[Federal Register Volume 64, Number 143 (Tuesday, July 27, 1999)]
[Proposed Rules]
[Pages 40718-40719]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-19067]



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Part VII





Department of Justice





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Bureau of Prisons



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28 CFR Part 540



Correspondence: Inspection of Outgoing General Correspondence; Proposed 
Rule

  Federal Register / Vol. 64, No. 143 / Tuesday, July 27, 1999 / 
Proposed Rules  

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DEPARTMENT OF JUSTICE

Bureau of Prisons

28 CFR Part 540

[BOP 1094-P]
RIN 1120-AA89


Correspondence: Inspection of Outgoing General Correspondence

AGENCY: Bureau of Prisons, Justice.

ACTION: Proposed rule.

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SUMMARY: In this document, the Bureau of Prisons is proposing to amend 
its regulations on correspondence to require that outgoing inmate 
general correspondence at all institutions may not be sealed and may be 
read and inspected by staff. This amendment is intended to provide for 
the continued efficient and secure operation of the institution and to 
protect the public. This amendment does not apply to special mail.

DATES: Comments due by September 27, 1999.

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, Office of General 
Counsel, Bureau of Prisons, phone (202) 514-6655.

SUPPLEMENTARY INFORMATION: The Bureau of Prisons is proposing to amend 
its regulations on correspondence (28 CFR part 540, subpart B). Current 
regulations on this subject were published in the Federal Register on 
October 1, 1985 (50 FR 40109) and were amended on February 1, 1991 (56 
FR 4159), and on December 18, 1995 (61 FR 65204).
    Current provisions on general correspondence specify that outgoing 
general mail from inmates in a minimum or low security level 
institution may be sealed by the inmate and sent out unopened and 
uninspected under certain circumstances. Outgoing general mail from 
inmates in medium, high, and administrative facilities may not be 
sealed by the inmate and is subject to inspection. As part of a general 
review of security measures at Bureau institutions, the Bureau is 
proposing to require that general mail from all inmates, regardless of 
institution security level, be sent out unsealed and subject to 
inspection. Special mail is unaffected by this amendment.
    The Bureau believes that inspection of outgoing mail from inmates 
in minimum or low security level institutions is consistent with the 
application of other Bureau policies pertaining to contacts with the 
public. This amendment serves to ensure the secure operation of all 
institutions by reducing the potential for inmates to use sealed mail 
for criminal activity.
    Interested persons may participate in this proposed rulemaking by 
submitting data, views, or arguments in writing to the Rules Unit, 
Office of General Counsel, Bureau of Prisons, 320 First Street, NW., 
HOLC Room 754, Washington, DC 20534. Comments received during the 
comment period will be considered before final action is taken. 
Comments received after the expiration of the comment period will be 
considered to the extent practicable. All comments received remain on 
file for public inspection at the above address. The proposed rule may 
be changed in light of the comments received. No oral hearings are 
contemplated.

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 section 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 at the address 
given above.

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(p), part 540 in subchapter C of 28 
CFR, chapter V is proposed to be amended as set forth below.

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, 28 CFR 0.95-0.99.

    2. In Sec. 540.14, paragraph (b) is revised, paragraph (c) is 
removed, and paragraph (d) is redesignated as new paragraph (c).


Sec. 540.14  General correspondence.

* * * * *
    (b) Except for ``special mail,'' all outgoing mail from an inmate 
(whether sentenced or unsentenced) may not be

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sealed by the inmate and may be read and inspected by staff.
* * * * *
[FR Doc. 99-19067 Filed 7-26-99; 8:45 am]
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