Transfer of Offenders to Foreign Countries, 78-81 [2013-31021]
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Federal Register / Vol. 79, No. 1 / Thursday, January 2, 2014 / Proposed Rules
Service Bulletin 84–36–04, Revision A, dated
April 17, 2013.
DEPARTMENT OF JUSTICE
(h) Credit for Previous Actions
Bureau of Prisons
This paragraph provides credit for actions
required by paragraph (g) of this AD, if those
actions were performed before the effective
date of this AD using Bombardier Service
Bulletin 84–36–04, dated March 13, 2013.
28 CFR Part 527
(i) Other FAA AD Provisions
Transfer of Offenders to Foreign
Countries
The following provisions also apply to this
AD:
(1) Alternative Methods of Compliance
(AMOCs): The Manager, New York Aircraft
Certification Office (ACO), ANE–170, FAA,
has the authority to approve AMOCs for this
AD, if requested using the procedures found
in 14 CFR 39.19. In accordance with 14 CFR
39.19, send your request to your principal
inspector or local Flight Standards District
Office, as appropriate. If sending information
directly to the New York ACO, send it to
ATTN: Program Manager, Continuing
Operational Safety, FAA, New York ACO,
1600 Stewart Avenue, Suite 410, Westbury,
NY 11590; telephone 516 228–7300; fax 516–
794–5531. Before using any approved AMOC,
notify your appropriate principal inspector,
or lacking a principal inspector, the manager
of the local flight standards district office/
certificate holding district office. The AMOC
approval letter must specifically reference
this AD.
(2) Airworthy Product: For any
requirement in this AD to obtain corrective
actions from a manufacturer, use these
actions if they are FAA-approved. Corrective
actions are considered FAA-approved if they
were approved by the State of Design
Authority (or its delegated agent, or by the
DAH with a State of Design Authority’s
design organization approval). For a repair
method to be approved, the repair approval
must specifically refer to this AD. You are
required to ensure the product is airworthy
before it is returned to service.
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(j) Related Information
(1) Refer to Mandatory Continuing
Airworthiness Information (MCAI) Canadian
Airworthiness Directive CF–2013–27, dated
September 25, 2013, for related information.
This MCAI may be found in the AD docket
on the Internet at https://www.regulations.gov.
(2) For service information identified in
this AD, contact Bombardier, Inc., Q-Series
Technical Help Desk, 123 Garratt Boulevard,
Toronto, Ontario M3K 1Y5, Canada;
telephone 416–375–4000; fax 416–375–4539;
email thd.qseries@aero.bombardier.com;
Internet https://www.bombardier.com. You
may review copies of this service information
at the FAA, Transport Airplane Directorate,
1601 Lind Avenue SW., Renton, WA. For
information on the availability of this
material at the FAA, call 425–227–1221.
Issued in Renton, Washington, on
December 20, 2013.
Jeffrey E. Duven,
Manager, Transport Airplane Directorate,
Aircraft Certification Service.
[FR Doc. 2013–31314 Filed 12–31–13; 8:45 am]
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Bureau of Prisons, Department
of Justice.
ACTION: Notice of proposed rulemaking.
AGENCY:
In this document, the Bureau
of Prisons (Bureau) proposes to
streamline its regulations on transferring
offenders to foreign countries by
eliminating language that constitutes
agency guidance to staff. Guidance
language will be retained in the relevant
Bureau policy.
DATES: Comments due by March 3,
2014.
ADDRESSES: Comments should be
submitted to the Rules Unit, Office of
General Counsel, Bureau of Prisons, 320
First Street NW., Washington, DC
20534. You may also comment via the
Internet to BOP at BOPRULES@
BOP.GOV or by using the
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:
SUMMARY:
Posting of Public Comments
Please note that all comments
received are considered part of the
public record and are made available for
public inspection online at
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
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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
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.
Proposed Rule
In this document, the Bureau of
Prisons (Bureau) proposes to streamline
its regulations on transferring offenders
to or from foreign countries by
eliminating language that constitutes
agency guidance to staff. Guidance
language will be retained in the relevant
Bureau policy. Below is an analysis of
each new proposed section.
Section 527.40 Purpose and Scope
This section more concisely describes
the statutory authority (18 U.S.C. 4100,
et seq.) for the Bureau’s procedures for
transferring offenders to foreign
countries and states that the purpose of
this subpart is to describe those
procedures. We propose to delete
obsolete references to Public Law 95–
144, as it has been codified as 18 U.S.C.
