Department of Justice 2020 – Federal Register Recent Federal Regulation Documents

Objective Factors for Classifying Weapons With “Stabilizing Braces”; Withdrawal of Guidance
Document Number: 2020-28930
Type: Notice
Date: 2020-12-31
Agency: Department of Justice, Bureau of Alcohol, Tobacco, Firearms and Explosives
The Bureau of Alcohol, Tobacco, Firearms, and Explosives (``ATF'') is announcing the withdrawal of a notice and request for comments entitled ``Objective Factors for Classifying Weapons with `Stabilizing Braces','' that was published on December 18, 2020.
Security Bars and Processing
Document Number: 2020-28436
Type: Rule
Date: 2020-12-23
Agency: Executive Office for Immigration Review, Department of Justice, Department of Homeland Security
On July 9, 2020, DHS and DOJ (collectively, ``the Departments'') published a notice of proposed rulemaking (``NPRM'') clarifying that the danger to the security of the United States statutory bar to eligibility for asylum and withholding of removal may encompass emergency public health concerns. This final rule responds to comments received in response to the NPRM and reflects (and in some instances, modifies) intervening changes made to the regulatory framework by Procedures for Asylum and Withholding of Removal; Credible Fear and Reasonable Fear Review, published December 11, 2020 (``Global Asylum Final Rule''). Namely, it amends existing regulations to clarify that in certain circumstances there are ``reasonable grounds for regarding [an] alien as a danger to the security of the United States'' or ``reasonable grounds to believe that [an] alien is a danger to the security of the United States'' based on emergency public health concerns generated by a communicable disease, making the alien ineligible to be granted asylum in the United States under section 208 of the Immigration and Nationality Act (``INA'') or the protection of withholding of removal under the INA (``statutory withholding of removal'') or subsequent regulations (because of the threat of torture). The final rule further allows DHS to exercise its prosecutorial discretion regarding how to process individuals subject to expedited removal who are determined to be ineligible for asylum and withholding of removal in the United States because they are subject to the danger to the security of the United States. Finally, the rule modifies the process in expedited removal proceedings for screening aliens for potential eligibility for deferral of removal (who are ineligible for withholding of removal as subject to the danger to the security of the United States bar).
Commerce in Explosives; 2020 Annual List of Explosive Materials
Document Number: 2020-28404
Type: Notice
Date: 2020-12-23
Agency: Department of Justice, Bureau of Alcohol, Tobacco, Firearms and Explosives
This notice publishes the 2020 List of Explosive Materials, as required by law. The 2020 list is the same as the 2019 list published by ATF.
Agency Information Collection Activities; Proposed eCollection eComments Requested; Proposed Collection; Comments Requested: Form USM-649, Vulnerability Assessment Request
Document Number: 2020-28191
Type: Notice
Date: 2020-12-22
Agency: Department of Justice
The Department of Justice (DOJ), U.S. Marshals Service (USMS), will submit the following information collection request to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995.
Importer of Controlled Substances Application: Yourway Transport
Document Number: 2020-28179
Type: Notice
Date: 2020-12-22
Agency: Drug Enforcement Administration, Department of Justice
Yourway Transport has applied to be registered as an importer of basic class(es) of controlled substance(s). Refer to SUPPLEMENTARY INFORMATION listed below for further drug information.
Importer of Controlled Substances Application: Organic Standards Solutions International, LLC
Document Number: 2020-28178
Type: Notice
Date: 2020-12-22
Agency: Drug Enforcement Administration, Department of Justice
Organic Standards Solutions International, LLC has applied to be registered as an importer of basic class(es) of controlled substance(s). Refer to Supplemental Information listed below for further drug information.
Importer of Controlled Substances Application: Fresenius Kabi USA, LLC
Document Number: 2020-28177
Type: Notice
Date: 2020-12-22
Agency: Drug Enforcement Administration, Department of Justice
Fresenius Kabi USA, LLC has applied to be registered as an importer of basic class(es) of controlled substance(s). Refer to Supplemental Information listed below for further drug information.
Notice Pursuant to the National Cooperative Research and Production Act of 1993-CHEDE-8
Document Number: 2020-28141
Type: Notice
Date: 2020-12-22
Agency: Antitrust Division, Department of Justice
Agency Information Collection Activities; Proposed eCollection of eComments Requested; New Information Collection; Licensing Questionnaire-ATF Form 8620.44
Document Number: 2020-28124
Type: Notice
Date: 2020-12-21
Agency: Department of Justice, Bureau of Alcohol, Tobacco, Firearms and Explosives
The Department of Justice (DOJ), Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), will submit the following information collection request to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995.
