Bureau of Prisons Central Office, Regional Offices, Institutions, and Staff Training Centers: Removal of Addresses From Rules, 67090-67091 [05-21966]

Download as PDF 67090 Federal Register / Vol. 70, No. 213 / Friday, November 4, 2005 / Rules and Regulations (l) Other officers or employees of the Department or the United States who are delegated the authority as provided in 8 CFR 2.1 to issue warrants of arrest. * * * * * Dated: October 17, 2005. Michael Chertoff, Secretary of Homeland Security. [FR Doc. 05–21980 Filed 11–3–05; 8:45 am] BILLING CODE 4410–10–P DEPARTMENT OF JUSTICE Bureau of Prisons 28 CFR Parts 503, 542, and 543 [BOP–1136–I] RIN 1120–AB36 Bureau of Prisons Central Office, Regional Offices, Institutions, and Staff Training Centers: Removal of Addresses From Rules Bureau of Prisons, Justice. Interim rule. AGENCY: ACTION: SUMMARY: In this document, the Bureau of Prisons (Bureau) removes its rules listing the addresses of Bureau facilities in each of its regions. We will replace these rules with a short description of the Bureau’s structure, the address of the Bureau’s Central Office, and a reference to the Bureau’s internet address containing current and frequently updated contact information on Bureau facilities and Regional Offices. This change will enable the Bureau to more quickly and accurately provide updated contact information to members of the public, in light of frequently changing circumstances. DATES: This rule is effective November 4, 2005. Please send comments on this rulemaking by January 3, 2006. ADDRESSES: Our e-mail address is BOPRULES@BOP.GOV. 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 rule at https://www.regulations.gov. You may also comment via the Internet to BOP at BOPRULES@BOP.GOV or by using the https://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. VerDate Aug<31>2005 11:57 Nov 03, 2005 Jkt 208001 In this document, the Bureau of Prisons removes its rules listing the addresses of Bureau facilities in each of its regions. We will replace these rules with a short description of the Bureau’s structure, the address of the Bureau’s Central Office, and a reference to the Bureau’s Web site containing current and frequently updated contact information on Bureau facilities and Regional Offices. This change will enable the Bureau to more quickly and accurately provide updated contact information to members of the public, in light of frequently changing circumstances. Before 1990, the Bureau published lists of the addresses of its facilities as Notices in the Federal Register. On July 23, 1990, we published the list of addresses as a federal rule (55 FR 29990). We amended it in 1991 (56 FR 31531), 1992 (57 FR 53822), 1993 (58 FR 44428), and 1998. Frequently changing circumstances have made it difficult to quickly update the list of addresses. Between 1998 (the date this rule was last amended) and March, 2005, the number of Bureau facilities grew from 93 to 113. This rule change would allow the Bureau to reference our Web site, which we can update far more quickly and accurately, for the most current addresses and other contact information of all Bureau facilities. SUPPLEMENTARY INFORMATION: Administrative Procedure Act The Administrative Procedure Act (5 U.S.C. 553(b)(3)(B)) allows exceptions to notice-and-comment rulemaking ‘‘when the agency for good cause finds * * * that notice and public procedure thereon are impracticable, unnecessary, or contrary to the public interest.’’ Further, section 553(d) provides an exception to the usual requirement of a delayed effective date when an agency finds ‘‘good cause’’ that the rule be made immediately effective. This rulemaking is exempt from normal notice-and-comment procedures because advance notice and public comment in this instance is unnecessary. This is an administrative rule insignificant in impact and inconsequential to the public. The rule merely eliminates a long list of noncurrent addresses and replaces them with a reference to a publicly accessible and more accurate source. This rulemaking makes no change to any rights or responsibilities of the agency or any regulated entities. For the same reasons, the Bureau finds that ‘‘good cause’’ exists to make this rule effective upon publication. Nevertheless, the Bureau invites public comment on this interim rule. PO 00000 Frm 00006 Fmt 4700 Sfmt 4700 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 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 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. This rule will enable the Bureau to more quickly and accurately provide updated contact information to members of the public 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 § 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 foreignbased companies in domestic and export markets. E:\FR\FM\04NOR1.SGM 04NOR1 Federal Register / Vol. 70, No. 213 / Friday, November 4, 2005 / Rules and Regulations Regional Offices’’ in the parenthetical in the final sentence and insert ‘‘for information on locating Bureau addresses’’ in its place. List of Subjects 28 CFR Part 503 Prisoners. 