56444 Federal Register / Vol. 57, No.
230 | Monday, November 30, 1992 / Rules and Regulations
SUPPLEMENTARY INFORMATION:
Background
The nal regulations that are the
subject of these corrections add new
regulations $ 1.707-0 and $$ 1.707-2
through 1.707-9 to the Income Tax
Regulations (26 CFR part 1) under
Section 707(a}(2) of the Internal Revenue
Code.
Need for Correction
As published. the nal regulations
contain errors which may prove to be
misleadng and are in need of
clari cation.
Correction of Publication
Accordingly. the publication of the
nal regulations (TD. 8439), which were
the subject of FR Doc. 92-23728. is
corrected as follows:
$ 1.707-4 (Corrected)
Paragraph 1. On page 44992. column
one, in § 1.707-4. paragraph (a)(3)ii).
last line of that column. the language
"percent of the highest applicable
deral" is corrected to read "'percent of
the highest applicable Federal".
Par. 2. On page 44082, column two, in
$ 1.707-4. paragraph fa[4). paragraph (6)
of Exanple 1, third line from the bottom
of the patagraph. the language
"applicahle federal rate in effect at the
time of" is corrected to read "applicable
Federa! rate in effect at the time of'
Par. 3. On page 44982, column 3, in
$ 1.707-4. paragraph (a)[). paragraph
(1) of Example 2. third line from the
bottom of the paragraph. the language
"federa! rate in effect at the time the" is
corrected to read "Federal rate in effect
at the time the.
Dile D.Goode,
Fderal Register l.iison Offcer. AssIstant
Chet Counsel{Corporate}.
|FR Doc. 92-28354 Filed 11-27-92: 8:45 am]
BILLING CODE 4830-01-M
CEPARTMENT OF JUSTICE
Of ce of the Atorney General
26 CFR Part 64
[AG Order No. 1636-92)
Designation of Ot cers and
Empioyees of the United States for
Coverage Under Section 1114 of Title
18 of the United States Code
AGENCY: Department of Justice.
ACTION: Interim rule with request for
Comments.
SUMMARY: Part 64 of title 28, Code of
Federal Regulations, designates
catrgories of federal of cers and
employees who. in addition to those
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already designated by statute, warrant
the protective coverage of federal
criminal law. This designation confers
federal jurisdiction to prosecute the
killing. attempted killing. kidnaping.
forcible assault, intimidation or
interference with any of the federal
of cers or employees designated by this
regulation while they are engaged in or
on account of the performance of their
of cıal duties. This order adds to the list
of covered federal of cers and
enplovees certain specifsed personnel.
The order also makes various technical
changes and reartanges the various
designated of ciais in a more logical
sequence. In addition, dupiicative
designations have been deleted.
pATES: This interim rule is effective
November 30, 1992. Written comments
must be submitted on or before
December 30. 1992.
ADDRESSES:Please submit written
comments to: Mary Incontro. Deputy
Chief. or Stephen M. Weglian. Attorney.
Terrorism and Violent Crime Section.
Crinınal Division. D-partment of
justice. room 2515, 10th and Constitution
Avenue, NW.. Washington, DC 20530.
FOR FURTHER INFORMATION CONTACT:
Mary Incontro, Deputy Chief. or Stephen
M. Wegiian. Attorney. Terrorism and
Violent Crime Section, Criminal
Division, Department of ustice.
Washıngton, DC 20530, telephone (202)
514-08-49.
SUPPLEMENTARY INFORMATION: Pa:t K of
chapter X of the Comprehensive Crime
Control Act of 1964, Public Law 98473.
tit. I1. § 1012, 98 Stat. 1976, 2142 (1984).
amended 18 U.S.C. 1114, which prohibıts
the kitling of designated federal
employees, to authorize the Attorney
Genera! to add by regulataon other
federal personnel who will be protected
by this section The categories of federal
of cers and employees covered by
section 1114 are also protected. whiie
engaged in or on account of the
performance of their of cial duties, from
a conspiracy to kill. 18 USC. 1117:
kidnaping. 18 U.S.C. 1201(a(5): forcible
assault. interference, or intimidation. 18
U.SC. 111; and threat of assault. kidnap
or murder with intent to impede.
intimida te, or retaliate against such
of cer or employee, 18 U.S.C. 115.
In order to implement this legislation
initially. the Department conducted a
survey of all federal agencies to
determine which federal empleyees.
other than those already isted in 18
U.S.C. 1114. should be protected under
the statute. The result of this survey was
the promulgation of Attorney General
Order No. 177-87, 52 FR 4767. February
17. 1987, cre ating 28 CFR part 6H. Section
64.1 states the purpose of the regulation.
Section 64.2 originally listed 21
categories of federal employees who
were considered appropriate for
coverage under section 1114 and the
other stalutory provisions. Consistent
with the purpose and legisiative history
of section 1114, these categories of
federal employees were selected
because their jobs involve inspection.
investigative or other law enforcement
responsibility or their work involves a
substantial degree of physical danger
from the public that may not be
adequately addressed by available state
or local law enforcement resources. Part
64 has been amended three times to add
additional categories of personnel
(Attorney General Order No. 1326-69, 54
FR 9043. March 3, 1989, Attorney
General Order No. 1394-90, 55 FR 3945.
February 6. 1990; Attorney General
Order No. 1508-91. 56 FR 32327. July 16,
1991).
