[Federal Register Volume 75, Number 55 (Tuesday, March 23, 2010)]
[Rules and Regulations]
[Pages 13680-13681]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-6290]
[[Page 13680]]
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DEPARTMENT OF JUSTICE
Bureau of Prisons
28 CFR Part 571
[BOP-1154-I]
RIN 1120-AB54
Commutation of Sentence: Technical Change
AGENCY: Bureau of Prisons, Justice.
ACTION: Interim rule.
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SUMMARY: This document makes a minor technical change to the Bureau of
Prisons (Bureau) regulations on sentence commutation to clarify that
the Bureau staff, who may not be institution-level staff, will
recalculate the inmate's sentence in accordance with the terms of the
commutation order if a petition for commutation of sentence is granted.
DATES: Effective Date: March 23, 2010. Comment Date: Written comments
must be postmarked and electronic comments must be submitted on or
before May 24, 2010. Commenters should be aware that the electronic
Federal Docket Management System will not accept comments after
Midnight Eastern Time on the last day of the comment period.
ADDRESSES: Written comments should be submitted to the Rules Unit,
Office of General Counsel, Bureau of Prisons, 320 First Street, NW.,
Washington, DC 20534. You may view an electronic version of this
regulation at http://www.regulations.gov. You may also comment by using
the http://www.regulations.gov comment form for this regulation. When
submitting comments electronically you must include the BOP Docket No.
in the subject box.
FOR FURTHER INFORMATION CONTACT: Sarah Qureshi, Office of General
Counsel, Bureau of Prisons, phone (202) 307-2105.
SUPPLEMENTARY INFORMATION:
Posting of Public Comments
Please note that all comments received are considered part of the
public record and made available for public inspection online at http://www.regulations.gov. Such information includes personal identifying
information (such as your name, address, etc.) voluntarily submitted by
the commenter.
If you want to submit personal identifying information (such as
your name, address, etc.) as part of your comment, but do not want it
to be posted online, you must include the phrase ``PERSONAL IDENTIFYING
INFORMATION'' in the first paragraph of your comment. You must also
locate all the personal identifying information you do not want posted
online in the first paragraph of your comment and identify what
information you want redacted.
If you want to submit confidential business information as part of
your comment but do not want it to be posted online, you must include
the phrase ``CONFIDENTIAL BUSINESS INFORMATION'' in the first paragraph
of your comment. You must also prominently identify confidential
business information to be redacted within the comment. If a comment
has so much confidential business information that it cannot be
effectively redacted, all or part of that comment may not be posted on
http://www.regulations.gov.
Personal identifying information identified and located as set
forth above will be placed in the agency's public docket file, but not
posted online. Confidential business information identified and located
as set forth above will not be placed in the public docket file. If you
wish to inspect the agency's public docket file in person by
appointment, please see the FOR FURTHER INFORMATION CONTACT paragraph.
The reason that the Bureau is requesting electronic comments before
Midnight Eastern Time on the day the comment period closes is because
the inter-agency Regulations.gov/Federal Docket Management System
(FDMS) which receives electronic comments terminates the public's
ability to submit comments at Midnight on the day the comment period
closes. Commenters in time zones other than Eastern may want to take
this fact into account so that their electronic comments can be
received. The constraints imposed by the Regulations.gov/FDMS system do
not apply to U.S. postal comments which will be considered as timely
filed if they are postmarked before Midnight on the day the comment
period closes.
Commutation of Sentence: Technical Change
This document makes a minor technical change to the Bureau
regulations on sentence commutation to clarify that Bureau staff other
than institution-level staff will recalculate the inmate's sentence in
accordance with the terms of the commutation order if a petition for
commutation of sentence is granted. Specifically, that function is
currently completed by the Bureau's Designation and Computation Center
(DSCC), located in Grand Prairie, Texas.
Previously, the regulation stated that institution staff would be
responsible for recalculating an inmate's sentence in accordance with
the terms of a commutation order. However, in 2005, the Bureau
centralized its designation and sentence computation functions in a new
Bureau branch, the Designation and Sentence Computation Center, to
streamline the Bureau's administrative functions and reduce operational
costs. DSCC staff, not institution staff, make determinations on
sentence computation issues. The change from ``institution staff'' to
``Bureau of Prisons staff'' is therefore necessary to accurately
reflect current Bureau practice while allowing for the possibility that
these functions may be accomplished by a different Bureau office in the
future.
