Federal Register / Vol. 61, No. 152 / Tuesday, August 6, 1996 / Rules and Regulations 40723

§ 381.302 [Amended] certain specified conditions, and take The California Department of the 2. In § 381.302, paragraph (a) is reasonable steps to determine whether Highway Patrol raised the following amended by removing ‘‘$11,550’’ and the vehicle is being operated with the concerns: (1) Whether an officer has adding ‘‘$12,790’’ in its place. owner’s consent. There are two program probable cause to stop a vehicle conditions proposed in this rule. Under displaying a decal; (2) the ease with § 381.303 [Amended] the first condition, the owner may which a thief can remove a decal; (3) the 3. In § 381.303, paragraph (a) is consent to have the car stopped if it is necessity for extensive public awareness amended by removing ‘‘$16,860’’ and operated between the hours of 1:00 a.m. campaigns; and (4) the transferability or adding ‘‘$18,680’’ in its place. and 5:00 a.m. Under the second renewal of a decal from one vehicle to condition, the owner may consent to another. § 381.304 [Amended] have the car stopped if it crosses, is The Department of Justice takes the 4. In § 381.304, paragraph (a) is about to cross, or about to be position that under section § 29.8 of the amended by removing ‘‘$8,840’’ and transported across a United States land rule, Motor vehicle owner participation, adding ‘‘$9,790’’ in its place. border, or if it enters a port. States and the owner of the vehicle has already granted permission to law enforcement § 381.305 [Amended] localities may elect to participate in the program solely at their option. The officials to stop the vehicle if it is being 5. In § 381.305, paragraph (a) is MVTPA grants the Attorney General operated under the specified conditions. amended by removing ‘‘$3,310’’ and authority to establish additional It is also the owner’s responsibility to adding ‘‘3,670’’ in its place. conditions so long as consent from advise any other user of the vehicle that § 381.403 [Amended] program participants is obtained and a they are subject to being stopped by law enforcement officials under specified 6. Section 381.403 is amended by separate design for program decals is provided. conditions. removing ‘‘$5,740’’ and adding ‘‘$6,370’’ BJA intends to use a tamper-resistant, EFFECTIVE DATE: September 5, 1996. in its place. unobtrusive front window decal to be FOR FURTHER INFORMATION CONTACT: Greg applied on the inside of the glass § 381.505 [Amended] Morris, Bureau of Justice Assistance, 7. In § 381.505, paragraph (a) is directly above the inside rear-view Office of Justice Programs, Department mirror. In the event that state or local amended by removing ‘‘$9,930’’ and of Justice, 633 Indiana Avenue, N.W., adding ‘‘$11,000’’ in its place and by regulations preclude placing a decal Room 1086D, Washington, D.C. 20531. there, it may be placed on the lower removing ‘‘$11,240’’ and adding (202) 616–3458. ‘‘$12,450’’ in its place. right side. For the rear window, a SUPPLEMENTARY INFORMATION: Section tamper-resistant decal shall be placed § 381.801 [Amended] 220001 of the Violent Crime Control and on the exterior side of the glass along Law Enforcement Act of 1994, Pub. L. 8. Section 381.801 is amended by the lower left side. The decision to place 103–322, 108 Stat. 2074, codified at 42 removing ‘‘$1,020’’ and adding ‘‘$1,670’’ the rear window decal on the outside U.S.C. 14171, contains the Motor in its place. face of the glass is due to the wide Vehicle Theft Prevention Act (MVTPA). spread use of tinted glass, and to [FR Doc. 96–19928 Filed 8–5–96; 8:45 am] The MVTPA requires the Attorney minimize the adverse effects from use of BILLING CODE 6717±01±M General to establish a national voluntary rear window defogger units. motor vehicle theft prevention program. BJA intends to use state-of-the-art, The Attorney General has delegated the retroreflective sheeting paper in the DEPARTMENT OF JUSTICE authority to establish such a program to manufacture of its decals which will the Assistant Attorney General for the result in the decal being luminescent Office of Justice Programs Office of Justice Programs. The Assistant and easily discernible at night when Attorney General for the Office of either direct or indirect light is cast 28 CFR Part 29 Justice Programs has delegated the upon it. This feature would have been [OJP No. 1081] authority and responsibility for the compromised had the decal been placed management and administration of the RIN 1121±AA38 on the interior side of tinted glass. program to the Director of the Bureau of Secondly, the heat generated by a rear Motor Vehicle Theft Prevention Act Justice Assistance. window defogger sometimes results in Program Regulations Under this program, automobile the loosening of stickers applied on the owners may voluntarily sign a consent interior face of the glass. The removal of AGENCY: Office of Justice Programs, form and obtain a program decal that such stickers by scraping with a sharp Bureau of Justice Assistance. Justice. authorizes law enforcement