80_FR_38749 80 FR 38620 - Transfer of Offenders to Foreign Countries

80 FR 38620 - Transfer of Offenders to Foreign Countries

DEPARTMENT OF JUSTICE
Bureau of Prisons

Federal Register Volume 80, Issue 129 (July 7, 2015)

Page Range38620-38622
FR Document2015-16610

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.

Federal Register, Volume 80 Issue 129 (Tuesday, July 7, 2015)
[Federal Register Volume 80, Number 129 (Tuesday, July 7, 2015)]
[Rules and Regulations]
[Pages 38620-38622]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-16610]


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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



                                              38620                Federal Register / Vol. 80, No. 129 / Tuesday, July 7, 2015 / Rules and Regulations

                                                 (i) The pre-flight security check required in         (k) Related Information                               DATES:   This rule is effective on August
                                              paragraph (g)(2) of this AD may be performed               For more information about this AD,                 6, 2015.
                                              by the owner/operator holding at least a                 contact Gregory ‘‘Keith’’ Noles, Aerospace            FOR FURTHER INFORMATION CONTACT:
                                              private pilot certificate as authorized by               Engineer, FAA, Atlanta ACO, 1701 Columbia
                                              section 43.7 of the Federal Aviation                                                                           Sarah Qureshi, Office of General
                                                                                                       Avenue, College Park, Georgia 30337; phone:           Counsel, Bureau of Prisons, phone (202)
                                              Regulations (14 CFR 43.7), and must be                   (404) 474–5551; fax: (404) 474–5606; email:
                                              entered into the aircraft records showing                gregory.noles@faa.gov.
                                                                                                                                                             307–2105.
                                              compliance with this AD in accordance with                                                                     SUPPLEMENTARY INFORMATION: In this
                                              section 43.9 of the Federal Aviation                     (l) Material Incorporated by Reference                document, the Bureau of Prisons
                                              Regulations (14 CFR 43.9).                                  (1) The Director of the Federal Register           (Bureau) streamlines regulations on
                                                 Note 1 to paragraph (g)(2)(i): Piper                  approved the incorporation by reference               transferring offenders to or from foreign
                                              Aircraft, Inc. Mandatory Service Bulletin No.            (IBR) of the service information listed in this       countries by eliminating language that
                                              1283, dated June 12, 2015, which is                      paragraph under 5 U.S.C. 552(a) and 1 CFR
                                                                                                                                                             constitutes agency guidance to staff.
                                              incorporated by reference in this AD,                    part 51.
                                                                                                          (2) You must use this service information          Guidance language will be retained in
                                              includes pictures for accessing and locating
                                              the cabin altitude encoder and can be used               as applicable to do the actions required by           the relevant Bureau policy. We
                                              as guidance for performing this preflight                this AD, unless the AD specifies otherwise.           published a proposed rule on this
                                              check. See paragraphs (l)(3) and (l)(4) for the             (i) Piper Aircraft, Inc. Mandatory Service         subject on January 2, 2014 (79 FR 78).
                                              availability of this service information.                Bulletin No. 1283, dated June 12, 2015.               We received 6 comments on the
                                                                                                          (ii) Reserved.                                     proposed rule. Five of those comments
                                                 (ii) The pre-flight security check required
                                                                                                          (3) For Piper Aircraft, Inc. service               were generally in support of the rule.
                                              in paragraph (g)(2) of this AD is no longer
                                                                                                       information identified in this AD, contact            One comment raised issues which we
                                              necessary after the modification required by
                                                                                                       Piper Aircraft, Inc., 2926 Piper Drive, Vero
                                              either paragraph (g)(1) or (g)(2) of this AD.                                                                  respond to below.
                                                                                                       Beach, Florida 32960; telephone: (877) 879–
                                                                                                       0275; email: customer.service@piper.com;
                                                                                                                                                                First, the commenter suggested that
                                              (h) Inspection
                                                                                                       Internet: www.piper.com.                              ‘‘the Bureau of Prisons undertake a more
                                                 Within 50 hours TIS after doing the                                                                         substantial revision of the section that
                                              modification required in paragraph (g)(1) or                (4) You may view this service information
                                                                                                       at FAA, FAA, Small Airplane Directorate,              addresses notification of inmates, along
                                              (g)(2) of this AD and repetitively thereafter
                                              not to exceed 50 hours TIS, inspect the                  901 Locust, Kansas City, Missouri 64106. For          with rewriting the agency guidance to
                                              encoder mounting installation to verify the              information on the availability of this               staff on this issue as it appears in
                                                                                                       material at the FAA, call (816) 329–4148.             Program Statement 5140.40.’’ The
                                              proper condition and security of the cable
                                                                                                          (5) You may view this service information          commenter refers to § 527.43,