Meeting of the Federal Advisory Committee on Juvenile Justice
Document Number: 2020-28096
Type: Notice
Date: 2020-12-21
Agency: Department of Justice, Office of Justice Programs
The Office of Juvenile Justice and Delinquency Prevention has scheduled a meeting of the Federal Advisory Committee on Juvenile Justice (FACJJ).
Procedures for Completing Uniform Periodic Reports in Non-Small Business Cases Filed Under Chapter 11 of Title 11
Document Number: 2020-27715
Type: Rule
Date: 2020-12-21
Agency: Department of Justice
The Department of Justice (Department), through its component, EOUST, issues this final rule (Rule) in accordance with Section 602 of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA). The BAPCPA authorizes the Department to issue rules requiring uniform periodic reports (periodic reports) by debtors-in-possession or trustees in cases under chapter 11 of title 11. These periodic reports are to be used by all chapter 11 debtors who do not qualify as a ``small business debtor'' as defined in the Bankruptcy Code. This Rule benefits the public by streamlining existing periodic reporting requirements and eliminating more than 150 existing report forms.
Designation of 3,4-MDP-2-P Methyl Glycidate (PMK Glycidate), 3,4-MDP-2-P Methyl Glycidic Acid (PMK Glycidic Acid), and Alpha-Phenylacetoacetamide (APAA) as List I Chemicals
Document Number: 2020-26813
Type: Proposed Rule
Date: 2020-12-21
Agency: Drug Enforcement Administration, Department of Justice
The Drug Enforcement Administration is proposing to designate 3,4-MDP-2-P methyl glycidate (PMK glycidate), including its optical and geometric isomers; 3,4-MDP-2-P methyl glycidic acid (PMK glycidic acid), including its salts, optical and geometric isomers, and salts of isomers; and alpha-phenylacetoacetamide (APAA), including its optical isomers, as list I chemicals under the Controlled Substances Act (CSA). PMK glycidate and PMK glycidic acid are used in and are important to the manufacture of the schedule I controlled substance 3,4- methylenedioxymethamphetamine (MDMA) and other ``ecstasy''-type substances. APAA is used in and is important to the manufacture of the schedule II controlled substances amphetamine and methamphetamine. If finalized, this action would subject handlers (manufacturers, distributors, importers, and exporters) of PMK glycidate, PMK glycidic acid, and APAA to the chemical regulatory provisions of the CSA and its implementing regulations. This action does not propose the establishment of a threshold for domestic and international transactions of these chemicals. As such, all transactions involving any of these chemicals, regardless of size, would be regulated. In addition, this action proposes that chemical mixtures containing any of these three chemicals would not be exempt from regulatory requirements at any concentration. Therefore, all transactions of chemical mixtures containing any quantity of PMK glycidate, PMK glycidic acid, or APAA would be regulated.
Controls To Enhance the Cultivation of Marihuana for Research in the United States
Document Number: 2020-27999
Type: Rule
Date: 2020-12-18
Agency: Drug Enforcement Administration, Department of Justice
The Drug Enforcement Administration (DEA) is amending its regulations to facilitate the cultivation of marihuana for research purposes and other licit purposes to enhance compliance with the Controlled Substances Act, including registering cultivators consistent with treaty obligations. This final rule adopts, with minor modifications, the notice of proposed rulemaking published on March 23, 2020, including regulations that govern applications by persons seeking to become registered with DEA to grow marihuana as bulk manufacturers, and regulations related to the purchase and sale of this marihuana by DEA.
Objective Factors for Classifying Weapons with “Stabilizing Braces”
Document Number: 2020-27857
Type: Notice
Date: 2020-12-18
Agency: Department of Justice, Bureau of Alcohol, Tobacco, Firearms and Explosives
The Bureau of Alcohol, Tobacco, Firearms, and Explosives (``ATF'') is publishing the objective factors it considers when evaluating firearms with an attached stabilizing brace to determine whether they are considered firearms under the National Firearms Act (``NFA'') and/or the Gun Control Act (``GCA''). ATF publishes this notice to inform and invite comment from the industry and public on the proposed guidance, Objective Factors for Classifying Weapons with ``Stabilizing Braces,'' prior to issuing a final document. Upon issuance of final guidance, ATF will provide additional information to aid persons and companies in complying with Federal laws and regulations. This notice also outlines ATF's enforcement priorities regarding persons who, prior to publication of this notice, made or acquired, in good faith, firearms equipped with a stabilized brace. Finally, this notice previews ATF's and the Department of Justice's plan to subsequently implement a separate process for current possessors of stabilizer-equipped firearms to choose to register such firearms in compliance with the NFA, including an expedited application process and the retroactive exemption of such firearms from the collection of NFA taxes.
