[Federal Register Volume 63, Number 20 (Friday, January 30, 1998)]
[Rules and Regulations]
[Page 5218]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-2289]



[[Page 5217]]

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Part VI





Department of Justice





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Bureau of Prisons



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28 CFR Parts 541 and 551



Institutional Management; Editorial Amendments; Final Rule

  Federal Register / Vol. 63, No. 20 / Friday, January 30, 1998 / Rules 
and Regulations  

[[Page 5218]]


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DEPARTMENT OF JUSTICE

Bureau of Prisons

28 CFR Parts 541 and 551

[BOP-1074-F]
RIN 1120-AA70


Institutional Management; Editorial Amendments

AGENCY: Bureau of Prisons, Justice.

ACTION: Final rule.

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SUMMARY: In this document, the Bureau of Prisons is amending its 
regulations relating to institutional management to update an 
organizational reference, to make a stylistic correction, and to adjust 
codification. There is no change in the intent of any of the amended 
regulations.

EFFECTIVE DATE: January 30, 1998.

ADDRESSES: Rules Unit, Office of General Counsel, Bureau of Prisons, 
HOLC Room 754, 320 First Street, NW., Washington, DC 20534.

FOR FURTHER INFORMATION CONTACT: Roy Nanovic, Rules Unit, Office of 
General Counsel, Bureau of Prisons, phone (202) 514-6655.

SUPPLEMENTARY INFORMATION: The Bureau of Prisons is amending its 
regulations on marriage of inmates (28 CFR part 551, subpart B). A 
final rule on this subject was published in the Federal Register on 
April 30, 1984 (49 FR 18385) and was amended on October 29, 1993 (58 FR 
58248). When first promulgated, Sec. 551.10 consisted of two 
undesignated paragraphs. In conformance with Office of Federal Register 
recommendations, these two undesignated paragraphs are being combined 
into one paragraph. More specifically, the two sentences of the second 
undesignated paragraph are being designated as the second and third 
sentences of the remaining paragraph.
    The Bureau is also making two editorial amendments to its 
procedures for handling HIV-positive inmates who pose a danger to 
others (28 CFR part 541, subpart E). A final rule on this subject was 
published on March 17, 1989 (54 FR 11323) and was amended on April 27, 
1989 (54 FR 18198) and on July 10, 1991 (56 FR 31530). These 
regulations are being amended to update the references to the 
organization and procedures of the Administrative Remedy Program in 
Secs. 541.65(c) and 541.67(e) and to use the singular rather than the 
plural form of a noun in Sec. 541.63(a).
    Because these amendments are editorial in nature, 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

28 CFR Part 541

    Prisoners.

28 CFR Part 551

    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), parts 541 and 551 in subchapter C 
of 28 CFR, chapter V are amended as set forth below.

SUBCHAPTER C--INSTITUTIONAL MANAGEMENT

PART 541--INMATE DISCIPLINE AND SPECIAL HOUSING UNITS

    1. The authority citation for 28 CFR part 541 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 offenses committed on or after 
November 1, 1987), 4161-4166 (Repealed 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. 541.63  [Amended]

    2. In Sec. 541.63(a), the word ``recommendations'' in the second 
sentence is revised as ``recommendation''.
    3. In Sec. 541.65, paragraph (c) is revised to read as follows:


Sec. 541.65  Regional Director review and appeal.

* * * * *
    (c) An inmate may appeal a decision of the Regional Director, 
through the Administrative Remedy Program, directly to the National 
Inmate Appeals Administrator, Office of General Counsel, within 30 
calendar days of the Regional Director's decision (see 28 CFR 542.15).
    4. In Sec. 541.67, paragraph (e) is revised to read as follows:


Sec. 541.67  Review of controlled housing status.

* * * * *
    (e) An inmate may appeal a decision of the Regional Director, 
through the Administrative Remedy Program, directly to the National 
Inmate Appeals Administrator, Office of General Counsel, within 30 
calendar days of the Regional Director's decision (see 28 CFR 542.15).

PART 551--MISCELLANEOUS

    4. The authority citation for 28 CFR part 551 continues to read as 
follows:

    Authority: 5 U.S.C. 301; 18 U.S.C. 1512, 3621, 3622, 3624, 4001, 
4005, 4042, 4081, 4082 (Repealed in part as to offenses committed on 
or after November 1, 1987), 4161-4166 (Repealed 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; Pub. L. 99-500 (sec. 209); 28 CFR 0.95-0.99; Attorney 
General's August 6, 1991 Guidelines for Victim and Witness 
Assistance.


Sec. 551.10  [Amended]

    5. In Sec. 551.10, designate the text of the undesignated second 
paragraph as the second and third sentences of the first paragraph.

[FR Doc. 98-2289 Filed 1-29-98; 8:45 am]
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