Inmate control, custody, care, etc.: Aliens; release gratuities, transportation, and clothing,
[Federal Register: October 4, 1999 (Volume 64, Number 191)]
[Proposed Rules]
[Page 53871-53873]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr04oc99-23]
[[Page 53871]]
Part VI
Department of Justice
Bureau of Prisons
28 CFR Part 571
Release Gratuities, Transportation, and Clothing: Aliens; Proposed Rule
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DEPARTMENT OF JUSTICE
Bureau of Prisons
28 CFR Part 571
[BOP-1097-P]
RIN 1120-AA93
Release Gratuities, Transportation, and Clothing: Aliens
AGENCY: Bureau of Prisons, Justice.
ACTION: Proposed rule.
SUMMARY: In this document, the Bureau of Prisons is proposing to amend its regulations on release gratuities, transportation, and clothing to limit the release gratuity available to aliens. Only aliens released to immigration authorities for the purpose of release or transfer to a community corrections center will be provided $10 cash. Aliens being released for the purpose of deportation, exclusion, or removal, or aliens detained or serving 60 days or less in a contract facility will not receive a release gratuity of $10. This amendment is intended to reduce costs by providing the $10 gratuity only to those aliens whom the Bureau determines have a need for a gratuity.
DATES: Comments due by December 3, 1999.
ADDRESSES: Rules Unit, Office of General Counsel, Bureau of Prisons, HOLC Room 754, 320 First Street, NW., Washington, DC 20534.
FOR FURTHER INFORMATION CONTACT: Roy Nanovic, Office of General Counsel, Bureau of Prisons, phone (202) 514-6655.
SUPPLEMENTARY INFORMATION: The Bureau of Prisons is proposing to amend its regulations on release gratuities, transportation, and clothing (28 CFR 571, subpart C). Current regulations on this subject were published in the Federal Register on May 21, 1991 (56 FR 23480) and were amended on September 10, 1996 (61 FR 47795).
Current provisions on release gratuities in Sec. 571.21(e) specify that with the exception of aliens serving 60 days or less in contract facilities, each alien released to immigration authorities is to have $10 cash. The Bureau is proposing that aliens being released for the purpose of deportation, exclusion, or removal not be provided a $10 gratuity. As these inmates are to become the responsibility of the Immigration and Naturalization Service, providing a $10 gratuity from the Bureau is not appropriate.
Interested persons may participate in this proposed rulemaking by submitting data, views, or arguments in writing to the Rules Unit, Office of General Counsel, Bureau of Prisons, 320 First Street, NW., HOLC Room 754, Washington, DC 20534. Comments received during the comment period will be considered before final action is taken. Comments received after the expiration of the comment period will be considered to the extent practicable. All comments received remain on file for public inspection at the above address. The proposed rule may be changed in light of the comments received. No oral hearings are contemplated.
Executive Order 12866
This rule falls within a category of actions that the Office of Management and Budget (OMB) has determined not to constitute ``significant regulatory actions'' under section 3(f) of Executive Order 12866 and, accordingly, it was not reviewed by OMB.
Executive Order 12612
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 responsibilities among the various levels of government. Therefore, in accordance with Executive Order 12612, it is determined 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, in accordance with the Regulatory Flexibility Act (5 U.S.C. 605(b)), has reviewed this regulation and by approving it certifies that this regulation 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.
Plain Language Instructions
We try to write clearly. If you can suggest how to improve the clarity of these regulations, call or write Roy Nanovic at the address listed above.
List of Subjects in 28 CFR Part 571
Prisoners. Kathleen Hawk Sawyer, Director, Bureau of Prisons.
Accordingly, pursuant to the rulemaking authority vested in the Attorney General in 5 U.S.C. 552(a) and delegated to the Director, Bureau of Prisons in 28 CFR 0.96(o), part 551 in subchapter C of 28 CFR, chapter V is proposed to be amended as set forth below.
SUBCHAPTER D--COMMUNITY PROGRAMS AND RELEASE
PART 571--RELEASE FROM CUSTODY
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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.
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In Sec. 571.21, paragraph (e) is revised to read as follows:
Sec. 571.21 Procedures.
* * * * *
(e) Staff will ensure that each alien released to immigration authorities for the purpose of release or transfer to a community corrections center has $10 cash. This provision does not apply to aliens being released for the purpose of deportation, exclusion, or removal, or to
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aliens detained or serving 60 days or less in contract facilities.
[FR Doc. 99-25726Filed10-1-99; 8:45 am]
BILLING CODE 4410-05-P
