[Federal Register Volume 68, Number 23 (Tuesday, February 4, 2003)]
[Rules and Regulations]
[Pages 5563-5564]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-2517]


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DEPARTMENT OF JUSTICE

Bureau of Prisons

28 CFR Part 522

[BOP-1110-I]
RIN 1120-AB08


Admission and Orientation Program: Removal From Rules

AGENCY: Bureau of Prisons, Justice.

ACTION: Interim final rule.

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SUMMARY: In this document, the Bureau of Prisons (Bureau) removes its 
rules on the Admission and Orientation Program from the CFR. We intend 
this amendment to streamline our regulations by removing internal 
agency management procedures that need not be stated in regulation.

DATES: This rule is effective February 4, 2003. Please send comments on 
this rulemaking by April 7, 2003.

ADDRESSES: Rules Unit, Office of General Counsel, Bureau of Prisons, 
HOLC Room 754, 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: In this document, the Bureau of Prisons 
(Bureau) removes its rules on the Admission and Orientation Program by 
reserving 28 CFR subpart E. Although we are removing these rules from 
the CFR, they will remain in Bureau policy statements on the Admission 
and Orientation Program.

Why Are We Making This Change?

    We intend this change to streamline our regulations by removing 
internal agency management procedures that need not be stated in 
regulation. In doing this, we will be able to adjust our Admission and 
Orientation program, through policy instead of rules, to allow us to 
provide more current information more quickly to new inmates. Bureau 
policy is a more appropriate vehicle through which to provide 
instruction and guidance to staff.

Admission and Orientation Program Rules

    The three rules in 28 CFR subpart E, Sec. Sec.  522.40, 522.41, and 
522.43 contained descriptions of the Bureau's Admission and Orientation 
Program. Although we are removing these rules from the CFR, we retain 
the language of these rules in our Admission and Orientation policy, 
which is an instructional document for Bureau employees and 
institutional staff.
    Section 522.40 required institutions and staff to ``offer each 
newly committed inmate an orientation to the institution'' which 
includes information on the inmate's rights, responsibilities, 
obligations, and the institution's programs and disciplinary system.
    Section 522.41 delineated Warden and staff responsibility for 
conducting the Admission and Orientation (A&O) program. This section 
required staff involved in the A&O program to develop an outline of 
information to present during A&O and develop written orientation 
materials. This section also instructed staff to monitor inmates with 
significant emotional stress during A&O, so that the institution could 
provide them with appropriate assistance.
    Section 522.42 contained guidelines for institutions' A&O programs, 
including such details as location, activities, and length of the 
program.
    All of these rules consist of our instruction and guidance to 
Bureau staff. These rules relate solely to internal agency management 
and practice, and do not impose obligations or confer any benefits upon 
our regulated entities (the inmates) or the public.

Administrative Procedure Act

    Because procedures relating to agency management are exempt from 
the rulemaking provisions of the Administrative Procedure Act (5 U.S.C. 
553), we are publishing 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 these rules are general statements of policy and relate only to 
internal agency procedure and practice.

[[Page 5564]]

The procedures that were in these regulations will continue to exist, 
unchanged, in our policy statement on the Admission and Orientation 
Program. Any requirement imposed on our staff in these rules will 
remain a Bureau-wide requirement in our policy.
    Because this change maintains current Bureau policy and practice 
while eliminating rule text from the CFR, 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., 
HOLC Room 754, 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 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 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, under Executive Order 13132, 
we determine 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, under the Regulatory 
Flexibility Act (5 U.S.C. 605(b)), reviewed this regulation and by 
approving it certifies that it 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 want to make Bureau documents easier to read and understand. If 
you can suggest how to improve the clarity of these regulations, call 
or write Sarah Qureshi at the telephone number or address listed above.

List of Subjects in 28 CFR Part 522

    Prisoners.

Kathleen Hawk Sawyer,
Director, Bureau of Prisons.

    Under the rulemaking authority vested in the Attorney General in 5 
U.S.C. 552(a) and delegated to the Director, Bureau of Prisons, we are 
amending 28 CFR part 522, chapter V, subchapter B, as follows:

SUBCHAPTER B--INMATE ADMISSION, CLASSIFICATION, AND TRANSFER

PART 522--ADMISSION TO INSTITUTION

    1. Revise the authority citation for 28 CFR part 522 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 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.

Subpart E--[Reserved]

    2. Remove Sec. Sec.  522.40 through 522.42 and reserve Subpart E.

[FR Doc. 03-2517 Filed 2-3-03; 8:45 am]
BILLING CODE 4410-25-P