officers to object can result in damage to the ACTION: Final rule. stop the motor vehicle if it is being defogger heating filaments embedded operated under certain specified near the interior face of the glass. SUMMARY: The Bureau of Justice conditions and take reasonable steps to For those vehicles that are Assistance is publishing a Final Rule to determine whether the vehicle is being convertibles or have removable tops, the implement the Motor Vehicle Theft operated with the owner’s consent. rear window decal can be applied to the Prevention Act of 1994 (MVTPA) by Participation in this program is left side of the rear bumper. issuing regulations to establish a completely voluntary on the part of the The main purposes of the MVTPA national voluntary motor vehicle theft vehicle owner and State and local Program is to create additional, time- prevention program. A Proposed Rule governments. consuming impediments for thieves, for public comment was published in A Proposed Rule with request for and to create a mechanism for law the Federal Register on October 24, comments was published in the Federal enforcement to proactively investigate 1995. Under this program, motor vehicle Register on October 24, 1995. 60 FR auto theft before a stolen vehicle report owners may sign a consent form and 54459. The following is a summary of is filed with the authorities. obtain a program decal authorizing law the comments received before the The MVTPA Program compels a thief enforcement officers to stop their motor comment period closed on December to remove a tamper-resistant bumper vehicle if it is being driven under 26, 1995. sticker while they are alongside the 40724 Federal Register / Vol. 61, No. 152 / Tuesday, August 6, 1996 / Rules and Regulations vehicle, acting suspiciously and payment. The Bureau of Justice supports dealership decal registration drawing attention to themself. The thief Assistance will defer to the participating programs in which states supply must then gain access to the vehicle and states and localities on the question of dealerships with an inventory of decals arouse even greater suspicion by fees charged to owners for registration to be attached to vehicles on an as scraping from the interior of the and materials such as decals, stickers, needed basis, BJA wishes to avoid micro windshield, a second, tamper-resistant, emblems and license plates. management of states’ programs. BJA decal(s). These additional impediments, The Council also expressed concern has not included such dealership in addition to other theft prevention over the size and design of the emblems, programs as a provision of the final devices such as an steering wheel locks, decals, stickers and devices. Section regulation, but has revised the increase the number of hurdles a thief 29.3 of the Final Rule has been amended definition of the term ‘‘owner’’ in § 29.2 must overcome and raise the deterrence to task the Bureau of Justice Assistance to include them. States and/or localities threshold. with the responsibility of creating a may elect to participate in the program A significant number of auto thefts are standard, universally recognizable by requesting program enrollment committed during the early morning MVTPA reflective emblem, icon, materials from BJA and by following the hours when the owners are asleep and stickers and or decal. The size and program requirements set forth in unaware that their vehicles have been design of the front windshield decal guidelines. BJA further notes that the stolen. In many instances, a stolen car will make them readily identifiable to a previously cited option of utilizing can be driven to a chop shop or driven person standing a short distance away. license plate registration would not only across state lines before the owner The rear window decal or sticker will be better facilitate state record keeping, it awakens to discover the theft. The readily identifiable to a person traveling would also enable automobile dealers to MVTPA Program allows police to in a vehicle at a safe distance behind. use special dealer license plates instead proactively investigate auto theft before The Council and other respondents of constantly applying and removing a stolen vehicle report is made by raised concern regarding the decals. stopping those vehicles which are not maintenance of a computerized registry NADA also suggested that Department normally driven during the early of participants. BJA fully supports the of Justice abandon the current proposed use of computerized state registries and morning hours, or operated near to an time frame (1:00 a.m. to 5:00 a.m.) in has further amended the rule to provide international land border or port. favor of a time frame more conducive to Additionally, some states maintain an states the flexibility of adopting the the operation of automobile dealerships, additional computerized data base of design of the icon or emblem into the such as 10:00 p.m. to 7:00 a.m. This vehicles enrolled in MVTPA-type manufacture of optional, vehicular recommendation