[Federal Register Volume 61, Number 237 (Monday, December 9, 1996)]
[Rules and Regulations]
[Page 64953]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-31161]
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DEPARTMENT OF JUSTICE
Bureau of Prisons
28 CFR Part 522
[BOP-1041-F]
RIN 1120-AA45
Unescorted Transfers and Voluntary Surrenders
AGENCY: Bureau of Prisons, Justice.
ACTION: Final rule.
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SUMMARY: In this document, the Bureau of Prisons is revising its
regulations on voluntary surrender commitments and transfers in order
to make an editorial change in the heading of the subpart and to update
statutory citations.
EFFECTIVE DATE: December 9, 1996.
ADDRESSES: 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 Voluntary Surrender Commitments and Transfers to Bureau
of Prisons Facilities. A final rule on this subject was published in
the Federal Register June 29, 1979 (44 FR 38245).
Because these regulations pertain to transfers both to Bureau and
to nonfederal facilities, it is more accurate to entitle the
regulations as Unescorted Transfers and Voluntary Surrenders. The only
other change to the regulation is the inclusion of a reference to 18
U.S.C. 3622, which is the statutory authority applicable to inmates
convicted of committing an offense which occurred on or after November
1, 1987.
Because these changes are editorial in nature and have no adverse
impact upon inmates, 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.
The Bureau of Prisons has determined that this rule is not a
significant regulatory action for the purpose of E.O. 12866, and
accordingly this rule was not reviewed by the Office of Management and
Budget. After review of the law and regulations, the Director, Bureau
of Prisons has certified 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 522
Prisoners.
Kathleen M. Hawk,
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 522 in subchapter B of 28
CFR, chapter V is amended as set forth below.
SUBCHAPTER B--INMATE ADMISSION, CLASSIFICATION, AND TRANSFER
PART 522--ADMISSION TO INSTITUTION
1. The authority citation for 28 CFR part 522 continues to read as
follows:
Authority: 5 U.S.C. 301; 18 U.S.C. 3621, 3622, 3624, 4001, 4042,
4081, 4082 (Repealed in part as to offenses committed on or after
November 1, 1987), 4161-4166 (Repealed in part 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; 28 CFR 0.95-0.99.
2. Subpart D, consisting of Sec. 522.30, is revised to read as
follows:
Subpart D--Unescorted Transfers and Voluntary Surrenders
Sec.
522.30 Purpose and scope.
Subpart D--Unescorted Transfers and Voluntary Surrenders
Sec. 522.30 Purpose and scope.
When the court orders or recommends an unescorted commitment to a
Bureau of Prisons institution, the Bureau of Prisons authorizes the
commitment and designates the institution for service of sentence. The
Bureau of Prisons also authorizes furlough transfers of inmates between
Bureau of Prisons institutions or to nonfederal institutions in
appropriate circumstances in accordance with 18 U.S.C. 3622 or 4082,
and within the guidelines of the Bureau of Prisons policy on furloughs,
which allows inmates to travel unescorted and to report voluntarily to
an assigned institution.
[FR Doc. 96-31161 Filed 12-6-96; 8:45 am]
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