[Federal Register Volume 86, Number 177 (Thursday, September 16, 2021)]
[Rules and Regulations]
[Pages 51611-51612]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-19917]


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DEPARTMENT OF JUSTICE

Parole Commission

28 CFR Part 2

[Docket No. USPC-2021-03]
RIN 1104-AA08


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 revising its regulation 
to reopen and advance a parole date to explicitly reference medical and 
compassionate reasons as bases for reopening.

DATES: This regulation is effective September 16, 2021. Comments due on 
or before October 18, 2021.

ADDRESSES: Submit your comments, identified by docket identification 
number USPC-2021-03 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: The Parole Commission's regulation at 28 CFR 
2.15 provides that after the prisoner has served the minimum term, the 
Bureau of Prisons (``BOP'') may petition the Commission to reopen the 
case under 28 CFR 2.28(a) to consider the case for parole prior to the 
date set by the Commission at the initial or review hearing. The 
regulation requires that the BOP's request show cause for earlier 
release and provides examples such as ``an emergency, hardship, or the 
existence of other extraordinary circumstances that would warrant 
consideration of early parole.'' These examples encompass a very broad 
set of circumstances that the Commission could consider, which would 
include illness and aging.
    The Commission is not limited to only considering requests from the 
BOP, the regulation at 28 CFR 2.28(a), which is used for reopening a 
case for favorable information, can be used to consider a request from 
other sources, such as the prisoner or a family member. Revising the 
heading of the regulation will help to highlight its use to consider 
prisoners for compassionate release in addition to the ``favorable 
information'' that the Commission usually considers, such as program 
achievement in the institution. Revising the text of the regulation to 
include medical and other ``extraordinary and compelling'' information 
will broaden the circumstances that the Commission can consider for 
possible advancement of the release date.
    Section 2.28(a) permits advancement of a presumptive parole date to 
an earlier presumptive parole date, advancement of a presumptive parole 
date to an earlier effective parole date, advancement of a continue to 
expiration decision to a presumptive or effective parole date, and 
advancement of a 15-year reconsideration hearing to a presumptive or 
effective parole date without conducting a hearing. The Commissioner 
reopening the decision does have the option of ordering a 
reconsideration hearing to consider this new information.
    The Commission is promulgating this rule as an interim rule and is 
providing a 30-day period for public comment. The revised rule will 
take effect upon publication in the Federal Register.

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 ``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 
they 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). 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 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 amends 28 CFR part 2 as 
follows:

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).

[[Page 51612]]


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2. Revise Sec.  2.28(a) to read as follows:


Sec.  2.28  Reopening of cases.

    (a) Favorable information or information supporting medical parole 
or compassionate release. Upon the receipt of new information of 
substantial significance favorable to the prisoner, including medical 
information, or other extraordinary and compelling information, a 
Commissioner may reopen a case (including an original jurisdiction 
case), and order a special reconsideration hearing on the next 
available docket, or modify the previous decision. The advancement of a 
presumptive release date or a decision to continue to a 15-year 
reconsideration hearing requires the concurrence of two Commissioners.
* * * * *

Patricia K. Cushwa,
Chairman (Acting), U.S. Parole Commission.
[FR Doc. 2021-19917 Filed 9-15-21; 8:45 am]
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