has been rejected on programs which are instantly accessible license plates which would have to the grounds that it would place an to law enforcement at all times. Thus, if specifically requested by vehicle inordinate burden on participating a thief has removed the vehicle’s decals registrants. BJA believes that specialized motorists by exposing them to traffic and while driving, arouses the suspicion license plates would be preferable to stops between the hours of 10:00 p.m. of a police officer on patrol, that officer emblems or decals in the long-term. can access a computerized data base to States can facilitate public awareness and 1:00 a.m., and would place an not only check whether the vehicle has campaigns through the distribution of extraordinary burden on commuters been reported as stolen, but also verify customized license plates and track who must leave home before 7:00 a.m to that the owner of the vehicle has their transferability. reach the workplace. In response to enrolled the car in the MVTPA Program Additionally, the Council noted that NADA’s suggestion that states adopt and that decals should be affixed to the the design of the consent forms should criminal penalties for illegally vehicle. The absence of decals would be specified, and questioned whether tampering or removing decals, BJA heighten the officer’s suspicion that the unreasonable requirements may be notes that the MVPTA already imposes vehicle had been stolen. placed on vehicle owners. Section 29.3 Federal sanctions for those who with As the MVTPA Program eventually has been amended to require BJA to the intent to steal, remove, deface, or expands into a nationwide program, BJA produce a model consent and obstruct a MVPTA decal, emblem or will begin a national public awareness registration form. The requirements will sticker. The Act also imposes a criminal campaign to both inform the public and be clearly specified on such forms and fine for the unauthorized application of publicize the Program. However, since section 29.13 prohibits the addition of a theft prevention decal or device. the MVTPA will originate in a few new conditions without the owner’s The MVTPA requires, as a condition selected states, BJA will focus its initial consent. of participation, that each State or public awareness efforts on Finally, the Council expressed some locality agrees to take reasonable steps corroborative efforts with the respective concern that a national registration to ensure that law enforcement officials state automobile theft prevention program would draw state registrants throughout its jurisdiction are familiar authorities to publicize their program from Illinois’ Beat Auto Theft (BAT) with the program, and with the statewide. Program, creating duplication and conditions under which motor vehicles Section 29.10 and 29.11 respectively necessitating retraining of public may be stopped. Participating states address the issues of owners employees already familiar with BAT. and/or localities are free to choose one withdrawing from the program, and the However, the Council conceded that the or more of the program conditions sale or transfer of the enrolled vehicle. advantages of a uniform, nation-wide established under this rule, and, In both instances the owner is required program outweigh the temporary therefore, need not authorize their law to completely remove the program disadvantages of duplication and enforcement officers to stop motor decals, change the license plate if retraining while states with their own vehicles under all the conditions necessary, and is encouraged to notify programs make the transition to the specified hereunder in order to the participating agency in writing. national program. participate. The Illinois Motor Vehicle Theft The National Automobile Dealers Participation in this program on the Prevention Council questioned whether Association (NADA) wrote to request part of states and/or localities is a registration fee would be required and that new and used auto dealerships be completely voluntary, and participating who would be responsible for its included in the program. Whereas BJA jurisdictions may withdraw from the Federal Register / Vol. 61, No. 152 / Tuesday, August 6, 1996 / Rules and Regulations 40725 program at any time by sending written Initially, the program will have two Regulatory Flexibility Act notification to BJA. sets of conditions. Under the first The Director of the Bureau of Justice The adoption of a universally condition, the owner may consent to Assistance, in accordance with the recognizable MVTPA emblem or icon have the car stopped if it is operated Regulatory Flexibility Act (5 U.S.C. was prompted by comments received between the hours of 1:00 a.m. and 5:00 605(b)), has reviewed this rule and, by expressing concern over the lack of a.m. Under the second condition, the approving it, certifies that the rule will uniformity as various states devise their owner may consent to have the car not have a significant economic impact own emblems and decals; the stopped if