[Federal Register Volume 84, Number 163 (Thursday, August 22, 2019)]
[Rules and Regulations]
[Pages 43690-43691]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-17239]



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DEPARTMENT OF JUSTICE

Parole Commission

28 CFR Part 2

[Docket No. USPC-2019-01]


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: Final rule.

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SUMMARY: The United States Parole Commission is amending its 
regulations and eliminating the term ``Executive Hearing Officer'' in 
order to allow for more clarity.

DATES: The regulation is effective August 22, 2019.

FOR FURTHER INFORMATION CONTACT: Helen 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: The United States Parole Commission is 
adopting final rules to amend its rules describing the delegation to 
hearing examiners in Sec.  2.23 and also the hearing procedures for 
prisoners transferred pursuant to treaty in Sec.  2.68. The amendments 
are part of our ongoing effort to make our rules easier to understand 
for those persons affected by the rules and other interested persons 
and organizations.
    More specifically, both of these rule amendments involve the term 
``Executive Hearing Examiner.'' This term is not defined in the 
regulations and is not clearly translatable to the agency. The agency 
has interpreted the term to refer to the role of the person who is 
reviewing the case as the second hearing examiner, and not the actual 
title of a person's position. Therefore, whomever is reviewing the case 
as a second hearing examiner, is considered the Executive Hearing 
Examiner. An amendment of the regulations that removes the reference to 
the Executive Hearing Examiner will help clarify that any of the 
agency's hearing examiners can be the second vote on the hearing 
examiner panel, and there is no requirement for someone with the title 
of Executive Hearing Examiner or a senior hearing examiner to review 
the case before it is submitted to the Commission.

Public Comment

    In the notice of proposed rulemaking, we encourage the public to 
comment on our proposed changes. However, regarding these final rule 
amendments, only the terminology is changed and the term ``Executive 
Hearing Examiner'' is removed for clarity. The way that the actual 
hearings are conducted, and by whom, is not affected by these rule 
amendments. Thus, public comment is not required in this matter and the 
amended rules will take effect upon publication in the Federal 
Register.

Executive Orders 12866 and 13563

    These regulations have 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 
these rules are not a ``significant regulatory action'' under Executive 
Order 12866, section 3(f), Regulatory Planning and Review, and 
accordingly these rules have not been reviewed by the Office of 
Management and Budget.

Executive Order 13132

    These rules 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, these rules do not 
have sufficient federalism implications requiring a Federalism 
Assessment.

Regulatory Flexibility Act

    These rules 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

    These rules 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)

    None of these rules are 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). 
These rules 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, these are 
rules 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 Final Rule

    Accordingly, the U. S. Parole Commission adopts the following 
revisions to 28 CFR part 2 as set forth below:

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.  2.23 to read as follows:


Sec.  2.23  Delegation to hearing examiners.

    (a) There is hereby delegated to hearing examiners the authority 
necessary to conduct hearings and make recommendations relative to the 
grant or denial of parole or reparole, revocation or reinstatement of 
parole or mandatory release, and conditions of parole. Any hearing may 
be conducted by a single examiner or by a panel of examiners. 
Notwithstanding the provisions of Sec. Sec.  2.48 through 2.51, 
Sec. Sec.  2.101 through 2.104 and Sec. Sec.  2.214 through 2.217, 
there is also delegated to hearing examiners the authority necessary to 
make a probable cause finding, to determine the location of a 
revocation hearing, and to determine the witnesses who will attend the 
hearing, including the authority to issue subpoenas for witnesses and 
evidence.
    (b) The concurrence of two examiners shall be required to obtain a 
panel recommendation to the Regional

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Commissioner. A panel recommendation is required in each case decided 
by a Regional Commissioner after the holding of a hearing.
    (c) An examiner panel recommendation exists of two concurring 
examiner votes. In the event of divergent votes, the case shall be 
referred to another hearing examiner for another vote. If concurring 
votes do not result from such a referral, the case shall be referred to 
any available hearing examiner until a panel recommendation is 
obtained.
    3. Revise Sec.  2.68(h)(6) to read as follows:


Sec.  2.68  Prisoners transferred pursuant to treaty.

* * * * *
    (h) * * *
    (6) The transferee shall be notified of the examiner's recommended 
findings of fact, and the examiner's recommended determination and 
reasons therefore, at the conclusion of the hearing. The case shall 
thereafter be reviewed by a second hearing examiner, and the Commission 
shall make its determination upon a panel recommendation.
* * * * *

Patricia K. Cushwa,
Chairman (Acting), U.S. Parole Commission.
[FR Doc. 2019-17239 Filed 8-21-19; 8:45 am]
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