Special Communication and Contact Control Measures, 34557-34558 [2018-15425]
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Federal Register / Vol. 83, No. 140 / Friday, July 20, 2018 / Notices
landowners/tenants when HCIS
preventative or corrective maintenance
becomes necessary to ensure
uninterrupted Intercontinental Ballistic
Missile command and control
capability. The information collection
requirement is necessary to report
changes in ownership/lease
information, conditions of missile cable
route and associated appurtenances, and
projected building/excavation projects.
The information collected is used to
ensure system integrity and to maintain
a close contact public relations program
with involved personnel and agencies.
Affected Public: Business or other for
profit; Not-for-profit institutions.
Annual Burden Hours: 1,125.
Number of Respondents: 4,500.
Responses per Respondent: 1.
Annual Responses: 4,500.
Average Burden per Response: 15
mins.
Frequency: On Occasion.
Dated: July 17, 2018.
Shelly E. Finke,
Alternate OSD Federal Register, Liaison
Officer, Department of Defense.
[FR Doc. 2018–15515 Filed 7–19–18; 8:45 am]
BILLING CODE 5001–05–P
DEPARTMENT OF DEFENSE
Department of the Army
Special Communication and Contact
Control Measures
Department of the Army, DoD.
Notice; comment request.
AGENCY:
ACTION:
This directive establishes the
Special Communications and Contacts
Control Measures (SCCCM) program to
provide specific limitations on the
communications and contacts of Army
Corrections Command (ACC) prisoners
to protect national security, public
safety, the good order, discipline and
correctional mission of the Army
Corrections System (ACS) facilities from
acts of violence or terrorism.
DATES: Comments are due by August 20,
2018.
ADDRESSES: Mail comments to: Office of
the Provost Marshal General (Gregory
W. Limberis), 2800 Army Pentagon,
Washington, DC 20310.
FOR FURTHER INFORMATION CONTACT: Mr.
Gregory Stroebel, (703) 545–5935.
SUPPLEMENTARY INFORMATION:
(a) Upon direction of the Assistant
Secretary of the Army for Manpower
and Reserve Affairs (ASA (M&RA)), the
Commander, ACC, may authorize the
Commander of an ACS Facility to
implement SCCCM that are reasonably
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SUMMARY:
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necessary to protect persons against the
risk of death or serious bodily injury.
These procedures may be implemented
upon written notification to the
Commander, ACC, by the ASA (M&RA),
that there is a substantial risk that a
prisoner’s communications or contacts
with persons could result in death or
serious bodily injury to persons or
substantial damage to property that
would entail the risk of death or serious
bodily injury to persons. These SCCCM
ordinarily may include housing the
prisoner in administrative segregation
and/or limiting certain conditions of
confinement, including, but not limited
to, correspondence, visiting, interviews
with representatives of the news media,
and use of the telephone, as is
reasonably necessary to protect persons
against the risk of death or serious
bodily injury. The authority of the
Commander, ACC under this paragraph
may not be delegated.
(b) Designated ACS facility staff shall
provide to the affected prisoner, as soon
as practicable, written notification of the
restrictions imposed and the basis for
the restrictions. The notice’s statement
as to the basis may be limited in the
interest of prison security or safety, to
protect against acts of violence or
terrorism that could result in death or
serious bodily injury to persons, or
substantial damage to property that
would entail the risk of death or serious
bodily injury to persons. The prisoner
shall sign for and receive a copy of the
notification. The prisoner’s attorney(s)
of record shall also provide a written
acknowledgement of receipt of the
notice and an agreement to abide by the
SCCCM.
(c) Initial placement of a prisoner in
administrative segregation and/or any
limitation of the prisoner’s conditions of
confinement in accordance with
paragraph (a) of this section may be
imposed for up to 120 days or, with the
approval of the ASA (M&RA), a longer
period of time not to exceed one year.