Personnel of the Of ce of inspector
General of a "designated Federal
entity." as de ned by section 8E of the
Inspector General Act of 1978. 5 U.S.C.
app. 3 section 8E, and of the Merit
Systems Protection Board and the
Selective Service System have similar
statutory responsibilities, duties, and
authorities as Inspector General
personnel in the agencies already
covered by the regulation. Agencies
include as a "designated Federal entity.
which are not presentiy covered under
the regulation, are ACTION, Amtrak, the
Appalachian Regional Commission, the
Board of Governors of the Federal
Reserve System. the Board for
International Broadcasting. the
Commodity Futures Trading
Commission, the Consumer Product
Safety Commission, the Corporation for
Public Broadcasting. the Equal
Employment Opportunity Commission.
the Farm Credit Administration. the
Federal Communications Commission.
the Federal Deposit Insurance
Corporation, the Federal Election
Commission, the Federal Housing
Finance Board, the Federal Labor
Relations Authority, the Federal
Maritime Commission, the Federal
Trade Commission, the Interstate
Commerce Commission, the Legal
Services Corporation, the Nationa!
Archives and Records Administration,
the National Credit Union
Administration, the National
Endowment for the Arts, the National
Endowment for the Humanities, the
National Labor Relations Board. the
National Science Foundation, the
Panama Canal Commission, the Peace
Corps. the Pension Bene t Guaranty
Corporation, the Securities and
Exchange Commission, the Smithsonian
 Federal Register Vol. 57, No. 230 / Monday. Nov
Institution, the United Sjates
International Trade Commission, and
the United States Postal Service.
Accordingly. Inspector General
personnel at these federal entities have
been added by revised paragraph (h).
Speci c references to Of ces of
Inspector General of the Tennessee
Valley Authority. the Federal
Emergency Management Agency. the
United States Information Agency. and
the Departments of Energy. Health and
Human Services, the Treasury and
Justice have been deleted. since the
Tennessee Valley Authority is a
"designated Federal entity." while the
remainder are "establishments" as
de ned by section 11 of the Inspector
General Act of 1978. as amended. 5
U.S.C. app. 3 section 11.
Attorneys. accountants, investigators,
administrative judges and other
employees of the U.S. Securities and
Exchange Commission carry out the
civil and criminal enforcement of federal
securities laws. There have been several
recent threats of physical violence
against such employees in connection
with their investigation of potential
securities law violations. Accordingly.
the Commission's law enforcement
personnel have been added by
paragraph (w).
The biologists and technicians of the
U.S. Fish and Wildlife Service are
involved in a long-term federal/state
effort to control sea lamprey in the
Great Lakes and the Lake Champlain
Basin. Individuals attempting to block
the sea lamprey project have in the past
physically attacked state personnel and
sabotaged and vandalized state
property invołved in the similar projects.
Accordingly. these U.s. Fish and
Wildlife Service personnel have been
added by paragraph (q).
Of cers and employees of the Federal
Aviation Administration, the Federal
Highway Administration. the Federal
Railroad Administration, the National
Highway Traf c Safety Administration,
the Research and Special Programs
Administration. and the Saint Lawrence
Seaway Development Corporation who
are assigned to perform or assist in
performing investigative, inspection or
law enforcement functions on behalf of
the Department of Transportation are
frequently required to enter private
propertypursuantto variousfederal
Safetv and environmPnia SIaMp
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Trustees and Assistant Uni
Trustees (see 28 U.S.C. 581-
created a number of additic
Department of Justiceof c
because of their putblic of
potentially exposed to viol
fact, a threat of physical vi
against personnel in an of
United States Trustee was
fall of 1991.Because the at
working for the United Stat
System are protected by 28
in their capacity as attorne
Department of Justice, it is
that their supervisors, who
same law enforcement resp
and are subject to even gre
exposure. be provided the :
protection. The bankruptcy
other of cers and employe
United States Trustee Syste
contact with creditors and
perform audit functions, or
other investigative or enfor
functions in administering
bankruptcy laws have simi
to the public and, hence, ar
deserving of protection. Ac
these of cials. of cers and
the United States Trustee S
been added by paragraph (
In addition, the seconds
$ 64.1 has been replaced by
sentences to re ect that the
of cers and employees anc
their immediate families ar
protected by the provisions
115.
The Department of Justic
implementation of this rule
rule. with provisions for po
promulgation publiccomm
upon the "good cause" exc
at 5 U.S.C. 553{d). Immedia
of this order is necessary te
protection to those federal
designated by this order.
The Department of Justic
determined that this order
rule for purposes of E.O. 12
order will not have a subst
on a signi cant number of
thus a regulatory exibility
not been prepared pursuan
Regulatory Flexibility Act.
et seq. Finally, this order d
Federalism implications w:
preparation of a Federalisr
in accordance with E.0. 12
 Federal Register | Vol. 57, No. 230 /
Institution. the United Sjates
International Trade Commission, and
the United States Postal Service
Accordingly. Inspector General
personnel at these federal entities have
been added by revised paragraph (h).
Speci c references to Of ces of
Inspector General of the Tennessee
Valey Authority. the Federal
Emergency Management Agency. the
United States Information Agency. and
the Departments of Energy. Health and
Human Services. the Treasury and
Justice have been deleted. since the
Tennessee Valley Authority is a
"designatedFederalentit h:le the
remainderareestabisnments s
de ned by section 11 of the Inspector
General Act of 1978. as amended. 5
U.S.C. app. 3 section 11.
