[Federal Register Volume 61, Number 225 (Wednesday, November 20, 1996)]
[Rules and Regulations]
[Page 59168]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-29640]
[[Page 59167]]
_______________________________________________________________________
Part III
Department of Justice
_______________________________________________________________________
28 CFR Part 345
Federal Prison Industries (FPI) Inmate Work Programs; Final Rule
Federal Register / Vol. 61, No. 225 / Wednesday, November 20, 1996 /
Rules and Regulations
[[Page 59168]]
DEPARTMENT OF JUSTICE
28 CFR Part 345
[BOP-1060-F]
RIN 1120-AA50
Federal Prison Industries (FPI) Inmate Work Programs: Sick Call
Status
AGENCY: Federal Prison Industries, Inc., Bureau of Prisons, Justice.
ACTION: Final rule.
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SUMMARY: In this document, the Bureau of Prisons is amending its rule
on Federal Prison Industries (FPI) Inmate Work Programs to clarify the
definition of ``FPI Work Status'' with respect to an inmate on sick
call or on medical idle. An inmate on sick call during assigned hours
is now considered to be in FPI work status. This amendment is intended
to provide for administrative consistency in the operation of FPI
inmate work assignments. The proviso pertinent to an inmate on medical
idle due to an FPI work-related injury has been reworded for clarity of
cross reference.
EFFECTIVE DATE: November 20, 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 Federal Prison Industries (FPI) Inmate Work Programs (28
CFR part 345). A final rule on this subject was published in the
Federal Register on March 27, 1995 (60 FR 15827).
Under the previous definition of FPI Work Status in
Sec. 345.11(c)(1), an inmate on sick call was not considered to be in
FPI work status. In order to prevent inconsistencies in interpreting
retention of benefit provisions, the Bureau is reversing this
presumption and is revising paragraph (c)(1) to specify that an inmate
is considered to be in FPI work status if he or she is on sick call
during assigned hours. The status of an inmate on sick call with regard
to retention of benefits is therefore consistent with the status of an
inmate for the first thirty days on medical idle for an FPI work-
related injury.
The work status of an inmate for the first thirty days on medical
idle due to an FPI work-related injury was contingent upon the injury's
being not intentional and not the result of a violation of safety
regulations. This proviso has been reworded in order to refer more
clearly to the pertinent provisions on inmate work safety standards in
Sec. 345.40.
Because this amendment either is editorial in nature or confers a
benefit on its regulated public, 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 (Pub. L. 96-354), does not have a
significant impact on a substantial number of small entities. 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 345
Prisoners.
Kathleen M. Hawk,
Director, Bureau of Prisons, and Commissioner of Federal Prison
Industries.
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 and the Board of Directors, Federal Prison Industries
in 28 CFR 0.96(p) and 0.99, part 345 in chapter III of 28 CFR is
amended as set forth below.
PART 345--FEDERAL PRISON INDUSTRIES (FPI) INMATE WORK PROGRAMS
1. The authority citation for 28 CFR part 345 continues to read as
follows:
Authority: 18 U.S.C. 4126, 28 CFR 0.99, and by resolution of the
Board of Directors of Federal Prison Industries, Inc.
2. In Sec. 345.11, paragraph (c)(1) is revised to read as follows:
Sec. 345.11 Definitions.
* * * * *
(c) * * *
(1) An inmate is in FPI work status if on the job, on sick call
during the inmate's assigned hours, on furlough, on vacation, for the
first thirty days on writ, for the first 30 days in administrative
detention, or for the first 30 days on medical idle for FPI work-
related injury so long as the injury did not result from an intentional
violation by the inmate of work safety standards.
* * * * *
[FR Doc. 96-29640 Filed 11-19-96; 8:45 am]
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