Department of Justice 2005 – Federal Register Recent Federal Regulation Documents
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Professional Responsibility Advisory Office
This rule will amend part 0 of title 28 of the Code of Federal Regulations to reflect the establishment of the Professional Responsibility Advisory Office at the Department of Justice. The Professional Responsibility Advisory Office (PRAO) was created by the Attorney General to provide advice and guidance to Justice Department attorneys on matters involving professional responsibility. The PRAO offers training, provides informational memoranda, and issues opinions in response to individual attorney inquiries. This rule, which sets forth the PRAO's organization, mission and functions, amends the Code of Federal Regulations in order to reflect accurately the Department's internal management structure.
Implementation of the Anabolic Steroid Control Act of 2004
The purpose of this rulemaking is to conform the Drug Enforcement Administration's (DEA) regulations to the provisions of the Anabolic Steroid Control Act of 2004. Effective January 20, 2005, the Act amended the Controlled Substances Act (CSA) and replaced the existing definition of ``anabolic steroid'' with a new definition. This new definition altered the basis for all future administrative scheduling actions relating to the control of anabolic steroids as Schedule III controlled substances by eliminating the requirement to prove muscle growth. Additionally, the Act lists 59 specific substances as being anabolic steroids. As such, these substances and their salts, esters and ethers are Schedule III controlled substances. This rulemaking amends 21 CFR Parts 1300 and 1308 to reflect these changes. The Act also amends the CSA by revising the language requiring exclusion of certain over the counter products from regulation as controlled substances. The Act clarifies that the exclusionary language in 21 U.S.C. 811(g)(1) pertains only to non-narcotic ``drugs'' that may, under the Federal Food, Drug, and Cosmetic Act (FDCA), be lawfully sold over the counter without a prescription. The statute is self-implementing with the changes that became effective on January 20, 2005. DEA has no authority to revise the changes and is simply modifying its regulations to conform to the statute. Consequently, public comments are not being solicited since they could not alter this rule.
Commerce in Explosives; List of Explosive Materials (2005R-14P)
Pursuant to 18 U.S.C. 841(d) and 27 CFR 555.23, the Department must publish and revise at least annually in the Federal Register a list of explosives determined to be within the coverage of 18 U.S.C. 841 et seq. The list covers not only explosives, but also blasting agents and detonators, all of which are defined as explosive materials in 18 U.S.C. 841(c). This notice publishes the 2005 List of Explosive Materials.
Controlled Substances: Established Initial Aggregate Production Quotas for 2006
This notice establishes initial 2006 aggregate production quotas for controlled substances in Schedules I and II of the Controlled Substances Act (CSA).
Office of the Assistant Attorney General for Civil Rights; Certification of the State of North Carolina Accessibility Code Under the Americans With Disabilities Act
The Department of Justice (Department) has determined that the 2002 North Carolina Accessibility Code with 2004 Amendments (NCAC) meets or exceeds the new construction and alterations requirements of title III of the Americans with Disabilities Act of 1990 (ADA). The Department has issued a certification of equivalency, pursuant to 42 U.S.C. 12188(b)(1)(A)(ii) and 28 CFR 36.601 et seq., which constitutes rebuttable evidence, in any enforcement proceeding, that a building constructed or altered in accordance with the NCAC meets or exceeds the requirements of the ADA.
Privacy Act of 1974; Implementation
The Department of Justice (DOJ), Federal Bureau of Investigation (FBI), is issuing a final rule exempting a new system of records entitled the Terrorist Screening Records System (TSRS) (JUSTICE/FBI-019) from subsections (c)(3) and (4); (d)(1), (2), (3), and (4); (e)(1), (2), (3), (5), and (8); and (g) of the Privacy Act, pursuant to 5 U.S.C. 552a(j) and (k). The FBI published a system of records notice for JUSTICE/FBI-019 and a proposed rule implementing these exemptions on July 28, 2005, at 70 FR 43661 and 43715. The listed exemptions are necessary to avoid interference with the law enforcement, intelligence, and counterterrorism functions and responsibilities of the FBI and the Terrorist Screening Center (TSC). This document addresses public comments on both the proposed rule and the system of records notice.
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