Attorneys. accountants, investigators,
administrative judges and other
employees of the U.S. Securities and
Exchange Commission carry out the
civil and criminal enforcement of federal
securities laws. There have been several
recent threats of physical violence
against such employees in connection
with their investigation of potentiai
securities law violations. Accordıngly.
the Commission's law enforcement
personnel have been added by
paragraph (w).
The biologists and technicians of the
U.S. Fish and Wildlife Service are
involved in a long-term federal/state
effort to control sea lamprey in the
Great Lakes and the Lake Champlain
Basin. Individuals attempting to block
he sea lamprey project have in the past
physically attacked state personnel and
sabotaged and vandalized state
property involved in the similar projects.
Accordingly, these U.S. Fish and
Wildlife Service personnel have been
added by paragraph (q).
Of cers and emplovees of the Federal
Aviation Administration, the Federal
Highway Administration. the Federal
Railroad Administraticn, the National
Highway Traf c Safety Administration,
the Research and Special Programs
Administration, and the Saint Lawrence
Seaway Development Corporation who
are assigned to perform or assist in
performing investigative. inspection or
law enforcement functions on behalf of
the Department of Transportation are
frequently required to enter private
property pursuant to various federal
safety and environmental statutes. In
recent years. these Department of
Transportation of cers and employees
have been threatened and assaulted
while conducting their safety
inspections. Accordingly. they have
been added by paragraph (z).
Finally, the establishment by statute
of the positions of United States
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Monday, November 30, 1992 / Rules and
Trustees and Assistant United States
Trustees (see 28 U.S.C. 581-589a) has
created a number of additional
Department of Justice of cials who.
because of their public of ce, are
potentially exposed to violent attack. In
fact, a threat of physical violence
against personnel in an of ce of a
United States Trustee was made in the
fall of 1991, Because the attornevs
working for the United States Trustee
System are protected by 28 CFR 64.2(c).
in their capacity as attorneys of the
Department of Jus!ice, it is appropriate
that their supervisors. who have the
same law enforcement responsibilities
and are subject to even greater public
exposure. be provided the same
protection. The bankruptcy analysts and
other of cers and employees of the
United States Trustee System who have
contact with creditors and debtors.
performn audit functions, or perform
other investigative or enforcement
functions in administering the
bankruptcy laws have similar exposure
to the public and. hence, are also
deserving of protection. Accordingly.
these of cials. of cers and empiovees of
the United States Trustee System have
been added by paragraph (g).
In addition, the second sentence of
$ 64.1 has been replaced by two new
sentences to re ect that the designated
of cers and employees and members of
their immediate families are also
protected by the provisions of 18 U sC.
115
1he Department of Justice's
mpiementatton of this ruie as an interim
rule, with provisions for post-
promulgation public comment, is based
upon the "good cause" exception found
at 5 U.S.C 553{d). Immediate application
of this order is necessary to provide
protection to those federal of cials
designated by this order.
The Department of Justice has
determined that this order is not a major
rule for purposes of E.0. 12291. This
order will not have a substantial impact
on a signi cant number of small entities,
thus a regulatory exibility analysis has
not been prepared pursuant to the
Regulatory Flexitbility Act. 5 U.S.C. 601.
et seq. Finally. this order does not have
Federalism ímplications warranting the
preparationof a FederalismAssessment
in accordance with E.0. 12612.
List of Subjects in 28 CFR Part 64
Crime. Government employees. Law
enforcement of cers.
By virtue of the authority vested in me
by 28 U.S.C. 509, 5 U.S.C. 301. and 18
U.S.C. 1114. part 64 of chapter I of title
28. Code of Federal Regulations, is
hereby amended as follows:
Regulations S6445
PART 64-DESIGNATION OF
OFFICERS AND EMPLOYEES OF THE
UNITED STATES FOR COVERAGE
UNDER SECTION 1114 OF TITLE 18 OF
THE U.S. CODE
1. The authority citation for part 64
continues to read as follows:
Authority: 18 USC. 1114. 28USC 59, 5
USC 301.
2. Section 64.1 is revised to read as
follows:
664.1 Purpose.
This regulation designates categories
of federal of cers and enployees in
addition to those who are aiready
designated by the statute. who will be
within the protective coverage of 18
U.S.C. 1114, which prohibits the killing
or attempted killing of such designated
of cers and employees. The categories
of federal of cers and employees
covered by section 1114 are also
protected. while they are engaged in or
on account of the performance of their
of cial duties, from a conspiracy to kıll.
18 US.C. 1117: kidnaping. 18 USC. 1201
a)(5): forcible assault, intimidation. or
interference, 18 U.S.C. 111: and threat of
assault. kidnap or murder with intent to
impede, intimidate. or retaliate against
such of cer or employee. 18 U.s.c.
115al(1)B). In addition, the immediate
family members of such of cers and
employees are protected against assauit.
kidnap. murder. attempt to kidnap or
murder. and threat to assault. kidnap. or
murder with intent to impede.
intimidate, or retaliate against such
of cer or employee, 18 U.S.C.