                                              ties and the security of the knurled
                                                                                                       that is incorporated by reference at the              Notification of inmates, which indicates
                                              holddown nut. Do the inspection following
                                                                                                       National Archives and Records
                                              Part II of Piper Aircraft, Inc. Mandatory
                                                                                                       Administration (NARA). For information on
                                                                                                                                                             that inmates will be notified regarding
                                              Service Bulletin No. 1283, dated June 12,                                                                      information on international offender
                                                                                                       the availability of this material at NARA, call
                                              2015.                                                                                                          transfers through the institution’s
                                                                                                       202–741–6030, or go to: http://
                                                 (1) If the cable ties are found to not be                                                                   admission and orientation program and
                                                                                                       www.archives.gov/federal-register/cfr/ibr-
                                              properly secure or are not in proper
                                                                                                       locations.html.                                       by the case manager of an inmate who
                                              condition during the inspection required in
                                              paragraph (h) of this AD, before further flight,           Issued in Kansas City, Missouri, on June            is a citizen or national of a treaty nation.
                                              replace with new cable ties following Part I             24, 2015.                                             This section indicates that the inmate
                                              of Piper Aircraft, Inc. Mandatory Service                Earl Lawrence,                                        must be given individual notice of the
                                              Bulletin No. 1283, dated June 12, 2015.                  Manager, Small Airplane Directorate, Aircraft
                                                                                                                                                             availability of the transfer program,
                                                 (2) If the knurled holddown nut is found              Certification Service.                                provided with an opportunity to inquire
                                              to not be properly secure during the                                                                           about transfer to the country of which
                                                                                                       [FR Doc. 2015–16181 Filed 7–6–15; 8:45 am]
                                              inspection required in paragraph (h) of this                                                                   the inmate is a citizen or national, and
                                              AD, before further flight, apply thread-                 BILLING CODE 4910–13–P
                                                                                                                                                             informed of the procedures set forth in
                                              locking compound following Part I of Piper                                                                     this part. This section was rewritten for
                                              Aircraft, Inc. Mandatory Service Bulletin No.                                                                  clarity. No substantive language or
                                              1283, dated June 12, 2015.                               DEPARTMENT OF JUSTICE                                 requirements were changed in this
                                              (i) Special Flight Permit                                                                                      section. We note, however, that per the
                                                                                                       Bureau of Prisons
                                                Special flight permits are permitted with                                                                    commenter’s request, agency guidance
                                              the following limitation: The pre-flight                                                                       to staff in the corresponding Program
                                                                                                       28 CFR Part 527
                                              security check required in paragraph (g)(2) of                                                                 Statement on Transfer of Offenders To
                                              this AD must be done.                                    [BOP–1165–F]                                          or From Foreign Countries is
                                              (j) Alternative Methods of Compliance                                                                          concurrently being rewritten to
                                                                                                       RIN 1120–AB65                                         accommodate the revised regulations
                                              (AMOCs)
                                                 (1) The Manager, Atlanta Aircraft                     Transfer of Offenders to Foreign                      and to reflect changes in agency
                                              Certification Office (ACO), FAA, has the                 Countries                                             guidance to staff.
                                              authority to approve AMOCs for this AD, if                                                                        The commenter also questioned
                                              requested using the procedures found in 14               AGENCY:   Bureau of Prisons, Department               whether translations of the notifications
                                              CFR 39.19. In accordance with 14 CFR 39.19,              of Justice.                                           and/or Transfer Inquiry Forms
                                              send your request to your principal inspector            ACTION: Final rule.                                   described in § 527.43 (Notification of
                                              or local Flight Standards District Office, as                                                                  inmates) and § 527.44 (Request for
                                              appropriate. If sending information directly             SUMMARY:   In this document, the Bureau               transfer to country of citizenship or
srobinson on DSK5SPTVN1PROD with RULES




