[Federal Register Volume 70, Number 213 (Friday, November 4, 2005)]
[Rules and Regulations]
[Pages 67090-67091]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-21966]


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DEPARTMENT OF JUSTICE

Bureau of Prisons

28 CFR Parts 503, 542, and 543

[BOP-1136-I]
RIN 1120-AB36


Bureau of Prisons Central Office, Regional Offices, Institutions, 
and Staff Training Centers: Removal of Addresses From Rules

AGENCY: Bureau of Prisons, Justice.

ACTION: Interim rule.

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SUMMARY: In this document, the Bureau of Prisons (Bureau) removes its 
rules listing the addresses of Bureau facilities in each of its 
regions. We will replace these rules with a short description of the 
Bureau's structure, the address of the Bureau's Central Office, and a 
reference to the Bureau's internet address containing current and 
frequently updated contact information on Bureau facilities and 
Regional Offices. This change will enable the Bureau to more quickly 
and accurately provide updated contact information to members of the 
public, in light of frequently changing circumstances.

DATES: This rule is effective November 4, 2005. Please send comments on 
this rulemaking by January 3, 2006.

ADDRESSES: Our e-mail address is [email protected]. Comments should be 
submitted to the Rules Unit, Office of General Counsel, Bureau of 
Prisons, 320 First Street, NW., Washington, DC 20534. You may view an 
electronic version of this rule at http://www.regulations.gov. You may 
also comment via the Internet to BOP at [email protected] or by using 
the http://www.regulations.gov comment form for this regulation. When 
submitting comments electronically you must include the BOP Docket No. 
in the subject box.

FOR FURTHER INFORMATION CONTACT: Sarah Qureshi, Office of General 
Counsel, Bureau of Prisons, phone (202) 307-2105.

SUPPLEMENTARY INFORMATION: In this document, the Bureau of Prisons 
removes its rules listing the addresses of Bureau facilities in each of 
its regions. We will replace these rules with a short description of 
the Bureau's structure, the address of the Bureau's Central Office, and 
a reference to the Bureau's Web site containing current and frequently 
updated contact information on Bureau facilities and Regional Offices.
    This change will enable the Bureau to more quickly and accurately 
provide updated contact information to members of the public, in light 
of frequently changing circumstances. Before 1990, the Bureau published 
lists of the addresses of its facilities as Notices in the Federal 
Register. On July 23, 1990, we published the list of addresses as a 
federal rule (55 FR 29990). We amended it in 1991 (56 FR 31531), 1992 
(57 FR 53822), 1993 (58 FR 44428), and 1998. Frequently changing 
circumstances have made it difficult to quickly update the list of 
addresses. Between 1998 (the date this rule was last amended) and 
March, 2005, the number of Bureau facilities grew from 93 to 113. This 
rule change would allow the Bureau to reference our Web site, which we 
can update far more quickly and accurately, for the most current 
addresses and other contact information of all Bureau facilities.

Administrative Procedure Act

    The Administrative Procedure Act (5 U.S.C. 553(b)(3)(B)) allows 
exceptions to notice-and-comment rulemaking ``when the agency for good 
cause finds * * * that notice and public procedure thereon are 
impracticable, unnecessary, or contrary to the public interest.'' 
Further, section 553(d) provides an exception to the usual requirement 
of a delayed effective date when an agency finds ``good cause'' that 
the rule be made immediately effective.
    This rulemaking is exempt from normal notice-and-comment procedures 
because advance notice and public comment in this instance is 
unnecessary. This is an administrative rule insignificant in impact and 
inconsequential to the public. The rule merely eliminates a long list 
of non-current addresses and replaces them with a reference to a 
publicly accessible and more accurate source. This rulemaking makes no 
change to any rights or responsibilities of the agency or any regulated 
entities. For the same reasons, the Bureau finds that ``good cause'' 
exists to make this rule effective upon publication.
    Nevertheless, the Bureau invites public comment on this interim 
rule.

Executive Order 12866

    This rule falls within a category of actions that the Office of 
Management and Budget (OMB) has determined not to constitute 
``significant regulatory actions'' under section 3(f) of Executive 
Order 12866 and, accordingly, it was not reviewed by OMB.

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. This rule will enable the Bureau to more quickly and 
accurately provide updated contact information to members of the public 
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.

[[Page 67091]]

List of Subjects

28 CFR Part 503

    Prisoners.

28 CFR Part 542

    Administrative practice and procedure, Prisoners.

28 CFR Part 543

    Claims, Lawyers, Legal services, Prisoners.

Harley G. Lappin,
Director, Bureau of Prisons.

0
Under rulemaking authority vested in the Attorney General in 5 U.S.C 
301; 28 U.S.C. 509, 510 and delegated to the Director, Bureau of 
Prisons in 28 CFR 0.96, we propose to amend 28 CFR chapter V as set 
forth below.

Subchapter A--General Management and Administration

0
1. Revise part 503 to read as follows:

PART 503--BUREAU OF PRISONS CENTRAL OFFICE, REGIONAL OFFICES, 
INSTITUTIONS AND STAFF TRAINING CENTERS

    Authority: 5 U.S.C. 301; 18 U.S.C. 3621, 3622, 3624, 4001, 4003, 
4042, 4081, 4082 (Repealed in part as to offenses committed on or 
after November 1, 1987), 4161-4166 (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.


Sec.  503.1  Structure of the Bureau of Prisons.

    The Bureau of Prisons consists of a Central Office, located at 320 
First Street, NW., Washington, DC 20534, a Staff Training Center, and 
six Regional Offices (Northeast, Mid-Atlantic, Southeast, North 
Central, South Central, and Western). For further information, please 
contact the Central Office at the address referenced, or visit 
www.bop.gov for a complete list of contact information for Bureau 
Regional Offices and facilities.

Subchapter C--Institutional Management

PART 542--ADMINISTRATIVE REMEDY

0
2. The authority citation for 28 CFR part 542 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.


Sec.  542.15  [Amended]

0
3. In Sec.  542.15(b)(3), delete the phrase ``for addresses of the 
Central Office and Regional Offices'' in the parenthetical in the final 
sentence and insert ``for information on locating Bureau addresses'' in 
its place.

Subchapter C--Institutional Management

PART 543--LEGAL MATTERS

0
4. The authority citation for 28 CFR part 543 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, 
1346(b), 2671-80, 28 CFR 0.95-0.99, 0.172, 14.1-11.


0
5. In Sec.  543.31(c), revise the last sentence to read as follows:


Sec.  543.31  Filing a claim.

* * * * *
    (c) * * * 28 CFR part 503 contains information on locating Bureau 
of Prisons addresses.

[FR Doc. 05-21966 Filed 11-3-05; 8:45 am]
BILLING CODE 4410-05-P