Use of Non-Lethal Force: Delegation, 35984-35985 [E8-14363]

Download as PDF 35984 Federal Register / Vol. 73, No. 123 / Wednesday, June 25, 2008 / Proposed Rules PW206 and PW207 compressor turbine (CT) disc bore areas may experience impact damage resulting from bending or fracture of the CT disc retaining nut. Damage of the CT disc bore area can reduce LCF capabilities of the CT disc, resulting in disc fracture. We are issuing this AD to prevent damage to the CT disc bore area, which could result in possible uncontained failure of the engine and damage to the helicopter. Related Information (j) Refer to Transport Canada Airworthiness Directive 2007–24R1, dated December 21, 2007, for related information. (k) Contact Ian Dargin, Aerospace Engineer, Engine Certification Office, FAA, Engine and Propeller Directorate, 12 New England Executive Park; Burlington, MA 01803; e-mail: ian.dargin@faa.gov; telephone (781) 238–7178; fax (781) 238–7199. Actions and Compliance Issued in Burlington, Massachusetts, on June 19, 2008. Diane Cook, Acting Manager, Engine and Propeller Directorate, Aircraft Certification Service. [FR Doc. E8–14320 Filed 6–24–08; 8:45 am] (g) Unless already done, do the following actions: (1) For engines that have never had a shop visit and have accumulated 4,000 CT cycles or more since new; or for engines that accumulated 2,700 CT cycles or more since last shop visit, last CT disc inspection, or incorporation of PWC SB PW200–72–28287; within 1,150 hours of engine operating time since April 28, 2006 (original issue date of Alert Service Bulletin (ASB) PW200–72– A28280), but not later than December 21, 2008, whichever occurs first, accomplish the following in accordance with PWC ASB PW200–72–A28280, Revision 4, dated August 28, 2007: (i) Inspect the CT disc bore area for damage and if any damage is noticed, replace the CT disc before further flight. (ii) Replace the existing CT disc retaining nut and associated hardware. (2) For engines that have never had a shop visit and have accumulated less than 4,000 CT cycles since new, before the engine reaches 4,000 CT cycles or by December 21, 2008, whichever occurs later, accomplish the following in accordance with PWC ASB PW200–72–A28280, Revision 4, dated August 28, 2007: (i) Inspect the CT disc bore area for damage and if any damage is noticed, replace the CT disc before further flight. (ii) Replace the existing CT disc retaining nut and associated hardware. (3) For engines that have accumulated fewer than 2,700 CT cycles since last shop visit, last CT disc inspection, or incorporation of PWC SB PW200–72–28287; before the engine reaches 2,700 CT cycles or by December 21, 2008, whichever occurs later, accomplish the following in accordance with PWC ASB PW200–72–A28280, Revision 4, dated August 28, 2007: (i) Inspect the CT disc bore area for damage and if any damage is noticed, replace the CT disc before further flight. (ii) Replace the existing CT disc retaining nut and associated hardware. mstockstill on PROD1PC66 with PROPOSALS Previous Credit (h) Inspection of the CT disc bore and replacement of the CT disc retaining nut using PWC ASB PW200–72–A28280, dated April 28, 2006, or Revision 1, dated May 11, 2006, or Revision 2, dated September 29, 2006, or Revision 3, dated December 11, 2006, before the effective date of this AD, meet the requirements of this AD. (i) Alternative Methods of Compliance (AMOCs): The Manager, Engine Certification Office, FAA, may approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. VerDate Aug<31>2005 17:31 Jun 24, 2008 Jkt 214001 BILLING CODE 4910–13–P DEPARTMENT OF JUSTICE Bureau of Prisons 28 CFR Part 552 [BOP–1146–P] RIN 1120–AB46 Use of Non-Lethal Force: Delegation Bureau of Prisons, Justice. Proposed rule. AGENCY: ACTION: SUMMARY: In this document, the Bureau of Prisons (Bureau) proposes to amend its regulation on the use of chemical agents and non-lethal force to clarify that the authority of the Warden to authorize the use of chemical agents or non-lethal weapons may not be delegated below the position of Lieutenant. DATES: Comments are due by August 25, 2008. Rules Unit, Office of General Counsel, Bureau of Prisons, 320 First Street, NW., Washington, DC 20534. ADDRESSES: 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 PO 00000 Frm 00008 Fmt 4702 Sfmt 4702 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. Discussion In this document, the Bureau proposes to amend its regulation on the use of chemical agents and non-lethal force to clarify that the authority of the Warden to authorize the use of chemical agents or non-lethal weapons may not be delegated below the position of Lieutenant. The current regulation states that the Warden may authorize the use of chemical agents or non-lethal weapons only when the situation is such that the inmate: (1) Is armed and/or barricaded; or (2) Cannot be approached without danger to self or others; and (3) It is determined that a delay in bringing the situation under control would constitute a serious hazard to the