[Federal Register Volume 68, Number 110 (Monday, June 9, 2003)]
[Rules and Regulations]
[Pages 34301-34302]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-14380]


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DEPARTMENT OF JUSTICE

Bureau of Prisons

28 CFR Part 571

[BOP-1108-I]
RIN 1120-AB21


Clarifying of Release Gratuities--Release Transportation 
Regulations to More Closely Conform to Statutory Provisions

AGENCY: Bureau of Prisons, Justice.

ACTION: Interim final rule.

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SUMMARY: This document makes a minor clarifying change to the Bureau of 
Prisons (Bureau) regulations on release gratuities, transportation, and 
clothing. The amendment will clarify that the Bureau is authorized, 
upon an inmate's release, to provide transportation to an inmate's 
place of conviction or his/her legal residence only within the United 
States, under 18 U.S.C. 3624(d)(3). We intend this clarification to 
remove the misunderstanding that the Bureau is authorized to provide 
transportation outside the United States.

DATES: This rule is effective on June 9, 2003. Please send comments on 
this rulemaking by August 8, 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: 

What Change Are We Making?

    28 CFR 571.22, the current rule on release gratuities, states in 
paragraph (c) that ``[t]ransportation will be provided to an inmate's 
place of conviction, his legal residence within the United States, or 
to other such place as authorized and approved.''
    However, 18 U.S.C. 3624(d)(3) allows only for ``transportation to 
the place of the prisoner's conviction, to the prisoner's bona fide 
residence within the United States, or to such other place within the 
United States as may be authorized by the Director.''
    This clarification will revise the rule only to the extent that our 
rule appears to conflict with the Bureau's statutory authority, and to 
correct any misunderstanding that we may transport inmates outside the 
United States upon their release.
    The new rule text of 28 CFR 571.22(c) correctly states that 
``[t]ransportation will be provided to an inmate's place of conviction 
or legal residence within the United States or its territories.''

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 directly mirror the language of 
the statute authorizing us to transport inmates, upon their release, 
only to areas within the United States.
    Because this change is interpretive in nature, 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.
    The Bureau notes that it published a notice of proposed rulemaking 
to amend its regulations on release gratuities with respect to 
deportable aliens (28 CFR 571, subpart C) on October 4, 1999 (64 FR 
53872) (BOP 1097).
    Although this interim rule (BOP 1108I) amends regulations in the 
same part of the Code of Federal Regulations as were proposed to be 
amended by BOP 1097, it makes no changes to what was proposed by BOP 
1097.

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 Order 12866, ``Regulatory Planning and Review'', section 
1(b), Principles of Regulation. The Director of the 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, 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 section 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

[[Page 34302]]

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 571

    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 part 551 in subchapter C of 28 CFR, chapter V as set forth below.

SUBCHAPTER D--COMMUNITY PROGRAMS AND RELEASE

PART 571--RELEASE FROM CUSTODY

0
1. The authority citation for 28 CFR part 571 continues to read as 
follows:

    Authority: 5 U.S.C. 301; 18 U.S.C. 3565; 3568-3569 (Repealed in 
part as to offenses committed on or after November 1, 1987), 3582, 
3621, 3622, 3624, 4001, 4042, 4081, 4082 (Repealed in part as to 
offenses committed on or after November 1, 1987), 4161-4166 and 
4201-4218 (Repealed as to offenses committed on or after November 1, 
1987), 5006-5024 (Repealed October 12, 1984, as to offenses 
committed after that date), 5031-5042; 28 U.S.C. 509, 510; U.S. 
Const., Art. II, Sec. 2; 28 CFR 0.95-0.99, 1.1-1.10.

0
2. In Sec.  571.22, revise paragraph (c) to read as follows:


Sec.  571.22  Release clothing and transportation.

* * * * *
    (c) Transportation will be provided to an inmate's place of 
conviction or to his/her legal residence within the United States or 
its territories.

[FR Doc. 03-14380 Filed 6-6-03; 8:45 am]
BILLING CODE 4410-05-P