[Federal Register Volume 86, Number 194 (Tuesday, October 12, 2021)]
[Rules and Regulations]
[Pages 56645-56646]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-22241]


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DEPARTMENT OF JUSTICE

Parole Commission

28 CFR Part 2

[Docket No. USPC-2021-06]
RIN 1104-AA11


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 rules 
concerning cases designated as ``Original Jurisdiction'' to eliminate 
the designation, voting, appeal, and early termination of parole 
procedures. After these amendments, cases currently designated as 
``Original Jurisdiction'' will have that designation removed and the 
voting procedures, appeals, and early termination process will proceed 
in the same manner as federal parole cases not previously designated as 
``Original Jurisdiction.''

DATES: Effective October 12, 2021.

FOR FURTHER INFORMATION CONTACT: Gregory Thornton, Assistant General 
Counsel, U.S. Parole Commission, 90 K Street NE, Third Floor, 
Washington, DC 20530, telephone (202) 346-7033. Questions about this 
publication are welcome, but inquiries concerning individual cases 
cannot be answered over the telephone.

SUPPLEMENTARY INFORMATION: Rule 28 CFR 2.17 governs ``Original 
Jurisdiction'' cases. In essence, 28 CFR 2.17 allowed a Regional 
Commissioner to refer high profile or complex cases to the Commission's 
National Commissioners for a majority vote. The purpose of the rule was 
to ensure consistency in Commission decisions while also allowing the 
National Commissioners to set the Commission's national policy. All 
Commissioners are now National Commissioners and there are no longer 
differences in decision making by region. Therefore, the utility of 28 
CFR 2.17 no longer exists.
    Likewise, rule 28 CFR 2.24(b)(1) explains the process for 
designating a case as ``Original Jurisdiction.'' Removing 28 CFR 2.17 
makes this rule meaningless and it must be removed as well.
    Similarly, rule 28 CFR 2.27 governs petitions for reconsideration 
of cases decided under the ``Original Jurisdiction'' procedures stated 
in 28 CFR 2.17. With the amendment to 28 CFR 2.17 which eliminates 
``Original Jurisdiction'' cases after the publication of the final 
rule, there is no further purpose to 28 CFR 2.27. Federal parole 
eligible inmates and parolees will still have the ability to submit an 
administrative appeal pursuant to 28 CFR 2.26.
    Additionally, rule 28 CFR 2.28(a) merely makes reference to 
``Original Jurisdiction'' cases and this amendment removes the 
reference to ``Original Jurisdiction'' cases as that designation no 
longer exists.
    Finally, rule 28 CFR 2.43 governs how the U.S. Parole Commission 
can terminate parole supervision before the date of the expiration of 
the criminal sentence. In particular, 28 CFR 2.43(f) explains that the 
voting procedure for terminating parole supervision early for a case 
designated as ``Original Jurisdiction'' must comply with the 
requirements of 28 CFR 2.17. With the removal of 28 CFR 2.17 which 
eliminates ``Original Jurisdiction'' cases after the publication of the 
final rule, there is no further purpose to 28 CFR 2.43(f) because no 
cases will remain designated as ``Original Jurisdiction.'' Similarly, 
28 CFR 2.43(e) states the procedure for appealing an adverse early 
termination decision and makes reference to the ``Original 
Jurisdiction'' appeal procedure as stated in 28 CFR 2.27. With the rule 
changes eliminating ``Original Jurisdiction'' designations and thus 
``Original Jurisdiction'' voting and appellate procedures, modifying 28 
CFR 2.43(e) and (f) to eliminate reference to ``Original Jurisdiction'' 
procedures is appropriate.
    The amended rules will take effect upon publication in the Federal 
Register and will apply to the cases designated as ``Original 
Jurisdiction'' on the effective date.

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,

[[Page 56646]]

``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 
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)

    These rules are not considered ``major rules'' 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 do 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 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).


Sec.  2.17  [Removed and Reserved]

0
2. Remove and reserve Sec.  2.17.

0
3. Amend Sec.  2.24 by revising paragraph (b) to read as follows:


Sec.  2.24  Review of panel recommendation by the Regional 
Commissioner.

* * * * *
    (b) Upon review of the panel recommendation, the Regional 
Commissioner may also remand the case for a rehearing, with the notice 
of such action specifying the purpose of the rehearing.


Sec.  2.27  [Removed and Reserved]

0
4. Remove and reserve Sec.  2.27.

0
5. Amend Sec.  2.28 by revising paragraph (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, 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.
* * * * *

0
6. Amend Sec.  2.43 by:
0
a. Revising paragraph (e); and
0
b. Removing and reserving paragraph (f).
    The revision reads as follows:


Sec.  2.43  Early termination.

* * * * *
    (e) A parolee may appeal an adverse decision under paragraph (c) of 
this section under Sec.  2.26.
* * * * *

Patricia K. Cushwa,
Chairman (Acting), U.S. Parole Commission.
[FR Doc. 2021-22241 Filed 10-8-21; 8:45 am]
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