115(a)(1)(A), This protective coverage
has been extended to those Federal
offscers and employees whose jobs
involve inspection, investigative or law
enforcement responsibilities, or whose
work involves a substantial degree of
physical danger from the public that
may not be adequately addressed by
available state or local law enforcement
resources
3. Section 64.2 is revised to read es
follows:
$ 64.2 Designated of cers and empioyees.
The following categories of Federal
of cers and employees are designated
for coverage under section 1114 of title
18 of the U.S. Code:
(a) Judges and special trial judges of
the U.S. Tax Court:
(b) Commissioners and employ ees of
the U.S. Parole Commission:
(c) Attorneys of the Department of
Justice:
(d) Resettlement specialists and
conciliators of the Community Relations
Service of the Department of ustice:
 Federal Register|
Institution, the United Sjates
International Trade Commission, and
the United States Postal Service
Accordingly. Inspector General
personnel at these federal entities have
been added by revised paragraph (h).
Speci c references to Of ces of
Inspector General of the Tennessee
Valley Authority. the Federal
Emergency Management Agency. the
United States Information Agency. and
the Departments of Energv, Health and
Human Services, the Treasury and
Justice have been deleted. since the
Tennessee Valley Authority is a
*"esionated Fedetal entity."while
whiie the
a1ndor
ae are"establishmentsas
de ned by section 11 of the Inspector
General Act of 1978. as amended. 5
U.SC. app. 3 section 11.
Attorneys. accountants, investigators, United States Trustee System who have
administrative judges and other
employees of the US. Securities and
Exchange Commission carry out the
civil and criminal enforcement of federal functions in administering the
securities laws. There have been several bank ptcy laws have similar exposure
recent threats of physical violence
against such employees in connection
with their investigation of potential
securities law violations. Accordıngly.
the Commission's law enforcement
personnel have been added by
paragraph (w).
The biologists and technicians of the
U.S. Fish and Wildlife Service are
involved in a long-term federal/state
effort to control sea lamprey in the
Great Lakes and the Lake Champlain
Basin. Individuals attempting to block
the sea lamprey project have in the past
physically attacked state personnel and Implementation of this rule as an interim
sabotaged and vandalized state
propery involved in the similarproiects. promulgation public comment, is based
Accordingly. these U.S. Fish and
Wildife Service personnel have been
added by paragraph (q).
Of cers and emplovees of the Federal protection to those federal of cials
Aviation Administration, the Federal
Highway Administration. the Federal
Railroad Administraticn, the National
Highway Traf c Safety Administration.
the Research and Special Programs
Administration. and the Saint Lawrence on a signi cant number of small entities.
Seaway Development Corporation who
are assigned to perform or asSist in
performing investigative. inspection or
law enforcement functions on behalf of
the Department of Transportation are
frequently required to enter private
property pursuant to various federal
safety and environmental statutes. In
recent years. these Department of
Transportation of cers and employees
have been threatened and assaulted
while conducting their safety
inspections. Accordingly. they have
been added by paragraph (z).
Finally, the establishment by statute
of the positions of United States
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Vol. 57, No. 230 / Monday, November 30, 1992 / Rules and
Trustees and Assistant United States
Trustees (see 28 U.S.C. 581-589a) has
createda number of additional
Department of Justice of cials who.
because of their public of ce, are
potentially exposed to violent attack. In
fact, a threat of physical violence
against personnel in an of ce of a
United States Trustee was made in the
fall of 1991. Because the attornevs
working for the United States Trustee
System are protected by 28 CFR 64.2(c).
in their capacity as attorneys of the
Department of Justhce, it is appropriale
that their supervisors. who have the
same law enforcement responsibilities
and are subject to even greater pubiic
exposure. be provided the same
protection. The bankruptcy analysts and
other of cers and employees of the
contact with creditors and debtors,
perform audit functions, or perform
other investigative or enforcement
to the public and., hence, are also
deserving of protection. Accordinglv.
these of cials. of cers and empioyees of (a)(5): forcible assault, intimidation. or
the United States Trustee System have
been added by paragraph (g).
In addition, the second sentence of
$ 64.1 has been replaced by two new
sentences to re ect that the designated
of cers and employees and members of
their immediate families are also
protected by the provisions of 18 USC.
115
The Department of Justice's
rule, with provisions for post-
upon the "good cause" exception found
at 5 U.S.C. 553{d). Immediate application
of this order is necessary to provide
designated by this order.
The Department of Justice has
determined that this order is not a major
rule for purposes of E.O.12291. This
order will not have a substantial impact
thus a regulatory exibility analysis has
not been prepared pursuant to the
Regulatory Flexibility Act. 5 U.S.C. 601.
et seq. Finally. this order does not have
Federalism implications warranting the
preparationof aFederalismAssessment for coverage under section 1114 of title
in accordance with E.0. 12612.
List of Subjects in 28 CFR Part 64
Crime. Government employees. Law
enforcement of cers.
By virtue of the authority vested in me
by 28 U.S.C. 509, 5 U.S.C. 301. and 18
U.S.C. 1114. part 64 of chapter I of title
28, Code of Federal Regulations, is
hereby amended as follows:
Regulations 56445
PART 64-DESIGNATION OF
OFFICERS AND EMPLOYEES OF THE
UNITED STATES FOR COVERAGE
UNDER SECTION 1114 OF TITLE 18 OF
THE U.S. CODE
1. The authority citation for part 64
continues to read as followS:
Authority: 18 USC. 1114. 28US.C. 59, 5
LSC 301.
