Designation of Offenses, 1880-1881 [2016-00385]

Download as PDF 1880 Federal Register / Vol. 81, No. 9 / Thursday, January 14, 2016 / Rules and Regulations 4200, Long Beach, CA 90802, and must include the vessel’s name, the vessel’s official number, a description of the steps taken to request an IMO number, and a description of any responses from the administrator of the IMO ship identification number scheme. (v) Exemption process. Upon receipt of a request for an exemption under paragraph (b)(3)(iv) of this section, the West Coast Regional Administrator will, to the extent he or she determines appropriate, assist the fishing vessel owner in requesting an IMO number. If the West Coast Regional Administrator determines that the fishing vessel owner has followed all appropriate procedures and yet is unable to obtain an IMO number for the fishing vessel, he or she will issue an exemption from the requirements of paragraph (b)(3)(iii) of this section for the vessel and its owner and notify the owner of the exemption. The West Coast Regional Administrator may limit the duration of the exemption. The West Coast Regional Administrator may rescind an exemption at any time. If an exemption is rescinded, the fishing vessel owner must comply with the requirements of paragraph (b)(3)(iii) of this section within 30 days of being notified of the rescission. If the ownership of a fishing vessel changes, an exemption issued to the former fishing vessel owner becomes void. * * * * * [FR Doc. 2016–00586 Filed 1–13–16; 8:45 am] BILLING CODE 3510–22–P DEPARTMENT OF JUSTICE Bureau of Prisons 28 CFR Part 571 [BOP–1090–F] RIN 1120–AA85 Designation of Offenses Federal Bureau of Prisons. Final rule. AGENCY: ACTION: The Bureau of Prisons (Bureau) removes rules which designated various offenses as sexual offenses for purposes of 18 U.S.C. 4042(c) because that provision, which necessitated regulations, has been repealed in relevant part. DATES: This rule is effective on February 16, 2016. FOR FURTHER INFORMATION CONTACT: Sarah Qureshi, Office of General Counsel, Bureau of Prisons, phone (202) 307–2105. mstockstill on DSK4VPTVN1PROD with RULES SUMMARY: VerDate Sep<11>2014 16:27 Jan 13, 2016 Jkt 238001 The Bureau removes rules which designated various offenses as sexual offenses for purposes of 18 U.S.C. 4042(c) because that provision, which necessitated regulations, has been repealed in relevant part. The Bureau published a proposed rule on this subject on February 8, 2013 (78 FR 9353). We received no comments on the proposed rule. Previously, section 4042(c) of Title 18, United States Code, effective November 26, 1998, provided for notification of sex offender release and certain related functions to facilitate effective sex offender registration and tracking. Notifications were required to be made for persons convicted of the federal offenses noted in subsection (c)(4)(A) through (D). Subsection (c)(4)(E) authorized the Attorney General to designate other offenses as sexual offenses for purposes of subsection (c). The Attorney General delegated this authority to the Director of the Bureau of Prisons. (See 63 FR 69386, December 16, 1998, ‘‘1998 interim rule’’.) The 1998 interim rule designated additional offenses which are to be considered sexual offenses for purposes of 18 U.S.C. 4042(c). These additional designations, listed in current § 571.72, include state sexual offenses, District of Columbia Code sexual offenses, and certain Uniform Code of Military Justice offenses. The regulations, therefore, were specifically promulgated in accordance with language in § 4042(c)(4)(E) providing that offenses in addition to those specifically enumerated at § 4042(c)(4)(A)–(D) may be ‘‘designated by the Attorney General as a sexual offense for the purposes of this subsection.’’ However, 18 U.S.C. 4042(c)(4) was repealed by the Sex Offender Registration and Notification Act (SORNA), which is Title I of the Adam Walsh Child Protection and Safety Act of 2006 (Pub. L. 109–248). Because the revised § 4042(c) requires release notice for persons required to register under SORNA, the Bureau no longer needs to separately designate sexual offenses in addition to those set forth by the statute. The offenses previously listed in the regulation are generally incorporated in SORNA’s comprehensive list of covered offenses, thereby rendering the Bureau’s current regulations in subpart H of 28 CFR part 571 unnecessary. We therefore now remove and reserve 28 CFR part 571, subpart H. SUPPLEMENTARY INFORMATION: PO 00000 Frm 00020 Fmt 4700 Sfmt 4700 Executive Orders 12866 and 13563— Regulatory Review This regulation has been drafted and reviewed in accordance with Executive Order 12866, ‘‘Regulatory Planning and Review’’ section 1(b), Principles of Regulation and in accordance with Executive Order 13563 ‘‘Improving Regulation and Regulatory Review’’ section 1(b) General Principles of Regulation. The Department of Justice has determined that this rule is not a ‘‘significant regulatory action’’ under Executive Order 12866, section 3(f), Regulatory Planning and Review, and accordingly this rule has not been reviewed by the Office of Management and Budget. Further, both Executive Orders 12866 and 13563 direct agencies to assess all costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, distributive impacts, and equity). Executive Order 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. The Department has assessed the costs and benefits of this regulation and believes that the regulatory approach selected maximizes net benefits. 