[Federal Register Volume 62, Number 56 (Monday, March 24, 1997)]
[Rules and Regulations]
[Pages 13825-13826]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-7292]
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DEPARTMENT OF JUSTICE
Bureau of Prisons
28 CFR Part 527
RIN 1120-AA53
[BOP-1058-F]
Transfer of Inmates to State Agents for Production on State Writs
AGENCY: Bureau of Prisons, Justice.
ACTION: Final rule.
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SUMMARY: In this document, the Bureau of Prisons is making various
editorial or procedural changes in order to update its regulations on
transfer of inmates to state agents for production on state writs.
EFFECTIVE DATE: March 24, 1997.
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 transfer of inmates to state agents for production on
state writs (28 CFR part 527, subpart D). A final rule on this subject
was published in the Federal Register July 1, 1981 (46 FR 34549) and
was amended October 1, 1985 (50 FR 40105).
The Bureau is making various editorial or procedural changes in
order to update Sec. 527.31. Specifically, paragraph (a) is amended for
the purpose of removing the instruction that the provisions of the rule
may not be used to avoid the use, or to circumvent the intent, of the
Interstate Agreement on Detainers. This requirement is more suitable
for inclusion in implementing instructions to staff rather than in the
regulatory text. Paragraph (c) is amended by revising the provisions
governing how requests are to be made. These provisions previously had
read that the request may be made by letter, or in urgent cases by wire
or phone. The Bureau is revising this to require the request to be made
by letter. Implementing instructions to staff further address how the
letter may be received (for example, via facsimile transmission).
Consequently, the regulation would not need to be further amended in
order to recognize technological changes in accepting requests.
Paragraph (d) is amended for editorial consistency (that is, in order
to use the phrase ``institution staff'' rather than ``institutional
staff''). Finally, paragraph (h) is amended by removing the phrase ``in
either the Regional or Central Office'' and redundant regulatory
information. Because the provisions in paragraph (h) serve as a cross-
reference to the controlling regulations for Central Inmate Monitoring
Cases, the inclusion of such specific information is unnecessary.
Because these changes are either administrative or editorial in
nature, 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
[[Page 13826]]
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 527
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 527 in subchapter B of 28
CFR, chapter V is amended as set forth below.
SUBCHAPTER B--INMATE ADMISSION, CLASSIFICATION, AND TRANSFER
PART 527--TRANSFERS
1. The authority citation for 28 CFR part 527 continues to read as
follows:
Authority: 5 U.S.C. 301; 18 U.S.C. 3565, 3569, 3621, 3622, 3624,
4001, 4042, 4081, 4082 (Repealed in part as to offenses committed on
or after November 1, 1987), 4100-4115, 4161-4166 (Repealed as to
offenses committed on or after November 1, 1987), 4201-4218, 5003,
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. In Sec. 527.31, paragraph (a) is amended by removing the second
sentence, paragraph (c) is amended by revising the second sentence,
paragraph (d) is amended by revising the second sentence, and paragraph
(h) is revised to read as follows:
Sec. 527.31 Procedures.
* * * * *
(c) * * * The request shall be made by letter. * * *
(d) * * * Institution staff shall verify the authenticity of the
writ.
* * * * *
(h) Release of inmates classified as Central Inmate Monitoring
Cases requires review with and/or coordination by appropriate
authorities in accordance with the provisions of 28 CFR part 524,
subpart F.
[FR Doc. 97-7292 Filed 3-21-97; 8:45 am]
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