[Federal Register Volume 67, Number 243 (Wednesday, December 18, 2002)]
[Rules and Regulations]
[Pages 77427-77428]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-31661]


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DEPARTMENT OF JUSTICE

Bureau of Prisons

28 CFR Part 541

[BOP-1083-I]
RIN 1120-AA78


Inmate Discipline: Prohibited Acts: Change in Code Numbers for 
Agency Tracking Purposes Only

AGENCY: Bureau of Prisons, Justice.

ACTION: Interim final rule.

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SUMMARY: This document makes a minor change to a recently published 
Bureau of Prisons (Bureau) final rule on inmate discipline regarding 
violations of the Bureau's telephone policy. Before we published the 
final rule, our prohibited acts code number 406 referred to minor mail 
and telephone infractions (in the existing low moderate severity level 
category prohibited act). When we published our final rule, we wished 
to distinguish minor mail infractions from minor telephone infractions, 
so we created a new code number, 497, for minor telephone infractions. 
Code number 406, therefore, covered only minor mail infractions. 
However, if we use the code number 406 in the Bureau's computer 
tracking system, that code number will retrieve both mail and telephone 
minor infractions, instead of only the mail infractions covered by the 
code number 406. For clarity, therefore, we reserve code number 406 and 
assign the code number 410 to the prohibited act covering minor mail 
infractions. This correction, while maintaining the language of 406, as 
published in the previous rule, only changes the number of that 
prohibited act to 410. We make this change to be able to more 
accurately track specific telephone-related acts using code number 497 
only or mail-related prohibited acts using code number 410 only.

DATES: Effective: December 18, 2002. Comments: Comments by February 18, 
2003.

ADDRESSES: Send comments to the Rules Unit, Office of General Counsel, 
Bureau of Prisons, 320 First Street, NW., Washington, DC 20534.

FOR FURTHER INFORMATION CONTACT: Sarah Qureshi, Office of General 
Counsel, Bureau of Prisons, phone (202) 307-2105.

SUPPLEMENTARY INFORMATION: The Bureau makes this minor correction to 
its final rule published on October 6, 2000 (64 FR 59724), on inmate 
discipline regarding violations of the telephone policies.

Why Are We Making This Rule Change?

    Before we published the October 6th final rule, our prohibited acts 
code number 406 referred to minor mail and telephone infractions (in 
the existing low moderate severity level category prohibited act).
    When we published the October 6th final rule, we wished to 
distinguish minor mail infractions from minor telephone infractions, so 
we created a new code number, 497, for minor telephone infractions. 
Code number 406, therefore, covered only minor mail infractions.
    However, if we use the code number 406 in the Bureau's computer 
tracking system, that code number will retrieve both mail and telephone 
minor infractions, instead of only the mail infractions covered by the 
code number 406.
    For clarity, therefore, we reserve code number 406 and assign the 
code number 410 to the prohibited act covering minor mail infractions. 
This correction, while maintaining the language of 406, as published in 
the previous rule, only changes the number of that prohibited act to 
410. We make this change to be able to more accurately track specific 
telephone-related acts using code number 497 only or mail-related 
prohibited acts using code number 410 only.

Why Are We Making This Change as an Interim Final Rule?

    The Administrative Procedure Act (5 U.S.C. 553) allows exceptions 
to notice-and-comment rulemaking for ``(A)interpretive rules, general 
statements of policy, or rules of agency organization, procedure, or 
practice; or (B) when the agency for good cause finds * * * that notice 
and public procedure thereon are impracticable, unnecessary, or 
contrary to the public interest.''
    This rulemaking is exempt from normal notice-and-comment procedures 
because it is a minor clarification of currently existing Bureau 
policy. We are modifying our rule to enable us to more accurately track 
specific prohibited acts using original prohibited act code numbers in 
our computer tracking system. The language of the prohibited act 
remains the same, only the code number that refers to it changes.
    Because this change reflects current Bureau policy and is a minor 
clarification of current agency procedure and practice, we find that 
normal notice-and-comment rulemaking is unnecessary. We are, however, 
allowing the public to comment on this rule change by publishing it as 
an interim final rule.

Where To Send Comments

    You can send written comments on this rule to the Rules Unit, 
Office of General Counsel, Bureau of Prisons, 320 First Street, NW., 
Washington, DC 20534.
    We will consider comments received during the comment period before 
taking final action. We will try to consider comments received after 
the end of the comment period. In light of comments received, we may 
change the rule.
    We do not plan to have oral hearings on this rule. All the comments 
received remain on file for public inspection at the above address.

Executive Order 12866

    This regulation has been drafted and reviewed in accordance with 
Executive

[[Page 77428]]

Order 12866, ``Regulatory Planning and Review'', section 1(b), 
Principles of Regulation. The Director, Bureau of Prisons has 
determined that this rule is not a ``significant regulatory action'' 
under Executive Order 12866, section 3(f), and accordingly this rule 
has not been reviewed by the Office of Management and Budget.

Executive Order 13132

    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 13132, 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 Sarah Qureshi, Rules Unit, 
Office of General Counsel, Bureau of Prisons, 320 First Street, NW., 
Washington, DC 20534, 202-514-6655.

List of Subjects in 28 CFR Part 541

    Prisoners.

Kathleen Hawk Sawyer,
Director, Bureau of Prisons.

    Under rulemaking authority vested in the Attorney General in 5 
U.S.C. 552(a) and delegated to the Director, Bureau of Prisons, we 
amend part 541 in subchapter C of 28 CFR, chapter V as follows.

Subchapter C--Institutional Management

PART 541--INMATE DISCIPLINE AND SPECIAL HOUSING UNITS

    1. The authority citation for part 541 is revised 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.

    2. In Sec.  541.13, Table 3 is amended by redesignating the text of 
code 406 as 410 under the low moderate category, and adding the phrase 
``(Not to be used)'' after code 406.


Sec.  541.13  Prohibited acts and disciplinary severity scale.

* * * * *

        Table 3.--Prohibited Acts and Disciplinary Severity Scale
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              Code                  Prohibited acts        Sanctions
------------------------------------------------------------------------
 
                                * * * * *
                          LOW MODERATE CATEGORY
------------------------------------------------------------------------

* * * * *
406 (Not to be used)
* * * * *

[FR Doc. 02-31661 Filed 12-17-02; 8:45 am]
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