4100, and also propose to delete the
recitation of authority which stated that
‘‘18 U.S.C. 4102 authorizes the Attorney
General to act on behalf of the United
States in regard to such treaties. In
accordance with the provisions of 28
CFR 0.96b, the Attorney General has
delegated to the Director of the Bureau
of Prisons, and to designees of the
Director, the authority to receive
custody of, and to transfer to and from
the United States, offenders in
compliance with the conditions of the
treaty.’’ This authority is stated
elsewhere in regulation and in the
Authority section preceding these
regulations and is therefore not
necessary to repeat in these regulations.
Section 527.41 Definitions
This section continues to define the
terms ‘‘treaty nation,’’ ‘‘state prisoner,’’
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‘‘departure institution,’’ and ‘‘admission
institution.’’ We make a few minor
changes to clarify that ‘‘treaty nation’’ is
‘‘a country with which the United States
has a transfer treaty relationship either
through a bilateral treaty or multilateral
transfer convention,’’ instead of the
former language, which incorrectly
stated that countries enter into treaties
‘‘with the United States on the
Execution of Penal Sentences.’’ This
language is not common to all transfer
agreements, which are normally made
through bilateral treaties or multilateral
transfer conventions with several
countries at once or future countries
who will accede to the convention.
We also clarify that an inmate can be
a ‘‘citizen or national’’ of a foreign
country, not just a citizen.
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Section 527.42 Limitations on Transfer
of Offenders to Foreign Countries
This section more concisely states the
previous substantive provisions
indicating that an inmate may not be
considered for return to the inmate’s
country of citizenship or nationality
unless the inmate satisfies specific
requirements imposed by 18 U.S.C.
4100–4115 and the transfer treaties and
conventions.
We delete subsection (a), which stated
that an inmate in custody for civil
contempt may not be considered for
return to the inmate’s country of
citizenship; and subsection (b), which
stated that an inmate with a committed
fine may not be considered for return to
the inmate’s country of citizenship
without the United States court’s
permission. Both of these exceptions are
obscure limitations that have not arisen
for the Bureau and therefore do not need
to be identified in regulation.
In this section, we also propose to
delete language indicating that, ‘‘[w]hen
considered appropriate, the Warden
may contact the sentencing court to
request the court’s permission to
process the inmate’s application for
return to the inmate’s country of
citizenship.’’ This language is the
Director’s guidance to the Warden, and
is more appropriate for implementing
text in policy than regulation text.
Section 527.43 Notification of Inmates
This section continues to state that
inmates will be notified regarding
information on international offender
transfers through the institution’s
admission and orientation program and
by the case manager of an inmate who
is a citizen or national of a treaty nation.
This section also continues to indicate
that the inmate must be given
individual notice of the availability of
the transfer program, provided with an
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opportunity to inquire about transfer to
the country of which the inmate is a
citizen or national, and informed of the
procedures set forth in this part. This
section was rewritten for clarity. No
substantive language or requirements
were changed in this section.
Section 527.44 Request for Transfer to
Country of Citizenship or Nationality
This section consists only of current
§ 527.44(a), unchanged, which states
that an inmate who is qualified for and
desires to return to the inmate’s country
of citizenship or nationality for service
of a sentence imposed in a United States
Court must indicate the inmate’s
interest by completing and signing the
appropriate form and giving it to Bureau
staff for further processing. The rest of
§ 527.44 is split between the following
two proposed regulations. This
reorganization is being proposed for
clarity.
Section 527.45 Bureau Processing of
the Transfer Request
This section consists of the substance
of current §§ 527.44(b) through (d). It
more concisely indicates that the
Warden will forward the transfer
application to the Assistant Director,
Correctional Programs Division, Central
Office, who will then review the
material, submit it to the Department of
Justice for review, and notify the inmate
of determinations made by the
Department of Justice.
Section 527.46 Transfer Procedures
This section consists of the substance
of current § 527.44(e) through (h), which
describe transfer procedures. This
regulation states that if the Department
of Justice approves the transfer request,
the treaty nation will be asked to
consent to the transfer of its citizen or
national, and the inmate will be
informed of the determination. If the
treaty nation consents, the United States
will arrange a consent verification
hearing, held before a U.S. Magistrate
Judge or other judicial officer as
specified in 18 U.S.C. 4107 and 4108. If
the foreign national prisoner consents to
the transfer, the Department of Justice
will notify the transfer nation.
This section also indicates that
following the verification hearing, the
Bureau will arrange for delivery of the
inmate to the authorities of the country
of citizenship or nationality. We
propose to delete two provisions,
currently § 527.44(h)(1) and (2), which
state that the Assistant Director shall
advise the Warden of these
arrangements and that the Warden shall
arrange for the inmate to be transported
to the foreign authorities and assure that
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the required documentation
accompanies each inmate transported.
