[Federal Register Volume 61, Number 61 (Thursday, March 28, 1996)]
[Rules and Regulations]
[Page 13763]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-7527]



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DEPARTMENT OF JUSTICE

Parole Commission

28 CFR Part 2


Paroling, Recommitting, and Supervising Federal Prisoners: 
Original Jurisdiction Cases

AGENCY: Parole Commission, Justice.

ACTION: Final rule.

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SUMMARY: The U.S. Parole Commission is amending the voting quorum 
required for initial parole decisions under 28 CFR 2.17. In addition, 
the appeal from such decisions that is available to prisoners under 28 
CFR 2.27 is replaced by a petition for reconsideration. These are the 
procedures for deciding original jurisdiction cases, which involve high 
profile and extremely serious offenders. The Commission has determined 
that both initial decisions and petitions for reconsideration in these 
cases are appropriately decided by a majority vote of the Commission. 
These changes are necessary in view of the fact that the Commission is 
downsizing, and only four Commissioners are currently holding office.

EFFECTIVE DATE: April 1, 1996.

FOR FURTHER INFORMATION CONTACT: Pamela A. Posch, Office of General 
Counsel, 5550 Friendship Blvd., Chevy Chase, Maryland 20815, Telephone 
(301) 492-5959.

SUPPLEMENTARY INFORMATION: This action changes the quorum of 
Commissioner votes required to decide on original jurisdiction cases, 
in keeping with the reduction in the number of U.S. Parole 
Commissioners from six to four that will become effective April 1, 
1996. The early effective date shown above has been ordered by the 
Commission pursuant to 5 U.S.C. 553(d)(3), and is necessary to permit 
the Commission to continue making its decisions within statutory 
deadlines notwithstanding the reduction in the number of Commissioners 
holding office. This is a procedural change only, and will not 
implicate the merits of any prisoner's case for parole or affect the 
way in which hearings are conducted. Hence, notice and public comment 
is not required. See 5 U.S.C. 553(b)(A). The guidelines at 28 CFR 2.20 
will continue to govern the Commission's decisions to grant, deny, and 
revoke parole.

Implementation

    This procedural rule change will apply to all original jurisdiction 
cases decided under 28 CFR 2.17 or 28 CFR 2.27, after the effective 
date shown above.

Executive Order 12866 and Regulatory Flexibility Statement

    The U.S. Parole Commission has determined that this rule is not a 
significant regulatory action for the purposes of Executive Order 
12866, and the rule has, accordingly, not been reviewed by the Office 
of Management and Budget. The rule will not have a significant economic 
impact upon a substantial number of small entities, within the meaning 
of the Regulatory Flexibility Act, 5 U.S.C. 605(b).

List of Subjects in 28 CFR Part 2

    Administrative practice and procedure, probation and parole, 
prisoners.

The Final Rule

    Accordingly, the U.S. Parole Commission makes the following changes 
to 28 CFR Part 2:

PART 2--[AMENDED]

    (1) The authority citation for 28 CFR Part 2 continues to read as 
follows:

    Authority: 18 U.S.C. 4203(a)(1) and 4204(a)(6).


Sec. 2.17  [Amended]

    (2) 28 CFR Part 2, Sec. 2.17(a) is amended by substituting the 
words ``the concurrence of three votes (or a majority vote of 
Commissioners holding office if such majority is less than three 
Commissioners)'' for the words ``the concurrence of three votes''.
    (3) 28 CFR Part 2, Sec. 2.17(c)(2) is amended by substituting the 
words ``a petition for reconsideration'' for the words ``an appeal''.
    (4) 28 CFR Part 2, Sec. 2.27 is revised to read as follows:


Sec. 2.27  Petition for reconsideration of original jurisdiction 
decisions.

    (a) A petition for reconsideration may be filed with the Commission 
in cases decided under the procedure specified in Sec. 2.17 within 
thirty days of the date of such decision. A form is provided for this 
purpose. A petition for reconsideration will be reviewed at the next 
regularly scheduled meeting of the Commission provided the petition is 
received thirty days in advance of such meeting. Petitions received by 
the Commission less than thirty days in advance of a regularly 
scheduled meeting will be reviewed at the next regularly scheduled 
meeting. The concurrence of three Commissioners (or a majority of 
Commissioners holding office if such majority is less than three 
Commissioners) shall be required to render a decision on a petition for 
reconsideration. In case the required concurrence is not reached, the 
previous decision shall stand. A decision under this rule shall be 
final.
    (b) Attorneys, relatives, and other interested parties who wish to 
submit written information concerning a petition for reconsideration 
should send such information to the National Appeals Board, United 
States Parole Commission, 5550 Friendship Boulevard, Chevy Chase, 
Maryland 20815. Petitions and all supporting material are to be 
submitted thirty days in advance of the meeting at which such petitions 
will be considered.
    (c) If no petition for reconsideration is filed within 30 days of 
the entry of a decision under Sec. 2.17, that decision shall stand as 
the final decision of the Commission.

    Dated: March 15, 1996.
Edward F. Reilly, Jr.,
Chairman, Parole Commission.
[FR Doc. 96-7527 Filed 3-27-96; 8:45 am]
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