Title 28 published on 2012-07-01
The following are only the Rules published in the Federal Register after the published date of Title 28.
For a complete list of all Rules, Proposed Rules, and Notices view the Rulemaking tab.
2013-04-23; vol. 78 # 78 - Tuesday, April 23, 2013 78 FR 23835 - Sex Offender Registration Amendments
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COURT SERVICES AND OFFENDER SUPERVISION AGENCY FOR THE DISTRICT OF COLUMBIA Final rule. Effective April 23, 2013. 28 CFR Part 811 Summary The Court Services and Offender Supervision Agency for the District of Columbia (“CSOSA”) is amending its regulations which set forth procedures and requirements relating to periodic verification of registration information for sex offenders. Furthermore, the rule permits CSOSA to verify addresses of sex offenders by conducting home visits on its own accord and with its law enforcement partners. The rule also clarifies the schedule for verifying home addresses, even for those sex offenders who are required to register but are not under CSOSA's supervision.
2013-03-14; vol. 78 # 50 - Thursday, March 14, 2013 78 FR 16138 - Application Procedures and Criteria for Approval of Nonprofit Budget and Credit Counseling Agencies by United States Trustees
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DEPARTMENT OF JUSTICE, Executive Office for United States Trustees (“EOUST”) Final rule. Effective Date: This rule is effective April 15, 2013. 28 CFR Part 58 Summary This final rule (“rule”) sets forth procedures and criteria United States Trustees shall use when determining whether applicants seeking to become and remain approved nonprofit budget and credit counseling agencies (“credit counseling agencies” or “agencies”) satisfy all prerequisites of the United States Code, as implemented under this rule. Under the current law, an individual may not be a debtor under title 11 of the United States Code, unless during the 180-day period preceding the date of filing a bankruptcy petition, the individual receives adequate counseling from a credit counseling agency that is approved by the United States Trustee. The current law enumerates mandatory prerequisites and minimum standards applicants seeking to become approved credit counseling agencies must meet. Under this rule, United States Trustees will approve applicants for inclusion on publicly available agency lists in one or more federal judicial districts if an applicant establishes it meets all the requirements of the United States Code, as implemented under this rule. After obtaining such approval, a credit counseling agency shall be authorized to provide credit counseling in a federal judicial district during the time the agency remains approved. EOUST intends to add to its regulations governing credit counseling agencies, two new provisions not previously included in the proposed rule on this subject. A new section 58.17(c)(11) will require agencies to notify the United States Trustee of certain actions pursuant to 11 U.S.C. 111(g)(2) or other consumer protection statutes, such as an entry of judgment or mediation award, or the agency's entry into a settlement order, consent decree, or assurance of voluntary compliance. The second provision will amend section 58.20(j) to require an agency to assist an individual with limited English proficiency by expeditiously directing the individual to an agency that can provide counseling in the language of the individual's choice. Because these provisions were not discussed in the proposed rule published on February 1, 2008, EOUST will publish another Notice of Proposed Rulemaking requesting public comment with respect to these two provisions.
