77064 Federal Register / Vol. 88, No. 215 / Wednesday, November 8, 2023 / Proposed Rules 

Instruction WI–RSB 42–139 and WI–RSB 

42NG–081, Revision 2, dated November 15, 

2022 (issued as one document) attached to 

Diamond Aircraft Recommended Service 

Bulletin DAI RSB 42–139 and DAI RSB 

42NG–081, dated October 21, 2019 (issued as 

one document). 

(j) Repetitive Inspections 

(1) For Group 1 and Group 2 airplanes: 

Within 200 hours TIS after the inspection 

required by paragraph (h)(1) of this AD and, 

thereafter, at intervals not to exceed 200 

hours TIS, inspect the torque seal marks on 

the T-yoke bolt head and self-locking nut for 

proper alignment. 

Note 1 to paragraph (j)(1): This can be 

accomplished using DAI Maintenance 

Manual (AMM) Temporary Revision (TR) 

AMM–TR–MA ̈ M–42–1213/a, dated June 7, 

2022 (DAI AMM TR AMM–TR–MA ̈ M–42– 

1213/a). 

(2) For Group 3 airplanes: Within 200 

hours TIS after the effective date of this AD, 

and thereafter at intervals not to exceed 200 

hours TIS, inspect the torque seal marks on 

the T-yoke bolt head and self-locking nut for 

proper alignment. 

Note 2 to paragraph (j)(2): This can be 

accomplished using DAI AMM TR AMM– 

TR–MA ̈ M–42–1213/a. 

(3) For all airplanes: If, during any 

inspection required by paragraph (j)(1) or 

(j)(2) of this AD, it is found that the torque 

seal marks are not properly aligned, before 

further flight, contact the Manager, 

International Validation Branch, FAA; EASA; 

or Diamond’s EASA DOA for approved repair 

instructions, and within the compliance time 

specified therein, accomplish those 

instructions accordingly. If approved by the 

DOA, the approval must include the DOAauthorized signature. 

(k) Parts Installation Prohibition 

For all airplanes: As of the effective date 

of this AD, do not install on any airplane a 

rudder T-yoke bolt P/N LN 9037–M6x90. 

(l) Credit for Previous Actions 

(1) You may take credit for the actions 

required by paragraphs (h)(1) and (2) of this 

AD if the actions were done before the 

effective date of this AD using any of the 

work instructions specified in paragraphs 

(l)(1)(i), (ii), or (iii) of this AD. 

(i) Diamond Aircraft Work Instruction WI– 

MSB 42–143 and WI–MSB 42NG–086, 

Revision 0, dated December 23, 2021 (issued 

as one document) attached to Diamond 

Aircraft Mandatory Service Bulletin DAI 

MSB 42–143 and DAI MSB 42NG–086, dated 

December 23, 2021 (issued as one document). 

(ii) Diamond Aircraft Work Instruction WI– 

MSB 42–143 and WI–MSB 42NG–086, 

Revision 1, dated January 25, 2022 (issued as 

one document) attached to Diamond Aircraft 

Mandatory Service Bulletin DAI MSB 42– 

143/1 and DAI MSB 42NG–086/1, dated 

January 25, 2022 (issued as one document). 

(iii) Diamond Aircraft Work Instruction 

WI–MSB 42–143 and WI–MSB 42NG–086, 

Revision 2, dated March 10, 2022 (issued as 

one document) attached to Diamond Aircraft 

Mandatory Service Bulletin DAI MSB 42– 

143/1 and DAI MSB 42NG–086/1, dated 

January 25, 2022 (issued as one document). 

(2) You may take credit for the rudder Tyoke bolt replacement required by paragraph 

(i) of this AD if that action was done before 

the effective date of this AD using the 

Diamond Aircraft Work Instruction WI–RSB 

42–139 and WI–RSB 42NG–081, Revision 1, 

dated October 24, 2019 (issued as one 

document) attached to Diamond Aircraft 

Recommended Service Bulletin DAI RSB 42– 

139 and DAI RSB 42NG–081, dated October 

21, 2019 (issued as one document). 

