Transfer of Offenders to Foreign Countries, 38620-38622 [2015-16610]
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Federal Register / Vol. 80, No. 129 / Tuesday, July 7, 2015 / Rules and Regulations
(i) The pre-flight security check required in
paragraph (g)(2) of this AD may be performed
by the owner/operator holding at least a
private pilot certificate as authorized by
section 43.7 of the Federal Aviation
Regulations (14 CFR 43.7), and must be
entered into the aircraft records showing
compliance with this AD in accordance with
section 43.9 of the Federal Aviation
Regulations (14 CFR 43.9).
Note 1 to paragraph (g)(2)(i): Piper
Aircraft, Inc. Mandatory Service Bulletin No.
1283, dated June 12, 2015, which is
incorporated by reference in this AD,
includes pictures for accessing and locating
the cabin altitude encoder and can be used
as guidance for performing this preflight
check. See paragraphs (l)(3) and (l)(4) for the
availability of this service information.
(ii) The pre-flight security check required
in paragraph (g)(2) of this AD is no longer
necessary after the modification required by
either paragraph (g)(1) or (g)(2) of this AD.
(h) Inspection
Within 50 hours TIS after doing the
modification required in paragraph (g)(1) or
(g)(2) of this AD and repetitively thereafter
not to exceed 50 hours TIS, inspect the
encoder mounting installation to verify the
proper condition and security of the cable
ties and the security of the knurled
holddown nut. Do the inspection following
Part II of Piper Aircraft, Inc. Mandatory
Service Bulletin No. 1283, dated June 12,
2015.
(1) If the cable ties are found to not be
properly secure or are not in proper
condition during the inspection required in
paragraph (h) of this AD, before further flight,
replace with new cable ties following Part I
of Piper Aircraft, Inc. Mandatory Service
Bulletin No. 1283, dated June 12, 2015.
(2) If the knurled holddown nut is found
to not be properly secure during the
inspection required in paragraph (h) of this
AD, before further flight, apply threadlocking compound following Part I of Piper
Aircraft, Inc. Mandatory Service Bulletin No.
1283, dated June 12, 2015.
(i) Special Flight Permit
Special flight permits are permitted with
the following limitation: The pre-flight
security check required in paragraph (g)(2) of
this AD must be done.
(k) Related Information
For more information about this AD,
contact Gregory ‘‘Keith’’ Noles, Aerospace
Engineer, FAA, Atlanta ACO, 1701 Columbia
Avenue, College Park, Georgia 30337; phone:
(404) 474–5551; fax: (404) 474–5606; email:
gregory.noles@faa.gov.
(l) Material Incorporated by Reference
(1) The Director of the Federal Register
approved the incorporation by reference
(IBR) of the service information listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR
part 51.
(2) You must use this service information
as applicable to do the actions required by
this AD, unless the AD specifies otherwise.
(i) Piper Aircraft, Inc. Mandatory Service
Bulletin No. 1283, dated June 12, 2015.
(ii) Reserved.
(3) For Piper Aircraft, Inc. service
information identified in this AD, contact
Piper Aircraft, Inc., 2926 Piper Drive, Vero
Beach, Florida 32960; telephone: (877) 879–
0275; email: customer.service@piper.com;
Internet: www.piper.com.
(4) You may view this service information
at FAA, FAA, Small Airplane Directorate,
901 Locust, Kansas City, Missouri 64106. For
information on the availability of this
material at the FAA, call (816) 329–4148.
(5) You may view this service information
that is incorporated by reference at the
National Archives and Records
Administration (NARA). For information on
the availability of this material at NARA, call
202–741–6030, or go to: https://
www.archives.gov/federal-register/cfr/ibrlocations.html.
Issued in Kansas City, Missouri, on June
24, 2015.
Earl Lawrence,
Manager, Small Airplane Directorate, Aircraft
Certification Service.
[FR Doc. 2015–16181 Filed 7–6–15; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF JUSTICE
Bureau of Prisons
28 CFR Part 527
[BOP–1165–F]
srobinson on DSK5SPTVN1PROD with RULES
(j) Alternative Methods of Compliance
(AMOCs)
RIN 1120–AB65
(1) The Manager, Atlanta Aircraft
Certification Office (ACO), 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 manager of the ACO, send it to the
attention of the person identified in
paragraph (k) of this AD.
(2) 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.
Transfer of Offenders to Foreign
Countries
VerDate Sep<11>2014
19:51 Jul 06, 2015
Jkt 235001
Bureau of Prisons, Department
of Justice.
ACTION: Final rule.