                                              to the manager of the ACO, send it to the                of Prisons (Bureau) streamlines                       nationality) can be obtained in
                                              attention of the person identified in
                                                                                                       regulations on transferring offenders to              languages other than English, Spanish,
                                              paragraph (k) of this AD.
                                                 (2) Before using any approved AMOC,                   foreign countries by eliminating                      and French. The Transfer Inquiry form
                                              notify your appropriate principal inspector,             language that constitutes agency                      has, in fact, been translated into the
                                              or lacking a principal inspector, the manager            guidance to staff. Guidance language                  languages of all of the countries with
                                              of the local flight standards district office/           will be retained in the relevant Bureau               which the United States have Treaty
                                              certificate holding district office.                     policy.                                               agreements. The Bureau is in the


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                                                                   Federal Register / Vol. 80, No. 129 / Tuesday, July 7, 2015 / Rules and Regulations                                              38621

                                              process of posting these forms to our                    U.S.C. 605(b)), reviewed this regulation              (Repealed October 12, 1984 as to offenses
                                              public Web site. Unit staff currently                    and, by approving it, certifies that it will          committed after that date), 5039; 28 U.S.C.
                                              provides the translated forms to inmates                 not have a significant economic impact                509, 510; 28 CFR 0.95–0.99.
                                              who have expressed an interest in                        upon a substantial number of small                    ■   2. Revise subpart E to read as follows:
                                              Treaty Transfer.                                         entities for the following reasons: This              Subpart E—Transfer of Offenders to
                                                 The commenter was concerned that                      rule pertains to the correctional                     Foreign Countries
                                              the ‘‘process of notifying inmates about                 management of offenders committed to                  Sec.
                                              the transfer program and forwarding                      the custody of the Attorney General or                527.40 Purpose and scope.
                                              their applications to the Department of                  the Director of the Bureau of Prisons,                527.41 Definitions.
                                              Justice is unnecessarily lengthy and has                 and its economic impact is limited to                 527.42 Limitations on transfer of offenders
                                              many problems. A few case managers                       the Bureau’s appropriated funds.                           to foreign countries.
                                              still neglect to offer the information and                                                                     527.43 Notification of inmates.
                                              an opportunity to apply for transfer to                  Unfunded Mandates Reform Act of                       527.44 Request for transfer to country of
                                              inmates at the admission and                             1995                                                       citizenship or nationality.
                                              orientation program. Many miss the 60-                     This rule will not result in the                    527.45 Bureau determination on request for
                                              day deadline within which transfer                       expenditure by State, local, and tribal                    transfer.
                                                                                                                                                             527.46 Transfer procedures.
                                              applications are supposed to be mailed                   governments, in the aggregate, or by the
                                                                                                                                                             527.47 Transfer of state prisoners to other
                                              to Washington. Most seriously, some                      private sector, of $100,000,000 or more                    countries.
                                              case managers actively obstruct the                      in any one year, and it will not                      527.48 Transfer of American national
                                              program in the way they handle the                       significantly or uniquely affect small                     prisoners from foreign countries.
                                              forms after the inmate expresses an                      governments. Therefore, no actions were
                                              interest in transfer, and they seem to act               deemed necessary under the provisions                 Subpart E—Transfer of Offenders to
                                              with total impunity.’’ The Bureau agrees                 of the Unfunded Mandates Reform Act                   Foreign Countries
                                              that timeliness issues have occurred in                  of 1995.
                                                                                                                                                             § 527.40    Purpose and scope.
                                              the past. Effective December 2013, the
                                                                                                       Small Business Regulatory Enforcement                    This subpart describes the Bureau of
                                              Bureau began monitoring the Treaty
                                                                                                       Fairness Act of 1996                                  Prisons (Bureau) procedures regarding
                                              Transfer Case Management Activity
                                              (CMA) Assignments to ensure they are                       This rule is not a major rule as                    its role in the transfer of offenders to
                                              entered within 28 calendar days from                     defined by section 804 of the Small                   foreign countries and the transfer of
                                              initial commitment. The Bureau will                      Business Regulatory Enforcement                       American offenders back to the United
                                              now ensure that a Treaty Transfer                        Fairness Act of 1996. This rule will not              States pursuant to 18 U.S.C. 4100, et