28 CFR Part 542 Administrative practice and procedure, Prisoners. Subchapter C—Institutional Management 28 CFR Part 543 Claims, Lawyers, Legal services, Prisoners. I PART 543—LEGAL MATTERS 4. The authority citation for 28 CFR part 543 continues to read as follows: Harley G. Lappin, Director, Bureau of Prisons. Under rulemaking authority vested in the Attorney General in 5 U.S.C 301; 28 U.S.C. 509, 510 and delegated to the Director, Bureau of Prisons in 28 CFR 0.96, we propose to amend 28 CFR chapter V as set forth below. I 5. In § 543.31(c), revise the last sentence to read as follows: I § 543.31 Subchapter A—General Management and Administration I Authority: 5 U.S.C. 301; 18 U.S.C. 3621, 3622, 3624, 4001, 4042, 4081, 4082 (Repealed in part as to offenses committed on or after November 1, 1987), 5006–5024 (Repealed October 12, 1984, as to offenses committed after that date), 5039; 28 U.S.C. 509, 510, 1346(b), 2671–80, 28 CFR 0.95–0.99, 0.172, 14.1–11. Filing a claim. * 1. Revise part 503 to read as follows: PART 503—BUREAU OF PRISONS CENTRAL OFFICE, REGIONAL OFFICES, INSTITUTIONS AND STAFF TRAINING CENTERS * * * * (c) * * * 28 CFR part 503 contains information on locating Bureau of Prisons addresses. [FR Doc. 05–21966 Filed 11–3–05; 8:45 am] BILLING CODE 4410–05–P Authority: 5 U.S.C. 301; 18 U.S.C. 3621, 3622, 3624, 4001, 4003, 4042, 4081, 4082 (Repealed in part as to offenses committed on or after November 1, 1987), 4161–4166 (Repealed in part as to offenses committed on or after November 1, 1987), 5006–5024 (Repealed October 12, 1984, as to offenses committed after that date), 5039; 28 U.S.C. 509, 510. DEPARTMENT OF JUSTICE § 503.1 Civil Contempt of Court Commitments: Revision To Accommodate Commitments Under the D.C. Code Structure of the Bureau of Prisons. The Bureau of Prisons consists of a Central Office, located at 320 First Street, NW., Washington, DC 20534, a Staff Training Center, and six Regional Offices (Northeast, Mid-Atlantic, Southeast, North Central, South Central, and Western). For further information, please contact the Central Office at the address referenced, or visit www.bop.gov for a complete list of contact information for Bureau Regional Offices and facilities. Subchapter C—Institutional Management PART 542—ADMINISTRATIVE REMEDY 2. The authority citation for 28 CFR part 542 continues to read as follows: I Authority: 5 U.S.C. 301; 18 U.S.C. 3621, 3622, 3624, 4001, 4042, 4081, 4082 (Repealed in part as to offenses committed on or after November 1, 1987), 5006–5024 (Repealed October 12, 1984, as to offenses committed after that date), 5039; 28 U.S.C. 509, 510. § 542.15 [Amended] 3. In § 542.15(b)(3), delete the phrase ‘‘for addresses of the Central Office and I VerDate Aug<31>2005 15:29 Nov 03, 2005 Jkt 208001 Bureau of Prisons 28 CFR Part 522 [BOP–1113–F] RIN 1120–AB13 Bureau of Prisons, Justice. Final rule. AGENCY: ACTION: SUMMARY: In this document, the Bureau of Prisons (Bureau) revises its rules on Civil Contempt of Court Commitments to include references to relevant D.C. Code provisions regarding civil contempt commitments. We make this revision to accommodate D.C. Code offenders in Bureau institutions or Bureau contract facilities under the National Capital Revitalization and SelfGovernment Improvement Act of 1997 (D.C. Revitalization Act), D.C. Code section 24–101(a) and (b). We also revise this rule to clarify existing provisions by using simpler organization and language. For further simplification, we remove language relating solely to internal agency practices and procedures. We do not, however, make any substantive changes to the current rules. DATES: This rule is effective December 5, 2005. PO 00000 Frm 00007 Fmt 4700 Sfmt 4700 67091 Rules Unit, Office of General Counsel, Bureau of Prisons, 320 First Street, NW., Washington, DC 20534. FOR FURTHER INFORMATION CONTACT: Sarah Qureshi, Office of General Counsel, Bureau of Prisons, phone (202) 307–2105. SUPPLEMENTARY INFORMATION: Through this rule, the Bureau revises its regulations in 28 CFR part 522, on Civil Contempt of Court Commitments (civil contempt commitments). We make this rule to comply with the D.C. Revitalization Act, enacted August 5, 1997. This Act makes the Bureau responsible for the ‘‘custody, care, subsistence, education, treatment and training’’ of ‘‘the felony population sentenced pursuant to the District of Columbia Code’’ (D.C. Code offenders). (D.C. Code section 24–101 (a) and (b).) As a result of absorbing approximately 8,000 D.C. Code offenders, we revise our rules on Civil Contempt of Court Commitments to address D.C. Code offenders. We also revise this rule to clarify existing provisions by using simpler organization and language. To clarify section 522.11, which is long and unnecessarily complex, we divided it into five separate rules with clearer headings. For further simplification, we remove language relating solely to internal agency practices and procedures. We do not, however, make any substantive changes to the current rules. Comments: We published this as a proposed rule on October 6, 2003 (68 FR 46138). We received one comment in support of this rule. The commenter suggested that we ‘‘include references to relevant DC Code provisions regarding civil contempt commitments.’’ The commenter posited that without ‘‘relevant DC Code provisions,’’ ‘‘DC Code section 24–101(a) and (b) cannot be properly implemented.’’ The proposed rules published on October 6, 2003, describe procedures for Federal civil contempt commitments. There is no need to cite, in rule text, to the particular D.C. Code section regarding civil contempt commitments (D.C. Code section 11–944) because this type of commitment also arises from a Federal court. Further, contrary to the commenter’s assertion, the text of the rules effectively implement the D.C. Revitalization Act, which gives the Bureau authority over D.C. Code offenders in Bureau custody in accordance with the D.C. Code, without citing to the specific D.C. Code section that discusses civil contempt commitments. ADDRESSES: E:\FR\FM\04NOR1.SGM 04NOR1

