[Federal Register Volume 63, Number 200 (Friday, October 16, 1998)]
[Rules and Regulations]
[Page 55774]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-27879]
[[Page 55773]]
_______________________________________________________________________
Part VI
Department of Justice
_______________________________________________________________________
Bureau of Prisons
_______________________________________________________________________
28 CFR Parts 500, 503 and 551
Non-Discrimination Toward Inmates; Bureau of Prisons Central Office
Regional Offices, Institutions, and Staff Training Centers; List of
Bureau of Prisons Institutions; Final Rules and Notice
Federal Register / Vol. 63, No. 200 / Friday, October 16, 1998 /
Rules and Regulations
[[Page 55774]]
DEPARTMENT OF JUSTICE
Bureau of Prisons
28 CFR Part 551
[BOP-1077-F]
RIN 1120-AA73
Non-Discrimination Toward Inmates
AGENCY: Bureau of Prisons, Justice.
ACTION: Final Rule.
-----------------------------------------------------------------------
SUMMARY: In this document, the Bureau of Prisons is revising its
regulations on non-discrimination toward inmates for the sake of
improved clarity of expression. This revision reaffirms that Bureau
staff shall not discriminate against inmates on the basis of race,
religion, national origin, sex, disability, or political belief. This
includes the making of administrative decisions and providing access to
work, housing and programs.
EFFECTIVE DATE: October 16, 1998.
ADDRESSES: Rules Unit, Office of General Counsel, Bureau of Prisons,
HOLC Room 754, 320 First Street, NW., Washington, DC 20534.
FOR FURTHER INFORMATION CONTACT: Roy Nanovic, Office of General
Counsel, Bureau of Prisons, phone (202) 514-6655.
SUPPLEMENTARY INFORMATION: The Bureau of Prisons is amending its
regulations on non-discrimination toward inmates (28 CFR part 551,
subpart I). A final rule on this subject was published in the Federal
Register April 4, 1980 (45 FR 23366) and was amended April 6, 1994 (59
FR 16406).
The Bureau's regulations previously stated that inmates may not be
discriminated against on the basis of race, religion, nationality, sex,
disability, or political belief, and that each Warden shall ensure that
administrative decisions and work, housing, and program assignments are
non-discriminatory. The Bureau is revising its regulations in order to
restate the provisions in an active voice. The revised regulations make
more clear the Bureau's intent that all staff are responsible for
ensuring that their actions are in compliance. In restating the
provisions in this manner, it is no longer necessary for the rules to
identify the Warden as the person responsible for ensuring compliance.
The Bureau's internal administrative procedures are sufficient to
assure that the Warden is responsible for the institution's operations.
With respect to the bases of discriminations, the Bureau has replaced
the term ``nationality'' with the phrase ``national origin''.
Because this amendment is editorial in nature and does not change
the intent of the previous regulations, the Bureau finds good cause for
exempting the provisions of the Administrative Procedure Act (5 U.S.C.
553) requiring notice of proposed rulemaking, the opportunity for
public comment, and delay in effective date. Members of the public may
submit comments concerning this rule by writing to the previously cited
address. These comments will be considered but will receive no response
in the Federal Register.
This rule falls within a category of actions that the Office of
Management and Budget (OMB) has determined not to constitute
``significant regulatory actions'' under section 3(f) of Executive
Order 12866 and, accordingly, it was not reviewed by OMB. After review
of the law and regulations, the Director, Bureau of Prisons certifies
that this rule, for the purpose of the Regulatory Flexibility Act (5
U.S.C. 601 et seq.), does not have a significant economic impact on a
substantial number of small entities, within the meaning of the Act.
Because this rule pertains to the correctional management of offenders
committed to the custody of the Attorney General or the Director of the
Bureau of Prisons, its economic impact is limited to the Bureau's
appropriated funds.
List of Subjects in 28 CFR Part 551
Prisoners.
Kathleen Hawk Sawyer,
Director, Bureau of Prisons.
Accordingly, pursuant to the rulemaking authority vested in the
Attorney General in 5 U.S.C. 552(a) and delegated to the Director,
Bureau of Prisons in 28 CFR 0.96(p), part 551 in subchapter C of 28
CFR, chapter V is amended as set forth below.
SUBCHAPTER C--INSTITUTIONAL MANAGEMENT
PART 551--MISCELLANEOUS
1. The authority citation for 28 CFR 551 continues to read as
follows:
Authority: 5 U.S.C. 301; 18 U.S.C. 1512, 3621, 3622, 3624, 4001,
4005, 4042, 4081, 4082 (Repealed in part as to offenses committed on
or after November 1, 1987), 4161-4166 (Repealed as to offenses
committed on or after November 1, 1987), 5006-5024 (Repealed October
12, 1984 as to offenses committed after that date), 5039; 28 U.S.C.
509, 510; Pub. L. 99-500 (sec. 209); 28 CFR 0.95-0.99; Attorney
General's August 6, 1991 Guidelines for Victim and Witness
Assistance.
2. Subpart I of 28 CFR part 551 is revised to read as follows:
Subpart I--Non-Discrimination Toward Inmates
Sec. 551.90 Policy.
Bureau staff shall not discriminate against inmates on the basis of
race, religion, national origin, sex, disability, or political belief.
This includes the making of administrative decisions and providing
access to work, housing and programs.
[FR Doc. 98-27879 Filed 10-15-98; 8:45 am]
BILLING CODE 4410-05-U
