme Court’s holding in Carr
regarding the scope of criminal liability
under 18 U.S.C. 2250.
Regulatory Flexibility Act
The Attorney General, in accordance
with the Regulatory Flexibility Act (5
U.S.C. 605(b)), has reviewed this
regulation and by approving it certifies
that this regulation will not have a
significant economic impact on a
substantial number of small entities for
the purposes of that Act because the
regulation concerns the application of
the requirements of the Sex Offender
Registration and Notification Act to
certain offenders.
Executive Order 12866
This regulation has been drafted and
reviewed in accordance with Executive
Order 12866, ‘‘Regulatory Planning and
Review,’’ section 1(b), Principles of
Regulation. The Department of Justice
has determined that this rule is a
‘‘significant regulatory action’’ under
Executive Order 12866, section 3(f), and
accordingly this rule has been reviewed
by the Office of Management and
Budget.
srobinson on DSKHWCL6B1PROD with RULES
Executive Order 13132
This regulation will not have
substantial direct effects on the States,
on the relationship between the national
Government and the States, or on the
distribution of power and
responsibilities among the various
levels of government. There has been
substantial consultation with State
officials regarding the interpretation and
implementation of the Sex Offender
Registration and Notification Act.
Therefore, in accordance with Executive
Order 13132, it is determined that this
rule does not have sufficient federalism
implications to warrant the preparation
of a federalism assessment.
Executive Order 12988—Civil Justice
Reform
This regulation meets the applicable
standards set forth in sections 3(a) and
3(b)(2) of Executive Order 12988.
Unfunded Mandates Reform Act of
1995
This rule will not result in the
expenditure by State, local and tribal
governments, in the aggregate, or by the
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18:32 Dec 28, 2010
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private sector, of $100 million or more
in any one year, and it will not
significantly or uniquely affect small
governments. Therefore, no actions were
deemed necessary under the provisions
of the Unfunded Mandates Reform Act
of 1995. By way of explanation, this rule
finalizes an interim rule concerning the
applicability of SORNA’s registration
requirements to sex offenders, including
those whose sex offense convictions
occurred before SORNA’s enactment.
The rule facilitates federal prosecution
of sex offenders in the affected classes
who fail to register as required, see 18
U.S.C. 2250, but it does not directly
require expenditures by state, local, or
tribal governments. The interim rule
was issued prior to the publication by
the Attorney General of the SORNA
Guidelines, appearing at 73 FR 38029 et
seq., which determine what state, local,
and tribal jurisdictions must do to
achieve substantial implementation of
the SORNA standards in their
registration programs. The SORNA
Guidelines include instructions to
jurisdictions concerning the classes of
sex offenders with pre-existing
convictions whom the jurisdictions
must register, and the costs of doing so
will not be affected or increased by the
finalization of the interim rule. Based on
the known costs in jurisdictions that
have implemented SORNA to date, it is
not anticipated that the cost of
implementing this aspect of the SORNA
standards will exceed $100 million
annually.
Executive Order 13175—Consultation
and Coordination with Indian Tribal
Governments
This rule comports with Executive
Order 13175. The Department of Justice
has carried out previous tribal
consultations regarding actions under
SORNA affecting Indian tribes. The
Department engaged in a voluntary
consultation on this rule with tribal
officials in Spokane, Washington, on
October 4, 2010.
Small Business Regulatory Enforcement
Fairness Act of 1996
This rule is not a major rule as
defined by section 251 of the Small
Business Regulatory Enforcement
Fairness Act of 1996. 5 U.S.C. 804. This
rule will not result in an annual effect
on the economy of $100 million or
more; a major increase in costs or prices;
or significant adverse effects on
competition, employment, investment,
productivity, or innovation, or on the
ability of United States-based
companies to compete with foreignbased companies in domestic and
export markets.
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81853
List of Subjects in 28 CFR Part 72
Crime, Information, Law enforcement,
Prisons, Prisoners, Records, Probation
and Parole.
■ Accordingly, for the reasons stated in
the interim rule adding 28 CFR part 72,
which was published at 72 FR 8894 on
February 28, 2007, and for the reasons
stated in the supplementary information
to this rule, the interim rule is adopted
as a final rule with one change as
follows:
PART 72—SEX OFFENDER
REGISTRATION AND NOTIFICATION
1. The authority citation continues to
read as follows:
■
Authority: Pub. L. 109–248, 120 Stat. 587.
2. In § 72.3, Example 2 is revised to
read as follows:
■
§ 72.3 Applicability of the Sex Offender
Registration and Notification Act.
*
*
*
*
*
Example 2. A sex offender is
convicted by a state jurisdiction in 1997
for molesting a child and is released
following imprisonment in 2000. The
sex offender initially registers as
required but relocates to another state in
2009 and fails to register in the new
state of residence. The sex offender has
violated the requirement under the Sex
Offender Registration and Notification
Act to register in any jurisdiction in
which he resides, and could be held
criminally liable under 18 U.S.C. 2250
for the violation because he traveled in
interstate commerce.
Dated: December 21, 2010.
Eric H. Holder, Jr.,
Attorney General.
