81 FR 94253 - Contraband and Inmate Personal Property: Technical Change
DEPARTMENT OF JUSTICE
Bureau of Prisons Federal Register Volume 81, Issue 247 (December 23, 2016)
Bureau of Prisons
Federal Register Volume 81, Issue 247 (December 23, 2016)
| Page Range | 94253-94254 | |
| FR Document | 2016-30998 |
[Federal Register Volume 81, Number 247 (Friday, December 23, 2016)] [Rules and Regulations] [Pages 94253-94254] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-30998] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF JUSTICE Bureau of Prisons 28 CFR Parts 500 and 553 [Docket No. BOP-1163] RIN 1120-AB63 Contraband and Inmate Personal Property: Technical Change AGENCY: Bureau of Prisons, Justice. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: In this document, the Bureau of Prisons makes a minor technical change to its regulations on contraband and inmate personal property to maintain consistency in language which describes the purpose of the regulations as ensuring the safety, security, or good order of the facility or protection of the public. DATES: This rule will be effective on January 23, 2017. 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) finalizes a minor technical change to its regulations on contraband and inmate personal property to maintain consistency in language which describes the purpose of the regulations as ensuring the ``safety, security, or good order of the facility or protection of the public.'' Variations on this phrase appear throughout the Bureau's regulations in 28 CFR Chapter V. See 28 CFR 500.1(h), 501.2(b), 501.3(b), 511.10(a), 511.11(a), 511.12(a), 511.15(b), 511.17(b), 540.12(a), 540.14(c) and (d), 540.15(d), 540.40, 540.44(c), 540.51(h), 540.70, 540.71(b) and (d), 540.100(a), 540.101(a), 541.12, 541.43(b), 541.63(c), 543.11(f), 543.14(a) and (c), 543.15(c), 543.16(b), 544.20, 544.21(b), 548.10, 548.16-548.18, 549.13(b), 549.50, 549.51(b), 551.1, 551.10, 551.12(d), 551.16(a), 551.31(b), 551.34(b), 551.35, 551.71(d), 551.110(a), 551.112(b), 551.113(a), 551.115(a), 552.13(b), 552.20, 552.21(a) and (d), 553.11(h), 553.12(b). The Bureau has conformed the phrase in all revised regulations since approximately 2005. This rule likewise conforms this phrase in the Bureau's regulations on contraband. An interim rule on this subject was published on August 3, 2015 (80 FR 45883), and became effective on September 2, 2015, although public comments were accepted until October 2, 2015. [[Page 94254]] Prior to the September 2, 2015, effective date of the interim rule, the definition of contraband in Sec. 500.1(h) read as follows: ``Contraband is material prohibited by law, or by regulation, or material which can reasonably be expected to cause physical injury or adversely affect the security, safety, or good order of the institution.'' The interim rule conformed the ``security, safety, or good order'' phrase to the language we have used in recent years, to read as follows: ``Contraband is material prohibited by law, regulation, or policy that can reasonably be expected to cause physical injury or adversely affect the safety, security, or good order of the facility or protection of the public.'' Likewise, to conform the phrase and underscore the importance of prohibiting contraband, we added the phrase to the end of the first sentence of Sec. 553.10, regarding inmate personal property, to read as follows: ``It is the policy of the Bureau of Prisons that an inmate may possess ordinarily only that property which the inmate is authorized to retain upon admission to the institution, which is issued while the inmate is in custody, which the inmate purchases in the institution commissary, or which is approved by staff to be mailed to, or otherwise received by an inmate, that does not threaten the safety, security, or good order of the facility or protection of the public.'' [Emphasis added.] Further, Sec. 543.12(b) contained another description/definition of contraband, categorizing it as either ``hard contraband'' or ``nuisance contraband.'' The interim rule added the ``safety, security'' phrase to this regulation as well. It is important to note that neither the interim nor this final rule change the substantive requirements or obligations relating to petitions for commutation of sentence, nor do they seek to alter the Bureau's responsibilities in this regard. Public Comments We received two comments on the August 3, 2015 interim rule via the publicly-accessible regulations.gov Web site. One commenter requested