it crosses, is about to cross, on a substantial number of small entities transferability of decals from one or is about to be transported across a because of the following factors. Motor vehicle to another; the ability of states United States land border, or if it enters vehicle owners, State, and localities to track participation in the program by a port. The rule establishes a one-mile may elect to participate in this program integrating it with automobile limit within which states or localities solely at their option. This rule sets registration systems; the need for public may enforce the border provision. The forth conditions under which such awareness campaigns; removal of decals one-mile limit is intended to give parties may participate but does not by thieves; and a desire to implement a participating jurisdictions flexibility to impose any fees. The Bureau of Justice uniform national program to encourage implement the program in a manner Assistance defers to the participating participation by current most suitable to local conditions. States and localities on the question of nonparticipating states and localities. However, jurisdictions are strongly whether fees will be charged to owners This program is a Federal program encouraged to establish the boundary for registration and materials such as that operates separately from any close to the border for enforcement decals, stickers, emblems, and license existing State and local motor vehicle purposes without disrupting traffic. plates. theft prevention program. It is not The early morning and border intended to preempt existing State or crossing conditions have been used List of Subjects in 28 CFR Part 29 local laws or programs. Likewise, this successfully in existing State and local Administrative practice and program is not intended to preclude programs. The port provision is not, to procedure, Authority delegations, states or localities from setting up their BJA’s knowledge, currently employed in Crime, Highways and roads, own programs with different or any jurisdiction but has been included International boundaries, Law additional conditions. Participating in these proposed regulations because enforcement, Motor vehicles, owners also should be notified of the many states, police departments, Organization and functions State or locality’s decision to terminate prosecutors, and industry (Government agencies), Searches. the program. representatives have expressed an Accordingly, under the authority Sections 29.8 through 29.12 of the interest in methods to reduce stolen delegated by the Attorney General to the rule explain how an owner in a vehicles transported through ports. Bureau of Justice Assistance, title 28 of participating jurisdiction may enroll his The MVTPA authorizes the Attorney the Code of Federal Regulations is or her automobile in the program and General to add conditions to the amended by adding part 29 to read as the responsibilities that accompany program only with the consent of the follows: participation. In order to enroll, the vehicle owner. Accordingly, after the owner of the vehicle must sign a program has begun, new conditions PART 29ÐMOTOR VEHICLE THEFT program consent form and register his or under which a vehicle may be stopped PREVENTION ACT REGULATIONS her vehicle with a participating State or may be added to an existing program Sec. locality. By signing the consent form, only if the owner consents to the new 29.1 Purpose. the owner states that his or her vehicle condition or conditions. 29.2 Definitions. is normally not operated under certain At this time, based on consultations 29.3 Administration by the Bureau of specified conditions and consents to with State and local law enforcement Justice Assistance. have the automobile stopped if organizations, prosecutors, and private 29.4 Election to participate by states and participating law enforcement officials industry representatives, the localities. see the car operated under these Department of Justice intends to 29.5 Notification of law enforcement conditions. Additionally, in those implement the MVTPA with the two officials. 29.6 Limited participation by states and instances where states do not issue basic program conditions outlined localities permitted. special license plates, the owner agrees above, limited to operation of a vehicle 29.7 Withdrawal from the program by states to display the program decal on his or between 1:00 a.m. and 5:00 a.m., and and localities. her vehicle. For each of the conditions, operation or transport of a vehicle 29.8 Motor vehicle owner participation. the owner must give consent and affix across a United States land border or 29.9 Motor vehicles for hire. a separate decal. into a United States port. 29.10 Owner withdrawal from the program. Section 29.9 requires any person who In accordance with 5 U.S.C. 605(b), 29.11 Sale or other transfer of an enrolled is in the business of renting or leasing the Director of the Bureau of Justice vehicle. 