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 distribution of power and responsibilities among the various levels of government. Under Executive Order 13132, this rule does not have sufficient federalism implications for which we would prepare a Federalism Assessment. Regulatory Flexibility Act The Director of the Bureau of Prisons, under the Regulatory Flexibility Act (5 U.S.C. 605(b)), reviewed this regulation. By approving it, the Director certifies that it will not have a significant economic impact upon a substantial number of small entities because: This rule is about the correctional management of offenders committed to the custody of the Attorney General or the Director of the Bureau of Prisons, and its economic impact is limited to the Bureau’s appropriated funds. E:\FR\FM\14JAR1.SGM 14JAR1 Federal Register / Vol. 81, No. 9 / Thursday, January 14, 2016 / Rules and Regulations Unfunded Mandates Reform Act of 1995 ENVIRONMENTAL PROTECTION AGENCY This rule will not cause State, local and tribal governments, or the private sector, to spend $100,000,000 or more in any one year, and it will not significantly or uniquely affect small governments. We do not need to take action under the Unfunded Mandates Reform Act of 1995. 40 CFR Part 52 Small Business Regulatory Enforcement Fairness Act of 1996 This rule is not a major rule as defined by § 804 of the Small Business Regulatory Enforcement Fairness Act of 1996. This rule will not result in an annual effect on the economy of $100,000,000 or more; a major increase in costs or prices; or significant adverse effects on competition, employment, investment, productivity, innovation, or on the ability of United States-based companies to compete with foreignbased companies in domestic and export markets. [EPA–R06–OAR–2011–0864; FRL–9941–29– Region 6] Approval and Promulgation of Air Quality Implementation Plans; Texas; Infrastructure and Interstate Transport for the 2008 Lead National Ambient Air Quality Standards Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: Authority: 5 U.S.C. 301; 18 U.S.C. 3565, 3568–3569 (Repealed in part as to offenses committed on or after November 1, 1987), 3582, 3621, 3622, 3624, 4001, 4042, 4081, 4082 (Repealed in part as to offenses committed on or after November 1, 1987), 4161–4166 and 4201–4218 (Repealed as to offenses committed on or after November 1, 1987), 5006–5024 (Repealed October 12, 1984 as to offenses committed after that date), 5031–5042; 28 U.S.C. 509, 510; U.S. Const., Art. II, Sec. 2; 28 CFR 0.95–0.99, 1.1–1.10. Under the Federal Clean Air Act (CAA) the Environmental Protection Agency (EPA) is approving a State Implementation Plan (SIP) submission from the State of Texas for the 2008 Lead (Pb) National Ambient Air Quality Standards (NAAQS). The submittal addresses how the existing SIP provides for implementation, maintenance, and enforcement of the 2008 Pb NAAQS (infrastructure SIP or i-SIP). This i-SIP ensures that the State’s SIP is adequate to meet the state’s responsibilities under the CAA, including the four CAA requirements for interstate transport of Pb emissions. DATES: This final rule is effective on February 16, 2016. ADDRESSES: The EPA has established a docket for this action under Docket ID No. EPA–R06–OAR–2011–0864. All documents in the docket are listed on the https://www.regulations.gov Web site. Although listed in the index, some information is not publicly available, e.g., Confidential Business Information or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available either electronically through https:// www.regulations.gov or in hard copy at the EPA Region 6, 1445 Ross Avenue, Suite 700, Dallas, Texas 75202–2733. FOR FURTHER INFORMATION CONTACT: Tracie Donaldson, 214–665–6633, donaldson.tracie@epa.gov. SUPPLEMENTARY INFORMATION: Throughout this document ‘‘we,’’ ‘‘us,’’ and ‘‘our’’ means the EPA. Subpart H—[Removed and Reserved] I. Background List of Subjects in 28 CFR Part 571 Prisoners. Charles E. Samuels, Jr., Director, Bureau of Prisons. Under rulemaking authority vested in the Attorney General in 5 U.S.C. 301 and 28 U.S.C. 509, 510, and delegated to the Director, Bureau of Prisons in 28 CFR 0.96, we amend 28 CFR part 571 as set forth below. SUBCHAPTER D—COMMUNITY PROGRAMS AND RELEASE PART 571—RELEASE FROM CUSTODY 1. The authority citation for 28 CFR part 571 continues to read as follows: mstockstill on DSK4VPTVN1PROD with RULES ■ 2. Subpart H, Designation of Offenses for Purposes of 18 U.S.C. 4042(c) is removed and reserved. ■ [FR Doc. 2016–00385 Filed 1–13–16; 8:45 am] BILLING CODE 4410–05–P VerDate Sep<11>2014 16:27 Jan 13, 2016 Jkt 238001 SUMMARY: The background for this action is discussed in detail in our October 15, 2015, proposal (80 FR 62003). In that document, we proposed that the Texas i-SIP submittal for the 2008 Pb NAAQS met the requirements for an i-SIP, PO 00000 Frm 00021 Fmt 4700 Sfmt 4700 1881 including the requirements for interstate transport of Pb emissions. This action is being taken under section 110 of the Act. We did not receive any comments regarding our proposed approval. II. Final Action We are approving the September 8, 2011 and October 13, 2011, submissions from Texas, which address the requirements of CAA sections 110(a)(1) and (2) as applicable to the 2008 Pb NAAQS. Specifically, we are approving these infrastructure elements: 110(a)(2)(A), (B), (C), (D), (E), (F), (G), (H), (J), (K), (L), and (M). We are also approving the Texas demonstration that it meets the four statutory requirements for interstate transport of Pb emissions. III. Statutory and Executive Order Reviews Under the Clean Air Act, the Administrator is required to approve a SIP submission that complies with the provisions of the Act and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, the EPA’s role is to approve state choices, provided that they meet the criteria of the Clean Air Act. Accordingly, this action merely approves state law as meeting Federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this action: • Is not a ‘‘significant regulatory action’’ subject to review by the Office of Management and Budget under Executive Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011); • Does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); • Is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.); • Does not contain any unfunded mandate or significantly or uniquely affect small governments, described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104–4); • Does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); • Is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); • Is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); E:\FR\FM\14JAR1.SGM 14JAR1

