[Federal Register Volume 59, Number 249 (Thursday, December 29, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-32120]


[[Page Unknown]]

[Federal Register: December 29, 1994]


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Part VIII





Department of Justice





Bureau of Prisons



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28 CFR Part 527




Military and Coast Guard Offenders; Rescission; Final Rule
DEPARTMENT OF JUSTICE

Bureau of Prisons

28 CFR Part 527

[BOP-1022-F]

 
Military and Coast Guard Offenders; Rescission

AGENCY: Bureau of Prisons, Justice.

ACTION: Final rule.

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SUMMARY: In this document, the Bureau of Prisons is rescinding its 
regulations on Military and Coast Guard Inmates because the provisions 
contained in these regulations are sufficiently expressed in pertinent 
statutes and agreements, and consequently do not need to be restated as 
regulations.

EFFECTIVE DATE: December 29, 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 rescinding its 
regulations on Military and Coast Guard Inmates (28 CFR 527.10). A 
final rule on this subject was published in the Federal Register June 
29, 1979 (44 FR 38247).
    In accordance with E.O. 12866, the Bureau of Prisons is reviewing 
its regulations for the purpose of ensuring that it promulgates only 
such regulations as are required by law, are necessary to interpret the 
law, or are made necessary by compelling public need. The Bureau has 
determined that provisions for military and Coast Guard inmates are 
sufficiently expressed in the pertinent statutes and agreements, and 
that consequently there is no need to restate these provisions in 
Bureau regulations.
    Section 527.10 had stated that the Bureau of Prisons will accept a 
military or Coast Guard inmate recommended for transfer to an 
institution if, after examination of all available information, the 
Bureau can provide appropriate resources for the inmate's needs. The 
section specified that such inmates were subject to the same discipline 
and treatment as other inmates, and provided information regarding 
sentence computation and clemency eligibility.
    Section 858 of title 10 of the United States Code explicitly 
authorizes the confinement of persons adjudged by a court-martial or 
other military tribunal in, among other places, any penal or 
correctional institution under the control of the United States. This 
same section also states, in part, that persons so confined are subject 
to the same discipline and treatment as persons confined or committed 
by the courts of the United States.
    Sentence computation for military inmates remains the 
responsibility of military authority, as do the award or disallowance 
of Military Abatement Good Time, and the forfeiture, disallowance, or 
restoration of Military Good Time. Pursuant to agreement with military 
authorities, military and Coast Guard prisoners are eligible for 
clemency consideration from their respective branch of service. 
Additional information in Sec. 527.10 merely acknowledged the Bureau's 
discretion to enter into an agreement with the appropriate military 
authority.
    Because this rescission imposes 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 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 52 is revised 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.

Subpart B--[Removed and Reserved]

    2. Subpart B, consisting of Sec. 527.10, is removed and reserved.

[FR Doc. 94-32120 Filed 12-28-94; 8:45 am]
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