[Federal Register Volume 78, Number 131 (Tuesday, July 9, 2013)]
[Rules and Regulations]
[Pages 40959-40960]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-16400]


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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: Final rule.

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SUMMARY: This rule removes 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: This rule is effective September 9, 2013.

FOR FURTHER INFORMATION CONTACT: Marnie Shiels, Office on Violence 
Against Women (OVW), United States Department of Justice, 145 N Street 
NE., Suite 10W.121, Washington, DC 20530 at marnie.shiels@usdoj.gov or 
(202) 305-2981.

SUPPLEMENTARY INFORMATION: 

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 removes 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 was 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. The final rule for the program, 
found at 28 CFR part 90, subpart E, was promulgated on July 22, 1999 
(64 FR 39774). VAWA 2005 amended the Campus Program and renamed it the 
Grants to Combat Violent Crimes on Campus Program (Campus Program) and 
recodified it at 42 U.S.C. 14045b.
    When VAWA 2005 recodified the program, it removed the requirement 
for

[[Page 40960]]

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 removes the 
Grants to Combat Violent Crimes Against Women on Campuses regulation.
    The Office on Violence Against Women published the Notice of 
Proposed Rulemaking in the Federal Register on May 18, 2012. Comments 
were due by July 17, 2012. No comments were received in any form. 
Therefore, the Office on Violence Against Women is finalizing the 
proposed rule without change. This rule was reviewed by the Department 
of Justice's Regulatory Review Working Group, which was formed to 
implement Executive Order 13563 according to the criteria set forth in 
the Department's Plan for Retrospective Analysis of Existing Rules.

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.

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 amends 28 CFR part 90 as follows:

PART 90--VIOLENCE AGAINST WOMEN

0
1. The authority citation for Part 90 reads as follows:

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

Subpart C--[Removed and Reserved]

0
2. Remove and reserve subpart C, consisting of Sec. Sec.  90.50-90.59.

Subpart E--[Removed and Reserved]

0
3. Remove and reserve subpart E, consisting of Sec. Sec.  90.100-
90.106.

    Dated: July 1, 2013.
Bea Hanson,
Acting Director, Office on Violence Against Women, U.S. Department of 
Justice.
[FR Doc. 2013-16400 Filed 7-8-13; 8:45 am]
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