Executive Office for Immigration Review; Fee Review
Document Number: 2020-27506
Type: Rule
Date: 2020-12-18
Agency: Executive Office for Immigration Review, Department of Justice
On February 28, 2020, the Department of Justice (``the Department'' or ``DOJ'') published a notice of proposed rulemaking (``NPRM'' or ``proposed rule'') that would increase the fees for those Executive Office for Immigration Review (``EOIR'') applications, appeals, and motions that are subject to an EOIR-determined fee, based on a fee review conducted by EOIR. The proposed rule would not affect fees established by the Department of Homeland Security (``DHS'') with respect to DHS forms for applications that are filed or submitted in EOIR proceedings. The proposal would not affect the ability of aliens to submit fee waiver requests, nor would it add new fees. The proposed rule would also update cross-references to DHS regulations regarding fees and make a technical change regarding requests under the Freedom of Information Act (``FOIA''). This final rule responds to comments received in response to the NPRM and adopts the fee amounts proposed in the NPRM without change.
Asylum Eligibility and Procedural Modifications
Document Number: 2020-27856
Type: Rule
Date: 2020-12-17
Agency: Executive Office for Immigration Review, Department of Justice, Department of Homeland Security
On July 16, 2019, the Department of Justice and the Department of Homeland Security (``DOJ,'' ``DHS,'' or, collectively, ``the Departments'') published an interim final rule (``IFR'') governing asylum claims in the context of aliens who enter or attempt to enter the United States across the southern land border between the United States and Mexico (``southern land border'') after failing to apply for protection from persecution or torture while in a third country through which they transited en route to the United States. This final rule responds to comments received on the IFR and makes minor changes to regulations implemented or affected by the IFR for clarity and correction of typographical errors.
Equal Participation of Faith-Based Organizations in the Federal Agencies' Programs and Activities
Document Number: 2020-27084
Type: Rule
Date: 2020-12-17
Agency: Agency for International Development, Agencies and Commissions, Department of Veterans Affairs, Department of Labor, Department of Justice, Department of Housing and Urban Development, Department of Homeland Security, Department of Health and Human Services, Department of Education, Department of Agriculture, Office of the Secretary
This rule amends the regulations of the agencies listed above (``the Agencies'') to implement Executive Order 13831 of May 3, 2018 (Establishment of a White House Faith and Opportunity Initiative). This rule provides clarity about the rights and obligations of faith-based organizations participating in the Agencies' Federal financial assistance programs and activities. This rulemaking is intended to ensure that the Agencies' Federal financial assistance programs and activities are implemented in a manner consistent with the requirements of Federal law, including the First Amendment to the Constitution and the Religious Freedom Restoration Act.
Privacy Act of 1974; Systems of Records
Document Number: 2020-27696
Type: Notice
Date: 2020-12-16
Agency: Department of Justice
Pursuant to the Privacy Act of 1974, Office of Management and Budget (OMB) Circular No. A-108, and 34 U.S.C. 10109(e), notice is hereby given that the Office of Justice Programs (OJP) proposes to develop a new system of records titled Justice Grants System (JustGrants) (JUSTICE/OJP-016) on behalf of itself, the Office of Community Oriented Policing Services (COPS), and the Office on Violence Against Women (OVW). OJP, COPS, and OVW are the three grant-making components of the United States Department of Justice (DOJ or Department). OJP, COPS, and OVW will use JustGrants to manage the planning, reviewing, awarding, modifying, monitoring, and closing out of DOJ grant awards and payment programs (such as the State Criminal Alien Assistance Program (SCAAP) and the Bullet Proof Vest Program (BVP)). JustGrants provides authorized internal users with the capability to effectively run queries on various data elements, review and score applications, generate award documents for successful applicants, approve awards, obligate award funds, and monitor the performance of award recipients. JustGrants also allows authorized internal users to maintain files on unsuccessful applicants and to update, modify, and maintain files for past and current award recipients. Finally, applicants for, and recipients of, federal grant funding from OJP, COPS, and OVW will be able to use JustGrants to manage the full lifecycle of the DOJ grants or payment programs with which they are involved, including applying for, accepting, modifying, monitoring, reporting on, and closing out of the grants or programs.
