80 FR 38622 - Commutation of Sentence: Technical Change
DEPARTMENT OF JUSTICE
Bureau of Prisons Federal Register Volume 80, Issue 129 (July 7, 2015)
Bureau of Prisons
Federal Register Volume 80, Issue 129 (July 7, 2015)
| Page Range | 38622-38623 | |
| FR Document | 2015-16635 |
[Federal Register Volume 80, Number 129 (Tuesday, July 7, 2015)] [Rules and Regulations] [Pages 38622-38623] From the Federal Register Online [www.thefederalregister.org] [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
![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
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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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![Federal Register / Vol. 80, No. 129 / Tuesday, July 7, 2015 / Rules and Regulations 38623
management of offenders committed to Point, in support of the Underwater Under 5 U.S.C. 553(d)(3), the Coast
the custody of the Attorney General or Vessel Testing. This safety zone is Guard finds that good cause exists for
the Director of the Bureau of Prisons, established to ensure the safety of the making this rule effective less than 30
and its economic impact is limited to testing participants and mariners days after publication in the Federal
the Bureau’s appropriated funds. transiting the area. Unauthorized Register for similar reasons listed above.
persons or vessels are prohibited from Due to the time constraints noted, it is
Unfunded Mandates Reform Act of
entering into, transiting through, or impracticable to give 30 days notice
1995
remaining in the safety zone without before the effective date of this rule.
This rule will not result in the permission of the Captain of the Port or
expenditure by State, local and tribal B. Basis and Purpose
their designated representative.
governments, in the aggregate, or by the DATES: This rule is effective without The legal basis for the proposed rule
private sector, of $100,000,000 or more actual notice from July 7, 2015 until is 33 U.S.C 1231; 50 U.S.C. 191, 33 CFR
in any one year, and it will not October 31, 2015. For purposes of 1.05–1, 6.04–1, 6.04–6, 160.5; and
significantly or uniquely affect small enforcement, actual notice will be used Department of Homeland Security
governments. Therefore, no actions were from July 1, 2015 until July 7, 2015. Delegation No. 0170.1, which
deemed necessary under the provisions ADDRESSES: Documents mentioned in collectively authorize the Coast Guard
of the Unfunded Mandates Reform Act this preamble are part of docket USCG– to establish safety zones.
of 1995. 2015–0422. To view documents The Office of the Secretary of Defense
Small Business Regulatory Enforcement mentioned in this preamble as being will host Underwater Vessel Testing
Fairness Act of 1996 available in the docket, go to http:// periodically between July 1 through
www.regulations.gov, type the docket October 31, 2015 in the navigable waters
This rule is not a major rule as of San Francisco Bay in San Francisco,
defined by § 804 of the Small Business number in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket CA near Hunter’s Point. The safety zone
Regulatory Enforcement Fairness Act of is needed to establish a temporary
1996. This rule will not result in an Folder on the line associated with this
rulemaking. You may also visit the restricted area on the waters
annual effect on the economy of surrounding the testing. A restricted
$100,000,000 or more; a major increase Docket Management Facility in Room
W12–140 on the ground floor of the area is necessary to ensure the safety of
in costs or prices; or significant adverse mariners transiting the area.
effects on competition, employment, Department of Transportation West
investment, productivity, innovation, or Building, 1200 New Jersey Avenue SE., C. Discussion of the Final Rule
on the ability of United States-based Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday, The Coast Guard will enforce a safety
companies to compete with foreign- zone in navigable waters around the
based companies in domestic and except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If testing. The Underwater Vessel Testing
export markets. Safety Zone establishes a temporary
you have questions on this temporary
List of Subjects in 28 CFR Part 571 rule, call or email Lieutenant Marcia restricted area on the water within an
Prisoners. Medina, U.S. Coast Guard Sector San area connecting the following points:
Accordingly, the interim rule on this Francisco; telephone (415) 399–7443 or 37°43′30″ N., 122°21′6″ W.; 37°43′53″
subject amending 28 CFR part 571 that email at D11-PF-MarineEvents@ N., 122°19′17″ W.; 37°41′34″ N.,
was published on March 23, 2010 (75 uscg.mil. If you have questions on 122°20′30″ W.; 37°41′56″ N., 122°18′42″
FR 13680) is adopted as final without viewing the docket, call Program W.; thence back to the point of origin
change. Manager, Docket Operations, telephone (NAD 83). Periods of enforcement will
(202)366–9826. be requested by the Office of the
L.C. Eichenlaub, Secretary of Defense with one week
SUPPLEMENTARY INFORMATION:
Deputy Director, Bureau of Prisons. notice and approved by the COTP. This
[FR Doc. 2015–16635 Filed 7–6–15; 8:45 am] Table of Acronyms safety zone will be enforced for a
BILLING CODE 4410–05–P DHS Department of Homeland Security duration of 6 to up to 72 hours as
FR Federal Register announced via Broadcast Notice to
Mariners periodically between July 1
A. Regulatory History and Information through October 31, 2015. At the
DEPARTMENT OF HOMELAND
SECURITY The Coast Guard is issuing this conclusion of the testing evolution the
temporary final rule without prior safety zone shall terminate for each
Coast Guard notice and opportunity to comment evolution.
pursuant to authority under section 4(a) The effect of the temporary safety
33 CFR Part 165 of the Administrative Procedure Act zone will be to restrict navigation in the
[Docket No. USCG–2015–0422] (APA) (5 U.S.C. 553(b)). This provision vicinity of the testing. Except for
authorizes an agency to issue a rule persons or vessels authorized by the
RIN 1625–AA00 without prior notice and opportunity to Coast Guard Patrol Commander, no
comment when the agency for good person or vessel may enter or remain in
Safety Zone: Underwater Vessel cause finds that those procedures are the restricted area. These regulations are
Testing, San Francisco Bay, San ‘‘impracticable, unnecessary, or contrary needed to keep vessels away from the
Francisco, CA to the public interest.’’ The Coast Guard vicinity of the testing to ensure the
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AGENCY: Coast Guard, DHS. received the information about the event safety of mariners transiting the area.
ACTION: Temporary final rule. on May 11, 2015, and the event would
D. Regulatory Analyses
occur before the rulemaking process
SUMMARY: The Coast Guard is would be completed. Due to the short We developed this rule after
establishing a temporary safety zone in timeframe for issuing this safety zone, considering numerous statutes and
the navigable waters of San Francisco we find that it is impracticable to solicit executive orders related to rulemaking.
Bay in San Francisco, CA near Hunters comments for this temporary final rule. Below we summarize our analyses
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Document Created: 2015-12-15 13:27:03
Document Modified: 2015-12-15 13:27:03
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This rule is effective on August 6, 2015. | |
| Contact | Sarah Qureshi, Office of General Counsel, Bureau of Prisons, phone (202) 307-2105. | |
| FR Citation | 80 FR 38622 | |
| RIN Number | 1120-AB54 |
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