[Federal Register Volume 77, Number 97 (Friday, May 18, 2012)]
[Proposed Rules]
[Pages 29579-29581]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-12134]


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DEPARTMENT OF JUSTICE

28 CFR Part 90

[OVW Docket No. 110]
RIN 1105-AB40


Removing Unnecessary Office on Violence Against Women Regulations

AGENCY: Office on Violence Against Women, Justice.

ACTION: Proposed rule.

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SUMMARY: This rule proposes to remove the regulations for the STOP 
Violence Against Indian Women Discretionary Grant Program, because the 
Program no longer exists, and the Grants to Combat Violent Crimes 
Against Women on Campuses Program, because the regulations are no 
longer required and are unnecessary.

DATES: Written comments must be postmarked and electronic comments must 
be submitted on or before July 17, 2012. Comments received by mail will 
be considered timely if they are postmarked on or before that date. The 
electronic Federal Docket Management System (FDMS) will accept comments 
until Midnight Eastern Time at the end of that day.

ADDRESSES: To ensure proper handling of comments, please reference 
``Docket No. OVW 110'' on all electronic and written correspondence. 
The Department encourages the electronic submission of all comments 
through http://www.regulations.gov using the electronic comment form 
provided on that site. For easy reference, an electronic copy of this 
document is also available at the http://www.regulations.gov Web site. 
It is not necessary to submit paper comments that duplicate the 
electronic submission, as all comments submitted to http://www.regulations.gov will be posted for public review and are part of 
the official docket record. However, should you wish to submit written 
comments through regular or express mail, they should be sent to Kathi 
Grasso, Office on Violence Against Women, United States Department of 
Justice, 145 N Street NE., Suite 10W.121, Washington, DC 20530.

FOR FURTHER INFORMATION CONTACT: Kathi Grasso, Office on Violence 
Against Women (OVW), United States Department of Justice, 145 N Street 
NE., Suite 10W.121, Washington, DC 20530 at [email protected] or 
(202) 305-9098.

SUPPLEMENTARY INFORMATION:
    Posting of Public Comments. Please note that all comments received 
are considered part of the public record and made available for public 
inspection online at http://www.regulations.gov. Such information 
includes personal identifying information (such as your name and 
address) voluntarily submitted by the commenter.
    You are not required to submit personal identifying information in 
order to comment on this rule. If you want to submit personal 
identifying information (such as your name and address) as part of your 
comment, but do not want it posted online, you must include the phrase 
``PERSONAL IDENTIFYING INFORMATION'' in the first paragraph of your 
comment. You also must locate all personal identifying information that 
you do not want posted online in the first paragraph of your

[[Page 29580]]

comment and identify what information you want redacted.
    If you want to submit confidential business information as part of 
your comment, but do not want it to be posted online, you must include 
the phrase ``CONFIDENTIAL BUSINESS INFORMATION'' in the first paragraph 
of your comment. You also must prominently identify confidential 
business information to be redacted within the comment. If a comment 
has so much confidential business information that it cannot be 
effectively redacted, all or part of that comment may not be posted on 
http://www.regulations.gov.
    Personal identifying and confidential business information 
identified and located as set forth above will be placed in the 
agency's public docket file, but not posted online. If you wish to 
inspect the agency's public docket file in person by appointment, 
please see the paragraph above entitled FOR FURTHER INFORMATION 
CONTACT.
    The reason the Department requests electronic comments before 
Midnight Eastern Time, at the end of the day the comment period closes, 
is that the inter-agency Regulations.gov/Federal Docket Management 
System (FDMS), which receives electronic comments, terminates the 
public's ability to submit comments at that time. Commenters in time 
zones other than Eastern may want to take this fact into account so 
that their electronic comments can be received. The constraints imposed 
by the Regulations.gov/FDMS system do not apply to U.S. postal comments 
which, as stated above, will be considered as timely filed if they are 
postmarked before Midnight on the day the comment period closes.

Background

STOP VAIW Program

    In 1994, Congress passed the Violence Against Women Act (VAWA), a 
comprehensive legislative package aimed at ending violence against 
women. VAWA was enacted on September 13, 1994, as title IV of the 
Violent Crime Control and Law Enforcement Act of 1994, Public Law 103-
322, 108 Stat. 1796. VAWA was designed to improve criminal justice 
system responses to domestic violence, sexual assault, and stalking, 
and to increase the availability of services for victims of these 
crimes. The STOP VAIW Program was codified at 42 U.S.C. 3796gg through 
3796gg-5. The final rule for this program, found at 28 CFR part 90, 
subpart C, under the heading Indian Tribal Governments Discretionary 
Program, was promulgated on April 18, 1995 (74 FR 19474).
    The Violence Against Women and Department of Justice 
Reauthorization Act of 2005 (VAWA 2005), Public Law 109-162, 119 Stat. 
2960 (January 5, 2006) (hereinafter ``VAWA 2005''), eliminated the STOP 
VAIW Program and replaced it with the Grants to Indian Tribal 
Governments Program which is codified at 42 U.S.C. 3796gg-10. 
Accordingly, this rule proposes to remove the now unnecessary STOP VAIW 
Program regulations.

