[Federal Register Volume 68, Number 73 (Wednesday, April 16, 2003)]
[Rules and Regulations]
[Pages 18544-18546]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-9310]


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DEPARTMENT OF JUSTICE

Bureau of Prisons

28 CFR Part 501

[BOP-1117-I]
RIN 1120-AB17


Bureau of Prisons Emergencies

AGENCY: Bureau of Prisons, Justice.

ACTION: Interim final rule.

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SUMMARY: The Bureau of Prisons (Bureau) makes this interim final rule 
to clarify that, when there is an institutional or system-wide Bureau 
emergency which the Director or designee, such as a Warden, considers a 
threat to human life or safety, the Director or designee may suspend 
the operation of the rules in this chapter as necessary to handle the 
emergency. This rule clarifies that the Director may suspend Bureau 
rules as needed in light of any emergency affecting the Bureau, and the 
Warden may do so to deal with emergencies at the institution level. 
This rule change clarifying the Director's authority to modify Bureau 
rules to handle emergencies is especially necessary in light of the 
recent terrorist attacks, threats to national security, threats of 
anthrax surrounding mail processing, and other events occurring on and 
after September 11, 2001.

DATES: This rule is effective April 16, 2003. Comments are due by June 
16, 2003.

ADDRESSES: Rules Unit, Office of General Counsel, Bureau of Prisons, 
320

[[Page 18545]]

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 interim final rule to 
clarify that, when there is an institutional or system-wide Bureau 
emergency which the Director or designee, such as a Warden, considers a 
threat to human life or safety, the Director or designee may suspend 
the operation of the rules in this chapter as necessary to handle the 
emergency. This rule clarifies that the Director may suspend Bureau 
rules as needed in light of any emergency affecting the Bureau, and the 
Warden may do so to deal with emergencies at the institution level. 
This rule change clarifying the Director's authority to modify Bureau 
rules to handle emergencies is especially necessary in light of the 
recent terrorist attacks, threats to national security, threats of 
anthrax surrounding mail processing, and other events occurring on and 
after September 11, 2001.
    Previously, 28 CFR 501.1 stated that, when there is an 
institutional emergency which the Warden considers a threat to human 
life or safety, the Warden may suspend the operation of the rules 
contained in this chapter to the extent he deems necessary to handle 
the emergency. The rule also required the Warden to notify the Director 
within eight hours of any suspension of rules under this section. This 
rule change simply clarifies that the authority to suspend operation of 
Bureau rules to handle an institutional or system-wide Bureau emergency 
originates with the Director.
    To provide additional safeguards against indefinite suspension of 
Bureau rules, this rule also requires that, if the Warden suspends 
operation of the rules, the Warden must, within eight hours of the 
suspension, notify the Director by providing written documentation 
which (1) Describes the institutional emergency that threatens human 
life or safety; and (2) explains why suspension of the rules is 
necessary to handle the institutional emergency.
    Also, if the Warden does not provide the Director with written 
justification for suspension every 30 days, or if the Director so 
chooses for any other reason, suspension of the rules to handle the 
institutional emergency ceases.

Administrative Procedure Act

    This rule relates to a matter of agency management or personnel, 
and is therefore exempt from the usual requirements of prior notice and 
comment. See 5 U.S.C. 553(a)(2).

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 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 501

    Prisoners.

Harley G. Lappin,
Director, Bureau of Prisons.

0
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 
amend 28 CFR part 501 as follows.

SUBCHAPTER A--GENERAL MANAGEMENT AND ADMINISTRATION

PART 501--SCOPE OF RULES

0
1. Revise the authority citation for 28 CFR part 501 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.

0
2. Revise Sec.  501.1 to read as follows:


Sec.  501.1  Bureau of Prisons emergencies.

    (a) Suspension of rules during an emergency. The Director of the 
Bureau of Prisons (Bureau) may suspend operation of the rules in this 
chapter as necessary to handle an institutional emergency or an 
emergency affecting the Bureau. When there is an institutional 
emergency which the Director or Warden considers a threat to human life 
or safety, the Director or Warden may suspend the operation of the 
rules in this chapter as necessary to handle the emergency.
    (b) Responsibilities of the Warden.--

[[Page 18546]]

    (1) Notifying the Director. If the Warden suspends operation of the 
rules, the Warden must, within eight hours of the suspension, notify 
the Director by providing written documentation which:
    (i) Describes the institutional emergency that threatens human life 
or safety; and
    (ii) Sets forth reasons why suspension of the rules is necessary to 
handle the institutional emergency.
    (2) Submitting certification to Director of continuing emergency. 
30 days after the Warden suspends operation of the rules, and every 30 
days thereafter, the Warden must submit to the Director written 
certification that an institutional emergency threatening human life or 
safety and warranting suspension of the rules continues to exist. If 
the Warden does not submit this certification to the Director, or if 
the Director so orders at any time, the suspension of the rules will 
cease.

[FR Doc. 03-9310 Filed 4-15-03; 8:45 am]
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