Both of these provisions are guidance to
staff and are more appropriately
retained in implementing text in policy.
Section 527.47 Transfer of State
Prisoners to Other Countries
This section repeats verbatim current
§ 527.45, which states that the Bureau
may assume custody of a state prisoner
who has been approved for transfer to
a treaty nation for the purpose of
facilitating the transfer to the treaty
nation. Once approved, the state is not
required to contract for the placement of
the prisoner in federal custody, nor to
reimburse the United States for the cost
of confinement (as would ordinarily be
required by 18 U.S.C. 5003).
Section 527.48 Transfer of American
National Prisoners From Foreign
Countries
This section more concisely
encompasses current § 527.46,
Receiving United States citizens from
other countries. We simply state that the
Bureau is responsible for sending
escorts to foreign countries to retrieve
American national prisoners who have
been approved for transfer and have had
their consent verification hearing. In
addition, the Bureau must make transfer
arrangements and coordinate with the
U.S. Parole Commission for proceedings
to determine how the inmate’s sentence
will be administered.
We propose to delete the following
subparagraphs, however, because they
are guidance to staff which does not
need to be in regulation:
Subparagraph (a) is direction to staff
accepting custody of American inmates
from a foreign authority to ensure that
particular documentation, such as a
certified copy of the sentence, a
statement detailing the offense, and
citizenship papers, is available prior to
accepting custody of the inmate.
Subparagraph (b) is direction to the
Assistant Director, Correctional
Programs Division, to direct staff to
escort the offender from the transporting
country to the admission institution,
citing 28 CFR 0.96b as the authority to
escort the offender. It also directs
Wardens to make appropriate housing
requirements with a nearby jail if an
admission institution is not able to
accept the inmate.
Subparagraph (c) requires staff to
arrange for a newly arrived inmate to
receive a complete physical
examination, advise the local U.S.
Probation Office of the inmate’s arrival,
and notify the U.S. Parole Commission
of the inmate’s arrival and projected
release date.
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Subparagraph (d) directs staff to
implement release procedures if staff
determine that an inmate is entitled to
immediate release via mandatory release
or expiration of sentence with credits
applied, but only after medical
clearance and the results of an FBI
fingerprint check.
This language is the Director’s
guidance to staff, and is more
appropriate for implementing text in
policy than regulation text. It will be
retained in policy guidance, as will all
staff guidance deleted from these
regulations.
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
proposed rule is not a ‘‘significant
regulatory action’’ under Executive
Order 12866, section 3(f), and
accordingly this proposed rule has not
been reviewed by the Office of
Management and Budget.
Executive Order 13132
This proposed 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
EO 13132, we determine that this
proposed rule does not have sufficient
federalism implications to warrant the
preparation of a Federalism Assessment.
Regulatory Flexibility Act
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The Director of the Bureau of Prisons,
under the Regulatory Flexibility Act (5
U.S.C. 605(b)), reviewed this proposed
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
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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.
List of Subjects in 28 CFR Part 527
Transfer of offenders to or from
foreign countries.
Charles E. Samuels, Jr.,
Director, Bureau of Prisons.
Under rulemaking authority vested in
the Attorney General in 5 U.S.C. 301
and 28 U.S.C. 509, 510, and delegated
to the Director, Bureau of Prisons, we
propose to amend 28 CFR part 527 as set
forth below:
Subchapter B—Inmate Admission,
Classification, and Transfer
PART 527—TRANSFERS
1. The authority citation for 28 CFR
part 527 continues to read as follows:
■
Authority: 5 U.S.C. § 301; 18 U.S.C. 3565,
3569, 3621, 3622, 3624, 4001, 4042, 4081,
4082 (Repealed in part as to offenses
committed on or after November 1, 1987),
4100–4115, 4161–4166, (Repealed in part as
to offenses committed on or after November
1, 1987), 4201–4218, 5003, 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 subpart E to read as follows:
Subpart E—Transfer of Offenders to
Foreign Countries
Sec.
527.40 Purpose and scope.
527.41 Definitions.
527.42 Limitations on transfer of offenders
to foreign countries.
527.43 Notification of inmates.
527.44 Request for transfer to country of
citizenship or nationality.
527.45 Bureau determination on request for
transfer.
527.46 Transfer procedures.
527.47 Transfer of state prisoners to other
countries.
Subpart E—Transfer of Offenders to
Foreign Countries
§ 527.40
Purpose and scope.