Special restrictions imposed in
accordance with paragraph (a) of this
section may be extended thereafter by
the Commander, ACC, in increments not
to exceed one year, upon receipt by the
Commander, ACC of an additional
written notification from the ASA
(M&RA) that there continues to be a
substantial risk that the prisoner’s
communications or contacts with other
persons could result in death or serious
bodily injury to persons or substantial
damage to property that would entail
the risk of death or serious bodily injury
to persons. The authority of the
Commander, ACC under this paragraph
may not be delegated.
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Fmt 4703
Sfmt 4703
34557
(d) In any case where the Secretary of
the Army specifically so orders, based
on information from the Provost
Marshal General/Commanding General,
United States Army Criminal
Investigation Command (USACIDC) that
reasonable suspicion exists to believe
that a particular prisoner may use
communications with attorneys or their
agents to solicit, further, or otherwise
facilitate acts of terrorism, the
Commander, ACC, shall, in addition to
the SCCCM imposed under paragraph
(a) of this section, provide appropriate
procedures for the monitoring or review
of communications between that
prisoner and attorneys or attorneys’
agents who are traditionally covered by
the attorney-client privilege, for the
purpose of deterring future acts of
terrorism.
(1) The certification by the Secretary
of the Army under this paragraph (d)
shall be in addition to any findings or
determinations relating to the need for
the imposition of other SCCCM as
provided in paragraph (a) of this
section, but may be incorporated into
the same document.
(2) Except in the case of prior court
authorization, the Commander, ACC,
shall provide written notice to the
prisoner and to the attorneys involved
prior to the initiation of any such
monitoring or review authorized under
this paragraph (d). The notice shall
explain:
(i) That, notwithstanding the
provisions of DoDI 1325.07, AR 190–47,
or other rules, all communications
between the prisoner and attorneys may
be monitored, to the extent determined
to be reasonably necessary for the
purpose of deterring future acts of
terrorism;
(ii) That communications between the
prisoner and attorneys or their agents
are not protected by the attorney-client
privilege if they would facilitate
criminal acts or a conspiracy to commit
criminal acts, or if those
communications are not related to the
seeking or providing of legal advice.
(3) The Commander, ACC, with the
concurrence of the Judge Advocate
General and the Army General Counsel,
shall employ appropriate procedures to
ensure that all attorney-client
communications are reviewed for
privilege claims and that any properly
privileged materials (including, but not
limited to, recordings of privileged
communications) are not retained
during the course of the monitoring. To
protect the attorney-client privilege and
to ensure that the investigation or
judicial proceeding is not compromised
by exposure to privileged material
relating to the investigation, judicial
E:\FR\FM\20JYN1.SGM
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34558
Federal Register / Vol. 83, No. 140 / Friday, July 20, 2018 / Notices
proceeding or to defense strategy, a
privilege team shall be designated by
the Judge Advocate General, consisting
of individuals not involved in the
underlying investigation or judicial
proceeding. The monitoring shall be
conducted pursuant to procedures
designed to minimize the intrusion into
privileged material or conversations.
Except in cases where the person in
charge of the privilege team determines
that the acts of terrorism are imminent,
the privilege team shall not disclose any
information unless and until such
disclosure has been approved by a
federal or military judge presiding over
the legal matter for which attorneys or
their agents represent the particular
prisoner.
(e) The affected prisoner may seek
review of any specific limitation on
communications or contacts imposed
pursuant to this directive in accordance
with AR 190–47, paragraph 10–14. The
Commander, ACC will act on any
request for review.
The Provost Marshal General is the
proponent for this policy and will
incorporate the provisions of this
directive into AR 190–47 as soon as
possible. This directive will be
rescinded upon publication of the
revised regulation.
Brenda S. Bowen,
Army Federal Register Liaison Officer.
[FR Doc. 2018–15425 Filed 7–19–18; 8:45 am]
BILLING CODE 5001–03–P
DEPARTMENT OF DEFENSE
Department of the Army, Corps of
Engineers
Availability of the Final Environmental
Impact Statement for the Northern
Integrated Supply Project, Larimer and
Weld Counties, Colorado
Department of the Army, U.S.