[FR Doc. 2010–32719 Filed 12–28–10; 8:45 am]
BILLING CODE 4410–18–P
DEPARTMENT OF JUSTICE
Bureau of Prisons
28 CFR Part 541
[Docket No. BOP–1118–F]
RIN 1120–AB18
Inmate Discipline Program/Special
Housing Units: Subpart Revision and
Clarification
Bureau of Prisons, Justice.
Final rule; correction.
AGENCY:
ACTION:
The Bureau of Prisons
(Bureau) is correcting a final rule that
appeared in the Federal Register of
December 8, 2010 (75 FR 76263). The
document issued a final rule amending
SUMMARY:
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81854
Federal Register / Vol. 75, No. 249 / Wednesday, December 29, 2010 / Rules and Regulations
the Bureau’s Inmate Discipline Program
and Special Housing Units (SHU)
regulations. The Bureau issues this
correction document in order to correct
typographical and numbering errors. No
substantive changes are being made to
the final rule document.
DATES:
This rule is effective on March 1,
2011.
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2010–1108]
RIN 1625–AA00
Rules Unit, Office of
General Counsel, Bureau of Prisons, 320
First Street, NW., Washington, DC
20534.
Safety Zone; New Year’s Celebration
for the City of San Francisco,
Fireworks Display, San Francisco, CA
FOR FURTHER INFORMATION CONTACT:
ACTION:
ADDRESSES:
Sarah Qureshi, Office of General
Counsel, Bureau of Prisons, phone (202)
307–2105.
The
Bureau corrects its Inmate Discipline
and Special Housing Units (SHU)
regulations (28 CFR part 541, subpart A
and subpart B), as published in the
Federal Register of December 8, 2010
(75 FR 76263), FR Doc. 2010–30525, as
follows:
1. On page 76266, in the second
column, second full paragraph
beginning ‘‘Code 331’’, the reference to
‘‘§ 541.03’’ is corrected to read ‘‘§ 541.3’’.
SUPPLEMENTARY INFORMATION:
§ 541.3
[Corrected]
2. On page 76267, the title of Table 1,
‘‘Table 1—Prohibited Acts and Available
Sanctions Greatest Severity Level
Prohibited Acts’’ is corrected to read
‘‘Table 1—Prohibited Acts and Available
Sanctions’’.
3. On page 76267, in Table 1, between
the line after the title of Table 1 and
before the line beginning with ‘‘100’’,
insert a new line with a subheading to
read as follows: ‘‘Greatest Severity Level
Prohibited Acts’’.
§ 541.7
[Corrected]
4. On page 76272, in the first column,
in § 541.7(a)(4), ‘‘§ 541.04’’ is corrected
to read ‘‘§ 541.4’’.
5. On page 76272, in the first column,
in § 541(g), ‘‘§ 541.08’’ is corrected to
read ‘‘§ 541.8’’.
srobinson on DSKHWCL6B1PROD with RULES
§ 541.23
[Corrected]
12. On page 76273, in the third
column, in § 541.23(c)(3), ‘‘You
requested, or staff determined you need,
administrative detention status for your
own protection.’’ Is corrected to read
‘‘You requested, or staff determined you
need, administrative detention status for
your own protection; or’’.
Harley G. Lappin,
Director, Federal Bureau of Prisons.
[FR Doc. 2010–32706 Filed 12–28–10; 8:45 am]
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Coast Guard, DHS.
Temporary final rule.
AGENCY:
The Coast Guard is
establishing a temporary safety zone in
support of the New Year’s Eve
Celebration for the City of San Francisco
Fireworks Display. The temporary safety
zone will extend 100 feet from the
nearest point of the barge during the
loading, transit, and arrival of the
pyrotechnics, and will extend 1,000 feet
from the nearest point of the barge
during the fireworks display. This safety
zone is established to ensure the safety
of participants and spectators from the
dangers associated with the
pyrotechnics. Unauthorized persons or
vessels are prohibited from entering
into, transiting through, or remaining in
the safety zone without permission of
the Captain of the Port or her designated
representative.
DATES: This rule is effective from 11
a.m. on December 31, 2010 until 12:30
a.m. on January 1, 2011.
ADDRESSES: Documents indicated in this
preamble as being available in the
docket are part of docket USCG–2010–
1108 and are available online by going
to https://www.regulations.gov, inserting
USCG–2010–1108 in the ‘‘Keyword’’
box, and then clicking ‘‘Search.’’ They
are also available for inspection or
copying at the Docket Management
Facility (M–30), U.S. Department of
Transportation, West Building Ground
Floor, Room W12–140, 1200 New Jersey
Avenue, SE., Washington, DC 20590,
between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this temporary
rule, call Lieutenant Junior Grade
Allison Natcher at 415–399–7442, or email D11-PF-MarineEvents@uscg.mil. If
you have questions on viewing the
docket, call Renee V. Wright, Program
Manager, Docket Operations, telephone
202–366–9826.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Regulatory Information
The Coast Guard is issuing this
temporary final rule without prior
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notice and opportunity to comment
pursuant to authority under section 4(a)
of the Administrative Procedure Act
(APA) (5 U.S.C. 553(b)). This provision
authorizes an agency to issue a rule
without prior notice and opportunity to
comment when the agency for good
cause finds that those procedures are
‘‘impracticable, unnecessary, or contrary
to the public interest.’’ Under 5 U.S.C.