2. Section 64.1 is revised to read as
follow s:
$64.1 Purpose.
This regulation designates categories
of federal of cers and enployees in
addition to those who are aiready
designated by the statute. who wi!l be
within the protective coverage of 18
USC. 1114, which prohibits the killing
or attempted killing of such designated
of cers and employees. The categories
of federal of cers and enployees
covered by section 1114 are also
protected. while they are engaged in or
on account of the performance of their
of cial duties, from a conspiracy to kill.
18 U.S.C. 1117: kidnaping. 18 U.S.C. 1201
interference, 18 U.S.C. 111: and threat o
assault. kidnap or murder with intent to
impede, intimidate. or retaliate against
Such of cer or emplovee, 18 Us.C.
115(a)(1)|B). In addition, the immediate
family members of such o cers and
employees are protected against assauit.
kidnap. murder. attempt to kidnap or
murder, and threat to assault, kidnap. or
murder with intent to impede.
intimidate, or retaliate against such
of cer or employee, 18 U.S.C.
115(a)(1)(A). This protective coverage
has been extended to those Federal
of cers and employees whose jobs
involve inspection. investigative or law
enforcement responsibilities, or whose
work involves a substantial degree of
physical danger from the public that
may not be adequately addressed by
availabie state or local law enforcement
resources.
3. Section 64.2 is revised to read es
follows:
$ 64.2 Designated ot cers and empioyees.
The following categories of Federal
of cers and employees are designated
18 of the U.S. Code:
(a) Judges and special trial judges of
the U.S. Tax Court:
(b) Commissioners and employees of
the U.S. Parole Commission;
(c) Attorneys of the Department of
Justice:
(d) Resettlement specialists and
conciliators of the Community Relations
Service of the Department of Justice:
 Federal Register / Vol. 57, No. 230 / Monday,
Institution, the United Sates
International Trade Commission, and
the United States Postal Service.
Accordingly. Inspector General
ersonnelat these federal entities have
been added by revised paragraph (h).
Speci c references to Of ces of
Inspector General of the Tennessee
Valley Authority. the Federal
Emergency Management Agency. the
United States Information Agency. and
the Departments of Energv. Heaith and
Human Services, the Treasury and
Justice have been deleted. since the
Tennessee Valley Authority is a
"designated Federal entity." while the
remainder are "'establishments" as
de ned by section 11 of the Inspector
General Act of 1978. as amended. 5
U.SC. app. 3 section 11.
Attorneys. accountants. investigators,
administrative judges and other
empiovees of the US. Securities and
Exchange Commission carry out the
civil and criminal enforcement of federal
securities laws. There have been several
recent threats of physical violence
against such employees in connection
with their investigation of potential
securities law violations. Accordingly.
the Commission's law enforcement
personnel have been added by
paragraph (w).
The biologists and technicians of the
U.S. Fish and Wildlife Service are
involved in a long-term federal/state
effort to control sea lamprey in the
Great Lakes and the Lake Champlain
Basin. Individuals attempting to block
the sea lamprey project have in the past
physically attacked state personnel and
sabotaged and vandalized state
property involved in the similar projects.
Accordingly, these U.S. Fish and
Wildıfe Service personnel have been
added by paragraph (q). of this order isnecessaryto proit
Of cers and emplovees of the Federal protection to those federal of cials
Aviation Administration, the Federal
ghway Administration. the Federal
Railroad Administration, the National
Traf c SafetyAdministration.
the Research and Special Programs
Administration, and the Saint Lawrence
Seaway Development Corporation who
are assigned to perform or assist in
performing investigative. inspection or
law enforcement functions on behalf of
the Department of Transportation are
frequentiy required to enter private
property pursuant to various federal
safety and environmental statutes. In
recent years. these Department of
Transportation of cers and employees
have been threatened and assaulted
while conducting their safety
inspections. Accordingly. they have
been added by paragraph (z).
Finally, the establishment by statute
of the positions of United States
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fi
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fi
fi
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fi
November 30, 1992 / Rules and Regulations
Trustees and Assistant United States
Trustees (see 28 U.S.C. 581-589a) has
created a number of additional
Department of Justice of cials who.
because of their public of ce, are
potentialy exposed to violent attack. In
fact, a threat of physical violence
aguinst personnel in an of ce of a
United States Trustee was made in the
fall of 1991. Because the attorneys
working for the United States Trustee
System are protected by 28 CFR 64.2(c).
in their capacity as attorneys of the
Department of Justice, it is appropriate
that their supervisors. who have the
same law enforcement responsibilities
and are subject to even greater public
exposure. be provided the same
protection. The barkruptcy analysts and
other of cers and employees of the
United States Trustee System who have
contact with creditors and debtors,
perforn audit functions., or perform
other investigative or enforcement
functions in administering the
bankruptcy laws have similar exposure
to the public and. hente, are also
deserving of protection. Accordingly.
these of cials. of cers and empioyees of
the United States Trustee System have
been added by paragraph (s}.
In addition, the second sentence of
$ 64.1 has been replaced by two new
sentences to re ect that the designated
of cers and employees and members of
their immediate families are also
protected by the provisions of 18 U S.C.
i15.
The Department of fustice's
implementation of this rule as an interim
le wthnrovisionsfo
promulgation
promuigation public P
public comment, is based
comment. 1s based
Ette se Cepionound
5 U.S.C. 553{d). Immediate application
designated by this order.
