[Federal Register Volume 60, Number 1 (Tuesday, January 3, 1995)]
[Rules and Regulations]
[Page 240]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-32239]
[[Page 239]]
_______________________________________________________________________
Part IV
Department of Justice
_______________________________________________________________________
Bureau of Prisons
_______________________________________________________________________
28 CFR Parts 540 and 545
Telephone Regulations and Inmate Financial Responsibility; Final Rule
Federal Register / Vol. 60, No. 1 / Tuesday, January 3, 1995 / Rules
and Regulations
[[Page 240]]
DEPARTMENT OF JUSTICE
Bureau of Prisons
28 CFR Parts 540 and 545
[BOP-1004-F]
RIN 1120-AA06
Telephone Regulations and Inmate Financial Responsibility
AGENCY: Bureau of Prisons, Justice.
ACTION: Final rule; delay of effective date.
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SUMMARY: In this document, the Bureau of Prisons is further postponing
the effective date for provisions in its regulations relating to
limitations on telephone privileges for inmates who have refused
participation in the inmate financial responsibility program. This
action is necessary because of ongoing litigation.
EFFECTIVE DATE: Effective December 28, 1994, the effective date of
Secs. 540.105(c) and 545.11(d)(10) is delayed until January 4, 1996,
and the amendments in this document are effective January 4, 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, telephone (202) 514-6655.
SUPPLEMENTARY INFORMATION: The Bureau of Prisons (``Bureau'') is
further delaying the effective date for certain provisions in its rules
on telephone regulations and on the inmate financial responsibility
program which were published in the Federal Register on April 4, 1994
(59 FR 15812).
In revising its rules on telephone regulations and on the inmate
financial responsibility program, the Bureau delayed the effective date
for provisions in Secs. 540.105(c) and 545.11(d)(10) which imposed
limitations on the telephone privileges of inmates who had refused
participation in the inmate financial responsibility program. These
provisions were to become effective January 3, 1995. Due to ongoing
litigation, the Bureau is further delaying the effective date until
January 4, 1996. This date has been selected in order to allow staff to
plan for an orderly implementation. If this date needs to be further
adjusted because of the ongoing litigation, the Bureau shall publish
such notice in a future issue of the Federal Register.
As published on April 4, 1994, Secs. 540.105(c) and 545.11(d)(10)
included parenthetical references to the delayed effective dates of
those provisions. Emphasizing the delayed effectiveness of these
specific provisions within the regulatory text served a useful purpose
at that time, given the size and complexity of the published final
rule. Because this information is noted editorially in the annually
revised Code of Federal Regulations, the Bureau believes that such
emphasis no longer serves a useful purpose and is therefore removing
this redundant material.
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 has not been reviewed by the Office of Management
and Budget pursuant to E.O. 12866. 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 540 and 545
Prisoners.
Thomas R. Kane,
Acting 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), parts 540 and 545 in subchapter C
of 28 CFR, chapter V are 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, 3013, 3571,
3572, 3621, 3622, 3624, 3663, 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.
Sec. 540.105 [Amended]
2. In Sec. 540.105, paragraph (c) is amended by removing the
concluding parenthetical sentence.
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, 3572, 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.
Sec. 545.11 [Amended]
4. In Sec. 545.11, paragraph (d)(10) is amended by removing the
final parenthetical sentence.
[FR Doc. 94-32239 Filed 12-28-94; 10:55 am]
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