5 September 2001
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[Federal Register: September 5, 2001 (Volume 66, Number 172)]
[Notices]
[Page 46490-46491]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05se01-108]
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UNITED STATES SENTENCING COMMISSION
Sentencing Guidelines for United States Courts
AGENCY: United States Sentencing Commission.
ACTION: Notice of proposed amendments to the Sentencing Commission's
Rules of Practice and Procedure. Request for public comment.
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SUMMARY: This notice sets forth proposed amendments to the Commission's
Rules of Practice and Procedure. The Commission invites public comment
on these proposed amendments.
DATE: Public comment should be received not later than October 5, 2001.
ADDRESSES: Send comments to: United States Sentencing Commission, One
Columbus Circle, NE, Suite 2-500, South Lobby, Washington, DC 20002-
8002, Attention: Public Affairs-Amendment of Rules Comment.
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 now proposes to make amendments to these rules.
Specifically, the proposed amendments clarify various rules pertaining
to public access and generally provide updated information regarding
how the public can contact the Commission. In accordance with Rule 1.2
of its Rules of Practice and Procedure, the Commission hereby invites
the public to provide comment on the proposed amendments.
Authority: 28 U.S.C. 995(a)(1); USSC Rules of Practice and
Procedure 1.2.
Diana E. Murphy,
Chair.
Proposed Amendments: 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 pubaffairs@ussc.gov.''.
Rule 6.2 is amended to read as follows:
[[Page 46491]]
``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/NACJD/home.html.'' and
inserting ``http://www.ICPSR.umich.edu/NACJD/archive.html.''
[FR Doc. 01-22275 Filed 9-4-01; 8:45 am]
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