[Federal Register Volume 64, Number 143 (Tuesday, July 27, 1999)]
[Proposed Rules]
[Pages 40718-40719]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-19067]
[[Page 40717]]
_______________________________________________________________________
Part VII
Department of Justice
_______________________________________________________________________
Bureau of Prisons
_______________________________________________________________________
28 CFR Part 540
Correspondence: Inspection of Outgoing General Correspondence; Proposed
Rule
Federal Register / Vol. 64, No. 143 / Tuesday, July 27, 1999 /
Proposed Rules
[[Page 40718]]
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DEPARTMENT OF JUSTICE
Bureau of Prisons
28 CFR Part 540
[BOP 1094-P]
RIN 1120-AA89
Correspondence: Inspection of Outgoing General Correspondence
AGENCY: Bureau of Prisons, Justice.
ACTION: Proposed rule.
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SUMMARY: In this document, the Bureau of Prisons is proposing to amend
its regulations on correspondence to require that outgoing inmate
general correspondence at all institutions may not be sealed and may be
read and inspected by staff. This amendment is intended to provide for
the continued efficient and secure operation of the institution and to
protect the public. This amendment does not apply to special mail.
DATES: Comments due by September 27, 1999.
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 proposing to amend
its regulations on correspondence (28 CFR part 540, subpart B). Current
regulations on this subject were published in the Federal Register on
October 1, 1985 (50 FR 40109) and were amended on February 1, 1991 (56
FR 4159), and on December 18, 1995 (61 FR 65204).
Current provisions on general correspondence specify that outgoing
general mail from inmates in a minimum or low security level
institution may be sealed by the inmate and sent out unopened and
uninspected under certain circumstances. Outgoing general mail from
inmates in medium, high, and administrative facilities may not be
sealed by the inmate and is subject to inspection. As part of a general
review of security measures at Bureau institutions, the Bureau is
proposing to require that general mail from all inmates, regardless of
institution security level, be sent out unsealed and subject to
inspection. Special mail is unaffected by this amendment.
The Bureau believes that inspection of outgoing mail from inmates
in minimum or low security level institutions is consistent with the
application of other Bureau policies pertaining to contacts with the
public. This amendment serves to ensure the secure operation of all
institutions by reducing the potential for inmates to use sealed mail
for criminal activity.
Interested persons may participate in this proposed rulemaking by
submitting data, views, or arguments in writing to the Rules Unit,
Office of General Counsel, Bureau of Prisons, 320 First Street, NW.,
HOLC Room 754, Washington, DC 20534. Comments received during the
comment period will be considered before final action is taken.
Comments received after the expiration of the comment period will be
considered to the extent practicable. All comments received remain on
file for public inspection at the above address. The proposed rule may
be changed in light of the comments received. No oral hearings are
contemplated.
Executive Order 12866
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.
Executive Order 12612
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 12612, it is determined that this rule does not have sufficient
federalism implications to warrant the preparation of a Federalism
Assessment.
Regulatory Flexibility Act
The Director of the Bureau of Prisons, 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 reasons: 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, and its
economic impact is limited to the Bureau'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 significantly or
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 costs or prices; or significant adverse
effects on competition, employment, investment, productivity,
innovation, or on the ability of United States-based companies to
compete with foreign-based companies in domestic and export markets.
Plain Language Instructions
We try to write clearly. If you can suggest how to improve the
clarity of these regulations, call or write Roy Nanovic at the address
given above.
List of Subjects in 28 CFR Part 540
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 540 in subchapter C of 28
CFR, chapter V is proposed to be amended as set forth below.
SUBCHAPTER C--INSTITUTIONAL MANAGEMENT
Part 540--CONTACT WITH PERSONS IN THE COMMUNITY
1. The authority citation for 28 CFR part 540 continues to read as
follows:
Authority: 5 U.S.C. 301, 551, 552A; 18 U.S.C. 1791, 3621, 3622,
3624, 4001, 4042, 4081, 4082 (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. In Sec. 540.14, paragraph (b) is revised, paragraph (c) is
removed, and paragraph (d) is redesignated as new paragraph (c).
Sec. 540.14 General correspondence.
* * * * *
(b) Except for ``special mail,'' all outgoing mail from an inmate
(whether sentenced or unsentenced) may not be
[[Page 40719]]
sealed by the inmate and may be read and inspected by staff.
* * * * *
[FR Doc. 99-19067 Filed 7-26-99; 8:45 am]
BILLING CODE 4410-05-P
