Classification and Program Review, 36007-36008 [E6-9829]
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Federal Register / Vol. 71, No. 121 / Friday, June 23, 2006 / Rules and Regulations
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*
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Details removed from the regulations
will be addressed in our corresponding
policy statement on the classification
and review program. We do not, by this
rule, intend to make any substantive
changes to the current rules or to the
classification and program review
system. We merely intend to clarify and
streamline the existing rules.
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By direction of the Commission.
Donald S. Clark,
Secretary.
[FR Doc. 06–5638 Filed 6–22–06; 8:45 am]
BILLING CODE 6750–01–C
DEPARTMENT OF JUSTICE
Bureau of Prisons
28 CFR Part 524
[BOP–1131–F]
RIN 1120–AB32
Classification and Program Review
Bureau of Prisons, Justice.
Final rule.
AGENCY:
rmajette on PROD1PC67 with RULES
ACTION:
SUMMARY: In this document, the Bureau
of Prisons (Bureau) revises its
regulations on classification and
program review to remove unnecessary
regulations and to ensure that
classification and program review
procedures adequately address inmate
needs.
DATES: This rule is effective July 24,
2006.
FOR FURTHER INFORMATION CONTACT:
Sarah Qureshi, Office of General
Counsel, Bureau of Prisons, phone (202)
307–2105, e-mail boprules@bop.gov.
SUPPLEMENTARY INFORMATION: In this
document, we revise and streamline the
regulations regarding inmate
classification and program review,
which currently describe procedure,
practice, and general statements of
policy, to remove an unnecessary level
of operational details with regard to the
classification and program review
process. A proposed rule on this subject
was published on November 3, 2005 (70
FR 66814). Because we received no
comments on the proposed rule, we
now publish the final rule without
substantive change.
For clarification, we make one minor
change to § 524.11(d). Formerly, this
paragraph stated that an inmate ‘‘may
choose not to participate in an offered
[work] program unless the program is a
work assignment or required by Bureau
policy, court order, or statute,’’ The
repetition of similar terms, such as
‘‘work program’’ and ‘‘work
assignment’’ may have been confusing.
We therefore revise this paragraph to
clarify that an inmate ‘‘must participate
in this work assignment and any other
program required by Bureau policy,
court order, or statute,’’ but that an
inmate ‘‘may choose not to participate
in other voluntary programs.’’
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17:52 Jun 22, 2006
Jkt 208001
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, 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
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 § 804 of the Small Business
Regulatory Enforcement Fairness Act of
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36007
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.
List of Subjects in 28 CFR Part 524
Prisoners.
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 amend 28 CFR part 524 as set
forth below.
I
Subchapter B—Inmate Admission,
Classification, and Transfer
PART 524—CLASSIFICATION OF
INMATES
1. Revise the authority citation for 28
CFR part 524 to read as follows:
I
Authority: 5 U.S.C. 301; 18 U.S.C. 3521–
3528, 3621, 3622, 3624, 4001, 4042, 4046,
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; 21
U.S.C. 848; 28 U.S.C. 509, 510.
I
2. Revise subpart B to read as follows:
Subpart B—Classification and Program
Review of Inmates
Sec.
524.10 Purpose.
524.11 Process for classification and
program reviews.
Subpart B—Classification and
Program Review of Inmates
§ 524.10
Purpose.
The purpose of this subpart is to
explain the Bureau of Prisons (Bureau)
process for classifying newly committed
inmates and conducting program
reviews for all inmates except:
(a) Pretrial inmates, covered in 28
CFR part 551; and
(b) Inmates committed for study and
observation.
§ 524.11 Process for classification and
program reviews.
(a) When:
(1) Newly committed inmates will be
classified within 28 calendar days of
arrival at the institution designated for
service of sentence.
(2) Inmates will receive a program
review at least once every 180 calendar
days. When an inmate is within twelve
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36008
Federal Register / Vol. 71, No. 121 / Friday, June 23, 2006 / Rules and Regulations
inmate may choose not to participate in
other voluntary programs.
months of the projected release date,
staff will conduct a program review at
least once every 90 calendar days.
issued a revised standard for
occupational exposure to hexavalent
chromium. Subsequently, errors were
discovered in the regulatory text. This
notice is being published to correct
these errors.
[FR Doc. E6–9829 Filed 6–22–06; 8:45 am]
(b) Inmate appearance before
classification team:
BILLING CODE 4410–05–P
(1) Inmates will be notified at least 48
hours before that inmate’s scheduled
appearance before the classification
team (whether for the initial
classification or later program reviews).
