[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]


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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.

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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]
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