78 FR 16159 - Application Procedures and Criteria for Approval of Providers of a Personal Financial Management Instructional Course by United States Trustees
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DEPARTMENT OF JUSTICE, Executive Office for United States Trustees (“EOUST”) Final rule. Effective Date: This rule is effective April 15, 2013. 28 CFR Part 58 Summary This final rule (“rule”) sets forth procedures and criteria United States Trustees shall use when determining whether applicants seeking to become and remain approved providers of a personal financial management instructional course (“providers”) satisfy all prerequisites of the United States Code, as implemented under this rule. Under the current law, individual debtors must participate in an instructional course concerning personal financial management (“instructional course” or “debtor education”) before receiving a discharge of debts. The current law enumerates mandatory prerequisites and minimum standards applicants seeking to become approved providers must meet. Under this rule, United States Trustees will approve applicants for inclusion on publicly available provider lists in one or more federal judicial districts if an applicant establishes it meets all the requirements of the United States Code, as implemented under this rule. After obtaining such approval, a provider shall be authorized to provide an instructional course in a federal judicial district during the time the provider remains approved. EOUST intends to add to its regulations governing debtor education providers, two new provisions not previously included in the proposed rule. The first provision will amend section 58.30(c)(5) to require providers to notify the United States Trustee of certain actions pursuant to 11 U.S.C. 111(g)(2) or other consumer protection statutes, such as an entry of judgment or mediation award, or the provider's entry into a settlement order, consent decree, or assurance of voluntary compliance. The second provision will amend section 58.33( i ) to require a provider to assist an individual with limited English proficiency by expeditiously directing the individual to a provider that can provide instruction in the language of the individual's choice. Because these provisions were not discussed in the proposed rule published on November 14, 2008, EOUST will publish another Notice of Proposed Rulemaking requesting public comment with respect to these two provisions.
2013-03-07; vol. 78 # 45 - Thursday, March 7, 2013 78 FR 14669 - Privacy Act of 1974; Implementation
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DEPARTMENT OF JUSTICE, Drug Enforcement Administration Final rule. Effective March 7, 2013. 28 CFR Part 16 Summary The Department of Justice (DOJ or Department), Drug Enforcement Administration (DEA) is issuing a final rule for the recently modified system of records titled “Investigative Reporting and Filing System” (IRFS), JUSTICE/DEA-008. This system, which has already been exempted from particular subsections of the Privacy Act of 1974, is now being exempted further. Information in this system relates to law enforcement and intelligence matters, and for the reasons set forth in the rule these exemptions are necessary to avoid interference with the law enforcement, counterterrorism, and national security functions and responsibilities of the DEA.
2013-02-28; vol. 78 # 40 - Thursday, February 28, 2013 78 FR 13478 - Compassionate Release; Technical Changes
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DEPARTMENT OF JUSTICE, Bureau of Prisons Interim rule. This rule is effective April 1, 2013. 28 CFR Part 571 Summary In this interim rule, the Bureau of Prisons (Bureau) makes a minor change to remove an administrative level of review from the processing of a Compassionate Release request packet.
2013-02-19; vol. 78 # 33 - Tuesday, February 19, 2013 78 FR 11575 - Privacy Act of 1974; Implementation
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DEPARTMENT OF JUSTICE, Federal Bureau of Prisons Final rule. Effective: February 19, 2013. 28 CFR Part 16 Summary The Department of Justice (DOJ or Department), Federal Bureau of Prisons (BOP), is issuing a final rule for the modified system of records notice entitled “Inmate Central Records System” (ICRS) (JUSTICE/BOP-005). This system is being exempted from certain subsections of the Privacy Act of 1974 listed below for the reasons set forth in the following text.
2012-10-09; vol. 77 # 195 - Tuesday, October 9, 2012 77 FR 61275 - Privacy Act of 1974: Implementation
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DEPARTMENT OF JUSTICE, Federal Bureau of Investigation Final rule. Effective Date: October 9, 2012. 28 CFR Part 16 Summary The Department of Justice (DOJ or Department) is issuing a final rule for the new Federal Bureau of Investigation (FBI) Privacy Act system of records titled FBI Data Warehouse System, JUSTICE/FBI-022. This system is being exempted from the subsections of the Privacy Act listed below for the reasons set forth in the following text. Information in this system of records relates to law enforcement matters, and the exemptions are necessary to avoid interference with the national security and criminal law enforcement functions and responsibilities of the FBI.