Army Corps of Engineers, DoD.
ACTION: Notice of availability.
AGENCY:
The U.S. Army Corps of
Engineers (Corps) Omaha District has
prepared a Final Environmental Impact
Statement (EIS) to analyze the direct,
indirect, and cumulative effects of a
water supply project called the Northern
Integrated Supply Project (NISP or
Project) in Larimer and Weld Counties,
CO. The purpose of NISP is to provide
the Participants, a group of 15 water
providers and communities, with
approximately 40,000 acre-feet (AF) per
year of new, reliable municipal water
supply through a regional project
coordinated by the Northern Colorado
Water Conservancy District (Northern
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SUMMARY:
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Jkt 244001
Water). NISP would result in direct
impacts to jurisdictional waters of the
U.S., including wetlands. The
placement of fill material into waters of
the U.S. requires authorization from the
Corps under Section 404 of the Clean
Water Act. Northern Water is the
applicant for the Section 404 permit,
acting on behalf of the Participants. In
accordance with Section 176 of the
Clean Air Act a Draft General
Conformity Determination has been
prepared for the Project.
DATES: Written comments on the Final
EIS and the Draft General Conformity
Determination will be accepted on or
before September 4, 2018.
ADDRESSES: Send written comments
regarding NISP, the Final EIS, and the
Draft General Conformity Determination
to John Urbanic, NISP EIS Project
Manager, U.S. Army Corps of Engineers,
Omaha District, Denver Regulatory
Office, 9307 South Wadsworth
Boulevard, Littleton, CO 80128, or by
email to nisp.eis@usace.army.mil.
Requests to be placed on or be removed
from the NISP mailing list should also
be sent to this address.
FOR FURTHER INFORMATION CONTACT: John
Urbanic, NISP EIS Project Manager,
telephone 303–979–4120, fax at 303–
979–0602, or email at nisp.eis@
usace.army.mil.
SUPPLEMENTARY INFORMATION: The Final
EIS was prepared in accordance with
the National Environmental Policy Act
of 1969, as amended (NEPA), and the
Corps’ regulations for NEPA
implementation (33 Code of Federal
Regulations [CFR] Parts 230 and 325,
Appendix B). The Corps, Omaha
District, Denver Regulatory Office is the
lead federal agency responsible for the
Final EIS. Information contained in the
EIS serves as the basis for a decision
regarding issuance of a Section 404
Permit. It also provides information for
local and state agencies that have
jurisdictional responsibility for affected
resources.
The Corps released a Draft EIS for
NISP on April 30, 2008 and a
Supplemental Draft EIS on June 19,
2015. The Corps has considered the
comments received on the Draft and
Supplemental Draft EIS in the
development of the Final EIS. The
purpose of the Final EIS is to provide
decision-makers and the public with
information pertaining to the Project,
disclose environmental impacts of the
alternatives, and identify mitigation
measures to reduce impacts. In NISP,
Northern Water proposes to construct
Glade Reservoir with a total storage
capacity of approximately 170,000 AF.
The Project would also involve
PO 00000
Frm 00023
Fmt 4703
Sfmt 4703
rehabilitating the existing diversion and
intake structure in the Cache la Poudre
River as well as constructing a new
diversion and intake structure, forebay,
pumping facility, and outlet channel.
Glade Reservoir would inundate
approximately 7 miles of U.S. Highway
287 and a section of the Munroe (North
Poudre Supply) Canal, requiring a
relocation of the highway and the canal.
Northern Water also proposes to
construct the South Platte Water
Conservation Project (SPWCP) which
includes Upper Galeton Reservoir with
a total storage capacity of approximately
45,624 AF. The SPWCP includes the
construction of a new diversion and
intake structure in the South Platte
River, pumping facilities, and new
pipelines for Upper Galeton Reservoir.