AGENCY:
In this document, the Bureau
of Prisons (Bureau) streamlines
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.
SUMMARY:
PO 00000
Frm 00008
Fmt 4700
Sfmt 4700
This rule is effective on August
6, 2015.
FOR FURTHER INFORMATION CONTACT:
Sarah Qureshi, Office of General
Counsel, Bureau of Prisons, phone (202)
307–2105.
SUPPLEMENTARY INFORMATION: In this
document, the Bureau of Prisons
(Bureau) streamlines 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. We
published a proposed rule on this
subject on January 2, 2014 (79 FR 78).
We received 6 comments on the
proposed rule. Five of those comments
were generally in support of the rule.
One comment raised issues which we
respond to below.
First, the commenter suggested that
‘‘the Bureau of Prisons undertake a more
substantial revision of the section that
addresses notification of inmates, along
with rewriting the agency guidance to
staff on this issue as it appears in
Program Statement 5140.40.’’ The
commenter refers to § 527.43,
Notification of inmates, which indicates
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 indicates 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. We note, however, that per the
commenter’s request, agency guidance
to staff in the corresponding Program
Statement on Transfer of Offenders To
or From Foreign Countries is
concurrently being rewritten to
accommodate the revised regulations
and to reflect changes in agency
guidance to staff.
The commenter also questioned
whether translations of the notifications
and/or Transfer Inquiry Forms
described in § 527.43 (Notification of
inmates) and § 527.44 (Request for
transfer to country of citizenship or
nationality) can be obtained in
languages other than English, Spanish,
and French. The Transfer Inquiry form
has, in fact, been translated into the
languages of all of the countries with
which the United States have Treaty
agreements. The Bureau is in the
DATES:
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07JYR1
Federal Register / Vol. 80, No. 129 / Tuesday, July 7, 2015 / Rules and Regulations
process of posting these forms to our
public Web site. Unit staff currently
provides the translated forms to inmates
who have expressed an interest in
Treaty Transfer.
The commenter was concerned that
the ‘‘process of notifying inmates about
the transfer program and forwarding
their applications to the Department of
Justice is unnecessarily lengthy and has
many problems. A few case managers
still neglect to offer the information and
an opportunity to apply for transfer to
inmates at the admission and
orientation program. Many miss the 60day deadline within which transfer
applications are supposed to be mailed
to Washington. Most seriously, some
case managers actively obstruct the
program in the way they handle the
forms after the inmate expresses an
interest in transfer, and they seem to act
with total impunity.’’ The Bureau agrees
that timeliness issues have occurred in
the past. Effective December 2013, the
Bureau began monitoring the Treaty
Transfer Case Management Activity
(CMA) Assignments to ensure they are
entered within 28 calendar days from
initial commitment. The Bureau will
now ensure that a Treaty Transfer
application packet is received in Central
Office within 60 days of the CMA
assignment indicating an inmate has
expressed an interest in Treaty Transfer.
For the aforementioned reasons, the
Bureau now finalizes the proposed rule
published on January 2, 2014, without
change.
srobinson on DSK5SPTVN1PROD with 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
EO 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
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19:51 Jul 06, 2015
Jkt 235001
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 section 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
District of Columbia, Foreign
relations, Intergovernmental relations,
Prisoners, Women.
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, in 28
CFR 0.96, we 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
PO 00000
Frm 00009
Fmt 4700
Sfmt 4700
38621
(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.
527.48 Transfer of American national
prisoners from foreign countries.
Subpart E—Transfer of Offenders to
Foreign Countries
§ 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.
§ 527.41
Definitions.
For the purpose of this subpart, 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
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07JYR1
38622
Federal Register / Vol. 80, No. 129 / Tuesday, July 7, 2015 / Rules and Regulations
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.
§ 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.
srobinson on DSK5SPTVN1PROD with RULES
§ 527.46
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.
§ 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).
§ 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.
Executive Order 12866
[FR Doc. 2015–16610 Filed 7–6–15; 8:45 am]
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.
BILLING CODE 4410–05–P
DEPARTMENT OF JUSTICE
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
VerDate Sep<11>2014
19:51 Jul 06, 2015
Jkt 235001
sentence commutation which clarifies
that Bureau staff, other than institutionlevel staff, will recalculate the inmate’s
sentence in accordance with the terms
of the commutation order if a petition
for commutation of sentence is granted.
DATES: This rule is effective on August
6, 2015.
FOR FURTHER INFORMATION CONTACT:
Sarah Qureshi, Office of General
Counsel, Bureau of Prisons, phone (202)
307–2105.
