Proposed Priorities for Amendment Cycle, 60438-60439 [2022-21551]

Download as PDF 60438 Federal Register / Vol. 87, No. 192 / Wednesday, October 5, 2022 / Notices future Federal Reserve Note (FRN) redesigns. The survey gives BEM companies the opportunity to comment whether proposed features and/or FRN redesigns (a.k.a. Features of Interest) can be detected, validated, transported, and stored by their products. Banknote Equipment Manufacturers (BEMs) are companies that produce any type of equipment that handles banknotes for commercial purposes involving accept/ reject decisions for FRNs. Affected Public: Businesses or other for profits. Estimated Number of Respondents: 50. Frequency of Response: 3 per year. Estimated Total Number of Annual Responses: 150. Estimated Time per Response: 1 hour. Estimated Total Annual Burden Hours: 150. Request for Comments: Comments submitted in response to this notice will be summarized and included in the request for Office of Management and Budget approval. All comments will become a matter of public record. Comments are invited on: (a) whether the collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; (b) the accuracy of the agency’s estimate of the burden of the collection of information; (c) ways to enhance the quality, utility, and clarity of the information to be collected; (d) ways to minimize the burden of the collection of information on respondents, including through the use of technology; and (e) estimates of capital or start-up costs and costs of operation, maintenance, and purchase of services required to provide information. Authority: 44 U.S.C. 3501 et seq. Melody Braswell, Treasury PRA Clearance Officer. [FR Doc. 2022–21610 Filed 10–4–22; 8:45 am] BILLING CODE 4840–01–P UNITED STATES SENTENCING COMMISSION Requests for Applications; Practitioners Advisory Group United States Sentencing Commission. ACTION: Notice. jspears on DSK121TN23PROD with NOTICES AGENCY: In view of existing vacancies in the voting membership of the Practitioners Advisory Group, the United States Sentencing Commission hereby invites any individual who is SUMMARY: VerDate Sep<11>2014 18:05 Oct 04, 2022 Jkt 259001 eligible to be appointed to one of the vacancies to apply. The voting memberships covered by this notice are three circuit memberships (for the Seventh, Eighth, and Ninth Circuits) and one at-large membership. An applicant for voting membership of the Practitioners Advisory Group should apply by sending a letter of interest and resume to the Commission as indicated in the addresses section below. Application materials should be received by the Commission not later than December 2, 2022. DATES: Application materials for voting membership of the Practitioners Advisory Group should be received not later than December 2, 2022. ADDRESSES: An applicant for voting membership of the Practitioners Advisory Group should apply by sending a letter of interest and resume to the Commission by electronic mail or regular mail. The email address is pubaffairs@ussc.gov. The regular mail address is United States Sentencing Commission, One Columbus Circle NE, Suite 2–500, South Lobby, Washington, DC 20002–8002, Attention: Public Affairs. FOR FURTHER INFORMATION CONTACT: Jennifer Dukes, Senior Public Affairs Specialist, (202) 502–4500, pubaffairs@ ussc.gov. More information about the Practitioners Advisory Group is available on the Commission’s website at www.ussc.gov/advisory-groups. SUPPLEMENTARY INFORMATION: The Practitioners Advisory Group is a standing advisory group of the United States Sentencing Commission pursuant to 28 U.S.C. 995 and Rule 5.4 of the Commission’s Rules of Practice and Procedure. Under the charter for the advisory group, the purpose of the advisory group is (1) to assist the Commission in carrying out its statutory responsibilities under 28 U.S.C. 994(o); (2) to provide to the Commission its views on the Commission’s activities and work, including proposed priorities and amendments; (3) to disseminate to defense attorneys, and to other professionals in the defense community, information regarding federal sentencing issues; and (4) to perform other related functions as the Commission requests. The advisory group consists of not more than 17 voting members, each of whom may serve not more than two consecutive