Agencies

[Federal Register Volume 81, Number 9 (Thursday, January 14, 2016)]
[Rules and Regulations]
[Pages 1880-1881]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-00385]


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DEPARTMENT OF JUSTICE

Bureau of Prisons

28 CFR Part 571

[BOP-1090-F]
RIN 1120-AA85


Designation of Offenses

AGENCY: Federal Bureau of Prisons.

ACTION: Final rule.

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

SUMMARY: The Bureau of Prisons (Bureau) removes rules which designated 
various offenses as sexual offenses for purposes of 18 U.S.C. 4042(c) 
because that provision, which necessitated regulations, has been 
repealed in relevant part.

DATES: This rule is effective on February 16, 2016.

FOR FURTHER INFORMATION CONTACT: Sarah Qureshi, Office of General 
Counsel, Bureau of Prisons, phone (202) 307-2105.

SUPPLEMENTARY INFORMATION: The Bureau removes rules which designated 
various offenses as sexual offenses for purposes of 18 U.S.C. 4042(c) 
because that provision, which necessitated regulations, has been 
repealed in relevant part. The Bureau published a proposed rule on this 
subject on February 8, 2013 (78 FR 9353). We received no comments on 
the proposed rule.
    Previously, section 4042(c) of Title 18, United States Code, 
effective November 26, 1998, provided for notification of sex offender 
release and certain related functions to facilitate effective sex 
offender registration and tracking. Notifications were required to be 
made for persons convicted of the federal offenses noted in subsection 
(c)(4)(A) through (D). Subsection (c)(4)(E) authorized the Attorney 
General to designate other offenses as sexual offenses for purposes of 
subsection (c). The Attorney General delegated this authority to the 
Director of the Bureau of Prisons. (See 63 FR 69386, December 16, 1998, 
``1998 interim rule''.)
    The 1998 interim rule designated additional offenses which are to 
be considered sexual offenses for purposes of 18 U.S.C. 4042(c). These 
additional designations, listed in current Sec.  571.72, include state 
sexual offenses, District of Columbia Code sexual offenses, and certain 
Uniform Code of Military Justice offenses.
    The regulations, therefore, were specifically promulgated in 
accordance with language in Sec.  4042(c)(4)(E) providing that offenses 
in addition to those specifically enumerated at Sec.  4042(c)(4)(A)-(D) 
may be ``designated by the Attorney General as a sexual offense for the 
purposes of this subsection.''
    However, 18 U.S.C. 4042(c)(4) was repealed by the Sex Offender 
Registration and Notification Act (SORNA), which is Title I of the Adam 
Walsh Child Protection and Safety Act of 2006 (Pub. L. 109-248). 
Because the revised Sec.  4042(c) requires release notice for persons 
required to register under SORNA, the Bureau no longer needs to 
separately designate sexual offenses in addition to those set forth by 
the statute. The offenses previously listed in the regulation are 
generally incorporated in SORNA's comprehensive list of covered 
offenses, thereby rendering the Bureau's current regulations in subpart 
H of 28 CFR part 571 unnecessary. We therefore now remove and reserve 
28 CFR part 571, subpart H.