United States
Document Number: 2020-27685
Type: Notice
Date: 2020-12-16
Agency: Antitrust Division, Department of Justice
Agency Information Collection Activities; Proposed eCollection of eComments Requested; Report of Theft or Loss-Explosive Materials-ATF Form 5400.5
Document Number: 2020-27644
Type: Notice
Date: 2020-12-16
Agency: Department of Justice
The Department of Justice (DOJ), Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), will submit the following information collection request to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995.
Agency Information Collection Activities; Proposed eCollection eComments Requested; Revision of a Currently Approved Collection; Biographic Verification Form (1-791)
Document Number: 2020-27643
Type: Notice
Date: 2020-12-16
Agency: Department of Justice
Department of Justice (DOJ), Federal Bureau of Investigation (FBI), Criminal Justice Information Services (CJIS) Division, will be submitting the following information collection request to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995.
Procedures for Asylum and Withholding of Removal
Document Number: 2020-27210
Type: Rule
Date: 2020-12-16
Agency: Executive Office for Immigration Review, Department of Justice
On September 23, 2020, the Department of Justice (``DOJ'' or ``the Department'') published a notice of proposed rulemaking (``NPRM'' or ``proposed rule'') that proposed to amend the regulations governing the adjudication of applications for asylum and withholding of removal before the Executive Office for Immigration Review (``EOIR''), including outlining requirements for filing a complete application for relief and the consequences of filing an incomplete application, and establishing a 15-day filing deadline for aliens applying for asylum in asylum-and-withholding-only-proceedings, and clarifying evidentiary standards in adjudicating such applications. Further, the Department proposed changes related to the 180-day asylum adjudication clock. This final rule responds to comments received in response to the NPRM and adopts the NPRM with few changes.
Prohibition on Settlement Payments to Non-Governmental Third Parties
Document Number: 2020-27189
Type: Rule
Date: 2020-12-16
Agency: Department of Justice, Office of the Attorney General
This final rule amends the Department's regulations to set forth the principles of the Attorney General's Memorandum of June 5, 2017, prohibiting the inclusion of provisions in settlement agreements directing or providing for a payment or loan to a non-governmental person or entity that is not a party to the dispute, except in defined circumstances.
Appellate Procedures and Decisional Finality in Immigration Proceedings; Administrative Closure
Document Number: 2020-27008
Type: Rule
Date: 2020-12-16
Agency: Executive Office for Immigration Review, Department of Justice
On August 26, 2020, the Department of Justice (``Department'') published a notice of proposed rulemaking (``NPRM'' or ``proposed rule'') that would amend the regulations of the Executive Office for Immigration Review (``EOIR'') regarding the handling of appeals to the Board of Immigration Appeals (``BIA'' or ``Board''). The Department proposed multiple changes to the processing of appeals to ensure the consistency, efficiency, and quality of its adjudications. The Department also proposed to amend the regulations to make clear that there is no freestanding authority of line immigration judges or BIA members to administratively close cases. Finally, the Department proposed to delete inapplicable or unnecessary provisions regarding the forwarding of the record of proceedings on appeal. This final rule responds to comments received in response to the NPRM and adopts the NPRM with minor changes as described below.
Schedules of Controlled Substances: Exempt Anabolic Steroid Products
Document Number: 2020-25288
Type: Rule
Date: 2020-12-16
Agency: Drug Enforcement Administration, Department of Justice
The Drug Enforcement Administration is denying applications to designate four in-process preparations containing trenbolone acetate as exempt anabolic steroid products under the Controlled Substances Act.
Bulk Manufacturer of Controlled Substances Application: Sterling Wisconsin, LLC
Document Number: 2020-27512
Type: Notice
Date: 2020-12-15
Agency: Drug Enforcement Administration, Department of Justice
Sterling Wisconsin, LLC has applied to be registered as a bulk manufacturer of basic class(es) of controlled substance(s). Refer to Supplemental Information listed below for further drug information.
Importer of Controlled Substances Application: Adiramedica LLC
Document Number: 2020-27509
Type: Notice
Date: 2020-12-15
Agency: Drug Enforcement Administration, Department of Justice
Adiramedica LLC has applied to be registered as an importer of a basic class of a controlled substance. Refer to Supplemental Information listed below for further drug information.
