[Federal Register Volume 68, Number 248 (Monday, December 29, 2003)]
[Rules and Regulations]
[Pages 74859-74860]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-31703]


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DEPARTMENT OF JUSTICE

Bureau of Prisons

28 CFR Part 548

[BOP-1105-F]
RIN 1120-AB04


Religious Beliefs and Practices: Nomenclature Change

AGENCY: Bureau of Prisons, Justice.

ACTION: Final rule.

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SUMMARY: The Bureau amends its regulations on religious beliefs and 
practices to rename the special diet with which it accommodates 
inmates' religious dietary practices. The special diet, formerly known 
as the common fare menu, will now be called the religious diet menu. 
This change in name is necessary in order to reflect more equitably the 
variety of faith groups with religious dietary needs.

EFFECTIVE DATE: December 29, 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: The Bureau of Prisons (Bureau) amends its 
regulations on religious beliefs and practices (28 CFR part 548). We 
published a final rule on this subject in the Federal Register on 
September 6, 1995 (60 FR 46486) and amended it on August 22, 1997 (62 
FR 44836).

What Change Is the Bureau Making?

    The Bureau's regulations on religious dietary practices (Sec.  
548.20) note that inmate requests to observe religious dietary 
practices are addressed through a common fare menu or program. The 
Bureau renames the ``common fare menu or program'' as ``the religious 
diet menu or program''.

Why Is the Bureau Making This Change?

    The common fare menu originated in 1983 as a pilot program designed 
to meet the needs of Jewish and Muslim inmates. The menu used food 
acceptable (or ``common'') to both religious groups to meet nutritional 
standards. The number of religious groups within the inmate population 
has increased during the last few years. The increase in the number of 
religious groups has also increased the variety in religious dietary 
needs.

[[Page 74860]]

    In equitably addressing the varied needs of the inmate population, 
we believe that it is more accurate to say that we offer a religious 
diet program rather than a program which emphasizes the commonality of 
a menu for two of the faith groups.
    From a more technical point of view, the change in nomenclature 
will result in the more consistent use in the regulations of the 
phrases ``religious diet menu'' and ``religious diet program''.

Who Does This Change Affect?

    While the regulations apply to Federal inmates housed in Bureau 
facilities, no one is materially affected because the rule merely 
changes the name of a program.
    Because the change is merely a nomenclature change, we find good 
cause for exempting the provisions of the Administrative Procedure Act 
(5 U.S.C. 553) requiring notice of proposed rulemaking, the opportunity 
for public comment, and delay in effective date. If you would like to 
comment, you may submit comments on this rule by writing to the 
previously cited address. We will consider these comments but will not 
respond to them in the Federal Register.

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 Department of Justice 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, in accordance with Executive 
Order 13132, it is determined 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, in accordance with the 
Regulatory Flexibility Act (5 U.S.C. 605(b)), has reviewed this 
regulation and by approving it certifies that this regulation 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.

List of Subjects in 28 CFR Part 548

    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 548 in subchapter C of 28 CFR, chapter V as follows.

SUBCHAPTER C--INSTITUTIONAL MANAGEMENT

PART 548--RELIGIOUS PROGRAMS

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1. The authority citation for 28 CFR part 548 continues 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), 5006-5024 (Repealed October 12, 1984 as to 
offenses committed after that date), 5039; 28 U.S.C. 509, 510; 42 
U.S.C. 1996; 28 CFR 0.95-0.99.


Sec.  548.20  [Amended]

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2. Revise the phrase ``common fare'' in the first and second sentences 
of paragraph (a) and in the first sentence of paragraph (b) to read 
``religious diet''.

[FR Doc. 03-31703 Filed 12-24-03; 8:45 am]
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