[Federal Register Volume 66, Number 228 (Tuesday, November 27, 2001)]
[Notices]
[Pages 59295-59296]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-29466]



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UNITED STATES SENTENCING COMMISSION


Sentencing Guidelines for United States Courts

AGENCY: United States Sentencing Commission.

ACTION: Notice of final amendments to the Sentencing Commission's Rules 
of Practice and Procedure.

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SUMMARY: This notice sets forth amendments to the Commission's Rules of 
Practice and Procedure.

FOR FURTHER INFORMATION CONTACT: Michael Courlander, Public Affairs 
Officer, Telephone: (202) 502-4590.

SUPPLEMENTARY INFORMATION: Section 995(a)(1) of Title 28, United States 
Code, authorizes the Commission to establish general policies and 
promulgate rules and regulations as necessary for the Commission to 
carry out the purposes of the Sentencing Reform Act of 1984. The 
Commission originally adopted the Rules of Practice and Procedure in 
July 1997 and has now made amendments to these rules. Specifically, the 
amendments clarify various rules pertaining to public access and 
generally provide updated information regarding how the public can 
contact the Commission.

    Authority: 28 U.S.C. Sec. 995(a)(1); USSC Rules of Practice and 
Procedure 1.2.

Diana E. Murphy,
Chair.
    Amendment: Part I of the Rules of Practice and Procedure is amended 
by striking the introduction in its entirety.
    Part I of the Rules of Practice and Procedure is amended in Rule 
1.1 by striking the last sentence and inserting the following:

    ``These rules are not intended to create or enlarge legal rights 
for any person.''.

    Part II of the Rules of Practice and Procedure is amended in Rule 
2.2 in the first paragraph by striking ``public'' following ``and vote 
in''; and in the fourth paragraph by striking the last sentence and 
inserting the following:

    ``Such matters include the approval of budget requests, legal 
briefs, staff reports, analyses of legislation, administrative and 
personnel issues, notices regarding Commission amendment priorities, 
technical and clerical amendments to these rules, and decisions to 
hold a nonpublic meeting.''.

    Part III of the Rules of Practice and Procedure is amended in Rule 
3.1 by adding at the end the following paragraph:

    ``Members may participate in meetings from remote locations by 
electronic means, including telephone, satellite, and video 
conference devices.''.

    Part III of the Rules of Practice and Procedure is amended in Rule 
3.2 by adding at the end of the first paragraph the following:

    ``Except as provided in Rule 3.3, meetings of the Commission 
with outside parties shall be conducted in public.''.

    Rule 3.3 is amended to read as follows:

Rule 3.3--Nonpublic Meetings

    The Commission may hold nonpublic meetings (i.e., meetings 
closed to the public) for purposes of the following: (1) to transact 
business of the Commission that is not appropriate for a public 
meeting (e.g., discussion and resolution of personnel and budget 
issues); (2) to receive information from, and participate in 
discussions with, Commission staff and any person designated by an 
ex-officio commissioner as support staff for that commissioner; and 
(3) upon a decision by a majority of the members then serving, to 
receive or share information, from or with any other person, that is 
inappropriate for public disclosure (one example of which would be 
information from a law enforcement agency, the public disclosure of 
which would reveal confidential investigatory techniques or 
jeopardize an ongoing investigation).''.

    Part III of the Rules of Practice and Procedure is amended by 
striking Rule 3.4 in its entirety; and by redesignating Rules 3.5 and 
3.6 as Rules 3.4 and 3.5, respectively.
    Part V of the Rules of Practice and Procedure is amended in Rule 
5.1 by striking ``Office of Legislative and Public Affairs'' and 
inserting ``Office of Publishing and Public Affairs''; and by striking 
the second paragraph in its entirety and inserting the following:

    `` `Public comment' means (1) any written comment submitted by 
an outside party, including an agency represented by an ex-officio 
commissioner, pursuant to a solicitation by the Commission; and (2) 
any other written submission, from an outside party, that the Chair 
or a majority of the members then serving has not precluded from 
being made available to the public. `Public comment' does not 
include any internal communication between and among commissioners, 
Commission staff, and any person designated by an ex-officio 
commissioner as support staff for that commissioner.''.

    Part V of the Rules of Practice and Procedure is amended in Rule 
5.2 by adding at the end the following paragraph:

    ``Subsequent to the deadline for comment on the tentative 
priorities, the Commission shall publish in the Federal Register, 
and make available to the public for inspection, a notice of 
priorities for Commission inquiry and possible action.''.

    Part V of the Rules of Practice and Procedure is amended in Rule 
5.3 by striking ``Data and Reports'' in the title and inserting 
``Information''; by striking ``relevant data and reports for 
consideration'' and inserting ``relevant data, reports, and other 
information for consideration''; and by striking the last sentence and 
inserting the following:

    ``Upon authorization by the Staff Director, the Office of 
Publishing and Public Affairs shall make the data, reports, and 
other information available to the public as soon as practicable.''.

    Part VI of the Rules of Practice and Procedure is amended in Rule 
6.1 by striking ``(202) 273-4500'' and inserting ``(202) 502-4500''; by 
striking ``(202) 273-4529'' and inserting ``(202) 502-4699''; and by 
adding at the end ``The e-mail address is [email protected].''.
    Rule 6.2 is amended to read as follows:
Rule 6.2--Availability of Materials for Public Inspection; Office of 
Publishing and Public Affairs
    The Office of Publishing and Public Affairs is the repository of 
all materials that are available to the public.
    Generally, the Office of Publishing and Public Affairs will 
maintain for public inspection the following: (1) Agendas and schedules 
for Commission public meetings and public hearings; (2) approved 
minutes of Commission public meetings; (3) transcripts of public 
hearings; (4) public comment as defined in Rule 5.1; (5) data, reports, 
and other information made available pursuant to Rule 5.3; and (6) with 
respect to nonpublic meetings described in Rule 3.3(3), a list of 
outside parties attending the meeting, a list of issues upon which the 
Commission was briefed, and, unless otherwise directed by the Chair or 
a majority of the members then serving, copies of written materials 
submitted by outside parties.
    The Office of Publishing and Public Affairs also will make 
available upon request (1) information available pursuant to the 
Commission's policy on public access to Commission data; and (2) A 
Guide to Publications & Resources that lists all publications and 
datasets available from the Commission.''.
    Part VI of the Rules of Practice and Procedure is amended in Rule 
6.4 by striking ``http://www.access.gpo.gov/su_docs; `Information 
Available for Free Public Use in Federal Depository Libraries' should 
be selected. The listing may be searched by state or by area code.'' 
and inserting ``http://www.access.gpo.gov/su_docs/locators/findlibs/
index.html.''.
    Part VI of the Rules of Practice and Procedure is amended in Rule 
6.5 by striking ``http://www.ICPSR.umich.edu/

[[Page 59296]]

NACJD/home.html.'' and inserting ``http://www.ICPSR.umich.edu/NACJD/
archive.html.''.

[FR Doc. 01-29466 Filed 11-26-01; 8:45 am]
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