[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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