three-year terms. Of those 17 voting members, one shall be Chair, one shall be Vice Chair, 12 shall be circuit members (one for each federal judicial circuit other than the Federal Circuit), and three shall be at-large members. PO 00000 Frm 00074 Fmt 4703 Sfmt 4703 To be eligible to serve as a voting member, an individual must be an attorney who (1) devotes a substantial portion of his or her professional work to advocating the interests of privatelyrepresented individuals, or of individuals represented by private practitioners through appointment under the Criminal Justice Act of 1964, within the federal criminal justice system; (2) has significant experience with federal sentencing or postconviction issues related to criminal sentences; and (3) is in good standing of the highest court of the jurisdiction or jurisdictions in which he or she is admitted to practice. Additionally, to be eligible to serve as a circuit member, the individual’s primary place of business or a substantial portion of his or her practice must be in the circuit concerned. Each voting member is appointed by the Commission. The Commission invites any individual who is eligible to be appointed to a voting membership covered by this notice (i.e., the circuit memberships for the Seventh, Eighth, and Ninth Circuits, and one at-large membership) to apply by sending a letter of interest and a resume to the Commission as indicated in the ADDRESSES section above. (Authority: 28 U.S.C. 994(a), (o), (p), § 995, § 996(a); USSC Rules of Practice and Procedure 2.2(c), 5.4.) Carlton W. Reeves, Chair. [FR Doc. 2022–21559 Filed 10–4–22; 8:45 am] BILLING CODE 2210–40–P UNITED STATES SENTENCING COMMISSION Proposed Priorities for Amendment Cycle United States Sentencing Commission. ACTION: Notice; request for public comment. AGENCY: 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 United States Sentencing Commission is seeking comment on possible policy priorities for the amendment cycle ending May 1, 2023. DATES: Public comment should be received by the Commission on or before October 17, 2022. ADDRESSES: Comments should be sent to the Commission by electronic mail or SUMMARY: E:\FR\FM\05OCN1.SGM 05OCN1 jspears on DSK121TN23PROD with NOTICES Federal Register / Vol. 87, No. 192 / Wednesday, October 5, 2022 / Notices regular mail. The email address is pubaffairs@ussc.gov. The regular mail address is 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: Jennifer Dukes, Senior Public Affairs Specialist, (202) 502–4500, pubaffairs@ ussc.gov. 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 possible policy priorities for the amendment cycle ending May 1, 2023. Other factors, such as legislation requiring Commission action, may affect the Commission’s ability to complete work on any or all identified priorities by May 1, 2023. Accordingly, the Commission may continue work on any or all identified priorities after that date or may decide not to pursue one or more identified priorities. The Commission invites comment on the proposed priorities set forth below. Public comment should be sent to the Commission as indicated in the ADDRESSES section above. Pursuant to 28 U.S.C. 994(g), the Commission intends to consider the issue of reducing costs of incarceration and overcapacity of prisons, to the extent it is relevant to any identified priority. The proposed priorities for the amendment cycle ending May 1, 2023, are as follows: (1) Consideration of possible amendments to § 1B1.13 (Reduction in Term of Imprisonment Under 18 U.S.C. 3582(c)(1)(A) (Policy Statement)) to (A) implement the First Step Act of 2018 (Pub. L. 115–391); and (B) further describe what should be considered extraordinary and compelling reasons for sentence reductions under 18 U.S.C. 3582(c)(1)(A). (2) Consideration of possible amendments to § 2D1.1 (Unlawful Manufacturing, Importing, Exporting, or Trafficking (Including Possession with Intent to Commit These Offenses), § 2D1.11 (Unlawfully Distributing, VerDate Sep<11>2014 18:05 Oct 04, 2022 Jkt 259001 Importing, Exporting or Possessing a Listed Chemical; Attempt or Conspiracy), § 5C1.2 (Limitation on Applicability of Statutory Minimum Sentences in Certain Cases), and related provisions in the Guidelines Manual, to implement the First Step Act of 2018 (Pub. L. 115–391). (3) Consideration