that the Bureau of Prisons ``plainly spell out the changes that are being put out for public notice,'' indicating confusion with regard to the interim rule changes. The interim rule contained an explanation of the changes made by the interim rule. It is possible that the commenter may have read only the summary available on the regulations.gov Web site, rather than the entire interim rule document. However, for the benefit of any who may have been confused by the interim rule, we offer the following explanation. The interim rule document made a minor technical change to the Bureau of Prisons regulations on contraband and inmate personal property: We added the phrase ``safety, security, or good order of the facility or protection of the public.'' We did this to show that this is the purpose of the contraband regulations--to ensure the ``safety, security, or good order of the facility or protection of the public.'' We also did this because this phrase appears, for the same purpose, throughout the Bureau's other regulations, and we have used this phrase in new regulations, when possible, since 2005. The addition of the phrase did not change the meaning or requirements of the regulations to which it was added, and did not alter the Bureau's responsibilities. The second commenter stated as follows: ``So many times inmates come to facilities and mix with wrong crowds out of fear or intimidation. Leaving lockers unlocked due to [comfort] and many other reasons. These things should be [taken into account] if this happens three times in one year they should be further reviews on the inmates. This is not tolerated but common for Camps.'' This comment is not relevant to the current regulation change, which does not discuss inmate lockers or storage of personal property. The Bureau will take this comment into consideration when developing new policy with regard to inmates in federal prison camps. For the aforementioned reasons, the Bureau now finalizes the interim rule published on August 2, 2015, without change. Executive Order 12866. This regulation falls within a category of actions that the Office of Management and Budget (OMB) has determined not to constitute ``significant regulatory actions'' under section 3(f) of Executive Order 12866 and, accordingly, it was not reviewed by OMB. Executive Order 13132. This regulation will not have substantial direct effect 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 regulation 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 regulation 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 regulation 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 regulation is not a major rule as defined by section 804 of the Small Business Regulatory Enforcement Fairness Act of 1996. This regulation 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 Parts 500 and 553 Prisoners. Kathleen M. Kenney, Assistant Director/General, Counsel, Federal Bureau of Prisons. 0 Under rulemaking authority vested in the Attorney General in 5 U.S.C. 301; 28 U.S.C. 509, 510 and delegated to the Director, Bureau of Prisons in 28 CFR 0.96, the interim rule amending 28 CFR parts 500 and 553, which was published at 80 FR 45883, on August 3, 2015, is adopted as a final rule without change. [FR Doc. 2016-30998 Filed 12-22-16; 8:45 am] BILLING CODE 4410-05-P
![Federal Register / Vol. 81, No. 247 / Friday, December 23, 2016 / Rules and Regulations 94253
II. Analysis of Environmental Impact performs as intended under anticipated DEPARTMENT OF JUSTICE
The Agency has determined under 21 conditions of use, including:
(i) Mechanical testing to demonstrate Bureau of Prisons
CFR 25.34(b) that this action is of a type
that does not individually or the device can withstand anticipated
tensile, torsional, and compressive 28 CFR Parts 500 and 553
cumulatively have a significant effect on
the human environment. Therefore, forces. [Docket No. BOP–1163]
neither an environmental assessment (ii) Mechanical testing to evaluate the
nor an environmental impact statement radial forces exerted by the device. RIN 1120–AB63
is required. (iii) Non-clinical testing to verify the Contraband and Inmate Personal
III. Paperwork Reduction Act of 1995 dimensions of the device. Property: Technical Change
This final order establishes special (iv) Non-clinical testing must
demonstrate the device can be delivered AGENCY: Bureau of Prisons, Justice.
controls that refer to previously
approved collections of information to the target location in the ACTION: Final rule.