This subpart describes the Bureau of
Prisons (Bureau) procedures regarding
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its role in the transfer of offenders to
foreign countries and the transfer of
American offenders back to the United
States pursuant to 18 U.S.C. 4100, et
seq., and applicable transfer treaties and
conventions.
§ 527.41
Definitions.
For the purpose of this rule, the
following definitions apply.
(a) Treaty Nation. A country with
which the United States has a transfer
treaty relationship either through a
bilateral treaty or a multilateral transfer
convention.
(b) State Prisoner. An inmate serving
a sentence imposed in a court in one of
the states of the United States, or in a
territory or commonwealth of the
United States.
(c) Departure Institution. The Bureau
of Prisons institution to which an
eligible inmate is finally transferred for
return to the country of which the
inmate is a citizen or national.
(d) Admission institution. The Bureau
of Prisons institution where a United
States citizen or national-inmate is first
received from a treaty nation.
§ 527.42 Limitations on transfer of
offenders to foreign countries.
The transfer treaties and conventions,
as well as 18 U.S.C. 4100–4115, impose
specific requirements that an inmate
must satisfy in order to be returned to
his or her country of citizenship or
nationality.
§ 527.43
Notification of inmates.
Foreign national inmates will be
notified about the International Prisoner
Transfer Program and the procedures to
follow to apply for transfer as follows:
(a) Through information provided in
the institution’s admission and
orientation program; and
(b) Through individual notice given to
an inmate who is a citizen or national
of a treaty nation. The notice must:
(1) Reiterate the availability of the
transfer program;
(2) Provide the inmate with an
opportunity to inquire about transfer to
the country of which the inmate is a
citizen or national; and
(3) Inform the inmates of the
procedures set forth in this part.
§ 527.44 Request for transfer to country of
which inmate is a citizen or national.
An inmate who is eligible for and
desires to transfer to the country of
which the inmate is a citizen or national
for service of a sentence imposed in a
United States Court must indicate the
inmate’s interest by completing and
signing the appropriate form and giving
it to Bureau staff for further processing.
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§ 527.45 Bureau determination on request
for transfer.
The following is the process by which
determinations are made on an inmate’s
request to be transferred to the country
of which the inmate is a citizen or
national to serve a sentence imposed in
a United States Court.
(a) Warden’s determination. Upon
verifying that the inmate is eligible for
transfer, the Warden forwards all
relevant information, including a
complete application package, to the
Assistant Director, Correctional
Programs Division, Central Office.
(b) Central Office and Department of
Justice determination.
(1) The Assistant Director,
Correctional Programs Division reviews
the submitted material and forwards the
application package to the Department
of Justice for review.
(2) The Department of Justice notifies
the inmate of the determinations made.
§ 527.46
(a) Treaty nation determination. If the
Department of Justice approves the
transfer request, the treaty nation will be
asked if it consents to the transfer of its
citizen or national. The inmate will be
informed of the determination made by
the treaty nation.
(b) Transfer to departure institution.
The Bureau and the Department of
Justice will arrange for the inmate to be
transferred to an appropriate departure
institution.
(c) Consent verification hearing. If the
treaty nation consents to the transfer,
the United States will arrange a consent
verification hearing for the prisoner as
required by 18 U.S.C. 4107, 4108. This
hearing is held before a U.S. Magistrate
Judge or other judicial officer as
specified in sections 4107 and 4108.
The Bureau must ensure that the
prisoner is available and present at the
consent verification hearing.
(d) Transfer to departure institution
and foreign retrieval of inmate. If the
foreign national prisoner gives consent
to transfer at the consent verification
hearing, the Department of Justice will
notify the treaty transfer nation.
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§ 527.47 Transfer of state prisoners to
other countries.
The Bureau of Prisons may assume
custody of a state prisoner who has been
approved for transfer to a treaty nation
for the purpose of facilitating the
transfer to the treaty nation. Once the
state prisoner has consented to the
transfer at the consent verification
hearing, the Bureau assumes custody of
the prisoner. The state is not required to
contract for the placement of the
prisoner in federal custody, nor to
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§ 527.48 Transfer of American national
prisoners from foreign countries.
The Bureau of Prisons is responsible
for:
(a) Sending escorts to foreign
countries to retrieve American national
prisoners who have been approved for
transfer to the United States and who
have had their consent verified at the
consent verification hearing specified in
18 U.S.C. 4108; and
(b) Making logistical arrangements for
the transfer and coordinating with the
United States Parole Commission for
proceedings to determine how the
sentence will be administered.
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reimburse the United States for the cost
of confinement (as would ordinarily be
required by 18 U.S.C. 5003).
