Department of Justice May 2006 – Federal Register Recent Federal Regulation Documents
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Posting in Final Form of Three Documents Created by Subcommittees of the Interagency ADR Working Group (“IADRWG”) Steering Committee (“Steering Committee”), a Group Of Federal Subject Matter Experts
The first document, ``Protecting the Confidentiality of Dispute Resolution Proceedings: A Guide for Federal Workplace ADR Program Administrators'' (``Confidentiality Guide''), provides practical guidance to program administrators on the application of the confidentiality provisions of the Administrative Dispute Resolution Act of 1996, 5 U.S.C. 574, to Federal workplace dispute resolution programs. The second document is the ``Guide for Federal Employee Mediators'' (a supplementation and annotation of the 2005 Model Standards of Conduct for Mediators issued by the American Arbitration Association, American Bar Association, and the Association for Conflict Resolution), which is for use by federal employee mediators. The third document is the ``Guide for Federal Employee Ombuds'' (a supplementation and annotation of the Standards for the Establishment and Operations of Ombuds Offices issued on February 9, 2004 by the American Bar Association), prepared by the Steering Committee in conjunction with the Coalition for Federal Ombudsmen, for use by federal employee ombuds. Complete copies of each of the three final documents can be found at the IADRWG Web site, https://www.adr.gov (click on ``Guidance''), or may be requested in hard copy from Hon. Richard C. Walters, Administrative Judge, U.S. Department of Veterans Affairs Board of Contract Appeals (09), 810 Vermont Avenue, NW., Washington, DC 20420, telephone 202-273-6747. In a Notice in the 70 FR 67901, Nov. 9, 2005, the Steering Committee invited interested individuals or organizations to submit comments, within 30 days, on the documents for consideration before they were posted in final form. Complete copies of the three draft guides to which the comments were addressed, as well as a summary of the comments received and disposition thereof for each guide, are posted at https://www.adr.gov (click on ``Library/Archives'').
Notice Pursuant to the National Cooperative Research and Production Act of 1993-Telemanagement Forum
Definition of “Positional Isomer” as It Pertains to the Control of Schedule I Controlled Substances
The Controlled Substances Act (CSA) and its implementing regulations specify which hallucinogenic substances are considered Schedule I controlled substances. The CSA states that all salts, isomers and salts of isomers of these substances are also Schedule I controlled substances. In non-technical terms, an isomer of a substance is a different compound, but a compound which has the same number and kind of atoms. The terms ``optical isomer'' and ``geometric isomer'' are specific scientific terms and it is easy to determine whether one substance is an optical or geometric isomer of another. The term ``positional isomer,'' however, is subject to scientific interpretation. This Notice of Proposed Rulemaking proposes the addition of a specific definition for the term ``positional isomer'' to allow for the systematic determination of which isomers of Schedule I substances would be considered to be ``positional'' and, therefore subject to Schedule I control. The addition of a definition for the term ``positional isomer'' will assist legitimate research and industry in determining the control status of materials that are ``positional isomers'' of Schedule I hallucinogens. While the DEA will remain the authority for ultimately determining the control status of a given material, providing a specific definition for ``positional isomer'' will ensure consistent criteria are utilized in making these determinations. This rule is relevant only to specialized forensic or research chemists. Most of these individuals are existing DEA registrants who are authorized by the DEA to handle Schedule I hallucinogenic substances.
Meeting of the CJIS Advisory Policy Board
The purpose of this notice is to announce the meeting of the Criminal Justice Information Services (CJIS) Advisory Policy Board (APB). The CJIS APB is responsible for reviewing policy issues and appropriate technical and operational issues related to the programs administered by the FBI's CJIS Division, and thereafter, making appropriate recommendations to the FBI Director. The programs administered by the CJIS Division are the Integrated Automated Fingerprint Identification System, the Interstate Identification Index, Law Enforcement Online, National Crime Information Center, the National Instant Criminal Background Check System, the National Incident-Based Reporting System, Law Enforcement National Data Exchange, and Uniform Crime Reporting. The meeting will be open to the public on a first-come, first- seated basis. Any member of the public wishing to file a written statement concerning the CJIS Division programs or wishing to address this session should notify Senior CJIS Advisor Roy G. Weise at (304) 625-2730 at least 24 hours prior to the start of the session. The notification should contain the requester's name, corporate designation, and consumer affiliation or government designation along with a short statement describing the topic to be addressed and the time needed for the presentation. A requester will ordinarily be allowed no more than 15 minutes to present a topic. Dates and Times: The APB will meet in open session from 8:30 a.m. until 5 p.m., on June 22-23, 2006.
United States Marshals Service; Privacy Act of 1974; System of Records
Pursuant to the provisions of the Privacy Act of 1974, 5 U.S.C. 552a, notice is given that the Department of Justice United States Marshals Service (USMS) proposes to establish a new system of records entitled, Merit Promotion Open Season Records System (MPOS) Justice/USM-019. This new system of records contains unclassified records collected pursuant to the USMS merit promotion plan program. The system consists of any information necessary to rate qualifications and make selections for criminal investigator positions at the GS-13 grade level or above, including employees' work experience; service computation dates; performance appraisals; and current job titles, series, and grades. The purpose of the merit promotion open season record system is to allow USMS 1811 criminal investigators to apply for positions during the year without waiting for vacancies to occur or new positions to be established and to, thereafter, receive consideration as positions become available.
Notice of Intent To Publish a Request for Proposal for the Selection of Channelers
The FBI intends to publish a Request For Proposal (RFP) in an effort to select a limited number of third parties to serve as Channelers. Channelers will receive noncriminal justice applicant fingerprint submissions and collect associated fees, ensure fingerprint submissions are properly and adequately completed, electronically forward fingerprint submissions to the FBI's Criminal Justice Information Services (CJIS) Division for national noncriminal justice criminal history record checks, and receive electronic record check results for dissemination to Authorized Recipients that are permitted access to criminal history record information (CHRI) pursuant to Federal statute, Federal Executive order, or a State statute that has been approved by the United States Attorney General.
Electronic Prescriptions for Controlled Substances; Notice of Meeting
The Drug Enforcement Administration (DEA), in conjunction with the Department of Health and Human Services (HHS), is conducting a public meeting to discuss electronic prescriptions for controlled substances. Specifically, this meeting is intended to allow industry prescribers, pharmacies, software/hardware vendors, and other interested third partiesto address how electronic prescribing systems can meet DEA's prescription requirements under the Controlled Substances Act, without unduly burdening the parties to electronic prescribing transactions.
Smoking/No Smoking Areas
In this document, the Bureau of Prisons (Bureau) proposes to revise regulations pertaining to smoking/no smoking for inmates in Bureau facilities. The revised regulations indicate that smoking is generally prohibited in and on the grounds of Bureau institutions and offices, with the following two exceptions: Smoking is permitted as part of an authorized inmate religious activity; and, for Bureau staff and official visitors, smoking is permitted only in smoking areas designated by the Warden. This rule also clarifies that possession of smoking apparatus and tobacco in any form is prohibited for inmates, unless as part of an authorized inmate religious activity. Smoking is defined as inhaling the smoke of any substance through the use of smoking apparatus including, but not limited to, cigars, cigarettes, or pipes. We intend this amendment to promote a clean air environment and to protect the health and safety of staff and inmates.
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