[Federal Register Volume 64, Number 191 (Monday, October 4, 1999)]
[Proposed Rules]
[Pages 53872-53873]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-25726]



[[Page 53871]]

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Part VI





Department of Justice





Justice________________________________________________________________



Bureau of Prisons



_______________________________________________________________________



28 CFR Part 571



Release Gratuities, Transportation, and Clothing: Aliens; Proposed Rule

  Federal Register / Vol. 64, No. 191 / Monday, October 4, 1999 / 
Proposed Rules  

[[Page 53872]]



DEPARTMENT OF JUSTICE

Bureau of Prisons

28 CFR Part 571

[BOP-1097-P]
RIN 1120-AA93


Release Gratuities, Transportation, and Clothing: Aliens

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 release gratuities, transportation, and clothing to 
limit the release gratuity available to aliens. Only aliens released to 
immigration authorities for the purpose of release or transfer to a 
community corrections center will be provided $10 cash. Aliens being 
released for the purpose of deportation, exclusion, or removal, or 
aliens detained or serving 60 days or less in a contract facility will 
not receive a release gratuity of $10. This amendment is intended to 
reduce costs by providing the $10 gratuity only to those aliens whom 
the Bureau determines have a need for a gratuity.

DATES: Comments due by December 3, 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 release gratuities, transportation, and clothing (28 
CFR 571, subpart C). Current regulations on this subject were published 
in the Federal Register on May 21, 1991 (56 FR 23480) and were amended 
on September 10, 1996 (61 FR 47795).
    Current provisions on release gratuities in Sec. 571.21(e) specify 
that with the exception of aliens serving 60 days or less in contract 
facilities, each alien released to immigration authorities is to have 
$10 cash. The Bureau is proposing that aliens being released for the 
purpose of deportation, exclusion, or removal not be provided a $10 
gratuity. As these inmates are to become the responsibility of the 
Immigration and Naturalization Service, providing a $10 gratuity from 
the Bureau is not appropriate.
    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 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 at the address 
listed above.

List of Subjects in 28 CFR Part 571

    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 551 in subchapter C of 28 
CFR, chapter V is proposed to be amended as set forth below.

SUBCHAPTER D--COMMUNITY PROGRAMS AND RELEASE

PART 571--RELEASE FROM CUSTODY

    1. The authority citation for 28 CFR part 571 continues to read as 
follows:

    Authority: 5 U.S.C. 301; 18 U.S.C. 3565; 3568-3569 (Repealed in 
part as to offenses committed on or after November 1, 1987), 3582, 
3621, 3622, 3624, 4001, 4042, 4081, 4082 (Repealed in part as to 
offenses committed on or after November 1, 1987), 4161-4166 and 
4201-4218 (Repealed as to offenses committed on or after November 1, 
1987), 5006-5024 (Repealed October 12, 1984, as to offenses 
committed after that date), 5031-5042; 28 U.S.C. 509, 510; U.S. 
Const., Art. II, Sec. 2; 28 CFR 0.95-0.99, 1.1-1.10.

    2. In Sec. 571.21, paragraph (e) is revised to read as follows:


Sec. 571.21  Procedures.

* * * * *
    (e) Staff will ensure that each alien released to immigration 
authorities for the purpose of release or transfer to a community 
corrections center has $10 cash. This provision does not apply to 
aliens being released for the purpose of deportation, exclusion, or 
removal, or to

[[Page 53873]]

aliens detained or serving 60 days or less in contract facilities.

[FR Doc. 99-25726 Filed 10-1-99; 8:45 am]
BILLING CODE 4410-05-P