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National Oceanic and Atmospheric
Administration
50 CFR Part 622
[Docket No. 120405260–3999–01]
RIN 0648–BC12
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; Revisions
to Dealer Permitting and Reporting
Requirements for Species Managed by
the Gulf of Mexico and South Atlantic
Fishery Management Councils
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule; request for
comments.
AGENCY:
NMFS proposes regulations to
implement a Generic Amendment to the
Fishery Management Plans (FMPs) in
the Gulf of Mexico (Gulf) and South
Atlantic Regions (Generic Dealer
Amendment). The Generic Dealer
Amendment amends the following
FMPs: Reef Fish Resources and the Red
Drum Fishery of the Gulf; the SnapperGrouper Fishery (including wreckfish),
the Golden Crab Fishery, and the
Shrimp Fishery (excluding penaeid
shrimp) of the South Atlantic Region;
the Dolphin and Wahoo Fishery of the
Atlantic; and Coastal Migratory Pelagic
(CMP) Resources and the Spiny Lobster
Fishery of the Gulf and South Atlantic,
as prepared by the Gulf and South
Atlantic Fishery Management Councils
(Councils). If implemented, this rule
would modify the permitting and
SUMMARY:
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reporting requirements for seafood
dealers who first receive species
managed by the Councils through the
previously mentioned FMPs. These
revisions would create a single dealer
permit for dealers who first receive fish
managed by the Councils, require both
purchase and non-purchase reports to
be submitted online on a weekly basis,
prohibit dealers from first receiving fish
from federally-permitted vessels if they
are delinquent in submitting reports,
and revise the sale and purchase
provisions based on the new dealer
permitting requirements. This rule also
adds regulatory language to clarify the
bag limit for private recreational vessels
when a trip exceeds one calendar day.
The intent of this rule is to obtain
timelier purchase information from
dealers to better monitor annual catch
limits (ACLs) and achieve optimum
yield (OY) in accordance with the
requirements of the Magnuson-Stevens
Fishery Conservation and Management
Act (Magnuson-Stevens Act).
DATES: Written comments must be
received on or before February 3, 2014.
ADDRESSES: You may submit comments
on the proposed rule, identified by
‘‘NOAA–NMFS–2012–0206’’, by any of
the following methods:
• Electronic submissions: Submit all
electronic public comments via the
Federal e-Rulemaking Portal. Go to
www.regulations.gov/
#!docketDetail;D=NOAA-NMFS-20120206, click the ‘‘Comment Now!’’ icon,
complete the required fields, and enter
or attach your comments.
• Mail: Submit written comments to
Rich Malinowski, Southeast Regional
Office, NMFS, 263 13th Avenue South,
St. Petersburg, FL 33701.
Instructions: Comments sent by any
other method, to any other address or
individual, or received after the end of
the comment period, may not be
considered by NMFS. All comments
received are a part of the public record
and will generally be posted for public
viewing on www.regulations.gov
without change. All personal identifying
information (e.g., name, address, etc.),
confidential business information, or
otherwise sensitive information
submitted voluntarily by the sender will
be publicly accessible. NMFS will
accept anonymous comments (enter ‘‘N/
A’’ in the required fields if you wish to
remain anonymous). Attachments to
electronic comments will be accepted in
Microsoft Word, Excel, or Adobe PDF
file formats only.
Electronic copies of the Generic
Dealer Amendment, which includes an
environmental assessment and a
regulatory impact review, may be
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[Federal Register Volume 79, Number 1 (Thursday, January 2, 2014)]
[Proposed Rules]
[Pages 78-81]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-31021]
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DEPARTMENT OF JUSTICE
Bureau of Prisons
28 CFR Part 527
[BOP-1165-P]
RIN 1120-AB65
Transfer of Offenders to Foreign Countries
AGENCY: Bureau of Prisons, Department of Justice.
ACTION: Notice of proposed rulemaking.
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SUMMARY: In this document, the Bureau of Prisons (Bureau) proposes to
streamline its regulations on transferring offenders to foreign
countries by eliminating language that constitutes agency guidance to
staff. Guidance language will be retained in the relevant Bureau
policy.
DATES: Comments due by March 3, 2014.
ADDRESSES: Comments should be submitted to the Rules Unit, Office of
General Counsel, Bureau of Prisons, 320 First Street NW., Washington,
DC 20534. You may also comment via the Internet to BOP at
BOPRULES@BOP.GOV or by using the 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 are made available for public inspection online at
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
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.
Proposed Rule
In this document, the Bureau of Prisons (Bureau) proposes to
streamline its regulations on transferring offenders to or from foreign
countries by eliminating language that constitutes agency guidance to
staff. Guidance language will be retained in the relevant Bureau
policy. Below is an analysis of each new proposed section.