found in other FDA regulations. These neurovasculature and retrieve simulated
thrombus under simulated use SUMMARY: In this document, the Bureau
collections of information are subject to of Prisons makes a minor technical
review by the Office of Management and conditions.
change to its regulations on contraband
Budget (OMB) under the Paperwork (v) Non-clinical testing must and inmate personal property to
Reduction Act of 1995 (44 U.S.C. 3501– demonstrate the device is radiopaque maintain consistency in language which
3520). The collections of information in and can be visualized. describes the purpose of the regulations
part 807, subpart E, regarding premarket (vi) Non-clinical testing must evaluate as ensuring the safety, security, or good
notification submissions, have been the coating integrity and particulates order of the facility or protection of the
approved under OMB control number under simulated use conditions. public.
0910–0120, and the collections of (vii) Animal testing must evaluate the DATES: This rule will be effective on
information in 21 CFR part 801, safety of the device, including damage January 23, 2017.
regarding labeling, have been approved to the vessels or tissue under
under OMB control number 0910–0485. FOR FURTHER INFORMATION CONTACT:
anticipated use conditions. Sarah Qureshi, Office of General
List of Subjects in 21 CFR Part 882 (3) Performance data must support the Counsel, Bureau of Prisons, phone (202)
Medical devices, Neurological sterility and pyrogenicity of the patient 307–2105.
devices. contacting components of the device. SUPPLEMENTARY INFORMATION:
Therefore, under the Federal Food, (4) Performance data must support the In this document, the Bureau of
Drug, and Cosmetic Act and under shelf-life of the device by demonstrating Prisons (Bureau) finalizes a minor
authority delegated to the Commissioner continued sterility, package integrity, technical change to its regulations on
of Food and Drugs, 21 CFR part 882 is and device functionality over the contraband and inmate personal
amended as follows: specified shelf-life. property to maintain consistency in
(5) Clinical performance testing of the language which describes the purpose of
PART 882—NEUROLOGICAL DEVICES device must demonstrate the device the regulations as ensuring the ‘‘safety,
performs as intended for use in the security, or good order of the facility or
■ 1. The authority citation for part 882 treatment of acute ischemic stroke and protection of the public.’’
continues to read as follows: must capture any adverse events Variations on this phrase appear
Authority: 21 U.S.C. 351, 360, 360c, 360e, associated with the device and throughout the Bureau’s regulations in
360j, 360l, 371. procedure. 28 CFR Chapter V. See 28 CFR 500.1(h),
■ 2. Add § 882.5600 to subpart F to read (6) The labeling must include: 501.2(b), 501.3(b), 511.10(a), 511.11(a),
as follows: 511.12(a), 511.15(b), 511.17(b),
(i) Information on the specific patient 540.12(a), 540.14(c) and (d), 540.15(d),
§ 882.5600 Neurovascular mechanical population for which the device is 540.40, 540.44(c), 540.51(h), 540.70,
thrombectomy device for acute ischemic intended for use in the treatment of 540.71(b) and (d), 540.100(a),
stroke treatment. acute ischemic stroke, including but not 540.101(a), 541.12, 541.43(b), 541.63(c),
(a) Identification. A neurovascular limited to, specifying time from 543.11(f), 543.14(a) and (c), 543.15(c),
mechanical thrombectomy device for symptom onset, vessels or location of 543.16(b), 544.20, 544.21(b), 548.10,
acute ischemic stroke treatment is a the neurovasculature that can be 548.16–548.18, 549.13(b), 549.50,
prescription device used in the accessed for treatment, and limitations 549.51(b), 551.1, 551.10, 551.12(d),
treatment of acute ischemic stroke to on core infarct size. 551.16(a), 551.31(b), 551.34(b), 551.35,
improve clinical outcomes. The device (ii) Detailed instructions on proper 551.71(d), 551.110(a), 551.112(b),
is delivered into the neurovasculature device preparation and use for thrombus 551.113(a), 551.115(a), 552.13(b),
with an endovascular approach, retrieval from the neurovasculature. 552.20, 552.21(a) and (d), 553.11(h),
mechanically removes thrombus from (iii) A summary of the clinical testing 553.12(b).
