[Federal Register Volume 75, Number 55 (Tuesday, March 23, 2010)]
[Rules and Regulations]
[Pages 13680-13681]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-6290]



[[Page 13680]]

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DEPARTMENT OF JUSTICE

Bureau of Prisons

28 CFR Part 571

[BOP-1154-I]
RIN 1120-AB54


Commutation of Sentence: Technical Change

AGENCY: Bureau of Prisons, Justice.

ACTION: Interim rule.

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SUMMARY: This document makes a minor technical change to the Bureau of 
Prisons (Bureau) regulations on sentence commutation to clarify that 
the Bureau staff, who may not be institution-level staff, will 
recalculate the inmate's sentence in accordance with the terms of the 
commutation order if a petition for commutation of sentence is granted.

DATES: Effective Date: March 23, 2010. Comment Date: Written comments 
must be postmarked and electronic comments must be submitted on or 
before May 24, 2010. Commenters should be aware that the electronic 
Federal Docket Management System will not accept comments after 
Midnight Eastern Time on the last day of the comment period.

ADDRESSES: Written 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 
regulation at http://www.regulations.gov. You may also comment 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: 

Posting of Public Comments

    Please note that all comments received are considered part of the 
public record and made available for public inspection online at http://www.regulations.gov. Such information includes personal identifying 
information (such as your name, address, etc.) voluntarily submitted by 
the commenter.
    If you want to submit personal identifying information (such as 
your name, address, etc.) as part of your comment, but do not want it 
to be posted online, you must include the phrase ``PERSONAL IDENTIFYING 
INFORMATION'' in the first paragraph of your comment. You must also 
locate all the personal identifying information you do not want posted 
online in the first paragraph of your comment and identify what 
information you want redacted.
    If you want to submit confidential business information as part of 
your comment but do not want it to be posted online, you must include 
the phrase ``CONFIDENTIAL BUSINESS INFORMATION'' in the first paragraph 
of your comment. You must also prominently identify confidential 
business information to be redacted within the comment. If a comment 
has so much confidential business information that it cannot be 
effectively redacted, all or part of that comment may not be posted on 
http://www.regulations.gov.
    Personal identifying information identified and located as set 
forth above will be placed in the agency's public docket file, but not 
posted online. Confidential business information identified and located 
as set forth above will not be placed in the public docket file. If you 
wish to inspect the agency's public docket file in person by 
appointment, please see the FOR FURTHER INFORMATION CONTACT paragraph.
    The reason that the Bureau is requesting electronic comments before 
Midnight Eastern Time on the day the comment period closes is because 
the inter-agency Regulations.gov/Federal Docket Management System 
(FDMS) which receives electronic comments terminates the public's 
ability to submit comments at Midnight on the day the comment period 
closes. Commenters in time zones other than Eastern may want to take 
this fact into account so that their electronic comments can be 
received. The constraints imposed by the Regulations.gov/FDMS system do 
not apply to U.S. postal comments which will be considered as timely 
filed if they are postmarked before Midnight on the day the comment 
period closes.

Commutation of Sentence: Technical Change

    This document makes a minor technical change to the Bureau 
regulations on sentence commutation to clarify that Bureau staff other 
than institution-level staff will recalculate the inmate's sentence in 
accordance with the terms of the commutation order if a petition for 
commutation of sentence is granted. Specifically, that function is 
currently completed by the Bureau's Designation and Computation Center 
(DSCC), located in Grand Prairie, Texas.
    Previously, the regulation stated that institution staff would be 
responsible for recalculating an inmate's sentence in accordance with 
the terms of a commutation order. However, in 2005, the Bureau 
centralized its designation and sentence computation functions in a new 
Bureau branch, the Designation and Sentence Computation Center, to 
streamline the Bureau's administrative functions and reduce operational 
costs. DSCC staff, not institution staff, make determinations on 
sentence computation issues. The change from ``institution staff'' to 
``Bureau of Prisons staff'' is therefore necessary to accurately 
reflect current Bureau practice while allowing for the possibility that 
these functions may be accomplished by a different Bureau office in the 
future.
    It is important to note that this change to the regulation changes 
none of the substantive requirements or obligations relating to 
petitions for commutation of sentence, nor does it alter the Bureau's 
responsibilities in this regard.

Administrative Procedure Act

    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 technical change. Because this change 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.

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

[[Page 13681]]

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.

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 571 in subchapter D 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.


Sec.  571.41  [Amended]

0
2. In Sec.  571.41, paragraph (c)(1), delete the word ``institutional'' 
and insert the phrase ``Bureau of Prisons'' in its place.

[FR Doc. 2010-6290 Filed 3-22-10; 8:45 am]
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