of possible amendments to § 2K2.1 (Unlawful Receipt, Possession, or Transportation of Firearms or Ammunition; Prohibited Transactions Involving Firearms or Ammunition) to (A) implement the Bipartisan Safer Communities Act (Pub. L. 117–159); and (B) make any other changes that may be warranted to appropriately address firearms offenses. (4) Resolution of circuit conflicts as warranted, pursuant to the Commission’s authority under 28 U.S.C. 991(b)(1)(B) and Braxton v. United States, 500 U.S. 344 (1991), including the circuit conflicts concerning (A) whether the government may withhold a motion pursuant to subsection (b) of § 3E1.1 (Acceptance of Responsibility) because a defendant moved to suppress evidence; and (B) whether an offense must involve a substance controlled by the Controlled Substances Act (21 U.S.C. 801 et seq.) to qualify as a ‘‘controlled substance offense’’ under subsection (b) of § 4B1.2 (Definitions of Terms Used in Section 4B1.1). (5) Implementation of any legislation warranting Commission action. (6) Continuation of its multiyear work on § 4B1.2 (Definitions of Terms Used in Section 4B1.1), including possible amendments to (A) provide an alternative approach to the ‘‘categorical approach’’ in determining whether an offense is a ‘‘crime of violence’’ or a ‘‘controlled substance offense’’; and (B) address various application issues, including the meaning of ‘‘robbery’’ and ‘‘extortion,’’ and the treatment of inchoate offenses and offenses involving an offer to sell a controlled substance. (7) In light of the Commission’s studies on recidivism, consideration of possible amendments to the Guidelines Manual relating to criminal history to address (A) the impact of ‘‘status’’ points under subsection (d) of § 4A1.1 (Criminal History Category); and (B) the treatment of defendants with zero criminal history points. (8) Consideration of possible amendments to the Guidelines Manual addressing 28 U.S.C. 994(j). (9) Consideration of possible amendments to the Guidelines Manual to prohibit the use of acquitted conduct in applying the guidelines. (10) Multiyear study of the Guidelines Manual to address case law concerning PO 00000 Frm 00075 Fmt 4703 Sfmt 4703 60439 the validity and enforceability of guideline commentary. (11) Continuation of its multiyear examination of the structure of the guidelines post-Booker to simplify the guidelines while promoting the statutory purposes of sentencing. (12) Multiyear study of courtsponsored diversion and alternatives-toincarceration programs (e.g., Pretrial Opportunity Program, Conviction And Sentence Alternatives (CASA) Program, Special Options Services (SOS) Program), including consideration of possible amendments to the Guidelines Manual that might be appropriate. (13) Consideration of other miscellaneous issues, including possible amendments to (A) § 3D1.2 (Grouping of Closely Related Counts) to address the interaction between § 2G1.3 (Promoting a Commercial Sex Act or Prohibited Sexual Conduct with a Minor; Transportation of Minors to Engage in a Commercial Sex Act or Prohibited Sexual Conduct; Travel to Engage in Commercial Sex Act or Prohibited Sexual Conduct with a Minor; Sex Trafficking of Children; Use of Interstate Facilities to Transport Information about a Minor) and § 3D1.2(d); and (B) § 5F1.7 (Shock Incarceration Program (Policy Statement)) to reflect that the Bureau of Prisons no longer operates a shock incarceration program. Authority: 28 U.S.C. 994(a), (o); USSC Rules of Practice and Procedure 5.2. Carlton W. Reeves, Chair. [FR Doc. 2022–21551 Filed 10–4–22; 8:45 am] BILLING CODE 2210–40–P DEPARTMENT OF VETERANS AFFAIRS [OMB Control No. 2900–0795] Agency Information Collection Activity: Barriers to Health Care for Women Veterans Survey Veterans Health Administration, Department of Veterans Affairs. ACTION: Notice. AGENCY: Veterans Health Administration (VHA), Department of Veterans Affairs (VA), is announcing an opportunity for public comment on the proposed collection of certain information by the agency. Under the Paperwork Reduction Act (PRA) of 1995, Federal agencies are required to publish notice in the Federal Register concerning each proposed collection of information, including each proposed extension of a currently approved SUMMARY: E:\FR\FM\05OCN1.SGM 05OCN1

