Education Tests: Minimum Standards for Administration, Interpretation, and Use

The Bureau of Prisons is rescinding its regulations on minimum standards for the administration, interpretation, and use of education tests (28 CFR part 544, subpart B). A final rule on this subject was last published in the Federal Register February 21, 1990 (55 FR 6178). In accordance with E.O. 12866, the Bureau is reviewing its regulations for the purpose of ensuring that it promulgates only such regulations as are required by law, are necessary to interpret the law, or are made necessary by compelling public need. The Bureau has determined that separately stated regulations on minimum standards for the administration, interpretation, and use of education tests are no longer necessary. Applicability provisions contained in Sec. 544.11 are duplicated in the regulations for specific education programs such as the literacy program (28 CFR part 544, subpart H) or English-as-a- Second Language program (28 CFR part 544, subpart E). Test procedures specified in Sec. 544.12 either are covered by guidelines established by the test providers themselves or may be handled by staff as strictly administrative matters. Revisions to the regulations for the literacy program have made obsolete the provisions in Sec. 544.13 on the consequences of a refusal to take the Adult Basic Level Examination or other standardized test. Because this rescission imposes no new restrictions on inmates and provides the Bureau with the flexibility to implement administrative procedures related to education tests, the Bureau finds good cause for exempting the provisions of the Administrative Procedure Act (5 U.S.C. 553) requiring notice of proposed rulemaking, the opportunity for public comment, and delay in effective date. Members of the public may submit comments concerning this rule by writing to the previously cited address. These comments will be considered but will receive no response in the Federal Register. The Bureau of Prisons has determined that this rule is not a significant regulatory action for the purpose of E.O. 12866, and accordingly this rule was not reviewed by the Office of Management and Budget. After review of the law and regulations, the Director, Bureau of Prisons has certified that this rule, for the purpose of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), does not have a significant economic impact on a substantial number of small entities, within the meaning of the Act. Because 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, its economic impact is limited to the Bureau's appropriated funds.

List of Subjects in 28 CFR Part 544

Prisoners. Kathleen M. Hawk, Director, Bureau of Prisons.

Accordingly, pursuant to the rulemaking authority vested in the Attorney General in 5 U.S.C. 552(a) and delegated to the Director, Bureau of Prisons in 28 CFR 0.96(p), part 544 in subchapter C of 28 CFR, chapter V is amended as set forth below.

SUBCHAPTER C--INSTITUTIONAL MANAGEMENT

PART 544--EDUCATION

1. The authority citation for 28 CFR part 544 continues to read as follows:

Authority: 5 U.S.C. 301; 18 U.S.C. 3621, 3622, 3624, 4001, 4042, 4081, 4082 (Repealed in part as to conduct occurring on or after November 1, 1987), 5006-5024 (Repealed October 12, 1984 as to conduct occurring after that date), 5039; 28 U.S.C. 509, 510; 28 CFR 0.95-0.99.

Sec. 544.10--544.13 (Subpart B)--[Removed and Reserved]

2. Subpart B consisting of Secs. 544.10 through 544.13 is removed and reserved.

[FR Doc. 96-23044 Filed 9-9-96; 8:45 am] BILLING CODE 4410-05-P