[Federal Register Volume 62, Number 163 (Friday, August 22, 1997)]
[Rules and Regulations]
[Page 44836]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-22290]



[[Page 44835]]

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Part IV





Department of Justice





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Bureau of Prisons



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28 CFR Part 548



Religious Beliefs and Practices; Final Rule

Federal Register / Vol. 62, No. 163 / Friday, August 22, 1997 / Rules 
and Regulations

[[Page 44836]]


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DEPARTMENT OF JUSTICE

Bureau of Prisons

28 CFR Part 548

[BOP 1011-F]
RIN 1120-AA17


Religious Beliefs and Practices

AGENCY: Bureau of Prisons, Justice.

ACTION: Final rule with request for comments.

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SUMMARY: In this document, the Bureau of Prisons is finalizing its 
interim rule on religious beliefs and practices and is requesting 
comment on a further revision regarding procedures for requesting 
religious activities. This is intended to provide the inmate with 
reasonable and equitable opportunity to pursue religious beliefs and 
practices.

DATES: This final rule is effective August 22, 1997; comments on 
Sec. 548.12 due by October 21, 1997.

ADDRESSES: Office of General Counsel, Bureau of Prisons, HOLC Room 754, 
320 First Street, NW., Washington, DC 20534.

FOR FURTHER INFORMATION CONTACT: Roy Nanovic, Office of General 
Counsel, Bureau of Prisons, phone (202) 514-6655.

SUPPLEMENTARY INFORMATION: The Bureau of Prisons is finalizing its 
interim rule on religious beliefs and practices which was published in 
the Federal Register on September 6, 1995 (60 FR 46486). No comments 
were received on the interim rule, and, except as noted below, the 
Bureau is therefore adopting the interim regulation as final. In 
adopting the rule as final, the Bureau is making an editorial change 
(adding a serial comma in the first sentence) in Sec. 548.16(c) and is 
making an administrative change (removing from the regulation details 
on how staff document requests for religious diets) in Sec. 548.20(a) 
and a grammatical correction in Sec. 548.20(b). In addition, the Bureau 
is further revising and accepting comment on Sec. 548.12. Section 
548.12 describes the duties of an institution chaplain. It is being 
revised to note that institution chaplains are responsible for managing 
religious activities within the institution and to indicate that the 
chaplain may ask the requesting inmate to provide information regarding 
specific religious practices for the purpose of making an informed 
decision regarding the request.
    The Bureau believes that requesting information regarding specific 
religious practices is reasonable particularly when the request may 
involve a new or unusual practice for which there is little available 
written documentation. While the Bureau finds good cause for exempting 
the provisions of the Administrative Procedure Act (5 U.S.C. 553) 
requiring notice of proposed rulemaking and delay in effective date for 
the change to Sec. 548.12, the Bureau is implementing this change with 
a request for further comment on this point. Members of the public may 
submit comments concerning this rule by writing to the previously cited 
address. These comments will be considered before Sec. 548.12 is 
finalized.
    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 548

    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), the interim rule published 
September 6, 1995 (60 FR 46486) is adopted as final with the following 
changes.

SUBCHAPTER C--INSTITUTIONAL MANAGEMENT

PART 548--RELIGIOUS PROGRAMS

    1. The authority citation for 28 CFR part 548 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), 5006-5024 (Repealed October 12, 1984 as to 
offenses committed after that date), 5039; 28 U.S.C. 509, 510; 42 
U.S.C. 1996; 28 CFR 0.95-0.99.

    2. Section 548.12 is revised to read as follows:


Sec. 548.12  Chaplains.

    Institution chaplains are responsible for managing religious 
activities within the institution. Institution chaplains are available 
upon request to provide pastoral care and counseling to inmates through 
group programs and individual services. Pastoral care and counseling 
from representatives in the community are available in accordance with 
the provisions of Secs. 548.14 and 548.19. The chaplain may ask the 
requesting inmate to provide information regarding specific requested 
religious activities for the purpose of making an informed decision 
regarding the request.
    3. In Sec. 548.16, paragraph (c) is amended by revising the first 
sentence to read as follows:


Sec. 548.16  Inmate religious property.

* * * * *
    (c) An inmate who wishes to have religious books, magazines or 
periodicals must comply with the general rules of the institution 
regarding ordering, purchasing, retaining, and accumulating personal 
property. * * *


Sec. 548.20  [Amended]

    4. In Sec. 548.20, paragraph (a) is amended by removing the last 
sentence and paragraph (b) is amended by revising the phrase ``agreed 
to'' in the second sentence as ``agreed''.

[FR Doc. 97-22290 Filed 8-21-97; 8:45 am]
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