Agencies

[Federal Register Volume 70, Number 213 (Friday, November 4, 2005)]
[Rules and Regulations]
[Pages 67090-67091]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-21966]


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DEPARTMENT OF JUSTICE

Bureau of Prisons

28 CFR Parts 503, 542, and 543

[BOP-1136-I]
RIN 1120-AB36


Bureau of Prisons Central Office, Regional Offices, Institutions, 
and Staff Training Centers: Removal of Addresses From Rules

AGENCY: Bureau of Prisons, Justice.

ACTION: Interim rule.

-----------------------------------------------------------------------

SUMMARY: In this document, the Bureau of Prisons (Bureau) removes its 
rules listing the addresses of Bureau facilities in each of its 
regions. We will replace these rules with a short description of the 
Bureau's structure, the address of the Bureau's Central Office, and a 
reference to the Bureau's internet address containing current and 
frequently updated contact information on Bureau facilities and 
Regional Offices. This change will enable the Bureau to more quickly 
and accurately provide updated contact information to members of the 
public, in light of frequently changing circumstances.

DATES: This rule is effective November 4, 2005. Please send comments on 
this rulemaking by January 3, 2006.

ADDRESSES: Our e-mail address is BOPRULES@BOP.GOV. 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 rule at https://www.regulations.gov. You may 
also comment via the Internet to BOP at BOPRULES@BOP.GOV or by using 
the https://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: In this document, the Bureau of Prisons 
removes its rules listing the addresses of Bureau facilities in each of 
its regions. We will replace these rules with a short description of 
the Bureau's structure, the address of the Bureau's Central Office, and 
a reference to the Bureau's Web site containing current and frequently 
updated contact information on Bureau facilities and Regional Offices.
    This change will enable the Bureau to more quickly and accurately 
provide updated contact information to members of the public, in light 
of frequently changing circumstances. Before 1990, the Bureau published 
lists of the addresses of its facilities as Notices in the Federal 
Register. On July 23, 1990, we published the list of addresses as a 
federal rule (55 FR 29990). We amended it in 1991 (56 FR 31531), 1992 
(57 FR 53822), 1993 (58 FR 44428), and 1998. Frequently changing 
circumstances have made it difficult to quickly update the list of 
addresses. Between 1998 (the date this rule was last amended) and 
March, 2005, the number of Bureau facilities grew from 93 to 113. This 
rule change would allow the Bureau to reference our Web site, which we 
can update far more quickly and accurately, for the most current 
addresses and other contact information of all Bureau facilities.