                                              application packet is received in Central                result in an annual effect on the                     seq., and applicable transfer treaties and
                                              Office within 60 days of the CMA                         economy of $100,000,000 or more; a                    conventions.
                                              assignment indicating an inmate has                      major increase in costs or prices; or
                                                                                                                                                             § 527.41    Definitions.
                                              expressed an interest in Treaty Transfer.                significant adverse effects on
                                                 For the aforementioned reasons, the                   competition, employment, investment,                     For the purpose of this subpart, the
                                              Bureau now finalizes the proposed rule                   productivity, innovation, or on the                   following definitions apply.
                                              published on January 2, 2014, without                    ability of United States-based                           (a) Treaty nation. A country with
                                              change.                                                  companies to compete with foreign-                    which the United States has a transfer
                                                                                                       based companies in domestic and                       treaty relationship either through a
                                              Executive Order 12866                                                                                          bilateral treaty or a multilateral transfer
                                                                                                       export markets.
                                                This regulation has been drafted and                                                                         convention.
                                              reviewed in accordance with Executive                    List of Subjects in 28 CFR Part 527                      (b) State prisoner. An inmate serving
                                              Order 12866, Regulatory Planning and                       District of Columbia, Foreign                       a sentence imposed in a court in one of
                                              Review, section 1(b), ‘‘Principles of                    relations, Intergovernmental relations,               the states of the United States, or in a
                                              Regulation.’’ The Director, Bureau of                    Prisoners, Women.                                     territory or commonwealth of the
                                              Prisons, has determined that this rule is                                                                      United States.
                                                                                                       Charles E. Samuels, Jr.,
                                              not a ‘‘significant regulatory action’’                                                                           (c) Departure institution. The Bureau
                                              under Executive Order 12866, section                     Director, Bureau of Prisons.                          of Prisons institution to which an
                                              3(f), and accordingly this rule has not                    Under rulemaking authority vested in                eligible inmate is finally transferred for
                                              been reviewed by the Office of                           the Attorney General in 5 U.S.C. 301                  return to the country of which the
                                              Management and Budget.                                   and 28 U.S.C. 509, 510, and delegated                 inmate is a citizen or national.
                                                                                                       to the Director, Bureau of Prisons, in 28                (d) Admission institution. The Bureau
                                              Executive Order 13132
                                                                                                       CFR 0.96, we amend 28 CFR part 527 as                 of Prisons institution where a United
                                                This regulation will not have                          set forth below.                                      States citizen or national-inmate is first
                                              substantial direct effects on the States,                                                                      received from a treaty nation.
                                              on the relationship between the national                 SUBCHAPTER B—INMATE ADMISSION,
                                                                                                       CLASSIFICATION, AND TRANSFER                          § 527.42 Limitations on transfer of
                                              government and the States, or on
                                              distribution of power and                                                                                      offenders to foreign countries.
                                                                                                       PART 527—TRANSFERS
                                              responsibilities among the various                                                                               The transfer treaties and conventions,
                                              levels of government. Therefore, under                   ■ 1. The authority citation for 28 CFR                as well as 18 U.S.C. 4100–4115, impose
                                              EO 13132, we determine that this rule                    part 527 continues to read as follows:                specific requirements that an inmate
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                                              does not have sufficient federalism                         Authority: 5 U.S.C. 301; 18 U.S.C. 3565,
                                                                                                                                                             must satisfy in order to be returned to
                                              implications to warrant the preparation                  3569, 3621, 3622, 3624, 4001, 4042, 4081,             his or her country of citizenship or
                                              of a Federalism Assessment.                              4082 (Repealed in part as to offenses                 nationality.
                                              Regulatory Flexibility Act                               committed on or after November 1, 1987),
                                                                                                                                                             § 527.43    Notification of inmates.
                                                                                                       4100–4115, 4161–4166, (Repealed in part as
                                                The Director of the Bureau of Prisons,                 to offenses committed on or after November              Foreign national inmates will be
                                              under the Regulatory Flexibility Act (5                  1, 1987), 4201–4218, 5003, 5006–5024                  notified about the International Prisoner