29.12 Specified conditions under which motor vehicles that bear a program decal Assistance certifies that this rule does stops may be authorized. to notify the person to whom the motor not have a significant adverse economic 29.13 No new conditions without consent. vehicle is rented or leased of the impact on a substantial number of small Authority: 28 U.S.C. 509, 510; 42 U.S.C. program prior to transferring possession entities. This rule is not a significant 14171. of the vehicle. Failure to provide such regulatory action under Executive Order notice to a renter or lessee may result in No. 12866, and therefore, this rule has § 29.1 Purpose. the assessment of a civil penalty of an not been reviewed by the Office of (a) The purpose of this part is to amount not to exceed $5,000. The Management and Budget. This rule has implement the Motor Vehicle Theft Assistant Attorney General of the Civil no federalism implications warranting Prevention Act, 42 U.S.C. 14171, which Division, or his or her designee, shall the preparation of a Federalism requires the Attorney General to have the responsibility to enforce the Assessment in accordance with develop, in cooperation with the states, civil penalties hereunder. Executive Order No. 12612. a national voluntary motor vehicle theft 40726 Federal Register / Vol. 61, No. 152 / Tuesday, August 6, 1996 / Rules and Regulations prevention program. The program will (1) Make program enrollment (3) Expressly advise any borrower of be implemented by states and localities, materials, including consent forms, the vehicle of the existence of this at their sole option. available to interested motor vehicle agreement, and that such user will be (b) Under this program, individual owners; subject to being stopped by law motor vehicle owners voluntarily sign a (2) Collect completed consent forms; enforcement officials if the vehicle is consent form in which the owner (3) Provide enrolled motor vehicle being operated under the specified (1) Indicates that the identified owners with the decal(s), and license condition(s) even if the officials have no vehicle is not normally operated under plate(s) applicable to their program other basis for believing the vehicle is certain specified conditions and condition or conditions and instructions being operated unlawfully; and (2) Agrees to display a program decal governing program participation; (4) Comply with any other or license plate on the vehicle and to (4) Take the necessary steps to regulation(s) or guideline(s) governing permit law enforcement officials in any authorize law enforcement officials to participation in this program. jurisdiction to stop the motor vehicle if stop motor vehicles enrolled in the it is being operated under specified program; and § 29.9 Motor vehicles for hire. conditions and take reasonable steps to (5) Comply with any other (a) Any person who is in the business determine whether the vehicle is being regulation(s) or guideline(s) governing of renting or leasing motor vehicles and operated by or with the permission of participation in this program. who rents or leases a motor vehicle on the owner. § 29.5 Notification of law enforcement which a program decal or device is (c) The regulations set forth in this officials. affixed shall notify the person to whom part establish the conditions under In addition to the actions enumerated the motor vehicle is rented or leased which an owner may consent to having in § 29.4(b), as a condition of about the program, prior to transferring his or her vehicle stopped and the participating in the program, a State or possession of the vehicle. manner in which a State or locality may locality must agree to take reasonable (b) The notice required by this section elect to participate. steps to ensure that law enforcement shall be printed in bold type in the § 29.2 Definitions. officials under its jurisdiction are rental or lease agreement, and on the envelope in which the rental agreement For the purposes of this part: familiar with the program and with the is placed. The notice provision in the (a) ‘‘The Act’’ or ‘‘the MVTPA’’ means conditions under which motor vehicles rental or lease agreement must utilize a the Motor Vehicle Theft Prevention Act. may be stopped. larger font than the standard type in the (b) ‘‘Owner’’ means the person or § 29.6 Limited participation by states and agreement. The notice must state that persons whose name(s) appear(s) on the localities permitted. the motor vehicle may be stopped by certificate of title or to whom the car is A State or locality need not authorize law enforcement officials if it is registered. In the instance of a new the stopping of motor vehicles under all operated under the conditions specified vehicle awaiting sale or lease or in the sets of conditions specified under the by the program in which the car is instance of a used vehicle where the program in order to participate in the enrolled even if the officials have no title has been assigned to a dealership, program. other basis for believing that the vehicle the term ‘‘owner’’ shall be construed to is being operated unlawfully. mean new