the body, and restores blood flow in the results, including a detailed summary of The Bureau has conformed the phrase
neurovasculature. the device- and procedure-related in all revised regulations since
(b) Classification. Class II (special complications and adverse events. approximately 2005. This rule likewise
jstallworth on DSK7TPTVN1PROD with RULES
controls). The special controls for this (iv) A shelf life. conforms this phrase in the Bureau’s
device are: regulations on contraband. An interim
(1) The patient contacting Dated: December 19, 2016. rule on this subject was published on
components of the device must be Leslie Kux, August 3, 2015 (80 FR 45883), and
demonstrated to be biocompatible. Associate Commissioner for Policy. became effective on September 2, 2015,
(2) Non-clinical performance testing [FR Doc. 2016–31007 Filed 12–22–16; 8:45 am] although public comments were
must demonstrate that the device BILLING CODE 4164–01–P accepted until October 2, 2015.
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![94254 Federal Register / Vol. 81, No. 247 / Friday, December 23, 2016 / Rules and Regulations
Prior to the September 2, 2015, for the benefit of any who may have 605(b)), reviewed this regulation and by
effective date of the interim rule, the been confused by the interim rule, we approving it certifies that it will not
definition of contraband in § 500.1(h) offer the following explanation. have a significant economic impact
read as follows: ‘‘Contraband is material The interim rule document made a upon a substantial number of small
prohibited by law, or by regulation, or minor technical change to the Bureau of entities for the following reasons: This
material which can reasonably be Prisons regulations on contraband and regulation pertains to the correctional
expected to cause physical injury or inmate personal property: We added the management of offenders committed to
adversely affect the security, safety, or phrase ‘‘safety, security, or good order of the custody of the Attorney General or
good order of the institution.’’ The the facility or protection of the public.’’ the Director of the Bureau of Prisons,
interim rule conformed the ‘‘security, We did this to show that this is the and its economic impact is limited to
safety, or good order’’ phrase to the purpose of the contraband regulations— the Bureau’s appropriated funds.
language we have used in recent years, to ensure the ‘‘safety, security, or good Unfunded Mandates Reform Act of
to read as follows: ‘‘Contraband is order of the facility or protection of the 1995. This regulation will not result in
material prohibited by law, regulation, public.’’ We also did this because this the expenditure by State, local and
or policy that can reasonably be phrase appears, for the same purpose, tribal governments, in the aggregate, or
expected to cause physical injury or throughout the Bureau’s other by the private sector, of $100,000,000 or
adversely affect the safety, security, or regulations, and we have used this more in any one year, and it will not
good order of the facility or protection phrase in new regulations, when significantly or uniquely affect small
of the public.’’ possible, since 2005. The addition of the governments. Therefore, no actions were
Likewise, to conform the phrase and phrase did not change the meaning or deemed necessary under the provisions
underscore the importance of requirements of the regulations to which of the Unfunded Mandates Reform Act
prohibiting contraband, we added the it was added, and did not alter the of 1995.
