[Federal Register Volume 64, Number 114 (Tuesday, June 15, 1999)]
[Rules and Regulations]
[Pages 32170-32171]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-15130]


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DEPARTMENT OF JUSTICE

Bureau of Prisons

28 CFR Part 540

RIN 1120-AA69
[BOP-1073-F]


Correspondence: Return Address

AGENCY: Bureau of Prisons, Justice.

ACTION: Final Rule.

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SUMMARY: This rule modifies the Bureau of Prisons rule on 
Correspondence in order to ensure that return address information on an 
envelope used for outgoing inmate correspondence will be completely and 
consistently filled out by the inmate. This amendment is intended to 
provide for the continued secure and efficient operation of the 
institution.

EFFECTIVE DATE: July 15, 1999.

ADDRESSES: Office of General Counsel, Bureau of Prisons, HOLC Room 754, 
320 First Street, NW., Washington, D.C. 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 correspondence (28 CFR part 540, subpart B). A final 
rule on this subject was published October 1, 1985 (50 FR 40109) and 
was amended February 1, 1991 (56 FR 4159), December 18, 1995 (61 FR 
65204).
    Current provisions in Sec. 540.12(d) state that an inmate shall 
ensure that each of the inmate's outgoing envelopes contains that 
inmate's name and register number, P.O. Box, city, state, and zip code. 
Section 540.11 repeats this information. Envelopes provided for inmate 
use may contain the name of the institution. In order to ensure 
consistency, the Bureau is revising Sec. 540.12(d) to specify that 
return address information on envelopes provided by the institution is 
completely filled out by the inmate, and that the same return address 
information is included on any envelope used by the inmate which was 
not provided by the institution. Sections 540.11 and 540.21(b) are 
amended to include a reference to this requirement rather than a 
restatement of the requirement.
    Because this amendment is administrative in nature, the Bureau 
finds good cause for making this amendment effective without notice of 
proposed rulemaking. Members of the public may submit comments 
concerning this rule by writing to the previously cited address. 
Comments received will be considered, but will receive no response in 
the Federal Register.

Executive Order 12866

    This rule falls within a category of actions that the Office of 
Management and Budget (OMB) has determined not to constitute 
``significant regulatory actions'' under section 3(f) of Executive 
Order 12866 and, accordingly, it was not reviewed by OMB.

Executive Order 12612

    This regulation will not have substantial direct effects on the 
States, on the relationship between the national government and the 
States, or on distribution of power and responsibilities among the 
various levels of government. Therefore, in accordance with Executive 
Order 12612, it is determined that this rule does not have sufficient 
federalism implications to warrant the preparation of a Federalism 
Assessment.

Regulatory Flexibility Act

    The Director of the Bureau of Prisons, in accordance with the 
Regulatory Flexibility Act (5 U.S.C. 605(b)), has reviewed this 
regulation and by approving it certifies that this regulation will not 
have a significant economic impact upon a substantial number of small 
entities for the following reasons: 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, and its 
economic impact is limited to the Bureau's appropriated funds.

Unfunded Mandates Reform Act of 1995

    This rule will not result in the expenditure by State, local and 
tribal governments, in the aggregate, or by the private sector, of 
$100,000,000 or more in any one year, and it will not significantly or 
uniquely affect small governments. Therefore, no actions were deemed 
necessary under the provisions of the Unfunded Mandates Reform Act of 
1995.

Small Business Regulatory Enforcement Fairness Act of 1996

    This rule is not a major rule as defined by Sec. 804 of the Small 
Business Regulatory Enforcement Fairness Act of 1996. This rule will 
not result in an annual effect on the economy of $100,000,000 or more; 
a major increase in costs or prices; or significant adverse effects on 
competition, employment, investment, productivity, innovation, or on 
the ability of United States-based companies to compete with foreign-
based companies in domestic and export markets.

Plain Language Instructions

    We try to write clearly. If you can suggest how to improve the 
clarity of these regulations, call or write Roy Nanovic, Rules Unit, 
Office of General Counsel, Bureau of Prisons, 320 First St., 
Washington, DC 20534; telephone (202) 514-6655.

List of Subjects in 28 CFR Part 540

    Prisoners.
Kathleen Hawk Sawyer,
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(o), part 540 in subchapter C of 28 
CFR, chapter V is amended as set forth below.

[[Page 32171]]

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, 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; Public Law 104-208, Section 614 (110 Stat. 3009); 28 CFR 
0.95-0.99.
    2. Section 540.11 is amended by revising the third sentence to read 
as follows:


Sec. 540.11  Mail depositories.

    * * * Each item placed in a mail depository must contain a return 
address (see Sec. 540.12(d)).
    3. In Sec. 540.12, paragraph (d) is revised to read as follows:


Sec. 540.12  Controls and procedures.

* * * * *
    (d) The inmate is responsible for filling out the return address 
completely on envelopes provided for the inmate's use by the 
institution. If the inmate uses an envelope not provided by the 
institution, the inmate is responsible for ensuring that the envelope 
used contains all return address information listed on the envelope 
provided by the institution.
    4. In Sec. 540.21, paragraph (b) is amended by revising the second 
sentence to read as follows:


Sec. 540.21  Payment of postage.

* * * * *
    (b) * * * Inmates who use their own envelopes must place a return 
address on the envelope (see Sec. 540.12(d)).
[FR Doc. 99-15130 Filed 6-14-99; 8:45 am]
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