[Federal Register Volume 70, Number 97 (Friday, May 20, 2005)]
[Rules and Regulations]
[Page 29195]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-10045]


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DEPARTMENT OF JUSTICE

Bureau of Prisons

28 CFR Part 571

[BOP-1108-F]
RIN 1120-AB21


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

AGENCY: Bureau of Prisons, Justice.

ACTION: Final rule.

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SUMMARY: This document finalizes an interim rule which made a minor 
clarifying change to the Bureau of Prisons (Bureau) regulations on 
release gratuities, transportation, and clothing. The rule clarified 
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).

DATES: This rule is effective on June 20, 2005

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: We published this rule as an interim final 
rule on June 9, 2003 (68 FR 34301). We received no comments on this 
rule. We therefore finalize it without change.
    Previously, 28 CFR 571.22 (c) stated 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 rule revises the former rule only to the extent that it 
appeared to conflict with the Bureau's statutory authority. The new 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.''

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 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 571

    Prisoners.

Harley G. Lappin,
Director, Bureau of Prisons.
    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 
adopt as final the interim rule published on June 9, 2003 (68 FR 
34301), without change.

[FR Doc. 05-10045 Filed 5-19-05; 8:45 am]
BILLING CODE 4410-05-P