Bulk Manufacturer of Controlled Substances Application: Johnson Matthey, Inc.
Document Number: 2020-27241
Type: Notice
Date: 2020-12-11
Agency: Drug Enforcement Administration, Department of Justice
Johnson Matthey, Inc., has applied to be registered as a bulk manufacturer of basic class(es) of controlled substance(s). Refer to Supplemental Information listed below for further drug information.
Bulk Manufacturer of Controlled Substances Application: Sterling Pharma USA, LLC
Document Number: 2020-27240
Type: Notice
Date: 2020-12-11
Agency: Drug Enforcement Administration, Department of Justice
Sterling Pharma USA, LLC has applied to be registered as a bulk manufacturer of basic class(es) of controlled substance(s). Refer to Supplemental Information listed below for further drug information.
Lisa Hofschulz, N.P.; Decision and Order
Document Number: 2020-27239
Type: Notice
Date: 2020-12-11
Agency: Drug Enforcement Administration, Department of Justice
George Pursley, M.D.; Denial of Application
Document Number: 2020-27236
Type: Notice
Date: 2020-12-11
Agency: Drug Enforcement Administration, Department of Justice
Anindita Nandi, M.D.; Decision and Order
Document Number: 2020-27235
Type: Notice
Date: 2020-12-11
Agency: Drug Enforcement Administration, Department of Justice
Poplar Grove Pharmacy Inc.;
Document Number: 2020-27234
Type: Notice
Date: 2020-12-11
Agency: Drug Enforcement Administration, Department of Justice
Ernesto C. Torres, M.D.; Decision and Order
Document Number: 2020-27233
Type: Notice
Date: 2020-12-11
Agency: Drug Enforcement Administration, Department of Justice
King Wong, M.D.; Decision and Order
Document Number: 2020-27232
Type: Notice
Date: 2020-12-11
Agency: Drug Enforcement Administration, Department of Justice
Zeljko Stjepanovic, M.D.; Decision and Order
Document Number: 2020-27231
Type: Notice
Date: 2020-12-11
Agency: Drug Enforcement Administration, Department of Justice
Procedures for Asylum and Withholding of Removal; Credible Fear and Reasonable Fear Review
Document Number: 2020-26875
Type: Rule
Date: 2020-12-11
Agency: Executive Office for Immigration Review, Department of Justice, Department of Homeland Security
On June 15, 2020, the Department of Homeland Security (``DHS'') and the Department of Justice (``DOJ'') (collectively ``the Departments'') published a notice of proposed rulemaking (``NPRM'' or ``proposed rule'') that would amend the regulations governing credible fear determinations. The proposed rule would make it so that individuals found to have a credible fear will have their claims for asylum, withholding of removal under section 241(b)(3) of the Immigration and Nationality Act (``INA'' or ``the Act'') (``statutory withholding of removal''), or protection under the regulations issued pursuant to the legislation implementing the Convention Against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment (``CAT''), adjudicated by an immigration judge within the Executive Office for Immigration Review (``EOIR'') in streamlined proceedings (rather than under section 240 of the Act), and to specify what standard of review applies in such streamlined proceedings. The Departments further proposed changes to the regulations regarding asylum, statutory withholding of removal, and withholding and deferral of removal under the Convention Against Torture (``CAT'') regulations. The Departments also proposed amendments related to the standards for adjudication of applications for asylum and statutory withholding. This final rule (``rule'' or ``final rule'') responds to comments received in response to the NPRM and generally adopts the NPRM with few substantive changes.
Schedules of Controlled Substances: Removal of Samidorphan From Control
Document Number: 2020-26812
Type: Proposed Rule
Date: 2020-12-10
Agency: Drug Enforcement Administration, Department of Justice
The Drug Enforcement Administration (DEA) proposes to remove samidorphan (3-carboxamido-4-hydroxy naltrexone) and its salts from the schedules of the Controlled Substances Act (CSA). This scheduling action is pursuant to the CSA which requires that such actions be made on the record after opportunity for a hearing through formal rulemaking. Samidorphan is currently a schedule II controlled substance because it can be derived from opium alkaloids. This action would remove the regulatory controls and administrative, civil, and criminal sanctions applicable to controlled substances, including those specific to schedule II controlled substances, on persons who handle (manufacture, distribute, reverse distribute, dispense, conduct research, import, export, or conduct chemical analysis) or propose to handle samidorphan.
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