[Federal Register Volume 61, Number 141 (Monday, July 22, 1996)]
[Rules and Regulations]
[Page 38042]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-18554]



[[Page 38041]]


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Part VII





Department of Justice





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Bureau of Prisons



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28 CFR Parts 552 and 571



Hostage Situation Management and Release Preparation Program; 
Regulations Revision; Final Rules

  Federal Register / Vol. 61, No. 141 / Monday, July 22, 1996 / Rules 
and Regulations  
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[[Page 38042]]

DEPARTMENT OF JUSTICE

Bureau of Prisons

28 CFR Part 552

[BOP-1061-F]
RIN 1120-AA55


Hostage Situation Management

AGENCY: Bureau of Prisons, Justice.

ACTION: Final rule.

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SUMMARY: In this document, the Bureau of Prisons is revising its 
regulations on hostage situations to remove unnecessary or redundant 
procedural details. The intent of this amendment is the continued 
secure and efficient operation of the Bureau and its institutions.

EFFECTIVE DATE: July 22, 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, phone (202) 514-6655.

SUPPLEMENTARY INFORMATION: The Bureau of Prisons is amending its 
regulations on hostage situations (28 CFR part 552, subpart D). A final 
rule on this subject was published in the Federal Register on October 
25, 1990 (55 FR 39852).
    The Bureau's regulations on hostage situations previously contained 
details relating to command structure (former Sec. 552.31) and hostage 
family services (former Sec. 552.34). For the reasons discussed below, 
the Bureau believes it unnecessary to retain these provisions in its 
regulations.
    A hostage situation understandably may be considered an 
institutional emergency which poses a threat to human life or safety. 
Provisions in the regulations on the Bureau's purpose and scope in such 
situations (Sec. 552.30), on negotiations (former Sec. 552.32), and on 
regard for orders by captive staff (former Sec. 552.33) may well serve 
to deter the taking of hostages, in so far as those who might so intend 
have notice of the Bureau's resolve. These provisions have therefore 
been recodified as Secs. 552.30 through 552.32. The provisions in 
former Secs. 552.31 and 552.34 on command structure and on hostage 
family services do not serve this same purpose and are therefore deemed 
inappropriate for retention in the regulations. These provisions are 
more appropriately maintained in internal directives which may more 
efficiently respond to the specifics of a particular hostage situation. 
The cross reference provisions in former Sec. 552.35 on the media are 
recodified as Sec. 552.33.
    Because these amendments are administrative in nature and do not 
impose additional 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 (5 U.S.C. 601 et seq.), does not have a 
significant economic impact on a substantial number of small entities, 
within the meaning of the Act. Because this rule pertains to the 
correctional management of offenders committed to the custody of the 
Attorney General or the Director of the Bureau of Prisons, its economic 
impact is limited to the Bureau's appropriated funds.

List of Subjects in 28 CFR Part 552

    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 552 in subchapter C of 28 
CFR, chapter V is amended as set forth below.

SUBCHAPTER C--INSTITUTIONAL MANAGEMENT

PART 552--CUSTODY

    1. The authority citation for 28 CFR part 552 is revised to read as 
follows:

    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), 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. Subpart D of part 552 is revised to read as follows:

Subpart D--Hostage Situation Management

Sec.
552.30  Purpose and scope.
552.31  Negotiations.
552.32  Hostages
552.33  Media.

Subpart D--Hostage Situation Management


Sec. 552.30   Purpose and scope.

    The Bureau of Prisons primary objectives in all hostage situations 
are to safely free the hostage(s) and to regain control of the 
institution.


Sec. 552.31   Negotiations.

    The Warden is not ordinarily involved directly in the negotiation 
process. Instead, this responsibility is ordinarily assigned to a team 
of individuals specifically trained in hostage negotiation techniques.
    (a) Negotiators have no decision-making authority in hostage 
situations, but rather serve as intermediaries between hostage takers 
and command center staff.
    (b) During the negotiation process, the following items are non-
negotiable: release of captors from custody, providing of weapons, 
exchange of hostages, and immunity from prosecution.


Sec. 552.32   Hostages.

    Captive staff have no authority and their directives shall be 
disregarded.


Sec. 552.33   Media.

    The Warden shall assign staff to handle all news releases and news 
media inquiries in accordance with the rule on Contact with News Media 
(see 28 CFR 540.65).

[FR Doc. 96-18554 Filed 7-19-96; 8:45 am]
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