[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]]

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Part IV





Department of Justice





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Bureau of Prisons



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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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