This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

3182 

Vol. 75, No. 12 

Wednesday, January 20, 2010 

DEPARTMENT OF JUSTICE 

Bureau of Prisons 

28 CFR Part 522 

[BOP–1110–P] 

RIN 1120–AB47 

Intake Screening 

AGENCY: Bureau of Prisons, Justice. 

ACTION: Proposed rule. 

SUMMARY: In this document, the Bureau 

of Prisons (Bureau) proposes to 

streamline intake screening regulations 

by removing internal agency 

management procedures that need not 

be stated in regulation. 

DATES: Comments are due by March 22, 

2010. 

ADDRESSES: Submit comments to the 

Rules Unit, Office of General Counsel, 

Bureau of Prisons, 320 First Street, NW., 

Washington, DC 20534. You may view 

an electronic version of this rule at 

http://www.regulations.gov. You may 

also comment via the Internet to the 

Bureau at boprules@bop.gov or by using 

the http://www.regulations.gov 

comment form for this regulation. When 

submitting comments electronically you 

must include the BOP Docket No. in the 

subject box. 

FOR FURTHER INFORMATION CONTACT: 

Sarah Qureshi, Office of General 

Counsel, Bureau of Prisons, phone (202) 

307–2105. 

SUPPLEMENTARY INFORMATION: 

Posting of Public Comments 

• Please note that all comments 

received are considered part of the 

public record and made available for 

public inspection online at http:// 

www.regulations.gov. Such information 

includes personal identifying 

information (such as your name, 

address, etc.) voluntarily submitted by 

the commenter. 

• If you want to submit personal 

identifying information (such as your 

name, address, etc.) as part of your 

comment, but do not want it to be 

posted online, you must include the 

phrase ‘‘PERSONAL IDENTIFYING 

INFORMATION’’ in the first paragraph 

of your comment. You must also locate 

all the personal identifying information 

you do not want posted online in the 

first paragraph of your comment and 

identify what information you want 

redacted. 

• If you want to submit confidential 

business information as part of your 

comment but do not want it to be posted 

online, you must include the phrase 

‘‘CONFIDENTIAL BUSINESS 

INFORMATION’’ in the first paragraph 

of your comment. You must also 

prominently identify confidential 

business information to be redacted 

within the comment. If a comment has 

so much confidential business 

information that it cannot be effectively 

redacted, all or part of that comment 

may not be posted on http:// 

www.regulations.gov. 

• Personal identifying information 

identified and located as set forth above 

will be placed in the agency’s public 

docket file, but not posted online. 

Confidential business information 

identified and located as set forth above 

will not be placed in the public docket 

file. If you wish to inspect the agency’s 

public docket file in person by 

appointment, please see the ‘‘For 

Additional Information’’ paragraph. 

In this document, the Bureau of 

Prisons (Bureau) proposes to streamline 

intake screening regulations in 28 CFR 

part 522, subpart C, by removing 

internal agency management procedures 

that need not be stated in regulation. 

Although we are removing these 

provisions from the CFR, they will 

remain in Bureau policy statements on 

intake screening. Bureau policy is a 

more appropriate vehicle through which 

to provide instruction and guidance to 

staff. 

The two regulations in 28 CFR 

subpart C, §§ 522.20 and 522.21, 

describe the Bureau’s intake screening 

procedures. Section 522.20 is a 

statement of purpose which we have not 

substantively altered. 

Section 522.21 explains that a newly 

arrived inmate will be cleared by the 

Medical Department and interviewed by 

staff before assignment to the general 

population. This section has not 

substantively changed, but is simply 

reworded. The current regulation states 

that, except for such camps and other 

satellite facilities where segregating a 

newly arrived inmate in detention is not 

feasible, the Warden will ensure that a 

newly arrived inmate is cleared by the 

Medical Department and provided a 

social interview by staff before 

assignment to the general population. 

The introductory paragraph in 

§ 522.21 states that intake screening 

interviews need not be done at ‘‘camps 

and other satellite facilities where 

segregating a newly arrived inmate in 

detention is not feasible * * *’’ This 

language is deleted from the proposed 

regulation because intake interviews are 

necessary at all facilities, including 

camps and satellite facilities. If an issue 

arises during intake screening of an 

inmate at a facility without the means 

to appropriately segregate an inmate, 

that inmate will be moved to a more 

appropriate facility. The regulation is 

therefore being revised to indicate that 

all inmates must be screened, without 

differentiation between those arriving at 

camps, satellite facilities, or other types 

of facilities. 

Other provisions in § 522.21 are being 

deleted because they are purely staff 

guidance. The deleted provisions are (1) 

an instruction to staff to evaluate both 

the general physical appearance and 

emotional condition of the inmate 

during a social interview; and (2) an 

instruction to staff to place recorded 

results of the intake medical screening 

and the social interview in the inmate’s 

central file. Both of these concepts will 

be retained in the relevant policy 

document, which is the Director’s 

mandatory instruction to staff. The 

deleted provisions relate solely to 

internal agency management and 

practice, and do not impose obligations 

or confer any benefits upon our 

regulated entities (the inmates) or the 

public. 

Executive Order 12866 

This rule 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 effects on the States, 

on the relationship between the national 

government and the States, or on 


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Federal Register / Vol. 75, No. 12 / Wednesday, January 20, 2010 / Proposed Rules 3183 

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 

management of offenders committed to 

the custody of the Attorney General or 

the Director of the Bureau of Prisons, 

and its economic impact is limited to 

the Bureau’s appropriated funds. 

