[Federal Register Volume 68, Number 92 (Tuesday, May 13, 2003)]
[Proposed Rules]
[Pages 25545-25546]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-11539]


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DEPARTMENT OF JUSTICE

Bureau of Prisons

28 CFR Part 513

[BOP-1100-P]
RIN 1120-AA96


Freedom of Information Act and Privacy Act Requests: Removal of 
Rules

AGENCY: Bureau of Prisons, Justice.

ACTION: Proposed rule.

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SUMMARY: The Bureau of Prisons (Bureau) proposes to revise its Freedom 
of Information Act and Privacy Act regulations. We propose to eliminate 
rules pertaining to inmate requests to institutions for information, as 
these regulations pertain to internal agency practice and procedure and 
do not directly relate to the Freedom of Information Act (FOIA) or the 
Privacy Act (PA). We also propose to remove the remainder of our 
regulations regarding PA and FOIA requests for information. These rules 
merely reiterate and paraphrase general Department of Justice FOIA/PA 
regulations in 28 CFR part 16 and are therefore unnecessary in Bureau 
regulations.

DATES: Comments due by July 14, 2003.

ADDRESSES: 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 proposes to amend its regulations 
on the Freedom of Information Act and Privacy Act (28 CFR part 513, 
subpart D). We published current regulations on this subject in the 
Federal Register on December 9, 1996 (61 FR 64950).
    We now propose to eliminate our regulations regarding PA and FOIA 
requests for information (28 CFR 513.30-513-36 and 513.50-68). These 
rules merely reiterate and paraphrase general Department of Justice 
FOIA/PA regulations in 28 CFR part 16 and are not, therefore, necessary 
in Bureau regulations.
    Further, we also propose to eliminate rules pertaining to inmate 
requests (28 CFR 513.40-513.44) to institutions for information, as 
these regulations pertain to internal agency practice and procedure and 
do not directly relate to the Freedom of Information Act (FOIA) or the 
Privacy Act (PA).
    Sections 513.40-513.44 of our current regulations are under the 
undesignated subheading ``Inmate Requests to Institutions for 
Information.'' In this proposed rule, we removed these regulations 
because (1) they largely relate to internal agency procedures and 
directions to institution staff, (2) they cover procedures which are 
and will remain part of current Bureau policy, and (3) by removing 
them, we do not remove an inmate's ability to request information from 
institution staff without filing a FOIA request.
    You can send written comments on this proposed rule to the Rules 
Unit, Office of General Counsel, Bureau of Prisons, 320 First Street, 
NW., Washington, DC 20534.
    We will consider comments we get during the comment period before 
we take final action. If we can, we will try to consider comments we 
get after the end of the comment period. In light of comments we get, 
we may change the proposed rule.
    We do not plan to have oral hearings on this proposed rule. All the 
comments we get remain on file for public inspection at the above 
address.

[[Page 25546]]

Executive Order 12866

    We drafted and reviewed this regulation reviewed in accordance with 
Executive Order 12866, ``Regulatory Planning and Review'', section 
1(b), Principles of Regulation. The Director has determined that this 
rule is not a ``significant regulatory action'' under Executive Order 
12866, section 3(f), and accordingly this rule was not 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 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 513

    Prisoners.

Harley G. Lappin,
Director, Bureau of Prisons.

    Under the rulemaking authority of the Attorney General in 5 U.S.C. 
552(a) and delegated to the Director of the Bureau of Prisons, we 
propose to amend 28 CFR part 513, subpart D, as follows.

SUBCHAPTER A--GENERAL MANAGEMENT AND ADMINISTRATION

PART 513--ACCESS TO RECORDS

    1. Revise the authority citation for 28 CFR part 513 to read as 
follows:

    Authority: 5 U.S.C. 301; 13 U.S.C.; 18 U.S.C. 3621, 3622, 3624, 
4001, 4942, 4081, 4082 (Repealed in part as to conduct occurring on 
or after November 1, 1987), 5006-5024 (Repealed October 12, 1984, as 
to conduct occurring after that date), 5039; 28 U.S.C. 509, 510; 31 
U.S.C. 3711(f); 5 CFR part 297.


Sec. Sec.  513.30-513.68 (Subpart D)  [Removed and reserved]

    2. Remove and reserve Subpart D (Sec. Sec.  513.30-513.68).

[FR Doc. 03-11539 Filed 5-12-03; 8:45 am]
BILLING CODE 4410-05-U