This FEIS evaluates the effects of the
following alternatives to NISP:
Alternative 1—No Action Alternative;
Alternative 2M—Glade Reservoir with
modified conveyance and the South
Platte Water Conservation Project
(Applicant’s Preferred Alternative);
Alternative 2—Glade Reservoir and the
South Platte Water Conservation Project;
Alternative 3—Cactus Hill Reservoir,
Poudre Valley Canal Diversion, and the
South Platte Water Conservation Project;
and Alternative 4—Cactus Hill
Reservoir, with multiple diversion
locations, and the South Platte Water
Conservation Project.
In accordance with Section 176 of the
Clean Air Act and the Environmental
Protection Agency’s general conformity
regulations (40 CFR part 93, subpart B),
a Draft General Conformity
Determination has been prepared for the
Project. Section 176 of the Clean Air Act
requires federal agencies to ensure that
their actions conform to applicable
implementation plans for achieving and
maintaining the National Ambient Air
Quality Standards for criteria air
pollutants. The Corps has prepared a
Draft Conformity Determination for the
Project and has included it in Chapter
4.14.7 of the Final EIS. The Draft
General Conformity Determination finds
that all alternatives of the Project
conform with the State Implementation
Plan.
The U.S. Environmental Protection
Agency Region VIII, U.S. Fish and
Wildlife Service, Bureau of Land
Management, Colorado Department of
Transportation, Colorado Department of
Natural Resources, Colorado
Department of Public Health and
Environment, and Larimer County
participated as cooperating agencies in
the development of the Final EIS.
Copies of the Final EIS will be
available for review at:
E:\FR\FM\20JYN1.SGM
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]]>Agencies
[Federal Register Volume 83, Number 140 (Friday, July 20, 2018)]
[Notices]
[Pages 34557-34558]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-15425]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Department of the Army
Special Communication and Contact Control Measures
AGENCY: Department of the Army, DoD.
ACTION: Notice; comment request.
-----------------------------------------------------------------------
SUMMARY: This directive establishes the Special Communications and
Contacts Control Measures (SCCCM) program to provide specific
limitations on the communications and contacts of Army Corrections
Command (ACC) prisoners to protect national security, public safety,
the good order, discipline and correctional mission of the Army
Corrections System (ACS) facilities from acts of violence or terrorism.
DATES: Comments are due by August 20, 2018.
ADDRESSES: Mail comments to: Office of the Provost Marshal General
(Gregory W. Limberis), 2800 Army Pentagon, Washington, DC 20310.
FOR FURTHER INFORMATION CONTACT: Mr. Gregory Stroebel, (703) 545-5935.
SUPPLEMENTARY INFORMATION:
(a) Upon direction of the Assistant Secretary of the Army for
Manpower and Reserve Affairs (ASA (M&RA)), the Commander, ACC, may
authorize the Commander of an ACS Facility to implement SCCCM that are
reasonably necessary to protect persons against the risk of death or
serious bodily injury. These procedures may be implemented upon written
notification to the Commander, ACC, by the ASA (M&RA), that there is a
substantial risk that a prisoner's communications or contacts with
persons could result in death or serious bodily injury to persons or
substantial damage to property that would entail the risk of death or
serious bodily injury to persons. These SCCCM ordinarily may include
housing the prisoner in administrative segregation and/or limiting
certain conditions of confinement, including, but not limited to,
correspondence, visiting, interviews with representatives of the news
media, and use of the telephone, as is reasonably necessary to protect
persons against the risk of death or serious bodily injury. The
authority of the Commander, ACC under this paragraph may not be
delegated.
(b) Designated ACS facility staff shall provide to the affected
prisoner, as soon as practicable, written notification of the
restrictions imposed and the basis for the restrictions. The notice's
statement as to the basis may be limited in the interest of prison
security or safety, to protect against acts of violence or terrorism
that could result in death or serious bodily injury to persons, or
substantial damage to property that would entail the risk of death or
serious bodily injury to persons. The prisoner shall sign for and
receive a copy of the notification. The prisoner's attorney(s) of
record shall also provide a written acknowledgement of receipt of the
notice and an agreement to abide by the SCCCM.