The Department of Justice has
determined that this order is not a major
rule for purposes of E0. 12291. This
order will not have a substantial impact
on a signi cant number of small entities.
thus a regulatory exibility analysis has
not been prepared pursuant to the
Regulatory Flexibility Act, 5 US.C. 601.
et seq. Finally. this order does not have
Federalism implications warranting the
preparation of a FederalismAssessment
in accordance with E.0. 12612.
List of Subjects in 28 CFR Part 64
Crime. Government employees. Law
enforcement of cers.
By virtue of the authority vested in me
by 28 U.S.C. 509, 5 U.S.C. 301, and 18
U.S.C. 1114. part 64 of chapter I of title
28, Code of Federal Regulations, is
hereby amended as follows:
56445
PART 64-DESIGNATION OF
OFFICERS AND EMPLOYEES OF THE
UNITED STATES FOR COVERAGE
UNDER SECTION 1114 OF TITLE 18 OF
THE U.S. CODE
1. The authority citation for part 64
continues to read as follows:
Authority: 18 USC. 1114. 28 USC. 5o9, 5
USC. 301
2. Section 64.1 is revised to read as
follows:
$ 64.1 Purpose.
This regulation designates categories
of federal of cers and enployees in
addition to those who are already
designated by the statute. who will be
within the protective coverage of 18
USC. 1114, which prohibits the killing
or attempted killing of such designated
of cers and employees. The categoties
of federal of cers and employees
covered by section 1114 are also
protected. while they are engaged in or
on account of the performance of their
of cial duties, from a conspiracy to kill.
18 U.S.C. 1117: kidnaping. 18 U.ŠC. 1201
(a)5): forcible assault, intimidation. or
interference. 18 U.S.C. 111: and threat of
assault, kidnap or murder with intent to
impede. intimidate. or retaliate against
Such of cer or emplovee, 18 U.S.C.
115{a)(1)B). In addition, the immediate
family members of such of cers and
employees are protected against assauit,.
kidnap. murder, attempt to kidnap or
murder. and threat to assault, kidnap. or
murder with intent to impede,
intimidate, or retaliate against such
of cer or employee, 18 U.S.C.
115(a)(1)(A). This protective coverage
has been extended to those Federal
of cers and employees whose jobs
involve inspection. investigative or law
enforcement responsibilities, or whose
work involves a substantial degree of
physical danger from the public that
may not be adequately addressed by
available state or local laW enforcement
resources.
3. Section 64.2 is revised to read es
follows:
$64.2 Designated o cers and employees.
The following categories of Federal
of cers and employees are designated
for coverage under section 1114 of title
18 of the U.S. Code:
(a) Judges and special trial judges of
the U.S. Tax Court:
(b) Commissioners and employees of
the U.S. Parole Commission;
(c) Attorneys of the Department of
Justice:
(d) Resettlement specialists and
conciliators of the Community Relations
Service of the Department of Justice:
 Federal Register / Vol. 57, No. 230 / Monday,
Institution, the United Sates
International Trade Commission, and
the United States Postal Service.
Accordingly. Inspector General
ersonnelat these federal entities have
been added by revised paragraph (h).
Speci c references to Of ces of
Inspector General of the Tennessee
Valley Authority. the Federal
Emergency Management Agency. the
United States Information Agency. and
the Departments of Energv. Heaith and
Human Services, the Treasury and
Justice have been deleted. since the
Tennessee Valley Authority is a
"designated Federal entity." while the
remainder are "'establishments" as
de ned by section 11 of the Inspector
General Act of 1978. as amended. 5
U.SC. app. 3 section 11.
Attorneys. accountants. investigators,
administrative judges and other
empiovees of the US. Securities and
Exchange Commission carry out the
civil and criminal enforcement of federal
securities laws. There have been several
recent threats of physical violence
against such employees in connection
with their investigation of potential
securities law violations. Accordingly.
the Commission's law enforcement
personnel have been added by
paragraph (w).
The biologists and technicians of the
U.S. Fish and Wildlife Service are
involved in a long-term federal/state
effort to control sea lamprey in the
Great Lakes and the Lake Champlain
Basin. Individuals attempting to block
the sea lamprey project have in the past
physically attacked state personnel and
sabotaged and vandalized state
property involved in the similar projects.
Accordingly, these U.S. Fish and
Wildıfe Service personnel have been
added by paragraph (q). of this order isnecessaryto proit
Of cers and emplovees of the Federal protection to those federal of cials
Aviation Administration, the Federal
ghway Administration. the Federal
Railroad Administration, the National
Traf c SafetyAdministration.
the Research and Special Programs
Administration, and the Saint Lawrence
Seaway Development Corporation who
are assigned to perform or assist in
performing investigative. inspection or
law enforcement functions on behalf of
the Department of Transportation are
frequentiy required to enter private
property pursuant to various federal
safety and environmental statutes. In
recent years. these Department of
Transportation of cers and employees
have been threatened and assaulted
while conducting their safety
inspections. Accordingly. they have
been added by paragraph (z).
