[Federal Register Volume 68, Number 75 (Friday, April 18, 2003)]
[Rules and Regulations]
[Pages 19149-19150]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-9596]


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DEPARTMENT OF JUSTICE

Bureau of Prisons

28 CFR Part 551

[BOP-1002-F]
RIN 1120-AA03


Public Works and Community Service Projects

AGENCY: Bureau of Prisons, Justice.

ACTION: Final rule.

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SUMMARY: This document finalizes Bureau of Prisons (Bureau) interim 
rules on volunteer community service projects. Volunteer community 
service projects provide for the public good. They are developed by 
local government or by a non-profit charitable organization for Bureau 
approval. This rule provides for inmates' voluntary participation in a 
volunteer community service project. We intend this rule to promote the 
public interest and provide for the security and good order of the 
institution by reducing inmate idleness.

EFFECTIVE DATE: May 19, 2003.

ADDRESSES: 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: In this document, the Bureau finalizes its 
regulations in 28 CFR part 551, subpart F, on Public Works and 
Community Service Projects. We published this rule in the Federal 
Register as an interim rule on January 19, 1993 (58 FR 5210).
    Under the interim rule, a volunteer community service project 
provides for the public good, in keeping with the overall goals of the 
community, such as community-wide beautification and public safety. The 
project must be developed by local government or by a non-profit 
charitable organization for Bureau approval. A community service 
project is not a work assignment. Any inmate who chooses to participate 
does so voluntarily, and may not receive performance pay for 
participation in the project.
    Existing Bureau regulations provide for inmate monetary 
contributions to an international, national, or local organization, 
including political parties, so long as the contribution does not 
violate any law or regulation (see 28 CFR 551.50). This amendment 
expands this policy by specifying how an inmate may choose to make a 
contribution of time and effort through participation in an approved 
volunteer community service project. The charitable activity resulting 
from participation in a volunteer community service project may not 
impair contracts for services in the community.
    We published this rule as an interim final rule on January 19, 1993 
(58 FR 5210). Since we received no comments on this rule, we are 
publishing it as final, without change.

Executive Order 12866

    This regulation has been drafted and reviewed in accordance with 
Executive 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. Under Executive Order 13132, this rule 
does not have sufficient federalism implications for which we would 
prepare 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. By 
approving it, the Director certifies

[[Page 19150]]

that it will not have a significant economic impact upon a substantial 
number of small entities because: This rule is about 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 cause State, local and tribal governments, or 
the private sector, to spend $100,000,000 or more in any one year, and 
it will not significantly or uniquely affect small governments. We do 
not need to take action under 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.

List of Subjects in 28 CFR Part 551

    Prisoners.

Harley G. Lappin,
Director, Bureau of Prisons.
    Accordingly, for the reasons discussed above, we adopt as final the 
interim final rule published on January 19, 1993 (58 FR 5210), without 
change.
[FR Doc. 03-9596 Filed 4-17-03; 8:45 am]
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