[Federal Register Volume 83, Number 224 (Tuesday, November 20, 2018)]
[Rules and Regulations]
[Pages 58500-58501]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-25104]
-----------------------------------------------------------------------
DEPARTMENT OF JUSTICE
Parole Commission
28 CFR Part 2
[Docket No. USPC-2018-02]
Paroling, Recommitting, and Supervising Federal Prisoners:
Prisoners Serving Sentences Under the United States and District of
Columbia Codes
AGENCY: United States Parole Commission, Justice.
ACTION: Interim rule with request for comments.
-----------------------------------------------------------------------
SUMMARY: The United States Parole Commission is amending its rule
allowing hearings by videoconference to include parole termination
hearings.
DATES: This regulation is effective November 20, 2018. Comments due on
or before January 22, 2019.
ADDRESSES: Submit your comments, identified by docket identification
number USPC-2018-02 by one of the following methods:
1. Federal eRulemaking Portal: http://www.regulations.gov. Follow
the online instructions for submitting comments.
2. Mail: Office of the General Counsel, U.S. Parole Commission,
attention: USPC Rules Group, 90 K Street NE, Washington, DC 20530.
FOR FURTHER INFORMATION CONTACT: Helen H. Krapels, General Counsel,
U.S. Parole Commission, 90 K Street NE, Third Floor, Washington, DC
20530, telephone (202) 346-7030. Questions about this publication are
welcome, but inquiries concerning individual cases cannot be answered
over the telephone.
SUPPLEMENTARY INFORMATION: Since early 2004, the Parole Commission has
been conducting some parole proceedings by videoconference to reduce
travel costs and conserve the time and effort of its hearing examiners,
and cut down on delays in scheduling in-person hearings. The Commission
originally initiated the use of videoconference in parole release
hearings as a pilot project and then extended the use of
videoconferencing to institutional revocation hearings and probable
cause hearings. Using videoconference for termination hearings is a
natural progression in the use of this technology. The hearings are
informal administrative proceedings and there is little value in having
the hearing examiner and the offender appear in person.
There are several benefits to using videoconferencing for parole
termination hearings, which are conducted pursuant to 28 CFR 2.43(c)
and 2.95(c). Videoconferencing will save time and expense for travel,
which will allow the hearing examiner to make the best use of his or
her time in the office. The examiner will have access to documents in
the parolee's file and can quickly resolve problems or answer
questions. Videoconference may offer the possibility of more
expeditious hearings and decisions regarding the disposition of the
case.
The Commission is promulgating this rule as an interim rule in
order to determine the utility of the videoconference procedure for
parole termination hearings and is providing a 60-day period for the
public to comment on the use of the procedure for such hearings.
The amended rule will take effect upon publication in the Federal
Register and will apply to termination hearings conducted on or after
the effective date.
Executive Orders 12866 and 13563
This regulation has been drafted and reviewed in accordance with
Executive Order 12866, ``Regulation Planning and Review,'' section
1(b), Principles of Regulation, and in accordance with Executive Order
13565, ``Improving Regulation and Regulatory Review,'' section 1(b),
General Principles of Regulation. The Commission has determined that
this rule is not a
[[Page 58501]]
``significant regulatory action'' under Executive Order 12866, section
3(f), Regulatory Planning and Review, and accordingly this rule has not
been reviewed by the Office of Management and Budget.
Executive Order 13132
This rule will not have substantial direct effects on the States,
on the relationship between the national government and the States, or
on the distribution of power and responsibilities among the various
levels of government. Under Executive Order 13132, this rule does not
have sufficient federalism implications requiring a Federalism
Assessment.
Regulatory Flexibility Act
This rule will not have a significant economic impact upon a
substantial number of small entities within the meaning of the
Regulatory Flexibility Act, 5 U.S.C. 605(b).
Unfunded Mandates Reform Act of 1995
This rule will not cause State, local, or tribal governments, or
the private sector, to spend $100,000,000 or more in any one year, and
it will not significantly or uniquely affect small governments. No
action under the Unfunded Mandates Reform Act of 1995 is necessary.
Small Business Regulatory Enforcement Fairness Act of 1996 (Subtitle
E--Congressional Review Act)
This rule is not a ``major rule'' as defined by Section 804 of the
Small Business Regulatory Enforcement Fairness Act of 1996 Subtitle E--
Congressional Review Act, now codified at 5 U.S.C. 804(2). The 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 the ability of United States-based companies to compete with
foreign-based companies. Moreover, this is a rule of agency practice or
procedure that does not substantially affect the rights or obligations
of non-agency parties, and does not come within the meaning of the term
``rule'' as used in Section 804(3)(C), now codified at 5 U.S.C.
804(3)(C). Therefore, the reporting requirement of 5 U.S.C. 801 does
not apply.
List of Subjects in 28 CFR Part 2
Administrative practice and procedure, Prisoners, Probation and
parole.
The Interim Rule
Accordingly, the U.S. Parole Commission is adopting the following
amendment to 28 CFR part 2:
PART 2--[AMENDED]
0
1. The authority citation for 28 CFR part 2 continues to read as
follows:
Authority: 18 U.S.C. 4203(a)(1) and 4204(a)(6).
0
2. Revise Sec. 2.25 to read as follows:
Sec. 2.25 Hearings by videoconference.
The Commission may conduct a parole determination hearing
(including a rescission hearing), a probable cause hearing, an
institutional revocation hearing, and a parole termination hearing by
videoconference between the hearing examiner and the prisoner or
releasee.
Patricia K. Cushwa,
Chairman (Acting), U.S. Parole Commission.
[FR Doc. 2018-25104 Filed 11-19-18; 8:45 am]
BILLING CODE 4410-31-P