(m) Alternative Methods of Compliance 

(AMOCs) 

The Manager, International Validation 

Branch, FAA, has the authority to approve 

AMOCs for this AD, if requested using the 

procedures found in 14 CFR 39.19. In 

accordance with 14 CFR 39.19, send your 

request to your principal inspector or local 

Flight Standards District Office, as 

appropriate. If sending information directly 

to the International Validation Branch, send 

it to the attention of the person identified in 

paragraph (n)(2) of this AD or email to: 9- 

AVS-AIR-730-AMOC@faa.gov. If mailing 

information, also submit information by 

email. Before using any approved AMOC, 

notify your appropriate principal inspector, 

or lacking a principal inspector, the manager 

of the responsible Flight Standards Office. 

(n) Additional Information 

(1) Refer to EASA AD 2023–0013, dated 

January 18, 2023, for related information. 

This EASA AD may be found in the AD 

docket at regulations.gov under Docket No. 

FAA–2023–2143. 

(2) For more information about this AD, 

contact Penelope Trease, Aviation Safety 

Engineer, FAA, 1600 Stewart Avenue, Suite 

410, Westbury, NY 11590; phone: (303) 342– 

1094; email: penelope.trease@faa.gov. 

(3) Service information identified in this 

AD that is not incorporated by reference is 

available at the addresses specified in 

paragraphs (o)(3) and (4) of this AD. 

(o) Material Incorporated by Reference 

(1) The Director of the Federal Register 

approved the incorporation by reference 

(IBR) of the service information listed in this 

paragraph under 5 U.S.C. 552(a) and 1 CFR 

part 51. 

(2) You must use this service information 

as applicable to do the actions required by 

this AD, unless the AD specifies otherwise. 

(i) Diamond Aircraft Mandatory Service 

Bulletin DAI MSB 42–143/1 and DAI MSB 

42NG–086/1, dated January 25, 2022 (issued 

as one document), published with DAI Work 

Instruction WI–MSB 42–143 and WI–MSB 

42NG–086, Revision 3, dated November 15, 

2022 (issued as one document) attached. 

(ii) Diamond Aircraft Mandatory Service 

Bulletin DAI MSB 42–146 and DAI MSB 

42NG–087, dated November 15, 2022, (issued 

as one document). 

(iii) Diamond Aircraft Recommended 

Service Bulletin DAI RSB 42–139 and DAI 

RSB 42NG–081, dated October 21, 2019 

(issued as one document), published with 

DAI Work Instruction WI–RSB 42–139 and 

WI–RSB 42NG–081, Revision 2, dated 

November 15, 2022 (issued as one document) 

attached. 

(3) For service information identified in 

this AD, contact Diamond Aircraft Industries 

GmbH, N.A. Otto-Stra+e 5, A–2700 Wiener 

Neustadt, Austria; phone: +43 2622 26700; 

email: airworthiness-austria@

diamondaircraft.com; website: 

diamondaircraft.com. 

(4) You may view this service information 

at the FAA, Airworthiness Products Section, 

Operational Safety Branch, 901 Locust, 

Kansas City, MO 64106. For information on 

the availability of this material at the FAA, 

call (817) 222–5110. It is also available at 

regulations.gov under Docket No. FAA– 

2023–2143. 

(5) You may view this material at the 

National Archives and Records 

Administration (NARA). For information on 

the availability of this material at NARA, 

visit www.archives.gov/federal-register/cfr/ 

ibr-locations or email fr.inspection@nara.gov. 

Issued on October 30, 2023. 

Ross Landes, 

Deputy Director for Regulatory Operations, 

Compliance & Airworthiness Division, 

Aircraft Certification Service. 

[FR Doc. 2023–24328 Filed 11–7–23; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF JUSTICE 

Bureau of Prisons 

28 CFR Parts 345 and 545 

[Docket No. BOP–1181–P] 

RIN 1120–AB81 

Reservation of Funds for Reentry 

Under the First Step Act 

AGENCY: Bureau of Prisons, Department 

of Justice. 

ACTION: Proposed rule. 

SUMMARY: The Bureau of Prisons (BOP) 

proposes to add a regulation 

implementing a provision of the First 

Step Act (FSA) that requires Federal 

Prison Industries (FPI) and the BOP to 

reserve a portion of the compensation 

inmates would otherwise receive for 

working to assist these inmates with 

costs associated with release from 

prison upon completion of their 

sentence through release from custody, 

placement in pre-release custody (e.g., 

home confinement or Residential 

Reentry Center), or conditional release. 