and used automobile § 29.7 Withdrawal from the program by dealerships. states and localities. (c) Failure to provide the notice (c) ‘‘The Program’’ refers to the Any participating State or locality required by this section to a renter or National Voluntary Motor Vehicle Theft may withdraw from the program at any lessee may result in the assessment of a Prevention Program implemented time by sending written notification to civil penalty by the Assistant Attorney pursuant to the Motor Vehicle BJA and by notifying participating General, Civil Division, or his or her Prevention Act. owners individually by mail of the designee, of an amount not to exceed decision to withdraw. $5,000. No penalty shall be assessed § 29.3 Administration by the Bureau of unless the person charged has been Justice Assistance. § 29.8 Motor vehicle owner participation. given notice and an opportunity for a The Director of the Bureau of Justice In order to participate in this program, hearing of such charge. Assistance shall administer this the owner(s) of a motor vehicle must Program and shall issue guidelines sign a program consent form and § 29.10 Owner withdrawal from the program. governing the operational aspects of it, register with a participating State or including the design and production of locality. If the vehicle is registered to An owner may withdraw from the a standardized, universally recognizable more than one person, both owners program at any time by completely MVTPA reflective decal, as well as must sign the consent form. By enrolling removing the program decal and model consent and registration forms. in the federal program, the owner(s) of changing the license plate if necessary. the motor vehicle— The owner is also encouraged to notify § 29.4 Election to participate by states and (a) State(s) that the vehicle is not the participating agency in writing of localities. normally operated under the specified such withdrawal. (a) Any State or locality that wishes conditions; and to participate in the program shall (b) Agree(s) to: § 29.11 Sale or other transfer of an register with the BJA and request (1) Display the program decals or enrolled vehicle. program enrollment materials. devices on the owner’s vehicle; Upon the transferral of ownership of Registration forms will be available (2) Permit law enforcement officials in an enrolled vehicle, the transferring upon request. Participation in the any State or locality to stop the motor owner must completely remove the program is wholly voluntary on the part vehicle if the vehicle is being operated program decals, change the license of the State or locality. under the specified conditions and take plate(s) if necessary, and is encouraged (b) By electing to participate in the reasonable steps to determine whether to notify the participating agency in program, a State or locality agrees to do the vehicle is being operated by or with writing of the transfer of ownership of the following: the permission of the owner; the vehicle. Federal Register / Vol. 61, No. 152 / Tuesday, August 6, 1996 / Rules and Regulations 40727

§ 29.12 Specified conditions under which Dated: July 30, 1996. treatment of domestic violence as a stops may be authorized. Nancy E. Gist, serious violation of criminal law. The A motor vehicle owner may Director, Bureau of Justice Assistance. Act gives the Attorney General and an voluntarily enroll his or her vehicle(s) [FR Doc. 96–19778 Filed 8–5–96; 8:45 am] authorized designee, in this case the and give written consent to law BILLING CODE 4410±18±P Assistant Attorney General for the enforcement official to stop the vehicle Office of Justice Programs, the authority if it is being operated under any or all to make grants to the above mentioned the conditions set forth in this section. 28 CFR Part 90 entities. Omnibus Crime Control and For each condition, the owner(s) must Safe Streets Act of 1968 805, as grant consent and affix a separate decal, [OJP No. 1019] amended, codified at 42 U.S.C. 3786 device, or license plate. RIN 1121±AA35 [hereinafter the ‘‘Omnibus Act’’]. (a) Time. A motor vehicle owner may Section 2104 of the Omnibus Act, authorize law enforcement officers to Grants To Encourage Arrest Policies codified as amended at 42 U.S.C. stop the enrolled vehicle if it is being AGENCY: 3796hh–3, requires that regulations be operated between the hours of 1:00 AM Office of Justice Programs, Justice. issued specifically to implement these and 5:00 AM. By enrolling in a program policies and programs. with this condition, the owner must ACTION: Final rule. On May 14, 1996, the Office of Justice state that the vehicle is not normally SUMMARY: This document announces the Programs published a proposed rule on operated between the specified hours, final rule for the Grants to Encourage the implementation of the Grants to and that the owner understands that the Arrest Policies authorized by the Encourage Arrest Policies in the Federal operation of the vehicle between those Violence Against Women Act, Title IV Register (Vol. 61, No. 94, pages 