Section 527.40 Purpose and Scope
This section more concisely describes the statutory authority (18
U.S.C. 4100, et seq.) for the Bureau's procedures for transferring
offenders to foreign countries and states that the purpose of this
subpart is to describe those procedures. We propose to delete obsolete
references to Public Law 95-144, as it has been codified as 18 U.S.C.
4100, and also propose to delete the recitation of authority which
stated that ``18 U.S.C. 4102 authorizes the Attorney General to act on
behalf of the United States in regard to such treaties. In accordance
with the provisions of 28 CFR 0.96b, the Attorney General has delegated
to the Director of the Bureau of Prisons, and to designees of the
Director, the authority to receive custody of, and to transfer to and
from the United States, offenders in compliance with the conditions of
the treaty.'' This authority is stated elsewhere in regulation and in
the Authority section preceding these regulations and is therefore not
necessary to repeat in these regulations.
Section 527.41 Definitions
This section continues to define the terms ``treaty nation,''
``state prisoner,''
[[Page 79]]
``departure institution,'' and ``admission institution.'' We make a few
minor changes to clarify that ``treaty nation'' is ``a country with
which the United States has a transfer treaty relationship either
through a bilateral treaty or multilateral transfer convention,''
instead of the former language, which incorrectly stated that countries
enter into treaties ``with the United States on the Execution of Penal
Sentences.'' This language is not common to all transfer agreements,
which are normally made through bilateral treaties or multilateral
transfer conventions with several countries at once or future countries
who will accede to the convention.
We also clarify that an inmate can be a ``citizen or national'' of
a foreign country, not just a citizen.
Section 527.42 Limitations on Transfer of Offenders to Foreign
Countries
This section more concisely states the previous substantive
provisions indicating that an inmate may not be considered for return
to the inmate's country of citizenship or nationality unless the inmate
satisfies specific requirements imposed by 18 U.S.C. 4100-4115 and the
transfer treaties and conventions.
We delete subsection (a), which stated that an inmate in custody
for civil contempt may not be considered for return to the inmate's
country of citizenship; and subsection (b), which stated that an inmate
with a committed fine may not be considered for return to the inmate's
country of citizenship without the United States court's permission.
Both of these exceptions are obscure limitations that have not arisen
for the Bureau and therefore do not need to be identified in
regulation.
In this section, we also propose to delete language indicating
that, ``[w]hen considered appropriate, the Warden may contact the
sentencing court to request the court's permission to process the
inmate's application for return to the inmate's country of
citizenship.'' This language is the Director's guidance to the Warden,
and is more appropriate for implementing text in policy than regulation
text.
Section 527.43 Notification of Inmates
This section continues to state that inmates will be notified
regarding information on international offender transfers through the
institution's admission and orientation program and by the case manager
of an inmate who is a citizen or national of a treaty nation. This
section also continues to indicate that the inmate must be given
individual notice of the availability of the transfer program, provided
with an opportunity to inquire about transfer to the country of which
the inmate is a citizen or national, and informed of the procedures set
forth in this part. This section was rewritten for clarity. No
substantive language or requirements were changed in this section.
Section 527.44 Request for Transfer to Country of Citizenship or
Nationality
This section consists only of current Sec. 527.44(a), unchanged,
which states that an inmate who is qualified for and desires to return
to the inmate's country of citizenship or nationality for service of a
sentence imposed in a United States Court must indicate the inmate's
interest by completing and signing the appropriate form and giving it
to Bureau staff for further processing. The rest of Sec. 527.44 is
split between the following two proposed regulations. This
reorganization is being proposed for clarity.
Section 527.45 Bureau Processing of the Transfer Request
This section consists of the substance of current Sec. Sec.
527.44(b) through (d). It more concisely indicates that the Warden will
forward the transfer application to the Assistant Director,
Correctional Programs Division, Central Office, who will then review
the material, submit it to the Department of Justice for review, and
notify the inmate of determinations made by the Department of Justice.
Section 527.46 Transfer Procedures
This section consists of the substance of current Sec. 527.44(e)
through (h), which describe transfer procedures. This regulation states
that if the Department of Justice approves the transfer request, the
treaty nation will be asked to consent to the transfer of its citizen
or national, and the inmate will be informed of the determination. If
the treaty nation consents, the United States will arrange a consent
verification hearing, held before a U.S. Magistrate Judge or other
judicial officer as specified in 18 U.S.C. 4107 and 4108. If the
foreign national prisoner consents to the transfer, the Department of
Justice will notify the transfer nation.
