[Federal Register Volume 76, Number 227 (Friday, November 25, 2011)]
[Rules and Regulations]
[Page 72623]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-30400]


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DEPARTMENT OF JUSTICE

Bureau of Prisons

28 CFR Part 544

[BOP-1036-F]
RIN 1120-AA33


Literacy Program

AGENCY: Bureau of Prisons, Justice.

ACTION: Final rule.

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SUMMARY: This document finalizes the Bureau's Literacy Program 
regulations, published as an interim rule on September 26, 1997 (62 FR 
50791). The Bureau amended its regulations on the literacy program for 
the sake of clarification or simplification.

DATES: This document is effective December 27, 2011.

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: This document finalizes the Bureau's 
Literacy Program regulations, published as an interim rule on September 
26, 1997 (62 FR 50791). In the interim rule document, the Bureau 
revised its regulations on the literacy program in order to include a 
definition of ``satisfactory progress''. This definition is one 
determinant which is statutorily required for the awarding and/or 
vesting of good conduct time for certain inmates. The interim rule also 
further revised Bureau regulations on the literacy program for the sake 
of clarification or simplification.
    No comments were received during the comment period for the interim 
rule. We therefore finalize the interim rule without change.

Executive Order 12866

    This regulation falls within a category of actions that the Office 
of Management and Budget (OMB) has determined to constitute 
``significant regulatory actions'' under section 3(f) of Executive 
Order 12866 and, accordingly, it was reviewed by OMB.
    The Bureau of Prisons has assessed the costs and benefits of this 
regulation as required by Executive Order 12866 Section 1(b)(6) and has 
made a reasoned determination that the benefits of this regulation 
justify its costs. There will be no new costs associated with this 
regulation.

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 regulation 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 regulation pertains to the correctional management of 
offenders and immigration detainees 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 regulation 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 regulation is not a major rule as defined by Sec.  804 of the 
Small Business Regulatory Enforcement Fairness Act of 1996. This 
regulation 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 540

    Prisoners.

0
Accordingly, the interim rule published on September 26, 1997 (62 FR 
50791) is published as final without change.

Thomas R. Kane,
Acting Director, Bureau of Prisons.
[FR Doc. 2011-30400 Filed 11-23-11; 8:45 am]
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