inmate or others, or would result in a major disturbance or serious property damage. This revision resulted from a routine check of the Bureau’s policies. The revised regulation will enable the Warden to further delegate the authority to make the determination that a situation warrants the use of chemical agents or non-lethal weapons to the senior facility supervisor on duty and physically present, but not below the position of Lieutenant. Currently, this regulation requires that such authority not be delegated below the level of E:\FR\FM\25JNP1.SGM 25JNP1 mstockstill on PROD1PC66 with PROPOSALS Federal Register / Vol. 73, No. 123 / Wednesday, June 25, 2008 / Proposed Rules Warden. We make this revision to expedite decision-making by qualified staff, as needed to ensure the safety, security, and good order of the institution and the protection of the public. 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. This regulation has been determined to be a ‘‘significant regulatory action’’ under Executive Order 12866, section 3(f), Regulatory Planning and Review, and accordingly this rule has 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 regulation 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 regulation 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 regulation 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 regulation is not a major rule as defined by § 804 of the Small Business Regulatory Enforcement Fairness Act of 1996. This regulation 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- VerDate Aug<31>2005 17:31 Jun 24, 2008 Jkt 214001 based companies in domestic and export markets. 35985 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 part 552 as follows. SUMMARY: The Coast Guard proposes to change the regulation governing the operation of the State Route 46 (LA 46) Bridge across LaLoutre Bayou, mile 22.9, at Yscloskey, St. Bernard Parish, Louisiana. Due to Hurricane Katrina, the Louisiana Department of Transportation and Development (LDOTD) has experienced a shortage of bridge tender personnel in the area where the bridge is located. This proposed rule change allows for more efficient use of personnel by requiring a two hour notice for night time openings. Subchapter C—Institutional Management DATES: List of Subjects in 28 CFR Part 552 Prisoners. Harley G. Lappin, Director, Bureau of Prisons. PART 552—CUSTODY 1. The authority citation for 28 CFR part 552 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; 28 CFR 0.95–0.99. 2. Revise § 552.25 to read as follows: § 552.25 Use of chemical agents or nonlethal weapons. (a) The Warden may authorize the use of chemical agents or non-lethal weapons only when the situation is such that the inmate: (1) Is armed and/or barricaded; or (2) Cannot be approached without danger to self or others; and (3) It is determined that a delay in bringing the situation under control would constitute a serious hazard to the inmate or others, or would result in a major disturbance or serious property damage. (b) The Warden may delegate the authority under this regulation to the senior facility supervisor on duty and physically present, but not below the position of Lieutenant. [FR Doc. E8–14363 Filed 6–24–08; 8:45 am] BILLING CODE 4410–05–P Comments and related material must reach the Coast Guard on or before August 25, 2008. You may submit comments identified by Coast Guard docket number USCG–2008–0478 to the Docket Management Facility at the U.S. Department of Transportation. To avoid duplication, please use only one of the following methods: (1) Online: http:// www.regulations.gov. (2) Mail: Docket Management Facility (M–30), U.S. Department of Transportation, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue, SE., Washington, DC 20590– 0001. (3) Hand delivery: Room W12–140 on the Ground Floor of the West Building, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The telephone number is 202–366–9329. (4) Fax: 202–493–2251. ADDRESSES: If you have questions on this proposed rule, call Kay Wade, Bridge Administration Branch, telephone 504– 671–2128. If you have questions on viewing or submitting material to the docket, call Renee V. Wright, Program Manager, Docket Operations, telephone 202–366–9826. FOR FURTHER INFORMATION CONTACT: SUPPLEMENTARY INFORMATION: DEPARTMENT OF HOMELAND SECURITY Public Participation and Request for Comments Coast Guard We encourage you to participate in this rulemaking by submitting comments and related materials. All comments received will be posted, without change, to http:// www.regulations.gov and will include any personal information you have provided. We have an agreement with the Department of Transportation (DOT) to use the Docket Management Facility. Please see DOT’s ‘‘Privacy Act’’ paragraph below. 33 CFR Part 117 [Docket No. USCG–2008–0478] RIN 1625–AA09 Drawbridge Operation Regulation; LaLoutre Bayou, Yscloskey, LA Coast Guard, DHS. Notice of proposed rulemaking. AGENCY: ACTION: PO 00000 Frm 00009 Fmt 4702 Sfmt 4702 E:\FR\FM\25JNP1.SGM 25JNP1

