[Federal Register Volume 59, Number 24 (Friday, February 4, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-2600]


[[Page Unknown]]

[Federal Register: February 4, 1994]


_______________________________________________________________________

Part IV





Department of Justice





_______________________________________________________________________



Bureau of Prisons



_______________________________________________________________________



28 CFR Part 551




Control, Custody, Care, Treatment and Instruction of Inmates; Emergency 
Signaling Devices and Victim/Witness Notification; Rule
DEPARTMENT OF JUSTICE

Bureau of Prisons

28 CFR Part 551

 
Control, Custody, Care, Treatment and Instruction of Inmates; 
Emergency Signaling Devices and Victim/Witness Notification

AGENCY: Bureau of Prisons, Justice.

ACTION: Final Rule.

-----------------------------------------------------------------------

SUMMARY: In this document, the Bureau of Prisons is removing from its 
regulations provisions regarding emergency signaling devices and 
unnecessary references to statutory and departmental authority. 
Provisions for placement of emergency signaling devices are adequately 
covered in the National Fire Code (NFC) standards. Adherence to NFC 
standards, the provision of 24-hour staff coverage, and the conditions 
of confinement in Bureau institutions obviate the need for further 
regulation on emergency signaling devices. References to statutory and 
departmental authority for victim and/or witness notification are being 
incorporated into the authority citation for the part and are therefore 
removed from the regulations. These amendments are editorial in nature 
and represent no change in Bureau policy.

EFFECTIVE DATE: February 4, 1994.

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 Emergency Signaling Devices--Inmate Housing Units and on 
Victim and/or Witness Notification. A final rule on Emergency Signaling 
Devices was published in the Federal Register on June 1, 1983 (48 FR 
24625), and a final rule on Victim and/or Witness Notification was 
published April 30, 1984 (49 FR 18386) and was amended February 21, 
1990 (55 FR 6178).
    All Bureau institutions conform to applicable standards of the 
National Fire Code, which include provision for the placement of 
emergency signaling devices in all institution housing units. Bureau 
regulations in 28 CFR 551.140 had stipulated that such devices be 
accessible to inmates in locked dormitories which do not have 24-hour 
staff coverage and in housing units with rooms or cells (both single 
and multiple occupancy) lacking 24-hour staff coverage. The only Bureau 
institutions with dormitories or housing units which do not have 24-
hour staff coverage are in Federal Prison Camps. Staff coverage is 
provided in these units at night and at other times when inmates are 
permitted in their quarters. Because of the lessened security needs in 
Federal Prison Camps, dormitories and housing units in these 
institutions are not locked. Consequently, the provisions in 
Sec. 551.140 serve no practical purpose and are therefore being 
removed.
    Bureau regulations in 28 CFR 551.150 include references to the 
Victim and Witness Protection Act of 1982 and to the Attorney General's 
guidelines for victim and witness assistance. These references are more 
appropriately placed in the authority citation for the part and are 
accordingly removed from the text of the regulation. The newly revised 
authority citation for 28 CFR part 551, which already included 
reference to the pertinent provisions of the Victim and Witness 
Protection Act of 1982 (18 U.S.C. 1512), now includes reference to the 
most recent revision of the Attorney General's guidelines for victim 
and witness assistance.
    Because these amendments are administrative in nature and impose no 
new restrictions on 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 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.

List of Subjects in 28 CFR Part 551

    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 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 part 551 is revised 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.

Subpart L--[Removed and Reserved]

    2. Subpart L, consisting of Sec. 551.140, is removed and reserved.


Sec. 551.150  [Amended]

    3. Section 551.150 is amended by removing the second sentence.

[FR Doc. 94-2600 Filed 2-3-94; 8:45 am]
BILLING CODE 4410-05-P