[Federal Register Volume 76, Number 179 (Thursday, September 15, 2011)]
[Proposed Rules]
[Pages 57012-57013]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-23687]


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DEPARTMENT OF JUSTICE

Bureau of Prisons

28 CFR Part 524

[BOP-AB60-P]
RIN 1120-AB60


Progress Reports Rules Revision

AGENCY: Bureau of Prisons, Justice.

ACTION: Proposed rule.

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SUMMARY: In this document, the Bureau of Prisons (Bureau) proposes to 
remove from regulations and/or modify two types of progress reports: 
Transfer reports and triennial reports.

DATES: Comments are due by November 14, 2011.

ADDRESSES: Submit comments 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 the 
Bureau 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: 

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 Additional Information'' paragraph.
    In this document, the Bureau proposes to remove from regulations 
and/or modify two types of progress reports: Transfer reports and 
triennial reports.
    Section 524.41, entitled ``Types of progress reports,'' lists 
several types of progress reports prepared for non-Bureau entities, 
such as for parole hearings, pre-release, final (prepared 90 days 
before an inmate's release to a term of supervision), and for other 
reasons (such as upon court request or a clemency review). The current 
regulations also identify two types of progress reports that were 
primarily intended for internal Bureau purposes: Those prepared when 
inmates transfer to community confinement or another institution, and 
those prepared triennially if not more frequently done for any other 
reason.
    Transfer Reports. The current regulations define ``transfer 
report'' as one prepared on an inmate recommended and/or approved for 
transfer to community confinement or to another institution and whose 
progress has not been summarized within the previous 180 days. The 
Bureau proposes to modify this definition to indicate that transfer 
reports will only be prepared on inmates transferring to non-Bureau 
facilities.
    Current Bureau practice and advances in technology have obviated 
the need to prepare a specific paper report when an inmate is 
transferred between Bureau facilities. When an inmate is transferred, 
all pertinent information regarding the progress of an inmate being 
transferred has already been updated in the Bureau's computer system, 
which staff may access at all Bureau facilities and in community 
confinement. It is, therefore, unnecessary for a separate and specific 
progress report to be prepared by staff at the transferring Bureau 
facility for staff at the receiving Bureau facility, when receiving 
facility staff can easily access this information themselves.
    However, when an inmate is transferring outside the Bureau, to a 
state facility, non-Bureau community confinement, or other non-Bureau 
facility, staff at that facility may not have access to the Bureau's 
computer system. Therefore, it would be necessary for Bureau staff to 
prepare a transfer report detailing an inmate's progress in the Bureau 
facility for the benefit of staff at the non-Bureau facility.
    Triennial Reports. The Bureau also proposes to delete triennial 
reports as a type of progress report. Current regulations state that a 
progress report will be prepared on each designated inmate at least 
once every 36 months if not previously generated for another reason.
    Before the development of this internal Bureau computer information 
network, triennial reports were a necessary tool used to provide staff 
with specific inmate information. As explained above, however, current 
Bureau practice and advances in technology have obviated the need to 
prepare a specific progress report every 36 months, because all 
information regarding an inmate's progress is continually updated in 
the Bureau's computer system, which staff may access at all Bureau 
facilities.

Executive Order 12866

    This rule falls within a category of actions that the Office of 
Management

[[Page 57013]]

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, 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 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 524

    Prisoners.

Thomas R. Kane,
Acting Director, Bureau of Prisons.

    Under rulemaking authority vested in the Attorney General in 5 
U.S.C. 552(a) and delegated to the Director, Bureau of Prisons, we 
propose to amend 28 CFR part 524 as set forth below.

PART 524--CLASSIFICATION OF INMATES

SUBCHAPTER B--INMATE ADMISSION, CLASSIFICATION, AND TRANSFER

    1. The authority citation for 28 CFR part 524 continues to read as 
follows:

    Authority:  5 U.S.C. 301; 18 U.S.C. 3521-3528, 3621, 3622, 3624, 
4001, 4042, 4046, 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; 21 U.S.C. 
848; 28 U.S.C. 509, 510.

    2. In Sec.  524.41, remove paragraphs (d) and (e), redesignate 
paragraph (f) as paragraph (e), and add a new paragraph (d) to read as 
follows:


Sec.  524.41  Types of progress reports.

* * * * *
    (d) Transfer report--prepared on an inmate transferring to any non-
Bureau facility.
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[FR Doc. 2011-23687 Filed 9-14-11; 8:45 am]
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