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                                              38622                Federal Register / Vol. 80, No. 129 / Tuesday, July 7, 2015 / Rules and Regulations

                                              Transfer Program and the procedures to                   verification hearing for the prisoner as              sentence commutation which clarifies
                                              follow to apply for transfer as follows:                 required by 18 U.S.C. 4107, 4108. This                that Bureau staff, other than institution-
                                                 (a) Through information provided in                   hearing is held before a U.S. Magistrate              level staff, will recalculate the inmate’s
                                              the institution’s admission and                          Judge or other judicial officer as                    sentence in accordance with the terms
                                              orientation program; and                                 specified in sections 4107 and 4108.                  of the commutation order if a petition
                                                 (b) Through individual notice given to                The Bureau must ensure that the                       for commutation of sentence is granted.
                                              an inmate who is a citizen or national                   prisoner is available and present at the              DATES: This rule is effective on August
                                              of a treaty nation. The notice must:                     consent verification hearing.                         6, 2015.
                                                 (1) Reiterate the availability of the                   (d) Transfer to departure institution               FOR FURTHER INFORMATION CONTACT:
                                              transfer program;                                        and foreign retrieval of inmate. If the               Sarah Qureshi, Office of General
                                                 (2) Provide the inmate with an                        foreign national prisoner gives consent               Counsel, Bureau of Prisons, phone (202)
                                              opportunity to inquire about transfer to                 to transfer at the consent verification               307–2105.
                                              the country of which the inmate is a                     hearing, the Department of Justice will
                                                                                                                                                             SUPPLEMENTARY INFORMATION: This
                                              citizen or national; and                                 notify the treaty transfer nation.
                                                                                                                                                             document finalizes a minor technical
                                                 (3) Inform the inmates of the
                                                                                                       § 527.47 Transfer of state prisoners to               change to the Bureau regulations on
                                              procedures set forth in this part.
                                                                                                       other countries.                                      sentence commutation which clarifies
                                              § 527.44 Request for transfer to country of                 The Bureau of Prisons may assume                   that Bureau staff other than institution-
                                              which inmate is a citizen or national.                   custody of a state prisoner who has been              level staff will recalculate the inmate’s
                                                 An inmate who is eligible for and                     approved for transfer to a treaty nation              sentence in accordance with the terms
                                              desires to transfer to the country of                    for the purpose of facilitating the                   of the commutation order if a petition
                                              which the inmate is a citizen or national                transfer to the treaty nation. Once the               for commutation of sentence is granted.
                                              for service of a sentence imposed in a                   state prisoner has consented to the                   That function is currently completed by
                                              United States Court must indicate the                    transfer at the consent verification                  the Bureau’s Designation and
                                              inmate’s interest by completing and                      hearing, the Bureau assumes custody of                Computation Center (DSCC), located in
                                              signing the appropriate form and giving                  the prisoner. The state is not required to            Grand Prairie, Texas. We received no
                                              it to Bureau staff for further processing.               contract for the placement of the                     comments on the interim rule that was
                                                                                                       prisoner in federal custody, nor to                   published on March 23, 2010.
                                              § 527.45 Bureau determination on request                 reimburse the United States for the cost                 For the aforementioned reasons, the
                                              for transfer.                                                                                                  interim rule on this subject on that was
                                                                                                       of confinement (as would ordinarily be
                                                 The following is the process by which                 required by 18 U.S.C. 5003).                          published on March 23, 2010 (75 FR
                                              determinations are made on an inmate’s                                                                         13680) is adopted as final without
                                              request to be transferred to the country                 § 527.48 Transfer of American national                change.
                                              of which the inmate is a citizen or                      prisoners from foreign countries.
                                              national to serve a sentence imposed in                     The Bureau of Prisons is responsible               Executive Order 12866