DATES: Electronic comments must be 

submitted, and written comments must 

be postmarked, no later than 11:59 p.m. 

Eastern Time on January 8, 2024. 

ADDRESSES: Please submit electronic 

comments through the regulations.gov 

website, or mail written comments to 

the Legislative & Correctional Issues 

Branch, Office of General Counsel, 

Bureau of Prisons, 320 First Street NW, 

Washington, DC 20534. 


lotter on DSK11XQN23PROD with PROPOSALS1
Federal Register / Vol. 88, No. 215 / Wednesday, November 8, 2023 / Proposed Rules 77065 

FOR FURTHER INFORMATION CONTACT: 

Daniel J. Crooks III, Assistant General 

Counsel, Federal Bureau of Prisons, 

(202) 353–4885. 

SUPPLEMENTARY INFORMATION: Please 

note that all comments received are 

considered part of the public record and 

made available for public inspection 

online at www.regulations.gov. 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 

contains so much confidential business 

information that it cannot be effectively 

redacted, all or part of that comment 

may not be posted on 

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 section. 

I. Discussion of the Proposed Rule 

In this document, the BOP proposes 

to modify regulations on compensation 

for FPI inmate workers in 28 CFR part 

345 and on inmate work and 

performance pay in part 545 to conform 

with recent legislative changes enacted 

in the First Step Act of 2018 (FSA), 

Public Law 115–391, December 21, 

2018, 132 Stat 5194. Section 605(c) of 

the FSA amends 18 U.S.C. 4126(c)(4) to 

indicate that inmates compensated 

under this section shall have at least 15 

percent of their compensation reserved 

and made available to assist them with 

costs associated with release from 

prison. 

The section amended by the FSA, 18 

U.S.C. 4126, is entitled ‘‘Prison 

Industries Fund; use and settlement of 

accounts,’’ and the amended 

subparagraph (c) refers to ‘‘Federal 

Prison Industries’’ (FPI) as the 

‘‘corporation’’ and the ‘‘Prison 

Industries Fund’’ as ‘‘the fund.’’ See 18 

U.S.C. 4126(a). Subparagraph (c)(4) was 

amended to indicate that FPI ‘‘is 

authorized to employ the fund . . .’’ to 

pay ‘‘compensation to inmates 

employed in any industry, or 

performing outstanding services in 

institutional operations, not less than 15 

percent of such compensation for any 

inmate shall be reserved in the fund or 

a separate account and made available 

to assist the inmate with costs 

associated with release from prison 

. . . .’’ See 18 U.S.C. 4126(c)(4). 

The FSA therefore authorizes FPI to 

pay inmates who are ‘‘employed in any 

industry.’’ As provided in 28 CFR 

345.10, the BOP strives to provide work 

to all inmates confined in BOP facilities 

to the extent practicable in order to 

allow inmates to gain knowledge, skills, 

and work habits to assist them upon 

release. Although there is no statutory 

requirement that inmates be paid for 

work in an industrial assignment, 18 

U.S.C. 4126 provides for discretionary 

compensation to inmates employed by 

FPI. Section 345.50 further indicates 

that, in accordance with 18 U.S.C. 4126, 

FPI provides compensation to FPI 

inmate workers. 

The FSA also amended 18 U.S.C. 

4126(c)(4) by directing that ‘‘not less 

than 15 percent’’ of compensation paid 

to inmates ‘‘performing outstanding 

services in institutional operations’’ 

should also be ‘‘reserved in the fund or 

a separate account and made available 

to assist the inmate with costs 

associated with release from prison.’’ 

The new provision added by the FSA 

in 18 U.S.C. 4126(c)(4) requires the 

reservation of 15 percent of ‘‘such 

compensation’’ to be made available for 

an inmate’s costs associated with prison 

release. Therefore, the FSA mandates 

that FPI must reserve 15 percent of the 

compensation that is paid to inmates 

employed by FPI, under 28 CFR part 

345, to be made available to those 

inmates for costs associated with their 

release from prison. The FSA further 

mandates that the BOP must reserve 15 

percent of performance pay, bonus pay, 

and special bonus pay, under 28 CFR 

part 545, to be made available to those 

inmates for costs associated with their 

release from prison. 