SUPPLEMENTARY INFORMATION: This
document finalizes a minor technical
change to the Bureau regulations on
sentence commutation which clarifies
that Bureau staff other than institutionlevel staff will recalculate the inmate’s
sentence in accordance with the terms
of the commutation order if a petition
for commutation of sentence is granted.
That function is currently completed by
the Bureau’s Designation and
Computation Center (DSCC), located in
Grand Prairie, Texas. We received no
comments on the interim rule that was
published on March 23, 2010.
For the aforementioned reasons, the
interim rule on this subject on that was
published on March 23, 2010 (75 FR
13680) is adopted as final without
change.
Bureau of Prisons
28 CFR Part 571
[BOP–1154–F]
RIN 1120–AB54
Commutation of Sentence: Technical
Change
Bureau of Prisons, Justice.
Final rule.
AGENCY:
ACTION:
This document finalizes a
minor technical change to the Bureau of
Prisons (Bureau) regulations on
SUMMARY:
PO 00000
Frm 00010
Fmt 4700
Sfmt 4700
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 of the 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
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
E:\FR\FM\07JYR1.SGM
07JYR1
]]>Agencies
[Federal Register Volume 80, Number 129 (Tuesday, July 7, 2015)]
[Rules and Regulations]
[Pages 38620-38622]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-16610]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF JUSTICE
Bureau of Prisons
28 CFR Part 527
[BOP-1165-F]
RIN 1120-AB65
Transfer of Offenders to Foreign Countries
AGENCY: Bureau of Prisons, Department of Justice.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: In this document, the Bureau of Prisons (Bureau) streamlines
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: This rule is effective on August 6, 2015.
FOR FURTHER INFORMATION CONTACT: Sarah Qureshi, Office of General
Counsel, Bureau of Prisons, phone (202) 307-2105.
SUPPLEMENTARY INFORMATION: In this document, the Bureau of Prisons
(Bureau) streamlines 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. We published a proposed rule on this subject on January
2, 2014 (79 FR 78). We received 6 comments on the proposed rule. Five
of those comments were generally in support of the rule. One comment
raised issues which we respond to below.
First, the commenter suggested that ``the Bureau of Prisons
undertake a more substantial revision of the section that addresses
notification of inmates, along with rewriting the agency guidance to
staff on this issue as it appears in Program Statement 5140.40.'' The
commenter refers to Sec. 527.43, Notification of inmates, which
indicates 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 indicates 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. We note, however, that per the commenter's
request, agency guidance to staff in the corresponding Program
Statement on Transfer of Offenders To or From Foreign Countries is
concurrently being rewritten to accommodate the revised regulations and
to reflect changes in agency guidance to staff.
The commenter also questioned whether translations of the
notifications and/or Transfer Inquiry Forms described in Sec. 527.43
(Notification of inmates) and Sec. 527.44 (Request for transfer to
country of citizenship or nationality) can be obtained in languages
other than English, Spanish, and French. The Transfer Inquiry form has,
in fact, been translated into the languages of all of the countries
with which the United States have Treaty agreements. The Bureau is in
the
[[Page 38621]]
process of posting these forms to our public Web site. Unit staff
currently provides the translated forms to inmates who have expressed
an interest in Treaty Transfer.
The commenter was concerned that the ``process of notifying inmates
about the transfer program and forwarding their applications to the
Department of Justice is unnecessarily lengthy and has many problems. A
few case managers still neglect to offer the information and an
opportunity to apply for transfer to inmates at the admission and
orientation program. Many miss the 60-day deadline within which
transfer applications are supposed to be mailed to Washington. Most
seriously, some case managers actively obstruct the program in the way
they handle the forms after the inmate expresses an interest in
transfer, and they seem to act with total impunity.'' The Bureau agrees
that timeliness issues have occurred in the past. Effective December
2013, the Bureau began monitoring the Treaty Transfer Case Management
Activity (CMA) Assignments to ensure they are entered within 28
calendar days from initial commitment. The Bureau will now ensure that
a Treaty Transfer application packet is received in Central Office
within 60 days of the CMA assignment indicating an inmate has expressed
an interest in Treaty Transfer.
For the aforementioned reasons, the Bureau now finalizes the
proposed rule published on January 2, 2014, without change.
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 EO 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 section 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
District of Columbia, Foreign relations, Intergovernmental
relations, Prisoners, Women.
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, in 28 CFR 0.96, we 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. 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.
527.48 Transfer of American national prisoners from foreign
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 subpart, 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
[[Page 38622]]
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.
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. 2015-16610 Filed 7-6-15; 8:45 am]
BILLING CODE 4410-05-P