2012-09-26; vol. 77 # 187 - Wednesday, September 26, 2012 77 FR 59081 - Technical Amendments Due to Change of Agency Name
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COURT SERVICES AND OFFENDER SUPERVISION AGENCY FOR THE DISTRICT OF COLUMBIA Final rule. Effective September 26, 2012. 28 CFR Part 803 Summary The Court Services and Offender Supervision Agency for the District of Columbia (“CSOSA”) is issuing a final rule to change all references to the District of Columbia Pretrial Services Agency (“PSA”), an independent federal agency within CSOSA, to reflect the change of the agency's name to the Pretrial Services Agency for the District of Columbia. Additionally, the description of PSA's seal is being amended. The regulations are also being amended to clearly state that either CSOSA's Director or PSA's Director or designee has the authority to affix the seal for that Director's respective agency. Finally, the regulations are being amended to clearly state that either CSOSA's or PSA's Director or designee may approve the use of the seal. All the changes made in this rule are strictly technical.
2012-09-12; vol. 77 # 177 - Wednesday, September 12, 2012 77 FR 56093 - Consolidation of Seizure and Forfeiture Regulations
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DEPARTMENT OF JUSTICE, Drug Enforcement Administration Final rule. Effective Date: This rule is effective October 12, 2012. 21 CFR Part 1316 Summary Consistent with Executive Order 13563, by this rule the Department of Justice (the Department) revises, consolidates, and updates its regulations regarding the seizure, forfeiture, and remission of assets. The rule recognizes that as of 2002 the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) is now part of the Department, and consolidates the regulations governing the seizure and administrative forfeiture of property by ATF with those of the Drug Enforcement Administration (DEA) and the Federal Bureau of Investigation (FBI). The rule also conforms the seizure and forfeiture regulations of ATF, DEA, FBI, and the Department's Criminal Division to address procedural changes necessitated by the Civil Asset Forfeiture Reform Act (CAFRA) of 2000. The rule allows ATF, DEA, and FBI to publish administrative forfeiture notices on an official Internet government Web site instead of in newspapers. Lastly, the rule updates the regulations to reflect current forfeiture practice and clarifies the existing regulations pertaining to the return of assets to victims through the remission process.
77 FR 56093 - Consolidation of Seizure and Forfeiture Regulations
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DEPARTMENT OF JUSTICE, Drug Enforcement Administration Final rule. Effective Date: This rule is effective October 12, 2012. 21 CFR Part 1316 Summary Consistent with Executive Order 13563, by this rule the Department of Justice (the Department) revises, consolidates, and updates its regulations regarding the seizure, forfeiture, and remission of assets. The rule recognizes that as of 2002 the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) is now part of the Department, and consolidates the regulations governing the seizure and administrative forfeiture of property by ATF with those of the Drug Enforcement Administration (DEA) and the Federal Bureau of Investigation (FBI). The rule also conforms the seizure and forfeiture regulations of ATF, DEA, FBI, and the Department's Criminal Division to address procedural changes necessitated by the Civil Asset Forfeiture Reform Act (CAFRA) of 2000. The rule allows ATF, DEA, and FBI to publish administrative forfeiture notices on an official Internet government Web site instead of in newspapers. Lastly, the rule updates the regulations to reflect current forfeiture practice and clarifies the existing regulations pertaining to the return of assets to victims through the remission process.
2012-08-27; vol. 77 # 166 - Monday, August 27, 2012 77 FR 51698 - Authorization To Seize Property Involved in Drug Offenses for Administrative Forfeiture (2012R-9P)
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DEPARTMENT OF JUSTICE Final rule. This rule is effective February 25, 2013. 28 CFR Part 0 Summary The Department of Justice is amending its regulations to allow the Director of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) to exercise, for a one-year period following the effective date of this rule, the authority to seize and administratively forfeit property involved in controlled substance offenses. Many years of experience have demonstrated that forfeiting the assets of criminals is an essential tool in combating criminal activity and provides law enforcement with the capacity to dismantle criminal organizations that would continue to function after the conviction and incarceration of individual offenders. Moreover, administrative forfeiture permits the expedient and effective use of this crucial law enforcement tool.