Correction of Publication
DEPARTMENT OF LABOR
(2) Inmates may submit a written
waiver of the 48-hour notice
requirement.
29 CFR Parts 1910, 1915, and 1926
(3) The inmate is expected to attend
the initial classification and all later
program reviews. If the inmate refuses
to appear at a scheduled meeting, staff
must document on the Program Review
Report the inmate’s refusal and, if
known, the reasons for refusal, and give
a copy of this report to the inmate.
RIN 1218–AB45
The following correcting amendments
are made to the final rule for Chromium
(VI) published in the Federal Register
on February 28, 2006 (71 FR 10099).
I Accordingly, 29 CFR parts 1910, 1915,
and 1926 are corrected by making the
following correcting amendments.
Occupational Exposure to Hexavalent
Chromium; Corrections
PART 1910—OCCUPATIONAL SAFETY
AND HEALTH STANDARDS
Occupational Safety and Health
Administration
[Docket No. H054A]
(c) Program Review Report: Staff must
complete a Program Review Report at
the inmate’s initial classification. This
report ordinarily includes information
on the inmate’s apparent needs and
offers a correctional program designed
to meet those needs. The Unit Manager
and the inmate must sign the Program
Review Report, and a copy must be
given to the inmate.
(d) Work Programs: Each sentenced
inmate who is physically and mentally
able is assigned to a work program at
initial classification. The inmate must
participate in this work assignment and
any other program required by Bureau
policy, court order, or statute. The
Occupational Safety and Health
Administration (OSHA), Department of
Labor.
ACTION: Correcting amendments.
AGENCY:
SUMMARY: The Occupational Safety and
Health Administration (OSHA) is
correcting errors in the final rule
addressing occupational exposure to
hexavalent chromium that appeared in
the Federal Register on February 28,
2006.
DATES:
1. The authority citation for part 1910
continues to read as follows:
I
Authority: Secs. 4, 6, 8, Occupational
Safety and Health Act of 1970 (29 U.S.C. 653,
655, 657); Secretary of Labor’s Order
Numbers 12–71 (36 FR 8754), 8–76 (41 FR
25059), 9–83 (48 FR 35736), 1–90 (55 FR
9033), 6–96 (62 FR 111), or 5–2002 (67 FR
65008), as applicable.
2. Section 1910.1000 is corrected as
follows:
I a. In Table Z–1 by revising the entry
for ‘‘tert-Butyl chromate (as CrO3)’’ and
footnote 5, removing the entry for
‘‘Chromic acid and chromates (as
CrO3)’’, and adding a new footnote 6;
I b. In Table Z–2 by revising footnote c.
The revisions and additions read as
follows:
I
Effective June 23, 2006.
Mr.
Kevin Ropp, Director, OSHA Office of
Communications, Room N–3647, U.S.
Department of Labor, 200 Constitution
Avenue, NW., Washington, DC 20210;
telephone (202) 693–1999.
SUPPLEMENTARY INFORMATION: On
February 28, 2006 (71 FR 10099), OSHA
FOR FURTHER INFORMATION CONTACT:
§ 1910.1000
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Air contaminants.
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TABLE Z–1.—LIMITS FOR AIR CONTAMINANTS
CAS No.c
Substance
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tert-Butyl chromate (as CrO3); see 1910.1026 6 ..............................................
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Chromium (VI) compounds; see 1910.1026 5.
rmajette on PROD1PC67 with RULES
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mg/m3 b1
Skin
designation
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1189–85–1
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ppm a 1
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1 The PELs are 8-hour TWAs unless otherwise noted; a (C) designation denotes a ceiling limit. They are to be determined from breathing-zone
air samples.
a Parts of vapor or gas per million parts of contaminated air by volume at 25 °C and 760 torr.
b Milligrams of substance per cubic meter of air. When entry is in this column only, the value is exact; when listed with a ppm entry, it is approximate.
c The CAS number is for information only. Enforcement is based on the substance name. For an entry covering more than one metal compound, measured as the metal, the CAS number for the metal is given—not CAS numbers for the individual compounds.
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5 See Table Z–2 for the exposure limit for any operations or sectors where the exposure limit in § 1910.1026 is stayed or is otherwise not in effect.
6 If the exposure limit in § 1910.1026 is stayed or is otherwise not in effect, the exposure limit is a ceiling of 0.1 mg/m3.
