Commutation of Sentence: Technical Change, 38622-38623 [2015-16635]
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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:
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Fmt 4700
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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
Federal Register / Vol. 80, No. 129 / Tuesday, July 7, 2015 / Rules and Regulations
management of offenders committed to
the custody of the Attorney General or
the Director of the Bureau of Prisons,
and its economic impact is limited to
the Bureau’s appropriated funds.
Unfunded Mandates Reform Act of
1995
This rule will not result in the
expenditure by State, local and tribal
governments, in the aggregate, or by the
private sector, of $100,000,000 or more
in any one year, and it will not
significantly or uniquely affect small
governments. Therefore, no actions were
deemed necessary under the provisions
of the Unfunded Mandates Reform Act
of 1995.
Small Business Regulatory Enforcement
Fairness Act of 1996
This rule is not a major rule as
defined by § 804 of the Small Business
Regulatory Enforcement Fairness Act of
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 571
Prisoners.
Accordingly, the interim rule on this
subject amending 28 CFR part 571 that
was published on March 23, 2010 (75
FR 13680) is adopted as final without
change.
L.C. Eichenlaub,
Deputy Director, Bureau of Prisons.
Point, in support of the Underwater
Vessel Testing. This safety zone is
established to ensure the safety of the
testing participants and mariners
transiting the area. Unauthorized
persons or vessels are prohibited from
entering into, transiting through, or
remaining in the safety zone without
permission of the Captain of the Port or
their designated representative.
DATES: This rule is effective without
actual notice from July 7, 2015 until
October 31, 2015. For purposes of
enforcement, actual notice will be used
from July 1, 2015 until July 7, 2015.
ADDRESSES: Documents mentioned in
this preamble are part of docket USCG–
2015–0422. To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type the docket
number in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rulemaking. You may also visit the
Docket Management Facility in Room
W12–140 on the ground floor of the
Department of Transportation West
Building, 1200 New Jersey Avenue SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this temporary
rule, call or email Lieutenant Marcia
Medina, U.S. Coast Guard Sector San
Francisco; telephone (415) 399–7443 or
email at D11-PF-MarineEvents@
uscg.mil. If you have questions on
viewing the docket, call Program
Manager, Docket Operations, telephone
(202)366–9826.
SUPPLEMENTARY INFORMATION:
[FR Doc. 2015–16635 Filed 7–6–15; 8:45 am]
Table of Acronyms
BILLING CODE 4410–05–P
DHS Department of Homeland Security
FR Federal Register
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2015–0422]
RIN 1625–AA00
srobinson on DSK5SPTVN1PROD with RULES
Safety Zone: Underwater Vessel
Testing, San Francisco Bay, San
Francisco, CA
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone in
the navigable waters of San Francisco
Bay in San Francisco, CA near Hunters
SUMMARY:
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19:51 Jul 06, 2015
Jkt 235001
A. Regulatory History and Information
The Coast Guard is issuing this
temporary final rule without prior
notice and opportunity to comment
pursuant to authority under section 4(a)
of the Administrative Procedure Act
(APA) (5 U.S.C. 553(b)). This provision
authorizes an agency to issue a rule
without prior notice and opportunity to
comment when the agency for good
cause finds that those procedures are
‘‘impracticable, unnecessary, or contrary
to the public interest.’’ The Coast Guard
received the information about the event
on May 11, 2015, and the event would
occur before the rulemaking process
would be completed. Due to the short
timeframe for issuing this safety zone,
we find that it is impracticable to solicit
comments for this temporary final rule.
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38623
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this rule effective less than 30
days after publication in the Federal
Register for similar reasons listed above.
Due to the time constraints noted, it is
impracticable to give 30 days notice
before the effective date of this rule.
B. Basis and Purpose
The legal basis for the proposed rule
is 33 U.S.C 1231; 50 U.S.C. 191, 33 CFR
1.05–1, 6.04–1, 6.04–6, 160.5; and
Department of Homeland Security
Delegation No. 0170.1, which
collectively authorize the Coast Guard
to establish safety zones.
The Office of the Secretary of Defense
will host Underwater Vessel Testing
periodically between July 1 through
October 31, 2015 in the navigable waters
of San Francisco Bay in San Francisco,
CA near Hunter’s Point. The safety zone
is needed to establish a temporary
restricted area on the waters
surrounding the testing. A restricted
area is necessary to ensure the safety of
mariners transiting the area.
C. Discussion of the Final Rule
The Coast Guard will enforce a safety
zone in navigable waters around the
testing. The Underwater Vessel Testing
Safety Zone establishes a temporary
restricted area on the water within an
area connecting the following points:
37°43′30″ N., 122°21′6″ W.; 37°43′53″
N., 122°19′17″ W.; 37°41′34″ N.,
122°20′30″ W.; 37°41′56″ N., 122°18′42″
W.; thence back to the point of origin
(NAD 83). Periods of enforcement will
be requested by the Office of the
Secretary of Defense with one week
notice and approved by the COTP. This
safety zone will be enforced for a
duration of 6 to up to 72 hours as
announced via Broadcast Notice to
Mariners periodically between July 1
through October 31, 2015. At the
conclusion of the testing evolution the
safety zone shall terminate for each
evolution.
The effect of the temporary safety
zone will be to restrict navigation in the
vicinity of the testing. Except for
persons or vessels authorized by the
Coast Guard Patrol Commander, no
person or vessel may enter or remain in
the restricted area. These regulations are
needed to keep vessels away from the
vicinity of the testing to ensure the
safety of mariners transiting the area.
D. Regulatory Analyses
We developed this rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analyses
E:\FR\FM\07JYR1.SGM
07JYR1
]]>Agencies
[Federal Register Volume 80, Number 129 (Tuesday, July 7, 2015)]
[Rules and Regulations]
[Pages 38622-38623]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-16635]
-----------------------------------------------------------------------
DEPARTMENT OF JUSTICE
Bureau of Prisons
28 CFR Part 571
[BOP-1154-F]
RIN 1120-AB54
Commutation of Sentence: Technical Change
AGENCY: Bureau of Prisons, Justice.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This document finalizes a minor technical change to the Bureau
of Prisons (Bureau) regulations on sentence commutation which clarifies
that Bureau staff, other than institution-level 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 institution-level 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.
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 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
This regulation will not have substantial direct effects on the
States, on the relationship between the national government and the
States, or on distribution of power and responsibilities among the
various levels of government. Therefore, under Executive Order 13132,
we determine that this rule does not have sufficient federalism
implications to warrant the preparation of a Federalism Assessment.
Regulatory Flexibility Act
The Director of the Bureau of Prisons, under the Regulatory
Flexibility Act (5 U.S.C. 605(b)), reviewed this regulation and by
approving it certifies that it will not have a significant economic
impact upon a substantial number of small entities for the following
reasons: This rule pertains to the correctional
[[Page 38623]]
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 571
Prisoners.
Accordingly, the interim rule on this subject amending 28 CFR part
571 that was published on March 23, 2010 (75 FR 13680) is adopted as
final without change.
L.C. Eichenlaub,
Deputy Director, Bureau of Prisons.
[FR Doc. 2015-16635 Filed 7-6-15; 8:45 am]
BILLING CODE 4410-05-P