Finally, the establishment by statute
of the positions of United States
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November 30, 1992 / Rules and Regulations
Trustees and Assistant United States
Trustees (see 28 U.S.C. 581-589a) has
created a number of additional
Department of Justice of cials who.
because of their public of ce, are
potentialy exposed to violent attack. In
fact, a threat of physical violence
aguinst personnel in an of ce of a
United States Trustee was made in the
fall of 1991. Because the attorneys
working for the United States Trustee
System are protected by 28 CFR 64.2(c).
in their capacity as attorneys of the
Department of Justice, it is appropriate
that their supervisors. who have the
same law enforcement responsibilities
and are subject to even greater public
exposure. be provided the same
protection. The barkruptcy analysts and
other of cers and employees of the
United States Trustee System who have
contact with creditors and debtors,
perforn audit functions., or perform
other investigative or enforcement
functions in administering the
bankruptcy laws have similar exposure
to the public and. hente, are also
deserving of protection. Accordingly.
these of cials. of cers and empioyees of
the United States Trustee System have
been added by paragraph (s}.
In addition, the second sentence of
$ 64.1 has been replaced by two new
sentences to re ect that the designated
of cers and employees and members of
their immediate families are also
protected by the provisions of 18 U S.C.
i15.
The Department of fustice's
implementation of this rule as an interim
le wthnrovisionsfo
promulgation
promuigation public P
public comment, is based
comment. 1s based
Ette se Cepionound
5 U.S.C. 553{d). Immediate application
designated by this order.
The Department of Justice has
determined that this order is not a major
rule for purposes of E0. 12291. This
order will not have a substantial impact
on a signi cant number of small entities.
thus a regulatory exibility analysis has
not been prepared pursuant to the
Regulatory Flexibility Act, 5 US.C. 601.
et seq. Finally. this order does not have
Federalism implications warranting the
preparation of a FederalismAssessment
in accordance with E.0. 12612.
List of Subjects in 28 CFR Part 64
Crime. Government employees. Law
enforcement of cers.
By virtue of the authority vested in me
by 28 U.S.C. 509, 5 U.S.C. 301, and 18
U.S.C. 1114. part 64 of chapter I of title
28, Code of Federal Regulations, is
hereby amended as follows:
56445
PART 64-DESIGNATION OF
OFFICERS AND EMPLOYEES OF THE
UNITED STATES FOR COVERAGE
UNDER SECTION 1114 OF TITLE 18 OF
THE U.S. CODE
1. The authority citation for part 64
continues to read as follows:
Authority: 18 USC. 1114. 28 USC. 5o9, 5
USC. 301
2. Section 64.1 is revised to read as
follows:
$ 64.1 Purpose.
This regulation designates categories
of federal of cers and enployees in
addition to those who are already
designated by the statute. who will be
within the protective coverage of 18
USC. 1114, which prohibits the killing
or attempted killing of such designated
of cers and employees. The categoties
of federal of cers and employees
covered by section 1114 are also
protected. while they are engaged in or
on account of the performance of their
of cial duties, from a conspiracy to kill.
18 U.S.C. 1117: kidnaping. 18 U.ŠC. 1201
(a)5): forcible assault, intimidation. or
interference. 18 U.S.C. 111: and threat of
assault, kidnap or murder with intent to
impede. intimidate. or retaliate against
Such of cer or emplovee, 18 U.S.C.
115{a)(1)B). In addition, the immediate
family members of such of cers and
employees are protected against assauit,.
kidnap. murder, attempt to kidnap or
murder. and threat to assault, kidnap. or
murder with intent to impede,
intimidate, or retaliate against such
of cer or employee, 18 U.S.C.
115(a)(1)(A). This protective coverage
has been extended to those Federal
of cers and employees whose jobs
involve inspection. investigative or law
enforcement responsibilities, or whose
work involves a substantial degree of
physical danger from the public that
may not be adequately addressed by
available state or local laW enforcement
resources.
3. Section 64.2 is revised to read es
follows:
$64.2 Designated o cers and employees.
The following categories of Federal
of cers and employees are designated
for coverage under section 1114 of title
18 of the U.S. Code:
(a) Judges and special trial judges of
the U.S. Tax Court:
(b) Commissioners and employees of
the U.S. Parole Commission;
(c) Attorneys of the Department of
Justice:
(d) Resettlement specialists and
conciliators of the Community Relations
Service of the Department of Justice:
 56446 Federal Register | Vol. 57, No. 230 / Monday. November 30, 1992 / Rules and Regulations

(e) Of cers and empioyees of the
Bureau of Prisons:
(h) Criminal investigators empioyed by
the U.S. Attorney's Of ce: and
employees of the U.S. Attorney's O ce
assigned to perform debt collection
functions;
(&) U.S. Trustees and Assistant U.S.
Trustees, bankruptcy analysts and other
of cers and empioyees of the US.
Trustee System who have contact with
creditors end debtors. perform eudit
isve
functions, or perform other investigative
or enforcement functions in
administering the bankruptcy laws;
(h) Attormeys and employees assigned
to perfom or to assist in performing
investigative, inspection or aucit
functions of the Of ce of fnspector
General of an "estabhshment" or a
"designated Pederal entity" as those
terms aze de ned by sections 12 and 8E,
respectively, of the Inspector General
Act of 1978, as amended. 5 U.S.C. app. 3
Sections 11 and 82. and of the Of ces of
Inspector General of the U.S.
Government Printing Of ce. the Merit
Svstems Protection Board, and the
Seiective Service System.