The BOP now proposes to amend 28 

CFR 345.51 regarding FPI pay, and 

545.26(e) through (g) regarding inmate 

performance pay, bonus pay, and 

special bonus pay, to add provisions 

indicating that 15 percent of an inmate’s 

pay, or other amount as set by statute, 

will be reserved (i.e., encumbered) to 

assist the inmate with costs associated 

with release from prison. Specifically, 

the reserved funds will be made 

available to the inmate upon completion 

of their sentence through release from 

custody, placement in pre-release 

custody (e.g., home confinement or 

Residential Reentry Center), or 

conditional release. Holding the funds 

until the inmate leaves BOP secure 

custody via one of the previously 

mentioned ways will ensure the 

availability of those funds on the 

inmate’s first day of reentry, giving full 

effect to Congress’s directive that these 

funds be reserved to help inmates with 

costs they will incur once they release 

from prison. 

II. Regulatory Analyses 

Executive Orders 12866 and 13563 

(Regulatory Review) 

This proposed rule does not fall 

within a category of actions that the 

Office of Management and Budget 

(OMB) has determined constitutes a 

‘‘significant regulatory action’’ under 

section 3(f) of Executive Order 12866 

and, accordingly, it was not reviewed by 

OMB. The economic impact of this 

proposed rule is limited to an existing 

BOP program that applies to sentenced 

inmates in the custody of the Federal 

Bureau of Prisons, and does not apply 

to inmates in study/observation; pretrial 

detainees; or inmates in holdover status 

pending designation. 

This rulemaking is necessary to 

implement section 605(c) of the FSA, 

codified at 18 U.S.C. 4126(c)(4). The 

reserved funds will remain in the 

existing Inmate Deposit Fund until an 

inmate completes their sentence 

through release from custody, 

placement in pre-release custody (e.g., 

home confinement or Residential 

Reentry Center), or conditional release. 

One of the expected benefits of this 

regulation is that inmates will be more 

financially prepared for reentry. The 

amount each inmate saves for reentry 

will vary widely based on the amount 

of time the inmate works in FPI, or 

works an institution job and receives 

performance, bonus, or special bonus 

pay. As a result of inmates’ having 

additional reentry funds, the public may 

save on indirect societal costs related to 

inmate releases into the community. 

However, at this time the BOP cannot, 

with any degree of accuracy, estimate 

the monetary value of the costs and 

savings of this rulemaking. However, 

the BOP would expect any anticipated 

costs and savings generated by this 

rulemaking to have minimal effect on 

the economy. 


lotter on DSK11XQN23PROD with PROPOSALS1
77066 Federal Register / Vol. 88, No. 215 / Wednesday, November 8, 2023 / Proposed Rules 

This proposed rule does not fall 

within a category of actions that the 

Office of Management and Budget 

(OMB) has determined constitutes a 

‘‘significant regulatory action’’ under 

section 3(f) of Executive Order 12866 

and, accordingly, it was not reviewed by 

OMB. The economic impact of this 

proposed rule is limited to an existing 

BOP program that applies to sentenced 

inmates in the custody of the Federal 

Bureau of Prisons, and does not apply 

to inmates in study/observation; pretrial 

detainees; or inmates in holdover status 

pending designation. 

Executive Order 13132 (Federalism) 

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. 

Executive Order 12988 (Plain Language) 

This proposed rule meets the 

applicable standards set forth in 

sections 3(a) and 3(b)(2) of Executive 

Order 12988. 

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 Federal inmates 

who work in FPI, or who work 

institution jobs and receive 

performance, bonus, or special bonus 

pay, and its economic impact is limited 

to moneys under the control of FPI or 

BOP. 

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 (adjusted for inflation), 

and it will not significantly or uniquely 

affect small governments. Therefore, no 

actions are necessary under the 

provisions of the Unfunded Mandates 

Reform Act of 1995. 

Congressional Review Act 

This regulation is not a major rule as 

defined by the Congressional Review 

Act, 5 U.S.C. 804. 

List of Subjects in 28 CFR Parts 345 and 

545 

Prisoners. 