This section also indicates that following the verification
hearing, the Bureau will arrange for delivery of the inmate to the
authorities of the country of citizenship or nationality. We propose to
delete two provisions, currently Sec. 527.44(h)(1) and (2), which
state that the Assistant Director shall advise the Warden of these
arrangements and that the Warden shall arrange for the inmate to be
transported to the foreign authorities and assure that the required
documentation accompanies each inmate transported. Both of these
provisions are guidance to staff and are more appropriately retained in
implementing text in policy.
Section 527.47 Transfer of State Prisoners to Other Countries
This section repeats verbatim current Sec. 527.45, which states
that the Bureau may assume custody of a state prisoner who has been
approved for transfer to a treaty nation for the purpose of
facilitating the transfer to the treaty nation. Once approved, the
state is not required to contract for the placement of the prisoner in
federal custody, nor to reimburse the United States for the cost of
confinement (as would ordinarily be required by 18 U.S.C. 5003).
Section 527.48 Transfer of American National Prisoners From Foreign
Countries
This section more concisely encompasses current Sec. 527.46,
Receiving United States citizens from other countries. We simply state
that the Bureau is responsible for sending escorts to foreign countries
to retrieve American national prisoners who have been approved for
transfer and have had their consent verification hearing. In addition,
the Bureau must make transfer arrangements and coordinate with the U.S.
Parole Commission for proceedings to determine how the inmate's
sentence will be administered.
We propose to delete the following subparagraphs, however, because
they are guidance to staff which does not need to be in regulation:
Subparagraph (a) is direction to staff accepting custody of
American inmates from a foreign authority to ensure that particular
documentation, such as a certified copy of the sentence, a statement
detailing the offense, and citizenship papers, is available prior to
accepting custody of the inmate.
Subparagraph (b) is direction to the Assistant Director,
Correctional Programs Division, to direct staff to escort the offender
from the transporting country to the admission institution, citing 28
CFR 0.96b as the authority to escort the offender. It also directs
Wardens to make appropriate housing requirements with a nearby jail if
an admission institution is not able to accept the inmate.
Subparagraph (c) requires staff to arrange for a newly arrived
inmate to receive a complete physical examination, advise the local
U.S. Probation Office of the inmate's arrival, and notify the U.S.
Parole Commission of the inmate's arrival and projected release date.
[[Page 80]]
Subparagraph (d) directs staff to implement release procedures if
staff determine that an inmate is entitled to immediate release via
mandatory release or expiration of sentence with credits applied, but
only after medical clearance and the results of an FBI fingerprint
check.
This language is the Director's guidance to staff, and is more
appropriate for implementing text in policy than regulation text. It
will be retained in policy guidance, as will all staff guidance deleted
from these regulations.
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 proposed rule is not a ``significant regulatory
action'' under Executive Order 12866, section 3(f), and accordingly
this proposed rule has not been reviewed by the Office of Management
and Budget.
Executive Order 13132
This proposed 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 EO 13132, we determine
that this proposed 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 proposed 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 527
Transfer of offenders to or from foreign countries.
Charles E. Samuels, Jr.,
Director, Bureau of Prisons.
Under rulemaking authority vested in the Attorney General in 5
U.S.C. 301 and 28 U.S.C. 509, 510, and delegated to the Director,
Bureau of Prisons, we propose to amend 28 CFR part 527 as set forth
below:
Subchapter B--Inmate Admission, Classification, and Transfer
PART 527--TRANSFERS
0
1. The authority citation for 28 CFR part 527 continues to read as
follows:
Authority: 5 U.S.C. Sec. 301; 18 U.S.C. 3565, 3569, 3621,
3622, 3624, 4001, 4042, 4081, 4082 (Repealed in part as to offenses
committed on or after November 1, 1987), 4100-4115, 4161-4166,
(Repealed in part as to offenses committed on or after November 1,
1987), 4201-4218, 5003, 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.
0
2. Revise subpart E to read as follows:
Subpart E--Transfer of Offenders to Foreign Countries
Sec.
527.40 Purpose and scope.
527.41 Definitions.
527.42 Limitations on transfer of offenders to foreign countries.
527.43 Notification of inmates.
527.44 Request for transfer to country of citizenship or
nationality.
527.45 Bureau determination on request for transfer.
527.46 Transfer procedures.
527.47 Transfer of state prisoners to other countries.
Subpart E--Transfer of Offenders to Foreign Countries
Sec. 527.40 Purpose and scope.