Higher Education Amendments of 1998

    Violence against women on college and university campuses also is a 
serious, widespread problem. To help address this problem, Congress 
authorized the Grants to Combat Violent Crimes Against Women on 
Campuses Program in title VIII, part E, section 826 of the Higher 
Education Amendments of 1998, Public Law 105-244, 112 Stat. 1581 (Oct. 
7, 1998). Consistent with VAWA, the Grants to Combat Violent Crimes 
Against Women on Campuses Program is designed to encourage the higher 
education community to adopt comprehensive, coordinated strategies for 
preventing and stopping violence against women. This program was 
originally codified at 20 U.S.C. 1152. VAWA 2005 renamed it the Grants 
to Combat Violent Crimes on Campus Program (Campus) and recodified it 
at 42 U.S.C. 14045b. The final rule for the program, found at 28 CFR 
part 90, subpart E, was promulgated on July 22, 1999 (64 FR 39774).
    When VAWA 2005 recodified the program, it removed the requirement 
for regulations. The current regulations are unnecessary as they add 
very little that is not already legally required under VAWA 2005 for 
grantees of the Campus Program. Accordingly, this rule also proposes to 
remove the Grants To Combat Violent Crimes Against Women on Campuses 
regulations.

Regulatory Certifications

Executive Orders 12866 and 13563--Regulatory Review

    This regulation has been drafted and reviewed in accordance with 
Executive Order 12866, ``Regulatory Planning and Review,'' section 
1(b), Principles of Regulation, and in accordance with Executive Order 
13563, ``Improving Regulation and Regulatory Review,'' section 1(b). 
General Principles of Regulation.
    The Department of Justice has determined that this rule is not a 
``significant regulatory action'' under Executive Order 12866, section 
3(f), Regulatory Planning and Review, and accordingly this rule has not 
been reviewed by the Office of Management and Budget.
    Further, both Executive Orders 12866 and 13563 direct agencies to 
assess all costs and benefits of available regulatory alternatives and, 
if regulation is necessary, to select regulatory approaches that 
maximize net benefits (including potential economic, environmental, 
public health and safety effects, distributive impacts, and equity). 
Executive Order 13563 emphasizes the importance of quantifying both 
costs and benefits, of reducing costs, of harmonizing rules, and of 
promoting flexibility. The Department has assessed the costs and 
benefits of this regulation and believes that the regulatory approach 
selected maximizes net benefits.

Executive Order 13132--Federalism

    This regulation will not have substantial direct effects on the 
States, on the relationship between the national government and the 
States, or on distribution of power and responsibilities among the 
various levels of government. Therefore, in accordance with Executive 
Order 13132, it is determined that this rule does not have sufficient 
federalism implications to warrant the preparation of a Federalism 
Assessment.

Executive Order 12988--Civil Justice Reform

    This regulation meets the applicable standards set forth in 
sections 3(a) and 3(b)(2) of Executive Order 12988.

Executive Order 13175--Consultation and Coordination With Indian Tribal 
Governments

    As set forth more fully above in the Supplementary Information 
portion, this rule will not result in substantial direct increased 
costs to Indian Tribal governments. Eliminating regulations for a 
program that no longer exists will not affect tribes.

Regulatory Flexibility Act

    The Office on Violence Against Women, in accordance with the 
Regulatory Flexibility Act (5 U.S.C. 605(b)), has reviewed this 
regulation and, by approving it, certifies that this regulation will 
not have a significant economic impact upon a substantial number of 
small entities for the following reason: The economic impact is limited 
to the Office on Violence Against Women's appropriated funds.

[[Page 29581]]

Unfunded Mandates Reform Act of 1995

    This rule will not result in the expenditure by State, local, and 
tribal governments, in the aggregate, or by the private sector, of 
$100,000,000 or more in any one year, and it will not uniquely affect 
small governments. Therefore, no actions were deemed necessary under 
the provisions of the Unfunded Mandates Reform Act of 1995.

Small Business Regulatory Enforcement Fairness Act of 1996

    This rule is not a major rule as defined by section 804 of the 
Small Business Regulatory Enforcement Fairness Act of 1996. This rule 
will not result in an annual effect on the economy of $100,000,000 or 
more; a major increase in cost or prices; or significant adverse 
effects on competition, employment, investment, productivity, 
innovation, or on the ability of United States-based companies to 
compete in domestic and export markets.

List of Subjects in 28 CFR Part 90

    Grant programs; Judicial administration.

    For the reason set forth in the preamble, the Office on Violence 
Against Women proposes to amend 28 CFR part 90 as follows:

PART 90--VIOLENCE AGAINST WOMEN

    1. The authority citation for Part 90 reads as follows:

    Authority: 42 U.S.C. 3711-3796gg-7; Sec. 826, Part E, Title 
VIII, Public Law 105-244, 112 Stat. 1581, 1815.

Subpart C--Indian Tribal Governments Discretionary Program [Removed 
and Reserved]

    2. Remove and reserve subpart C, consisting of Sec. Sec.  90.50-
90.59.

Subpart E--[Removed and Reserved]

    3. Remove and reserve subpart E, consisting of Sec. Sec.  90.100-
90.106.

    Dated: May 10, 2012.
Bea Hanson,
Acting Director, Office on Violence Against Women, U.S. Department of 
Justice.
[FR Doc. 2012-12134 Filed 5-17-12; 8:45 am]
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