Agencies

[Federal Register Volume 87, Number 192 (Wednesday, October 5, 2022)]
[Notices]
[Pages 60438-60439]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-21551]


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UNITED STATES SENTENCING COMMISSION


Proposed Priorities for Amendment Cycle

AGENCY: United States Sentencing Commission.

ACTION: Notice; request for public comment.

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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 United States Sentencing Commission is 
seeking comment on possible policy priorities for the amendment cycle 
ending May 1, 2023.

DATES: Public comment should be received by the Commission on or before 
October 17, 2022.

ADDRESSES: Comments should be sent to the Commission by electronic mail 
or

[[Page 60439]]

regular mail. The email address is [email protected]. The regular 
mail address is 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: Jennifer Dukes, Senior Public Affairs 
Specialist, (202) 502-4500, [email protected].

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 possible policy 
priorities for the amendment cycle ending May 1, 2023. Other factors, 
such as legislation requiring Commission action, may affect the 
Commission's ability to complete work on any or all identified 
priorities by May 1, 2023. Accordingly, the Commission may continue 
work on any or all identified priorities after that date or may decide 
not to pursue one or more identified priorities. The Commission invites 
comment on the proposed priorities set forth below. Public comment 
should be sent to the Commission as indicated in the ADDRESSES section 
above.
    Pursuant to 28 U.S.C. 994(g), the Commission intends to consider 
the issue of reducing costs of incarceration and overcapacity of 
prisons, to the extent it is relevant to any identified priority.
    The proposed priorities for the amendment cycle ending May 1, 2023, 
are as follows:
    (1) Consideration of possible amendments to Sec.  1B1.13 (Reduction 
in Term of Imprisonment Under 18 U.S.C. 3582(c)(1)(A) (Policy 
Statement)) to (A) implement the First Step Act of 2018 (Pub. L. 115-
391); and (B) further describe what should be considered extraordinary 
and compelling reasons for sentence reductions under 18 U.S.C. 
3582(c)(1)(A).
    (2) Consideration of possible amendments to Sec.  2D1.1 (Unlawful 
Manufacturing, Importing, Exporting, or Trafficking (Including 
Possession with Intent to Commit These Offenses), Sec.  2D1.11 
(Unlawfully Distributing, Importing, Exporting or Possessing a Listed 
Chemical; Attempt or Conspiracy), Sec.  5C1.2 (Limitation on 
Applicability of Statutory Minimum Sentences in Certain Cases), and 
related provisions in the Guidelines Manual, to implement the First 
Step Act of 2018 (Pub. L. 115-391).
    (3) Consideration of possible amendments to Sec.  2K2.1 (Unlawful 
Receipt, Possession, or Transportation of Firearms or Ammunition; 
Prohibited Transactions Involving Firearms or Ammunition) to (A) 
implement the Bipartisan Safer Communities Act (Pub. L. 117-159); and 
(B) make any other changes that may be warranted to appropriately 
address firearms offenses.
    (4) Resolution of circuit conflicts as warranted, pursuant to the 
Commission's authority under 28 U.S.C. 991(b)(1)(B) and Braxton v. 
United States, 500 U.S. 344 (1991), including the circuit conflicts 
concerning (A) whether the government may withhold a motion pursuant to 
subsection (b) of Sec.  3E1.1 (Acceptance of Responsibility) because a 
defendant moved to suppress evidence; and (B) whether an offense must 
involve a substance controlled by the Controlled Substances Act (21 
U.S.C. 801 et seq.) to qualify as a ``controlled substance offense'' 
under subsection (b) of Sec.  4B1.2 (Definitions of Terms Used in 
Section 4B1.1).
    (5) Implementation of any legislation warranting Commission action.
    (6) Continuation of its multiyear work on Sec.  4B1.2 (Definitions 
of Terms Used in Section 4B1.1), including possible amendments to (A) 
provide an alternative approach to the ``categorical approach'' in 
determining whether an offense is a ``crime of violence'' or a 
``controlled substance offense''; and (B) address various application 
issues, including the meaning of ``robbery'' and ``extortion,'' and the 
treatment of inchoate offenses and offenses involving an offer to sell 
a controlled substance.
    (7) In light of the Commission's studies on recidivism, 
consideration of possible amendments to the Guidelines Manual relating 
to criminal history to address (A) the impact of ``status'' points 
under subsection (d) of Sec.  4A1.1 (Criminal History Category); and 
(B) the treatment of defendants with zero criminal history points.
    (8) Consideration of possible amendments to the Guidelines Manual 
addressing 28 U.S.C. 994(j).
    (9) Consideration of possible amendments to the Guidelines Manual 
to prohibit the use of acquitted conduct in applying the guidelines.
    (10) Multiyear study of the Guidelines Manual to address case law 
concerning the validity and enforceability of guideline commentary.
    (11) Continuation of its multiyear examination of the structure of 
the guidelines post-Booker to simplify the guidelines while promoting 
the statutory purposes of sentencing.
    (12) Multiyear study of court-sponsored diversion and alternatives-
to-incarceration programs (e.g., Pretrial Opportunity Program, 
Conviction And Sentence Alternatives (CASA) Program, Special Options 
Services (SOS) Program), including consideration of possible amendments 
to the Guidelines Manual that might be appropriate.
    (13) Consideration of other miscellaneous issues, including 
possible amendments to (A) Sec.  3D1.2 (Grouping of Closely Related 
Counts) to address the interaction between Sec.  2G1.3 (Promoting a 
Commercial Sex Act or Prohibited Sexual Conduct with a Minor; 
Transportation of Minors to Engage in a Commercial Sex Act or 
Prohibited Sexual Conduct; Travel to Engage in Commercial Sex Act or 
Prohibited Sexual Conduct with a Minor; Sex Trafficking of Children; 
Use of Interstate Facilities to Transport Information about a Minor) 
and Sec.  3D1.2(d); and (B) Sec.  5F1.7 (Shock Incarceration Program 
(Policy Statement)) to reflect that the Bureau of Prisons no longer 
operates a shock incarceration program.
    Authority: 28 U.S.C. 994(a), (o); USSC Rules of Practice and 
Procedure 5.2.

Carlton W. Reeves,
Chair.
[FR Doc. 2022-21551 Filed 10-4-22; 8:45 am]
BILLING CODE 2210-40-P


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