13680 Federal Register / Vol. 75, No. 55 / Tuesday, March 23, 2010 / Rules and Regulations 

DEPARTMENT OF JUSTICE 

Bureau of Prisons 

28 CFR Part 571 

[BOP–1154–I] 

RIN 1120–AB54 

Commutation of Sentence: Technical 

Change 

AGENCY: Bureau of Prisons, Justice. 

ACTION: Interim rule. 

SUMMARY: This document makes a minor 

technical change to the Bureau of 

Prisons (Bureau) regulations on 

sentence commutation to clarify that the 

Bureau staff, who may not be 

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: Effective Date: March 23, 2010. 

Comment Date: Written comments must 

be postmarked and electronic comments 

must be submitted on or before May 24, 

2010. Commenters should be aware that 

the electronic Federal Docket 

Management System will not accept 

comments after Midnight Eastern Time 

on the last day of the comment period. 

ADDRESSES: Written comments should 

be submitted 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 regulation at http:// 

www.regulations.gov. You may also 

comment 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

FURTHER INFORMATION CONTACT

paragraph. 

The reason that the Bureau is 

requesting electronic comments before 

Midnight Eastern Time on the day the 

comment period closes is because the 

inter-agency Regulations.gov/Federal 

Docket Management System (FDMS) 

which receives electronic comments 

terminates the public’s ability to submit 

comments at Midnight on the day the 

comment period closes. Commenters in 

time zones other than Eastern may want 

to take this fact into account so that 

their electronic comments can be 

received. The constraints imposed by 

the Regulations.gov/FDMS system do 

not apply to U.S. postal comments 

which will be considered as timely filed 

if they are postmarked before Midnight 

on the day the comment period closes. 

Commutation of Sentence: Technical 

Change 

This document makes a minor 

technical change to the Bureau 

regulations on sentence commutation to 

clarify 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. Specifically, that 

function is currently completed by the 

Bureau’s Designation and Computation 

Center (DSCC), located in Grand Prairie, 

Texas. 

Previously, the regulation stated that 

institution staff would be responsible 

for recalculating an inmate’s sentence in 

accordance with the terms of a 

commutation order. However, in 2005, 

the Bureau centralized its designation 

and sentence computation functions in 

a new Bureau branch, the Designation 

and Sentence Computation Center, to 

streamline the Bureau’s administrative 

functions and reduce operational costs. 

DSCC staff, not institution staff, make 

determinations on sentence 

computation issues. The change from 

‘‘institution staff’’ to ‘‘Bureau of Prisons 

staff’’ is therefore necessary to accurately 

reflect current Bureau practice while 

allowing for the possibility that these 

functions may be accomplished by a 

different Bureau office in the future. 

It is important to note that this change 

to the regulation changes none of the 

substantive requirements or obligations 

relating to petitions for commutation of 

sentence, nor does it alter the Bureau’s 

responsibilities in this regard. 

Administrative Procedure Act 

The Administrative Procedure Act (5 

U.S.C. 553) allows exceptions to noticeand-comment rulemaking for ‘‘(A) 

interpretive rules, general statements of 

policy, or rules of agency organization, 

procedure, or practice; or (B) when the 

agency for good cause finds * * * that 

notice and public procedure thereon are 

impracticable, unnecessary, or contrary 

to the public interest.’’ 

This rulemaking is exempt from 

normal notice-and-comment procedures 

because it is a minor technical change. 

Because this change is a minor 

clarification of current agency 

procedure and practice, we find that 

normal notice-and-comment rulemaking 

is unnecessary. We are, however, 

allowing the public to comment on this 

rule change by publishing it as an 

interim final rule. 

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 


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Federal Register / Vol. 75, No. 55 / Tuesday, March 23, 2010 / Rules and Regulations 13681 

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 571 

Prisoners. 

Harley G. Lappin, 

Director, Bureau of Prisons. 

■ Under the rulemaking authority 

vested in the Attorney General in 5 

U.S.C. 552(a) and delegated to the 

Director, Bureau of Prisons, we amend 

part 571 in subchapter D of 28 CFR, 

chapter V as set forth below. 