                                              a United States Court.                                   for:                                                     This regulation has been drafted and
                                                 (a) Warden’s determination. Upon                         (a) Sending escorts to foreign                     reviewed in accordance with Executive
                                              verifying that the inmate is eligible for                countries to retrieve American national               Order 12866, ‘‘Regulatory Planning and
                                              transfer, the Warden forwards all                        prisoners who have been approved for                  Review’’, section 1(b), Principles of
                                              relevant information, including a                        transfer to the United States and who                 Regulation. The Director of the Bureau
                                              complete application package, to the                     have had their consent verified at the                of Prisons has determined that this rule
                                              Assistant Director, Correctional                         consent verification hearing specified in             is not a ‘‘significant regulatory action’’
                                              Programs Division, Central Office.                       18 U.S.C. 4108; and                                   under Executive Order 12866, section
                                                 (b) Central Office and Department of                     (b) Making logistical arrangements for             3(f), and accordingly this rule has not
                                              Justice determination.                                   the transfer and coordinating with the                been reviewed by the Office of
                                                 (1) The Assistant Director,                           United States Parole Commission for                   Management and Budget.
                                              Correctional Programs Division reviews                   proceedings to determine how the
                                                                                                       sentence will be administered.                        Executive Order 13132
                                              the submitted material and forwards the
                                              application package to the Department                    [FR Doc. 2015–16610 Filed 7–6–15; 8:45 am]              This regulation will not have
                                              of Justice for review.                                   BILLING CODE 4410–05–P                                substantial direct effects on the States,
                                                 (2) The Department of Justice notifies                                                                      on the relationship between the national
                                              the inmate of the determinations made.                                                                         government and the States, or on
                                                                                                       DEPARTMENT OF JUSTICE                                 distribution of power and
                                              § 527.46   Transfer procedures.                                                                                responsibilities among the various
                                                 (a) Treaty nation determination. If the               Bureau of Prisons                                     levels of government. Therefore, under
                                              Department of Justice approves the                                                                             Executive Order 13132, we determine
                                              transfer request, the treaty nation will be              28 CFR Part 571                                       that this rule does not have sufficient
                                              asked if it consents to the transfer of its              [BOP–1154–F]                                          federalism implications to warrant the
                                              citizen or national. The inmate will be                                                                        preparation of a Federalism Assessment.
                                              informed of the determination made by                    RIN 1120–AB54
                                              the treaty nation.                                                                                             Regulatory Flexibility Act
                                                                                                       Commutation of Sentence: Technical
                                                 (b) Transfer to departure institution.                                                                        The Director of the Bureau of Prisons,
                                                                                                       Change
srobinson on DSK5SPTVN1PROD with RULES




                                              The Bureau and the Department of                                                                               under the Regulatory Flexibility Act (5
                                              Justice will arrange for the inmate to be                AGENCY:    Bureau of Prisons, Justice.                U.S.C. 605(b)), reviewed this regulation
                                              transferred to an appropriate departure                  ACTION:   Final rule.                                 and by approving it certifies that it will
                                              institution.                                                                                                   not have a significant economic impact
                                                 (c) Consent verification hearing. If the              SUMMARY:  This document finalizes a                   upon a substantial number of small
                                              treaty nation consents to the transfer,                  minor technical change to the Bureau of               entities for the following reasons: This
                                              the United States will arrange a consent                 Prisons (Bureau) regulations on                       rule pertains to the correctional


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Document Created: 2015-12-15 13:27:19
Document Modified: 2015-12-15 13:27:19
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesThis rule is effective on August 6, 2015.
ContactSarah Qureshi, Office of General Counsel, Bureau of Prisons, phone (202) 307-2105.
FR Citation80 FR 38620 
RIN Number1120-AB65
CFR AssociatedDistrict of Columbia; Foreign Relations; Intergovernmental Relations; Prisoners and Women

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