Executive Orders 12866 and 13563--Regulatory Review

    This regulation has been drafted and reviewed in accordance with 
Executive Order 12866, ``Regulatory Planning and Review'' section 1(b), 
Principles of Regulation and in accordance with Executive Order 13563 
``Improving Regulation and Regulatory Review'' section 1(b) General 
Principles of Regulation.
    The Department of Justice has determined that this rule is not a 
``significant regulatory action'' under Executive Order 12866, section 
3(f), Regulatory Planning and Review, and accordingly this rule has not 
been reviewed by the Office of Management and Budget.
    Further, both Executive Orders 12866 and 13563 direct agencies to 
assess all costs and benefits of available regulatory alternatives and, 
if regulation is necessary, to select regulatory approaches that 
maximize net benefits (including potential economic, environmental, 
public health and safety effects, distributive impacts, and equity). 
Executive Order 13563 emphasizes the importance of quantifying both 
costs and benefits, of reducing costs, of harmonizing rules, and of 
promoting flexibility. The Department has assessed the costs and 
benefits of this regulation and believes that the regulatory approach 
selected maximizes net benefits.

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 distribution of power and responsibilities among the 
various levels of government. Under Executive Order 13132, this rule 
does not have sufficient federalism implications for which we would 
prepare a Federalism Assessment.

Regulatory Flexibility Act

    The Director of the Bureau of Prisons, under the Regulatory 
Flexibility Act (5 U.S.C. 605(b)), reviewed this regulation. By 
approving it, the Director certifies that it will not have a 
significant economic impact upon a substantial number of small entities 
because: This rule is about the correctional management of offenders 
committed to the custody of the Attorney General or the Director of the 
Bureau of Prisons, and its economic impact is limited to the Bureau's 
appropriated funds.

[[Page 1881]]

Unfunded Mandates Reform Act of 1995

    This rule will not cause State, local and tribal governments, or 
the private sector, to spend $100,000,000 or more in any one year, and 
it will not significantly or uniquely affect small governments. We do 
not need to take action under the Unfunded Mandates Reform Act of 1995.

Small Business Regulatory Enforcement Fairness Act of 1996

    This rule is not a major rule as defined by Sec.  804 of the Small 
Business Regulatory Enforcement Fairness Act of 1996. This rule will 
not result in an annual effect on the economy of $100,000,000 or more; 
a major increase in costs or prices; or significant adverse effects on 
competition, employment, investment, productivity, innovation, or on 
the ability of United States-based companies to compete with foreign-
based companies in domestic and export markets.

List of Subjects in 28 CFR Part 571

    Prisoners.

Charles E. Samuels, Jr.,
Director, Bureau of Prisons.

    Under rulemaking authority vested in the Attorney General in 5 
U.S.C. 301 and 28 U.S.C. 509, 510, and delegated to the Director, 
Bureau of Prisons in 28 CFR 0.96, we amend 28 CFR part 571 as set forth 
below.

SUBCHAPTER D--COMMUNITY PROGRAMS AND RELEASE

PART 571--RELEASE FROM CUSTODY

0
1. The authority citation for 28 CFR part 571 continues to read as 
follows:

    Authority:  5 U.S.C. 301; 18 U.S.C. 3565, 3568-3569 (Repealed in 
part as to offenses committed on or after November 1, 1987), 3582, 
3621, 3622, 3624, 4001, 4042, 4081, 4082 (Repealed in part as to 
offenses committed on or after November 1, 1987), 4161-4166 and 
4201-4218 (Repealed as to offenses committed on or after November 1, 
1987), 5006-5024 (Repealed October 12, 1984 as to offenses committed 
after that date), 5031-5042; 28 U.S.C. 509, 510; U.S. Const., Art. 
II, Sec. 2; 28 CFR 0.95-0.99, 1.1-1.10.

Subpart H--[Removed and Reserved]

0
2. Subpart H, Designation of Offenses for Purposes of 18 U.S.C. 4042(c) 
is removed and reserved.

[FR Doc. 2016-00385 Filed 1-13-16; 8:45 am]
 BILLING CODE 4410-05-P
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