This subpart describes the Bureau of Prisons (Bureau) procedures
regarding its role in the transfer of offenders to foreign countries
and the transfer of American offenders back to the United States
pursuant to 18 U.S.C. 4100, et seq., and applicable transfer treaties
and conventions.
Sec. 527.41 Definitions.
For the purpose of this rule, the following definitions apply.
(a) Treaty Nation. A country with which the United States has a
transfer treaty relationship either through a bilateral treaty or a
multilateral transfer convention.
(b) State Prisoner. An inmate serving a sentence imposed in a court
in one of the states of the United States, or in a territory or
commonwealth of the United States.
(c) Departure Institution. The Bureau of Prisons institution to
which an eligible inmate is finally transferred for return to the
country of which the inmate is a citizen or national.
(d) Admission institution. The Bureau of Prisons institution where
a United States citizen or national-inmate is first received from a
treaty nation.
Sec. 527.42 Limitations on transfer of offenders to foreign
countries.
The transfer treaties and conventions, as well as 18 U.S.C. 4100-
4115, impose specific requirements that an inmate must satisfy in order
to be returned to his or her country of citizenship or nationality.
Sec. 527.43 Notification of inmates.
Foreign national inmates will be notified about the International
Prisoner Transfer Program and the procedures to follow to apply for
transfer as follows:
(a) Through information provided in the institution's admission and
orientation program; and
(b) Through individual notice given to an inmate who is a citizen
or national of a treaty nation. The notice must:
(1) Reiterate the availability of the transfer program;
(2) Provide the inmate with an opportunity to inquire about
transfer to the country of which the inmate is a citizen or national;
and
(3) Inform the inmates of the procedures set forth in this part.
Sec. 527.44 Request for transfer to country of which inmate is a
citizen or national.
An inmate who is eligible for and desires to transfer to the
country of which the inmate is a citizen or national for service of a
sentence imposed in a United States Court must indicate the inmate's
interest by completing and signing the appropriate form and giving it
to Bureau staff for further processing.
[[Page 81]]
Sec. 527.45 Bureau determination on request for transfer.
The following is the process by which determinations are made on an
inmate's request to be transferred to the country of which the inmate
is a citizen or national to serve a sentence imposed in a United States
Court.
(a) Warden's determination. Upon verifying that the inmate is
eligible for transfer, the Warden forwards all relevant information,
including a complete application package, to the Assistant Director,
Correctional Programs Division, Central Office.
(b) Central Office and Department of Justice determination.
(1) The Assistant Director, Correctional Programs Division reviews
the submitted material and forwards the application package to the
Department of Justice for review.
(2) The Department of Justice notifies the inmate of the
determinations made.
Sec. 527.46 Transfer procedures.
(a) Treaty nation determination. If the Department of Justice
approves the transfer request, the treaty nation will be asked if it
consents to the transfer of its citizen or national. The inmate will be
informed of the determination made by the treaty nation.
(b) Transfer to departure institution. The Bureau and the
Department of Justice will arrange for the inmate to be transferred to
an appropriate departure institution.
(c) Consent verification hearing. If the treaty nation consents to
the transfer, the United States will arrange a consent verification
hearing for the prisoner as required by 18 U.S.C. 4107, 4108. This
hearing is held before a U.S. Magistrate Judge or other judicial
officer as specified in sections 4107 and 4108. The Bureau must ensure
that the prisoner is available and present at the consent verification
hearing.
(d) Transfer to departure institution and foreign retrieval of
inmate. If the foreign national prisoner gives consent to transfer at
the consent verification hearing, the Department of Justice will notify
the treaty transfer nation.
Sec. 527.47 Transfer of state prisoners to other countries.
The Bureau of Prisons may assume custody of a state prisoner who
has been approved for transfer to a treaty nation for the purpose of
facilitating the transfer to the treaty nation. Once the state prisoner
has consented to the transfer at the consent verification hearing, the
Bureau assumes custody of the prisoner. The state is not required to
contract for the placement of the prisoner in federal custody, nor to
reimburse the United States for the cost of confinement (as would
ordinarily be required by 18 U.S.C. 5003).
Sec. 527.48 Transfer of American national prisoners from foreign
countries.
The Bureau of Prisons is responsible for:
(a) Sending escorts to foreign countries to retrieve American
national prisoners who have been approved for transfer to the United
States and who have had their consent verified at the consent
verification hearing specified in 18 U.S.C. 4108; and
(b) Making logistical arrangements for the transfer and
coordinating with the United States Parole Commission for proceedings
to determine how the sentence will be administered.
[FR Doc. 2013-31021 Filed 12-31-13; 8:45 am]
BILLING CODE 4410-05-P