It is important to note that this change to the regulation changes
none of the substantive requirements or obligations relating to
petitions for commutation of sentence, nor does it alter the Bureau's
responsibilities in this regard.
Administrative Procedure Act
The Administrative Procedure Act (5 U.S.C. 553) allows exceptions
to notice-and-comment rulemaking for ``(A) interpretive rules, general
statements of policy, or rules of agency organization, procedure, or
practice; or (B) when the agency for good cause finds * * * that notice
and public procedure thereon are impracticable, unnecessary, or
contrary to the public interest.''
This rulemaking is exempt from normal notice-and-comment procedures
because it is a minor technical change. Because this change is a minor
clarification of current agency procedure and practice, we find that
normal notice-and-comment rulemaking is unnecessary. We are, however,
allowing the public to comment on this rule change by publishing it as
an interim final rule.
Executive Order 12866
This regulation has been drafted and reviewed in accordance with
Executive Order 12866, ``Regulatory Planning and Review'', section
1(b), Principles of Regulation. The Director of the Bureau of Prisons
has determined that this rule is not a ``significant regulatory
action'' under Executive Order 12866, section 3(f), and accordingly
this rule has not been reviewed by the Office of Management and Budget.
Executive Order 13132
This regulation will not have substantial direct effects on the
States, on the relationship between the national government and the
States, or on distribution of power and
[[Page 13681]]
responsibilities among the various levels of government. Therefore,
under Executive Order 13132, we determine that this rule does not have
sufficient federalism implications to warrant the preparation of a
Federalism Assessment.
Regulatory Flexibility Act
The Director of the Bureau of Prisons, under the Regulatory
Flexibility Act (5 U.S.C. 605(b)), reviewed this regulation and by
approving it certifies that it will not have a significant economic
impact upon a substantial number of small entities for the following
reasons: This rule pertains to the correctional management of offenders
committed to the custody of the Attorney General or the Director of the
Bureau of Prisons, and its economic impact is limited to the Bureau's
appropriated funds.
Unfunded Mandates Reform Act of 1995
This rule will not result in the expenditure by State, local and
tribal governments, in the aggregate, or by the private sector, of
$100,000,000 or more in any one year, and it will not significantly or
uniquely affect small governments. Therefore, no actions were deemed
necessary under the provisions of the Unfunded Mandates Reform Act of
1995.
Small Business Regulatory Enforcement Fairness Act of 1996
This rule is not a major rule as defined by Sec. 804 of the Small
Business Regulatory Enforcement Fairness Act of 1996. 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
competition, employment, investment, productivity, innovation, or on
the ability of United States-based companies to compete with foreign-
based companies in domestic and export markets.
List of Subjects in 28 CFR Part 571
Prisoners.
Harley G. Lappin,
Director, Bureau of Prisons.
0
Under the rulemaking authority vested in the Attorney General in 5
U.S.C. 552(a) and delegated to the Director, Bureau of Prisons, we
amend part 571 in subchapter D of 28 CFR, chapter V as set forth below.
Subchapter D--Community Programs and Release
PART 571--RELEASE FROM CUSTODY
0
1. The authority citation for 28 CFR part 571 continues to read as
follows:
Authority: 5 U.S.C. 301; 18 U.S.C. 3565; 3568-3569 (Repealed in
part as to offenses committed on or after November 1, 1987), 3582,
3621, 3622, 3624, 4001, 4042, 4081, 4082 (Repealed in part as to
offenses committed on or after November 1, 1987), 4161-4166 and
4201-4218 (Repealed as to offenses committed on or after November 1,
1987), 5006-5024 (Repealed October 12, 1984, as to offenses
committed after that date), 5031-5042; 28 U.S.C. 509, 510; U.S.
Const., Art. II, Sec. 2; 28 CFR 0.95-0.99, 1.1-1.10.
Sec. 571.41 [Amended]
0
2. In Sec. 571.41, paragraph (c)(1), delete the word ``institutional''
and insert the phrase ``Bureau of Prisons'' in its place.
[FR Doc. 2010-6290 Filed 3-22-10; 8:45 am]
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