[Federal Register Volume 59, Number 66 (Wednesday, April 6, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-8201]


[[Page Unknown]]

[Federal Register: April 6, 1994]


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Part XI





Department of Justice





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Bureau of Prisons



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28 CFR Part 522, et al.




Control, Custody, Care, Treatment and Instruction of Inmates; Editorial 
Amendments; Final Rule
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DEPARTMENT OF JUSTICE

Bureau of Prisons

28 CFR Parts 522, 545, and 551

[BOP-1021-F]

 
Control, Custody, Care, Treatment and Instruction of Inmates; 
Editorial Amendments

AGENCY: Bureau of Prisons, Justice.

ACTION: Final rule.

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SUMMARY: In this document the Bureau of Prisons is making editorial 
amendments to its regulations in order to update statutory references, 
terminology, and to correct typographical errors.

EFFECTIVE DATE: April 6, 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 for 
editorial purposes its regulations on the Inmate Financial 
Responsibility Program, Non-discrimination Toward Inmates, and Civil 
Contempt of Court Commitments.
    A final rule on the Inmate Financial Responsibility Program (28 CFR 
545.10 to 545.11) was published in the Federal Register May 21, 1991 
(56 FR 23477). This publication contained a typographical error 
(``Court-Ordered restriction'' rather than ``Court-ordered 
restitution'') in Sec. 545.11(a)(2). This document accordingly 
correctly revises that paragraph.
    A final rule on Non-Discrimination Toward Inmates (28 CFR 551.90) 
was published in the Federal Register on April 4, 1980 (45 FR 23366). 
This document amends Sec. 551.90 to use the term ``disability'' instead 
of the term ``handicap''. This amendment is intended to conform to 
terminology used in current statutes.
    A final rule on Civil Contempt of Court Commitments (28 CFR 522.10 
to 522.11) was published in the Federal Register June 29, 1979 (44 FR 
38244). This document amends Sec. 522.11(g) to include reference to 
subsequent statutory citations. This document also revises the 
authority citation for the part for the sake of editorial consistency.
    Because these amendments are editorial 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 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.

List of Subjects in 28 CFR Parts 522, 545, and 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 522 in subchapter B of 28 
CFR, chapter V and parts 545 and 551 in subchapter C of 28 CFR, chapter 
V are 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 is revised to read as 
follows, and all other authority citations in the part are removed:

    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. In Sec. 522.11, paragraph (g) is revised to read as follows:


Sec. 522.11  Procedures.

* * * * *
    (g) An inmate is not entitled to statutory or extra good time 
credits under 18 U.S.C. 4161-62 while only the civil contempt sentence 
is in effect. Nor is an inmate entitled to good conduct time credits 
under 18 U.S.C. 3624(b). Time spent serving only a civil contempt 
sentence is not considered jail time under 18 U.S.C. 3568 or 18 U.S.C. 
3585(b).

SUBCHAPTER C--INSTITUTIONAL MANAGEMENT

PART 545--WORK AND COMPENSATION

    3. The authority citation for 28 CFR part 545 continues to read as 
follows:

    Authority: 5 U.S.C. 301; 18 U.S.C. 3013, 3571, 3621, 3622, 3624, 
3663, 4001, 4042, 4081, 4082 (Repealed in part as to offenses 
committed on or after November 1, 1987), 4126, 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.

    4. In Sec. 545.11, paragraph (a)(2) is revised to read as follows:


Sec. 545.11  Procedures.

* * * * *
    (a) * * *
    (2) Court-ordered restitution;
* * * * *

PART 551--MISCELLANEOUS

    5. The authority citation for 28 CFR part 551 continues 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.

    6. Section 551.90 is amended by revising the first sentence to read 
as follows:


Sec. 551.90  Policy.

    Inmates may not be discriminated against on the basis of race, 
religion, nationality, sex, disability, or political belief. * * *

[FR Doc. 94-8201 Filed 4-5-94; 8:45 am]
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