[Federal Register Volume 61, Number 176 (Tuesday, September 10, 1996)]
[Rules and Regulations]
[Pages 47795-47796]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-23044]


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DEPARTMENT OF JUSTICE

Bureau of Prisons

28 CFR Part 544

[BOP-1031-F]
RIN 1129-AA44


Education Tests: Minimum Standards for Administration, 
Interpretation, and Use

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 Minimum Standards for Administration, Interpretation, 
and Use of Education Tests. Guidelines established by test publishers 
are adequate for the administrative processing of education tests. 
Because correctional management issues pertinent to specific education 
programs are covered by separate Bureau regulations, there is no need 
to maintain duplicative regulatory provisions for education test 
standards.

EFFECTIVE DATE: September 10, 1996.

ADDRESSES: Office of General Counsel, Bureau of Prisons, HOLC Room 754, 
320

[[Page 47796]]

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 minimum standards for the administration, 
interpretation, and use of education tests (28 CFR part 544, subpart 
B). A final rule on this subject was last published in the Federal 
Register February 21, 1990 (55 FR 6178).
    In accordance with E.O. 12866, the Bureau 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 separately stated regulations on minimum standards for 
the administration, interpretation, and use of education tests are no 
longer necessary. Applicability provisions contained in Sec. 544.11 are 
duplicated in the regulations for specific education programs such as 
the literacy program (28 CFR part 544, subpart H) or English-as-a-
Second Language program (28 CFR part 544, subpart E). Test procedures 
specified in Sec. 544.12 either are covered by guidelines established 
by the test providers themselves or may be handled by staff as strictly 
administrative matters. Revisions to the regulations for the literacy 
program have made obsolete the provisions in Sec. 544.13 on the 
consequences of a refusal to take the Adult Basic Level Examination or 
other standardized test.
    Because this rescission imposes no new restrictions on inmates and 
provides the Bureau with the flexibility to implement administrative 
procedures related to education tests, 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 544

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

SUBCHAPTER C--INSTITUTIONAL MANAGEMENT

PART 544--EDUCATION

    1. The authority citation for 28 CFR part 544 continues 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 conduct occurring on or after 
November 1, 1987), 5006-5024 (Repealed October 12, 1984 as to 
conduct occurring after that date), 5039; 28 U.S.C. 509, 510; 28 CFR 
0.95-0.99.


Sec. 544.10--544.13  (Subpart B)--[Removed and Reserved]

    2. Subpart B consisting of Secs. 544.10 through 544.13 is removed 
and reserved.

[FR Doc. 96-23044 Filed 9-9-96; 8:45 am]
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