VerDate Aug<31>2005
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]]>Agencies
[Federal Register Volume 71, Number 121 (Friday, June 23, 2006)]
[Rules and Regulations]
[Pages 36007-36008]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-9829]
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DEPARTMENT OF JUSTICE
Bureau of Prisons
28 CFR Part 524
[BOP-1131-F]
RIN 1120-AB32
Classification and Program Review
AGENCY: Bureau of Prisons, Justice.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: In this document, the Bureau of Prisons (Bureau) revises its
regulations on classification and program review to remove unnecessary
regulations and to ensure that classification and program review
procedures adequately address inmate needs.
DATES: This rule is effective July 24, 2006.
FOR FURTHER INFORMATION CONTACT: Sarah Qureshi, Office of General
Counsel, Bureau of Prisons, phone (202) 307-2105, e-mail
boprules@bop.gov.
SUPPLEMENTARY INFORMATION: In this document, we revise and streamline
the regulations regarding inmate classification and program review,
which currently describe procedure, practice, and general statements of
policy, to remove an unnecessary level of operational details with
regard to the classification and program review process. A proposed
rule on this subject was published on November 3, 2005 (70 FR 66814).
Because we received no comments on the proposed rule, we now publish
the final rule without substantive change.
For clarification, we make one minor change to Sec. 524.11(d).
Formerly, this paragraph stated that an inmate ``may choose not to
participate in an offered [work] program unless the program is a work
assignment or required by Bureau policy, court order, or statute,'' The
repetition of similar terms, such as ``work program'' and ``work
assignment'' may have been confusing. We therefore revise this
paragraph to clarify that an inmate ``must participate in this work
assignment and any other program required by Bureau policy, court
order, or statute,'' but that an inmate ``may choose not to participate
in other voluntary programs.''
Details removed from the regulations will be addressed in our
corresponding policy statement on the classification and review
program. We do not, by this rule, intend to make any substantive
changes to the current rules or to the classification and program
review system. We merely intend to clarify and streamline the existing
rules.
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, 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 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 524
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 amend 28 CFR part 524 as set forth below.
Subchapter B--Inmate Admission, Classification, and Transfer
PART 524--CLASSIFICATION OF INMATES
0
1. Revise the authority citation for 28 CFR part 524 to read as
follows:
Authority: 5 U.S.C. 301; 18 U.S.C. 3521-3528, 3621, 3622, 3624,
4001, 4042, 4046, 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; 21 U.S.C.
848; 28 U.S.C. 509, 510.
0
2. Revise subpart B to read as follows:
Subpart B--Classification and Program Review of Inmates
Sec.
524.10 Purpose.
524.11 Process for classification and program reviews.
Subpart B--Classification and Program Review of Inmates
Sec. 524.10 Purpose.
The purpose of this subpart is to explain the Bureau of Prisons
(Bureau) process for classifying newly committed inmates and conducting
program reviews for all inmates except:
(a) Pretrial inmates, covered in 28 CFR part 551; and
(b) Inmates committed for study and observation.
Sec. 524.11 Process for classification and program reviews.
(a) When:
(1) Newly committed inmates will be classified within 28 calendar
days of arrival at the institution designated for service of sentence.
(2) Inmates will receive a program review at least once every 180
calendar days. When an inmate is within twelve
[[Page 36008]]
months of the projected release date, staff will conduct a program
review at least once every 90 calendar days.
(b) Inmate appearance before classification team:
(1) Inmates will be notified at least 48 hours before that inmate's
scheduled appearance before the classification team (whether for the
initial classification or later program reviews).
(2) Inmates may submit a written waiver of the 48-hour notice
requirement.
(3) The inmate is expected to attend the initial classification and
all later program reviews. If the inmate refuses to appear at a
scheduled meeting, staff must document on the Program Review Report the
inmate's refusal and, if known, the reasons for refusal, and give a
copy of this report to the inmate.
(c) Program Review Report: Staff must complete a Program Review
Report at the inmate's initial classification. This report ordinarily
includes information on the inmate's apparent needs and offers a
correctional program designed to meet those needs. The Unit Manager and
the inmate must sign the Program Review Report, and a copy must be
given to the inmate.
(d) Work Programs: Each sentenced inmate who is physically and
mentally able is assigned to a work program at initial classification.
The inmate must participate in this work assignment and any other
program required by Bureau policy, court order, or statute. The inmate
may choose not to participate in other voluntary programs.
[FR Doc. E6-9829 Filed 6-22-06; 8:45 am]
BILLING CODE 4410-05-P