(p) Employees of ihe Department of
Agricuiture at theState, district or
unty levei assigned to perform loan
making. loan servicing or loan collecting
functions
(i) Of cers and empioyees of the
Bureau of Alcohol, Tobacco and
Firearms assigned to perform or to assist
in performing investigative, inspection
or law enforcement functions:
(k) ederal ar marshals of the Federal
Aviation Administration;
() EmployeesoftheBureauofCensus
employed in feld work conducting
censuses and surveys;
(n) Employees end members of the
US. military services and employees of
the Department of Defense who:
(1) Are military police of cers,
(2) Have been assigned to guard and
protect property of the United States, or
persons, under the administration and
control of a U.S. military service or the
Department of Defense, or
(3) iave otherwise been assigned to
perform investigative, correction or
other law enforcement functions:
(n) The Director. Deputy Director for
Supply Reduction, Deputy Director for
Demand Reduction, Associate Director
for State and Local Affairs, and Chief of
Staff of the Of ce of National Drug
Control Policy:,
(o) Of cers and employees of the
Department of Energy authorized to
carry rearms in the performance of
investigative, inspection. protective or
law enforcement functions:
(p) Of cers and empioyees of the U.S.
Environmental Protection Agency
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assigned to perform or to assist in
performing investigative, inspection or
law enforcement functions:
(g) Biologists and technicians of the
Us. Fish and Wildlile Service who are
participating in sea lamprey control
operations:
() Uniformedandnonuniformed
special police of the General Services
Administration; and of cers and
empłoyees of the General Services
Administration assigned to inspect
property in the process of its acquisition
by or on beha!f of the U.S. Government:
() SpecialAgents of theSecurity
Of ce of the U.S. Information Agency:
() Employeesoftheregiona.,
subregional and resident of oes of the
National Labor Relations Board
aSsigned to perform investigative and
heang functions or to supervise the
performance of such functions; and
Buditors and Security Specialists of the
pivision of Adninistration ofthe
Uvisc
National Labor RelationsBoard
(u) Of cers andemplovees of the Us
Nuclear Regulatory Commission:
(1) Assigned to perform or to assist in
performing investigative, inspection or
Jaw enforcement functions or
(2) Engaged in ectivities related to the
review of license apphcations end
license amendments:
(v Investigatorsemployedby theU.S. 305-9g282or by mail marked to his
Of ce of Personnel Management:
(w) Attoneys, accountants,
investigators, administrative judges and
other employees of the U.S. Securities
and Exchange Commission assigned to
perform or to assist in performing
investigative, inspection or other law
enforcement functions:
(x) Employees of the Social Security
Administration assigned to
Administration eld of ces, hearing
of ces and eld assessment of ces;
(y) Of cers and employees of the
Tennessee Valley Authority authorized
by the Tennessee Valley Authority
Board of Directors to carry frearms in
the performance of investigative,
inspection, protective or law
enforcement functions; and
(z) Of cers and empioyees of the
Federal Aviation Administration, the
Federal Highway Administration, the
Federal Railroad Administration, the
National Highway Traf c Safety
Administration, the Research and
Special Programs Administration and
the Saint Lawrence Seaway
Deveiopment Corpora tion of the U.S.
Department of Transportation who are
assigned to perform or assist in
performing investigative inspection or
law enforcement functions.
Dated: November 18, 1982.
Wiliam P. Barr,
Atorney Generol.
[FR Doc. g2-28871 Filed 11-27-82, &45 am]
BILLINGCOOE 0-o-M
DEPARTMENT OF COMMERCE
Patent and Trademark Ot ce
37 CFR Part 1
(Docket No. 920666-2275)
RIN 0651-AA59
Changes in Practice Retating to Fling
Patent Applications
AGENCY: Patent and Trademark Of ce,
Commerce.
ACTION: Pinal rule.
SUMMARY: The Patent and Tracemark
Of ce (Of ce) is amending the rules of
practice in patent cases to pruvide a
uniform prectice with respect to ling an
oath or declaration and ling fees in
continuing applications.
EFFECTIVE DATE: January 4, 1983. These
rules will be applicable to all papers and
epplications
the effective
led with
date.the Offce on or
FOR FURTHER NFORMATION CCONTACT:
Jeffrey V. Nase by telephone at (703)
attention and addressed to Of ce of the
Assistant Cormmissioner for Patents, Box
DAC. Washington, DC 20231.
SUPPLEMENTARY INFORMATION: In a
Notice of Proposed Rulemaking
published in the Federal Register (57 FR
31344) on July 15, 1982, and in the Patent
and Trademark Of ce Of cial Gazette
(1141 Off. Gaz. Pat. Of ce 9) on August
4, 1992, the Of ce proposed to amend
$ 1.60. The due date for submitting
Written comments was extended to
September 10, 1992, In an Extension of
Comment Period pubished in the
Federal Register (57 FR 38640) on August
1992
ecommentwesreceived..The
comment favored adoption of the
proposed rule changes.
A continuation or divisional
applicetion ed under $ 1.60 did not
receive a ling date until a complete
copy of the prior application was led.
includinga true copy of the oath or
declaration. Since the Of ce is in
possession of the oeth or declaration of
the prior application, & 1.80 is being
modi ed to be consistent with $$ 1.53
and 1.62 by permitting faling of a true
copy of the oath or declaration within a
time speci ed in a notice of misstng
parts mailed by the Of ce.