Agencies

[Federal Register Volume 73, Number 123 (Wednesday, June 25, 2008)]
[Proposed Rules]
[Pages 35984-35985]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-14363]


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DEPARTMENT OF JUSTICE

Bureau of Prisons

28 CFR Part 552

[BOP-1146-P]
RIN 1120-AB46


Use of Non-Lethal Force: Delegation

AGENCY: Bureau of Prisons, Justice.

ACTION: Proposed rule.

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SUMMARY: In this document, the Bureau of Prisons (Bureau) proposes to 
amend its regulation on the use of chemical agents and non-lethal force 
to clarify that the authority of the Warden to authorize the use of 
chemical agents or non-lethal weapons may not be delegated below the 
position of Lieutenant.

DATES: Comments are due by August 25, 2008.

ADDRESSES: 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:
    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.

Discussion

    In this document, the Bureau proposes to amend its regulation on 
the use of chemical agents and non-lethal force to clarify that the 
authority of the Warden to authorize the use of chemical agents or non-
lethal weapons may not be delegated below the position of Lieutenant. 
The current regulation states that the Warden may authorize the use of 
chemical agents or non-lethal weapons only when the situation is such 
that the inmate:
    (1) Is armed and/or barricaded; or
    (2) Cannot be approached without danger to self or others; and
    (3) It is determined that a delay in bringing the situation under 
control would constitute a serious hazard to the inmate or others, or 
would result in a major disturbance or serious property damage.
    This revision resulted from a routine check of the Bureau's 
policies. The revised regulation will enable the Warden to further 
delegate the authority to make the determination that a situation 
warrants the use of chemical agents or non-lethal weapons to the senior 
facility supervisor on duty and physically present, but not below the 
position of Lieutenant. Currently, this regulation requires that such 
authority not be delegated below the level of

[[Page 35985]]

Warden. We make this revision to expedite decision-making by qualified 
staff, as needed to ensure the safety, security, and good order of the 
institution and the protection of the public.
    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. This 
regulation has been determined to be a ``significant regulatory 
action'' under Executive Order 12866, section 3(f), Regulatory Planning 
and Review, and accordingly this rule has 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 regulation 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 regulation 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 regulation 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 
regulation is not a major rule as defined by Sec.  804 of the Small 
Business Regulatory Enforcement Fairness Act of 1996. This regulation 
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 552

    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 propose to amend 28 CFR part 552 as follows.

Subchapter C--Institutional Management

PART 552--CUSTODY

    1. The authority citation for 28 CFR part 552 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; 28 
CFR 0.95-0.99.

    2. Revise Sec.  552.25 to read as follows:


Sec.  552.25  Use of chemical agents or non-lethal weapons.

    (a) The Warden may authorize the use of chemical agents or non-
lethal weapons only when the situation is such that the inmate:
    (1) Is armed and/or barricaded; or
    (2) Cannot be approached without danger to self or others; and
    (3) It is determined that a delay in bringing the situation under 
control would constitute a serious hazard to the inmate or others, or 
would result in a major disturbance or serious property damage.
    (b) The Warden may delegate the authority under this regulation to 
the senior facility supervisor on duty and physically present, but not 
below the position of Lieutenant.

 [FR Doc. E8-14363 Filed 6-24-08; 8:45 am]
BILLING CODE 4410-05-P