Colette S. Peters, 

Director, Federal Bureau of Prisons. 

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, Federal Bureau of Prisons in 

28 CFR 0.96, we propose to amend 28 

CFR parts 345 and 545 as follows: 

PART 345—FEDERAL PRISON 

INDUSTRIES (FPI) INMATE WORK 

PROGRAMS 

■ 1. The authority citation for part 345 

continues to read as follows: 

Authority: 18 U.S.C. 4126, 28 CFR 0.99, 

and by resolution of the Board of Directors 

of Federal Prison Industries, Inc. 

■ 2. Amend § 345.51 by redesignating 

paragraphs (b)(3) and (4) as paragraphs 

(b)(4) and (5), respectively, and adding 

a new paragraph (b)(3) to read as 

follows: 

§ 345.51 Inmate pay. 

* * * * * 

(b) * * * 

(3) Fifteen percent of each inmate’s 

pay under this part, or other amount as 

set by statute, will be reserved to assist 

the inmate with costs associated with 

release from prison. The reserved funds 

will be made available to the inmate 

upon completion of their sentence 

through release from custody, 

placement in pre-release custody (e.g., 

home confinement or Residential 

Reentry Center), or conditional release. 

* * * * * 

PART 545—WORK AND 

COMPENSATION 

■ 3. The authority citation for part 545 

continues to read as follows: 

Authority: 5 U.S.C. 301; 18 U.S.C. 3013, 

3571, 3572, 3621, 3622, 3624, 3663, 4001, 

4042, 4081, 4082 (Repealed in part as to 

offenses committed on or after November 1, 

1987), 4126, 5006–5024 (Repealed October 

12, 1984 as to offenses committed after that 

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

■ 4. Amend § 545.26, by adding 

paragraph (e)(4), and revising 

paragraphs (f) and (g) to read as follows: 

§ 545.26 Performance pay provisions. 

* * * * * 

(e) * * * 

(4) Fifteen percent of an inmate’s pay 

under this paragraph, or other amount 

as set by statute, shall be reserved to 

assist the inmate with costs associated 

with release from prison. The reserved 

funds will be made available to the 

inmate upon completion of their 

sentence through release from custody, 

placement in pre-release custody (e.g., 

home confinement or Residential 

Reentry Center), or conditional release. 

(f) Bonus pay. (1) An inmate worker 

or program participant may receive 

special bonus pay based on the inmate’s 

exceptional accomplishments or 

appreciable contributions to the work 

assignment. For example, an inmate 

who works in excess of the scheduled 

work day may qualify for bonus pay. 

(2) When the supervisor of an inmate 

worker or program participant believes 

the inmate has performed exceptionally 

well, the supervisor may forward a 

written recommendation that the inmate 

received a special bonus, along with 

justification for the special bonus 

recommendation, to the Department 

Head for approval. 

(3) Fifteen percent of an inmate’s pay 

under this paragraph, or other amount 

as set by statute, shall be reserved to 

assist the inmate with costs associated 

with release from prison. The reserved 

funds will be made available to the 

inmate upon completion of their 

sentence through release from custody, 

placement in pre-release custody (e.g., 

home confinement or Residential 

Reentry Center), or conditional release. 

(g) Special bonus pay. (1) An inmate 

may receive special bonus pay based on 

the inmate’s exceptional work in a 

temporary job assignment that has been 

previously identified by the Warden, 

and approved by the Regional Director, 

as critical to the institution. 

(2) When the supervisor of an inmate 

worker believes the inmate has 

performed exceptionally well, the 

supervisor may forward a written 

recommendation that the inmate 

received a special bonus, along with 

justification for the special bonus 

recommendation, to the Department 

Head for approval. 

(3) Fifteen percent of an inmate’s pay 

under this paragraph, or other amount 

as set by statute, shall be reserved to 

assist the inmate with costs associated 

with release from prison. The reserved 

funds will be made available to the 

inmate upon completion of their 

sentence through release from custody, 

placement in pre-release custody (e.g., 

home confinement or Residential 

Reentry Center), or conditional release. 

* * * * * 

[FR Doc. 2023–24619 Filed 11–7–23; 8:45 am] 

BILLING CODE 4410–05–P 


lotter on DSK11XQN23PROD with PROPOSALS1