(c) Initial placement of a prisoner in administrative segregation
and/or any limitation of the prisoner's conditions of confinement in
accordance with paragraph (a) of this section may be imposed for up to
120 days or, with the approval of the ASA (M&RA), a longer period of
time not to exceed one year. Special restrictions imposed in accordance
with paragraph (a) of this section may be extended thereafter by the
Commander, ACC, in increments not to exceed one year, upon receipt by
the Commander, ACC of an additional written notification from the ASA
(M&RA) that there continues to be a substantial risk that the
prisoner's communications or contacts with other persons could result
in death or serious bodily injury to persons or substantial damage to
property that would entail the risk of death or serious bodily injury
to persons. The authority of the Commander, ACC under this paragraph
may not be delegated.
(d) In any case where the Secretary of the Army specifically so
orders, based on information from the Provost Marshal General/
Commanding General, United States Army Criminal Investigation Command
(USACIDC) that reasonable suspicion exists to believe that a particular
prisoner may use communications with attorneys or their agents to
solicit, further, or otherwise facilitate acts of terrorism, the
Commander, ACC, shall, in addition to the SCCCM imposed under paragraph
(a) of this section, provide appropriate procedures for the monitoring
or review of communications between that prisoner and attorneys or
attorneys' agents who are traditionally covered by the attorney-client
privilege, for the purpose of deterring future acts of terrorism.
(1) The certification by the Secretary of the Army under this
paragraph (d) shall be in addition to any findings or determinations
relating to the need for the imposition of other SCCCM as provided in
paragraph (a) of this section, but may be incorporated into the same
document.
(2) Except in the case of prior court authorization, the Commander,
ACC, shall provide written notice to the prisoner and to the attorneys
involved prior to the initiation of any such monitoring or review
authorized under this paragraph (d). The notice shall explain:
(i) That, notwithstanding the provisions of DoDI 1325.07, AR 190-
47, or other rules, all communications between the prisoner and
attorneys may be monitored, to the extent determined to be reasonably
necessary for the purpose of deterring future acts of terrorism;
(ii) That communications between the prisoner and attorneys or
their agents are not protected by the attorney-client privilege if they
would facilitate criminal acts or a conspiracy to commit criminal acts,
or if those communications are not related to the seeking or providing
of legal advice.
(3) The Commander, ACC, with the concurrence of the Judge Advocate
General and the Army General Counsel, shall employ appropriate
procedures to ensure that all attorney-client communications are
reviewed for privilege claims and that any properly privileged
materials (including, but not limited to, recordings of privileged
communications) are not retained during the course of the monitoring.
To protect the attorney-client privilege and to ensure that the
investigation or judicial proceeding is not compromised by exposure to
privileged material relating to the investigation, judicial
[[Page 34558]]
proceeding or to defense strategy, a privilege team shall be designated
by the Judge Advocate General, consisting of individuals not involved
in the underlying investigation or judicial proceeding. The monitoring
shall be conducted pursuant to procedures designed to minimize the
intrusion into privileged material or conversations. Except in cases
where the person in charge of the privilege team determines that the
acts of terrorism are imminent, the privilege team shall not disclose
any information unless and until such disclosure has been approved by a
federal or military judge presiding over the legal matter for which
attorneys or their agents represent the particular prisoner.
(e) The affected prisoner may seek review of any specific
limitation on communications or contacts imposed pursuant to this
directive in accordance with AR 190-47, paragraph 10-14. The Commander,
ACC will act on any request for review.
The Provost Marshal General is the proponent for this policy and
will incorporate the provisions of this directive into AR 190-47 as
soon as possible. This directive will be rescinded upon publication of
the revised regulation.
Brenda S. Bowen,
Army Federal Register Liaison Officer.
[FR Doc. 2018-15425 Filed 7-19-18; 8:45 am]
BILLING CODE 5001-03-P