Subchapter D—Community Programs and 

Release 

PART 571—RELEASE FROM 

CUSTODY 

■ 1. The authority citation for 28 CFR 

part 571 continues to read as follows: 

Authority: 5 U.S.C. 301; 18 U.S.C. 3565; 

3568–3569 (Repealed in part as to offenses 

committed on or after November 1, 1987), 

3582, 3621, 3622, 3624, 4001, 4042, 4081, 

4082 (Repealed in part as to offenses 

committed on or after November 1, 1987), 

4161–4166 and 4201–4218 (Repealed as to 

offenses committed on or after November 1, 

1987), 5006–5024 (Repealed October 12, 

1984, as to offenses committed after that 

date), 5031–5042; 28 U.S.C. 509, 510; U.S. 

Const., Art. II, Sec. 2; 28 CFR 0.95–0.99, 1.1– 

1.10. 

§ 571.41 [Amended] 

■ 2. In § 571.41, paragraph (c)(1), delete 

the word ‘‘institutional’’ and insert the 

phrase ‘‘Bureau of Prisons’’ in its place. 

[FR Doc. 2010–6290 Filed 3–22–10; 8:45 am] 

BILLING CODE P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 73 

[DA 10–447; MB Docket No. 09–231; RM– 

11587] 

Television Broadcasting Services; 

Atlantic City, NJ 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule. 

SUMMARY: The Commission grants the 

allotment of channel 4 to Atlantic City, 

New Jersey. The Commission waived 

the freeze on the filing of new DTV 

allotments to initiate this proceeding 

and to advance the policy, as set forth 

in section 331(a) of the Communications 

Act of 1934, as amended, to allocate not 

less than one very high frequency 

commercial television channel to each 

State, if technically feasible. 

DATES: This rule is effective April 22, 

2010. 

FOR FURTHER INFORMATION CONTACT: 

Adrienne Y. Denysyk, Media Bureau, 

(202) 418–1600. 

SUPPLEMENTARY INFORMATION: This is a 

synopsis of the Commission’s Report 

and Order, MB Docket No. 09–231, 

adopted March 16, 2010, and released 

March 17, 2010. The full text of this 

document is available for public 

inspection and copying during normal 

business hours in the FCC’s Reference 

Information Center at Portals II, CY– 

A257, 445 12th Street, SW., 

Washington, DC 20554. This document 

will also be available via ECFS (http:// 

fjallfoss.fcc.gov/ecfs/). This document 

may be purchased from the 

Commission’s duplicating contractor, 

Best Copy and Printing, Inc., 445 12th 

Street, SW., Room CY–B402, 

Washington, DC 20554, telephone 1– 

800–478–3160 or via the company’s 

Web site, http://www.bcipweb.com. To 

request materials in accessible formats 

for people with disabilities (braille, 

large print, electronic files, audio 

format), send an e-mail to 

fcc504@fcc.gov or call the Consumer & 

Governmental Affairs Bureau at 202– 

418–0530 (voice), 202–418–0432 (tty). 

This document does not contain 

information collection requirements 

subject to the Paperwork Reduction Act 

of 1995, Public Law 104–13. In addition, 

therefore, it does not contain any 

information collection burden ‘‘for small 

business concerns with fewer than 25 

employees,’’ pursuant to the Small 

Business Paperwork Relief Act of 2002, 

Public Law 107–198, see 44 U.S.C. 

3506(c)(4). Provisions of the Regulatory 

Flexibility Act of 1980 do not apply to 

this proceeding. 

The Commission will send a copy of 

this Report and Order in a report to be 

sent to Congress and the Government 

Accountability Office pursuant to the 

Congressional Review Act, see 5 U.S.C. 

801(a)(1)(A). 

List of Subjects in 47 CFR Part 73 

Television, Television broadcasting. 

■ For the reasons discussed in the 

preamble, the Federal Communications 

Commission amends 47 CFR part 73 as 

follows: 

PART 73—RADIO BROADCAST 

SERVICES 

■ 1. The authority citation for part 73 

continues to read as follows: 

Authority: 47 U.S.C. 154, 303, 334, 336. 

§ 73.622 [Amended] 

■ 2. Section 73.622(i), the PostTransition Table of DTV Allotments 

under New Jersey, is amended by 

adding channel 4 at Atlantic City. 

Clay C. Pendarvis, 

Associate Chief, Video Division, Media 

Bureau, Federal Communications 

Commission. 

[FR Doc. 2010–6326 Filed 3–22–10; 8:45 am] 

BILLING CODE 6712–01–P 


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