Administrative Procedure Act

    The Administrative Procedure Act (5 U.S.C. 553(b)(3)(B)) allows 
exceptions to notice-and-comment rulemaking ``when the agency for good 
cause finds * * * that notice and public procedure thereon are 
impracticable, unnecessary, or contrary to the public interest.'' 
Further, section 553(d) provides an exception to the usual requirement 
of a delayed effective date when an agency finds ``good cause'' that 
the rule be made immediately effective.
    This rulemaking is exempt from normal notice-and-comment procedures 
because advance notice and public comment in this instance is 
unnecessary. This is an administrative rule insignificant in impact and 
inconsequential to the public. The rule merely eliminates a long list 
of non-current addresses and replaces them with a reference to a 
publicly accessible and more accurate source. This rulemaking makes no 
change to any rights or responsibilities of the agency or any regulated 
entities. For the same reasons, the Bureau finds that ``good cause'' 
exists to make this rule effective upon publication.
    Nevertheless, the Bureau invites public comment on this interim 
rule.

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 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 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. This rule will enable the Bureau to more quickly and 
accurately provide updated contact information to members of the public 
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.

[[Page 67091]]

List of Subjects

28 CFR Part 503

    Prisoners.

28 CFR Part 542

    Administrative practice and procedure, Prisoners.

28 CFR Part 543

    Claims, Lawyers, Legal services, Prisoners.

Harley G. Lappin,
Director, Bureau of Prisons.

0
Under rulemaking authority vested in the Attorney General in 5 U.S.C 
301; 28 U.S.C. 509, 510 and delegated to the Director, Bureau of 
Prisons in 28 CFR 0.96, we propose to amend 28 CFR chapter V as set 
forth below.

Subchapter A--General Management and Administration

0
1. Revise part 503 to read as follows:

PART 503--BUREAU OF PRISONS CENTRAL OFFICE, REGIONAL OFFICES, 
INSTITUTIONS AND STAFF TRAINING CENTERS

    Authority: 5 U.S.C. 301; 18 U.S.C. 3621, 3622, 3624, 4001, 4003, 
4042, 4081, 4082 (Repealed in part as to offenses committed on or 
after November 1, 1987), 4161-4166 (Repealed in part as to offenses 
committed on or after November 1, 1987), 5006-5024 (Repealed October 
12, 1984, as to offenses committed after that date), 5039; 28 U.S.C. 
509, 510.


Sec.  503.1  Structure of the Bureau of Prisons.

    The Bureau of Prisons consists of a Central Office, located at 320 
First Street, NW., Washington, DC 20534, a Staff Training Center, and 
six Regional Offices (Northeast, Mid-Atlantic, Southeast, North 
Central, South Central, and Western). For further information, please 
contact the Central Office at the address referenced, or visit 
www.bop.gov for a complete list of contact information for Bureau 
Regional Offices and facilities.

Subchapter C--Institutional Management

PART 542--ADMINISTRATIVE REMEDY

0
2. The authority citation for 28 CFR part 542 continues to read as 
follows:

    Authority: 5 U.S.C. 301; 18 U.S.C. 3621, 3622, 3624, 4001, 4042, 
4081, 4082 (Repealed in part as to offenses committed on or after 
November 1, 1987), 5006-5024 (Repealed October 12, 1984, as to 
offenses committed after that date), 5039; 28 U.S.C. 509, 510.


Sec.  542.15  [Amended]

0
3. In Sec.  542.15(b)(3), delete the phrase ``for addresses of the 
Central Office and Regional Offices'' in the parenthetical in the final 
sentence and insert ``for information on locating Bureau addresses'' in 
its place.

Subchapter C--Institutional Management

PART 543--LEGAL MATTERS

0
4. The authority citation for 28 CFR part 543 continues to read as 
follows:

    Authority: 5 U.S.C. 301; 18 U.S.C. 3621, 3622, 3624, 4001, 4042, 
4081, 4082 (Repealed in part as to offenses committed on or after 
November 1, 1987), 5006-5024 (Repealed October 12, 1984, as to 
offenses committed after that date), 5039; 28 U.S.C. 509, 510, 
1346(b), 2671-80, 28 CFR 0.95-0.99, 0.172, 14.1-11.


0
5. In Sec.  543.31(c), revise the last sentence to read as follows:


Sec.  543.31  Filing a claim.

* * * * *
    (c) * * * 28 CFR part 503 contains information on locating Bureau 
of Prisons addresses.

[FR Doc. 05-21966 Filed 11-3-05; 8:45 am]
BILLING CODE 4410-05-P
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