553(b)(B), the Coast Guard finds that
good cause exists for not publishing a
notice of proposed rulemaking (NPRM)
with respect to this rule, as it would be
impracticable to do so because the event
would occur before the rulemaking
process would be completed. Because of
the dangers posed by the pyrotechnics
used in these fireworks displays, the
safety zones are necessary to provide for
the safety of event participants,
spectators, spectator craft, and other
vessels transiting the event area. For the
safety concerns noted, it is in the public
interest to have these regulations in
effect during the event.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this rule effective less than 30
days after publication in the Federal
Register. Any delay in the effective date
of this rule would expose mariners to
the dangers posed by the pyrotechnics
used in the fireworks display.
Background and Purpose
The City of San Francisco will
sponsor the New Year’s Eve Celebration
for the City of San Francisco Fireworks
Display from 11:45 p.m. on December
31, 2010 until 12:30 a.m. on January 1,
2011, on the navigable waters of San
Francisco Bay located 1,000 feet from
the San Francisco Ferry Building in San
Francisco, CA. The fireworks display is
for entertainment purposes. From 11
a.m. until 11 p.m. on December 31,
2010, pyrotechnics will be loaded onto
a barge at Pier 50 near position
37°46′29.5″ N, 122°22′57.4″ W. From 11
p.m. until 11:20 p.m. the loaded barge
will be transiting from Pier 50 to the
launch site located at position
37°47′42.60″ N, 122°23′19.10″ W. The
Coast Guard has granted the event
sponsor a marine event permit for the
fireworks displays. We believe that a
safety zone is necessary to protect
spectators, vessels, and other property
from the hazards associated with
pyrotechnics on the fireworks barges.
Discussion of Rule
The Coast Guard is establishing a
safety zone to keep spectators and
vessels a safe distance away from the
fireworks barges to ensure the safety of
participants, spectators, and transiting
vessels during the fireworks display.
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]]>Agencies
[Federal Register Volume 75, Number 249 (Wednesday, December 29, 2010)]
[Rules and Regulations]
[Pages 81853-81854]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-32706]
-----------------------------------------------------------------------
DEPARTMENT OF JUSTICE
Bureau of Prisons
28 CFR Part 541
[Docket No. BOP-1118-F]
RIN 1120-AB18
Inmate Discipline Program/Special Housing Units: Subpart Revision
and Clarification
AGENCY: Bureau of Prisons, Justice.
ACTION: Final rule; correction.
-----------------------------------------------------------------------
SUMMARY: The Bureau of Prisons (Bureau) is correcting a final rule that
appeared in the Federal Register of December 8, 2010 (75 FR 76263). The
document issued a final rule amending
[[Page 81854]]
the Bureau's Inmate Discipline Program and Special Housing Units (SHU)
regulations. The Bureau issues this correction document in order to
correct typographical and numbering errors. No substantive changes are
being made to the final rule document.
DATES: This rule is effective on March 1, 2011.
ADDRESSES: Rules Unit, Office of General Counsel, Bureau of Prisons,
320 First Street, NW., Washington, DC 20534.
FOR FURTHER INFORMATION CONTACT: Sarah Qureshi, Office of General
Counsel, Bureau of Prisons, phone (202) 307-2105.
SUPPLEMENTARY INFORMATION: The Bureau corrects its Inmate Discipline
and Special Housing Units (SHU) regulations (28 CFR part 541, subpart A
and subpart B), as published in the Federal Register of December 8,
2010 (75 FR 76263), FR Doc. 2010-30525, as follows:
1. On page 76266, in the second column, second full paragraph
beginning ``Code 331'', the reference to ``Sec. 541.03'' is corrected
to read ``Sec. 541.3''.
Sec. 541.3 [Corrected]
2. On page 76267, the title of Table 1, ``Table 1--Prohibited Acts
and Available Sanctions Greatest Severity Level Prohibited Acts'' is
corrected to read ``Table 1--Prohibited Acts and Available Sanctions''.
3. On page 76267, in Table 1, between the line after the title of
Table 1 and before the line beginning with ``100'', insert a new line
with a subheading to read as follows: ``Greatest Severity Level
Prohibited Acts''.
Sec. 541.7 [Corrected]
4. On page 76272, in the first column, in Sec. 541.7(a)(4),
``Sec. 541.04'' is corrected to read ``Sec. 541.4''.
5. On page 76272, in the first column, in Sec. 541(g), ``Sec.
541.08'' is corrected to read ``Sec. 541.8''.
Sec. 541.23 [Corrected]
12. On page 76273, in the third column, in Sec. 541.23(c)(3),
``You requested, or staff determined you need, administrative detention
status for your own protection.'' Is corrected to read ``You requested,
or staff determined you need, administrative detention status for your
own protection; or''.
Harley G. Lappin,
Director, Federal Bureau of Prisons.
[FR Doc. 2010-32706 Filed 12-28-10; 8:45 am]
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