[Federal Register Volume 78, Number 27 (Friday, February 8, 2013)]
[Proposed Rules]
[Pages 9353-9355]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-02765]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF JUSTICE

Bureau of Prisons

28 CFR Part 571

[BOP-1090-P]
RIN 1120-AA85


Designation of Offenses

AGENCY: Federal Bureau of Prisons, Department of Justice.

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: The Bureau of Prisons (Bureau) proposes to remove rules which 
designate various offenses as sexual offenses for purposes of U.S. Code 
because that provision, which necessitated regulations, has been 
repealed in relevant part.

DATES: Comments are due by April 9, 2013.

FOR FURTHER INFORMATION CONTACT: Sarah Qureshi, Office of General 
Counsel, Bureau of Prisons, phone (202) 307-2105.

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 
www.regulations.gov. Such information includes personal identifying 
information (such as your name, address, etc.) voluntarily submitted by 
the commenter.
    If you want to submit personal identifying information (such as 
your

[[Page 9354]]

name, address, etc.) as part of your comment, but do not want it to be 
posted online, you must include the phrase ``PERSONAL IDENTIFYING 
INFORMATION'' in the first paragraph of your comment. You must also 
locate all the personal identifying information you do not want posted 
online in the first paragraph of your 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 must also prominently identify confidential 
business information to be redacted within the comment. If a comment 
contains so much confidential business information that it cannot be 
effectively redacted, all or part of that comment may not be posted on 
www.regulations.gov.
    Personal identifying information identified and located as set 
forth above will be placed in the agency's public docket file, but not 
posted online. Confidential business information identified and located 
as set forth above will not be placed in the public docket file. If you 
wish to inspect the agency's public docket file in person by 
appointment, please see the ``For Additional Information'' paragraph.

Proposed Rule

    The Bureau proposes to remove rules which designate various 
offenses as sexual offenses for purposes of 18 U.S.C. 4042(c) because 
that provision, which necessitated regulations, has been repealed in 
relevant part. The Bureau published an interim rule on this subject on 
December 16, 1998 (63 FR 69386) (1998 interim rule). When this proposed 
rule is finalized, it will result in the retraction/deletion of the 
1998 interim rule.
    Previously, section 4042(c) of Title 18, United States Code, 
effective November 26, 1998, provided for notification of sex offender 
release and certain related functions to facilitate effective sex 
offender registration and tracking. Notifications were required to be 
made for persons convicted of the federal offenses noted in subsection 
(c)(4)(A) through (D). Subsection (c)(4)(E) authorized the Attorney 
General to designate other offenses as sexual offenses for purposes of 
subsection (c). The Attorney General delegated this authority to the 
Director of the Bureau of Prisons. (See 63 FR 69386, December 16, 
1998.)
    The 1998 interim rule designated additional offenses which are to 
be considered sexual offenses for purposes of 18 U.S.C. 4042(c). These 
additional designations, listed in current Sec.  571.72, include state 
sexual offenses, District of Columbia Code sexual offenses, and certain 
Uniform Code of Military Justice offenses.
    The current regulations, therefore, were specifically promulgated 
in accordance with language in Sec.  4042(c)(4)(E) providing that 
offenses in addition to those specifically enumerated at 4042(c)(4)(A)-
(D) may be ``designated by the Attorney General as a sexual offense for 
the purposes of this subsection.''
    However, 18 U.S.C. 4042(c)(4) was repealed by the Sex Offender 
Registration and Notification Act (SORNA), which is Title I of the Adam 
Walsh Child Protection and Safety Act of 2006 (Pub. L. 109-248). 
Because the revised 18 U.S.C. 4042(c) requires release notice for 
persons required to register under SORNA, the Bureau no longer needs to 
separately designate sexual offenses in addition to those set forth by 
the statute. The offenses previously listed in the regulation are 
generally incorporated in SORNA's comprehensive list of covered 
offenses, thereby rendering the Bureau's current regulations in subpart 
H of 28 CFR part 571 unnecessary. We therefore now propose to remove 
and reserve 28 CFR part 571, subpart H.

Executive Order 12866

    This regulation has been drafted and reviewed in accordance with 
Executive Order 12866, ``Regulatory Planning and Review'', section 
1(b), Principles of Regulation. The Director, Bureau of Prisons has 
determined that this rule is not a ``significant regulatory action'' 
under Executive Order 12866, section 3(f), and accordingly this rule 
has not been reviewed by the Office of Management and Budget.

Executive Order 13132

    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. Under Executive Order 13132, this rule 
does not have sufficient federalism implications for which we would 
prepare a Federalism Assessment.

Regulatory Flexibility Act

    The Director of the Bureau of Prisons, under the Regulatory 
Flexibility Act (5 U.S.C. 605(b)), reviewed this regulation. By 
approving it, the Director certifies that it will not have a 
significant economic impact upon a substantial number of small entities 
because: this rule is about the correctional management of offenders 
committed to the custody of the Attorney General or the Director of the 
Bureau of Prisons, and its economic impact is limited to the Bureau's 
appropriated funds.

Unfunded Mandates Reform Act of 1995

    This rule will not cause State, local and tribal governments, or 
the private sector, to spend $100,000,000 or more in any one year, and 
it will not significantly or uniquely affect small governments. We do 
not need to take action under 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 Sec.  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 costs or prices; or significant adverse effects on 
competition, employment, investment, productivity, innovation, or on 
the ability of United States-based companies to compete with foreign-
based companies in domestic and export markets.

List of Subjects in 28 CFR Part 571

    Prisoners.

Charles E. Samuels, Jr.,
Director, Bureau of Prisons.

    Under rulemaking authority vested in the Attorney General in 5 
U.S.C. 301; 28 U.S.C. 509, 510 and delegated to the Director, Bureau of 
Prisons in 28 CFR Sec.  0.96, we propose to amend 28 CFR part 571 as 
set forth below.

SUBCHAPTER D--COMMUNITY PROGRAMS AND RELEASE

PART 571--RELEASE FROM CUSTODY

0
1. The authority citation for Part 571 continues to read as follows:

    Authority:  5 U.S.C. 301; 18 U.S.C. 3565, 3568-3569 (Repealed in 
part as to offenses committed on or after November 1, 1987), 3582, 
3621, 3622, 3624, 4001, 4042, 4081, 4082 (Repealed in part as to 
offenses committed on or after November 1, 1987), 4161-4166 and 
4201-4218 (Repealed as to offenses committed on or after November 1, 
1987), 5006-5024 (Repealed October 12, 1984 as to offenses committed 
after that date), 5031-5042; 28 U.S.C. 509, 510; U.S. Const., Art. 
II, Sec. 2; 28 CFR 0.95-0.99, 1.1-1.10.

[[Page 9355]]

Subpart H [Removed and Reserved]

0
2. Subpart H, Designation of Offenses for Purposes of 18 U.S.C. 4042(c) 
is removed and reserved.

[FR Doc. 2013-02765 Filed 2-7-13; 8:45 am]
BILLING CODE 4410-05-P