phrase to the end of the first sentence Bureau’s responsibilities. Small Business Regulatory
of § 553.10, regarding inmate personal The second commenter stated as Enforcement Fairness Act of 1996. This
property, to read as follows: ‘‘It is the follows: ‘‘So many times inmates come regulation is not a major rule as defined
policy of the Bureau of Prisons that an to facilities and mix with wrong crowds by section 804 of the Small Business
inmate may possess ordinarily only that out of fear or intimidation. Leaving Regulatory Enforcement Fairness Act of
property which the inmate is authorized lockers unlocked due to [comfort] and 1996. This regulation will not result in
to retain upon admission to the many other reasons. These things an annual effect on the economy of
institution, which is issued while the should be [taken into account] if this $100,000,000 or more; a major increase
inmate is in custody, which the inmate happens three times in one year they in costs or prices; or significant adverse
purchases in the institution should be further reviews on the effects on competition, employment,
commissary, or which is approved by inmates. This is not tolerated but investment, productivity, innovation, or
staff to be mailed to, or otherwise common for Camps.’’ This comment is on the ability of United States-based
received by an inmate, that does not not relevant to the current regulation companies to compete with foreign-
threaten the safety, security, or good change, which does not discuss inmate based companies in domestic and
order of the facility or protection of the lockers or storage of personal property. export markets.
public.’’ [Emphasis added.] Further, The Bureau will take this comment into
consideration when developing new List of Subjects in 28 CFR Parts 500 and
§ 543.12(b) contained another
policy with regard to inmates in federal 553
description/definition of contraband,
categorizing it as either ‘‘hard prison camps. Prisoners.
contraband’’ or ‘‘nuisance contraband.’’ For the aforementioned reasons, the
Kathleen M. Kenney,
The interim rule added the ‘‘safety, Bureau now finalizes the interim rule
published on August 2, 2015, without Assistant Director/General, Counsel, Federal
security’’ phrase to this regulation as Bureau of Prisons.
well. change.
It is important to note that neither the Executive Order 12866. This ■ Under rulemaking authority vested in
interim nor this final rule change the regulation falls within a category of the Attorney General in 5 U.S.C. 301; 28
substantive requirements or obligations actions that the Office of Management U.S.C. 509, 510 and delegated to the
relating to petitions for commutation of and Budget (OMB) has determined not Director, Bureau of Prisons in 28 CFR
sentence, nor do they seek to alter the to constitute ‘‘significant regulatory 0.96, the interim rule amending 28 CFR
Bureau’s responsibilities in this regard. actions’’ under section 3(f) of Executive parts 500 and 553, which was published
Order 12866 and, accordingly, it was at 80 FR 45883, on August 3, 2015, is
Public Comments not reviewed by OMB. adopted as a final rule without change.
We received two comments on the Executive Order 13132. This [FR Doc. 2016–30998 Filed 12–22–16; 8:45 am]
August 3, 2015 interim rule via the regulation will not have substantial BILLING CODE 4410–05–P
publicly-accessible regulations.gov Web direct effect on the States, on the
site. relationship between the national
One commenter requested that the government and the States, or on DEPARTMENT OF THE TREASURY
Bureau of Prisons ‘‘plainly spell out the distribution of power and
changes that are being put out for public responsibilities among the various Office of Foreign Assets Control
notice,’’ indicating confusion with levels of government. Therefore, under
regard to the interim rule changes. Executive Order 13132, we determine 31 CFR Part 560
jstallworth on DSK7TPTVN1PROD with RULES
The interim rule contained an that this regulation does not have
explanation of the changes made by the sufficient federalism implications to Iranian Transactions and Sanctions
interim rule. It is possible that the warrant the preparation of a Federalism Regulations
commenter may have read only the Assessment. AGENCY: Office of Foreign Assets
summary available on the Regulatory Flexibility Act. The Control, Treasury.
regulations.gov Web site, rather than the Director of the Bureau of Prisons, under
ACTION: Final rule.
entire interim rule document. However, the Regulatory Flexibility Act (5 U.S.C.
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Document Created: 2016-12-23 12:29:13
Document Modified: 2016-12-23 12:29:13
| 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 will be effective on January 23, 2017. | |
| Contact | Sarah Qureshi, Office of General Counsel, Bureau of Prisons, phone (202) 307-2105. | |
| FR Citation | 81 FR 94253 | |
| RIN Number | 1120-AB63 | |
| CFR Citation | 28
CFR
500 28 CFR 553 |
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