24256– hours provides sufficient grounds for a of the Violent Crime Control and Law 24261). Comments were specifically law enforcement officer to reasonably Enforcement Act of 1994. For Fiscal solicited regarding, but not limited to, believe that the vehicle is not being Year 1996, Congress has appropriated the following issues: operated by or with the consent of the $28 million to the United States (1) Other priority areas that should be owner, even if the law enforcement Department of Justice, Office of Justice considered for funding in addition to official has no other basis for believing Programs, for Grants to Encourage the statutory award priorities identified that the vehicle is being operated Arrest Policies. This regulation is being in Section 90.66 of Subpart D; unlawfully. published under the general statutory (2) The special needs of Indian tribal (b) Border crossing or port entry. A grant of authority to issue rules and governments, underserved populations motor vehicle owner may authorize law regulations pursuant to the Omnibus and rural communities in implementing enforcement officers to stop the enrolled Crime Control and Safe Streets Act of this Program; (3) Effective strategies to ensure that vehicle if it crosses, is about to cross or 1968. The purpose of this regulation is local jurisdictions, States and tribal is about to be transported across a to provide a general outline of the governments will accord full faith and United States land border, or if it enters program and its purposes as set forth in credit to all valid protection orders a United States port. For purposes of the statute. this section, the phrase ‘‘about to cross pursuant to 18 U.S.C. 2265; and EFFECTIVE DATE: a United States land border’’ means the The final rule is (4) Methods and approaches for vehicle is operated or transported effective August 6, 1996. conducting research on the effectiveness within one mile of a United States land FOR FURTHER INFORMATION CONTACT: The of arrest and other legal sanctions for border. Participating States or localities Department of Justice Response Center domestic violence in communities that may implement this provision in at 1–800–421–6770 or (202) 307–1480, have adopted a system-wide accordance with local conditions, or Catherine Pierce, Violence Against coordinated response to the problem. provided that a participating State or Women Grants Office, Office of Justice The Office of Justice Programs locality may not extend the applicable Programs, at (202) 307–6026. received 34 letters commenting on the geographic area beyond one mile from SUPPLEMENTARY INFORMATION: The Final proposed regulations: 12 from law the United States land border. By Rule implements a discretionary grant enforcement agencies; 4 from enrolling in a program with this program that does not impose any prosecution agencies; 2 from probation condition, the owner must state that the restrictive regulations on recipients. agencies; 6 from other Federal, State and vehicle is not normally driven across a Grant recipients will benefit from local governmental agencies; 1 from an border or into a port, and that the owner immediate access to the funds available Indian tribal government; 9 from non- understands that the operation or through this program, and it would be profit, non-governmental victim service transport of the vehicle within a mile of contrary to the public interest to delay agencies; 1 from a national organization a United States land border or into a implementation of the program. and 1 from a private citizen. The Office port provides sufficient grounds for a Therefore, the Final Rule is effective of Justice Programs gratefully law enforcement officer to believe that upon publication. acknowledges the agencies, organizations, and individuals who took the vehicle is not being operated by or Title IV Grants To Encourage Arrest the time to express their views. with the consent of the owner even if Policies the law enforcement officer has no other Comments are on file at OJP’s Violence basis for believing that the vehicle is For Fiscal Year 1996, Congress Against Women Grants Office. being operated unlawfully. authorized a federal discretionary grant In preparing the Final Rule, OJP is program under Title IV of the Violent interpreting the scope of the Program as § 29.13 No new conditions without Crime Control and Law Enforcement broadly as possible while adhering consent. Act of 1994, Pub. L. No. 1033–22, 108 closely to the letter and spirit of the After the program has begun, new Stat. 1796, 1902–55, as amended, legislation. Language contained in the conditions under which a vehicle may codified at 42 U.S.C. 3796hh et seq. final regulations has been modified to be stopped may only be added to an (1994) [hereinafter the ‘‘Act’’], for States, reflect the following changes: existing program if the owner consents units of local government, and Indian ■ The Statement of the Problem has to the new condition or conditions. tribal governments to encourage the been revised to: (1) emphasize that, in