Unfunded Mandates Reform Act of 

1995 

This rule will not result in the 

expenditure by State, local and tribal 

governments, in the aggregate, or by the 

private sector, of $100,000,000 or more 

in any one year, and it will not 

significantly or uniquely affect small 

governments. Therefore, no actions were 

deemed necessary under the provisions 

of the Unfunded Mandates Reform Act 

of 1995. 

Small Business Regulatory Enforcement 

Fairness Act of 1996 

This rule is not a major rule as 

defined by § 804 of the Small Business 

Regulatory Enforcement Fairness Act of 

1996. This rule will not result in an 

annual effect on the economy of 

$100,000,000 or more; a major increase 

in costs or prices; or significant adverse 

effects on competition, employment, 

investment, productivity, innovation, or 

on the ability of United States-based 

companies to compete with foreignbased companies in domestic and 

export markets. 

List of Subjects in 28 CFR Part 522 

Prisoners. 

Dated: January 8, 2010. 

Harley G. Lappin, 

Director, Bureau of Prisons. 

Under rulemaking authority vested in 

the Attorney General in 5 U.S.C. 552(a) 

and delegated to the Director, Bureau of 

Prisons, we amend 28 CFR part 522 as 

follows. 

Subchapter B—Inmate Admission, 

Classification, and Transfer 

PART 522—ADMISSION TO 

INSTITUTION 

1. The authority citation for 28 CFR 

part 522 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 offenses committed on or after 

November 1, 1987), 4161–4166 (Repealed in 

part as to offenses committed on or after 

November 1, 1987), 5006–5024 (Repealed 

October 12, 1984, as to offenses committed 

after that date), 5039; 28 U.S.C. 509, 510. 

2. Revise Subpart C to read as follows: 

Subpart C—Intake Screening 

Sec. 

522.20 Purpose and scope. 

522.21 Procedures. 

§ 522.20 Purpose and scope. 

The purpose of this subpart is to 

explain that Bureau of Prisons staff 

screen newly arrived inmates to ensure 

that Bureau health, safety, and security 

standards are met. 

§ 522.21 Procedures. 

(a) Upon an inmate’s arrival, the 

inmate will be interviewed to determine 

if there are non-medical reasons for 

housing the inmate away from the 

general population. 

(b) Within 24 hours after an inmate’s 

arrival, the inmate will be medically 

screened to determine if there are 

medical reasons, including mental 

health reasons, for housing the inmate 

away from the general population or for 

restricting temporary work assignments. 

[FR Doc. 2010–878 Filed 1–19–10; 8:45 am] 

BILLING CODE 4410–05–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2007–1186; FRL–9104–6] 

Approval and Promulgation of Air 

Quality Implementation Plan: 

Kentucky; Approval Section 110(a)(1) 

Maintenance Plan for the 1997 8-Hour 

Ozone Standard for the Owensboro 

Area 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to approve 

a revision to the Kentucky State 

Implementation Plan (SIP) concerning 

the maintenance plan addressing the 

1997 8-hour ozone standard for the 

Owensboro 8-hour ozone attainment 

area, which comprises Daviess County 

and a portion of Hancock County 

(hereafter referred to as the ‘‘Owensboro 

Area’’). This maintenance plan was 

submitted to EPA on May 27, 2008, by 

the Commonwealth of Kentucky, and 

ensures the continued attainment of the 

1997 8-hour ozone national ambient air 

quality standard (NAAQS) through the 

year 2020. On July 15, 2009, the 

Commonwealth of Kentucky submitted 

supplemental information with updated 

emissions tables to reflect actual 

emissions for this Area. EPA proposes to 

find that this plan meets the statutory 

and regulatory requirements, and is 

consistent with EPA’s guidance. EPA is 

proposing to approve the revisions to 

the Kentucky SIP, pursuant to Section 

110 of the Clean Air Act (CAA). On 

March 12, 2008, EPA issued a revised 

ozone standard. The current action, 

however, is being taken to address 

requirements under the 1997 ozone 

standard. Requirements for the 

Owensboro Area under the 2008 

standard will be addressed in the future. 

DATES: Comments must be received on 

or before February 19, 2010. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R04– 

OAR–2007–1186, by one of the 

following methods: 

1. http://www.regulations.gov: Follow 

the on-line instructions for submitting 

comments. 

2. E-mail: benjamin.lynorae@epa.gov. 

3. Fax: 404–562–9019. 

4. Mail: EPA–R04–OAR–2007–1186, 

Regulatory Development Section, Air 

Planning Branch, Air, Pesticides and 

Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street, SW., 

Atlanta, Georgia 30303–8960. 

5. Hand Delivery or Courier: Lynorae 

Benjamin, Chief, Regulatory 

Development Section, Air Planning 

Branch, Air, Pesticides and Toxics 

Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street, SW., 

Atlanta, Georgia 30303–8960. Such 

deliveries are only accepted during the 

Regional Office’s normal hours of 

operation. The Regional Office’s official 

hours of business are Monday through 

Friday, 8:30 to 4:30, excluding Federal 

holidays. 

Instructions: Direct your comments to 

Docket ID No. EPA–R04–OAR–2007– 

1186. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at http:// 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 


wwoods2 on DSK1DXX6B1PROD with PROPOSALS_PART 1