47794 Federal Register / Vol. 62, No. 176 / Thursday, September 11, 1997 / Proposed Rules

DEPARTMENT OF JUSTICE

Bureau of Prisons

28 CFR Part 540

[BOP 1071–P]

RIN 1120–AA67

Visiting: Notification to Visitors

AGENCY: Bureau of Prisons, Justice.

ACTION: Proposed rule.

SUMMARY: In this document, the Bureau

of Prisons is proposing to hold the

inmate responsible for having a release

authorization form mailed to the

proposed visitor in instances where a

background investigation is necessary

before the visitor can be approved. This

amendment is intended to increase

consistency in Bureau operations and to

reduce the cost to the government in

processing additions to an inmate’s

visitor’s list.

DATES: Comments due by November 10,

1997.

ADDRESSES: Rules Unit, 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 proposing to amend

its regulations on visiting (28 CFR part

540, subpart D). A final rule on this

subject was published in the Federal

Register June 30, 1980 (45 FR 44232)

and was amended July 18, 1986 (51 FR

26127), February 1, 1991 (56 FR 4159),

and July 21, 1993 (58 FR 39095).

Current provisions in § 540.51(b)(3)

state that the inmate may be held

responsible for having a release

authorization form forwarded to a

proposed visitor in instances when a

background investigation is necessary

before approving a visitor (for example,

when the proposed visitor is not a

member of the inmate’s immediate

family). Under the discretionary

authority in paragraph (b)(3), some

institutions already require the inmate

to forward the form. In the interest of

reducing processing costs to the

government and for the sake of

consistency, the Bureau is proposing to

require that the inmate shall be held

responsible for having the authorization

form forwarded to a proposed visitor

when a background investigation is

necessary.

When deemed appropriate by staff,

staff may assist an inmate in filling out

the authorization form (for example,

when the inmate is illiterate, or when

the inmate is unable to complete the

form because of a medical condition).

The inmate, however, remains

responsible for postage costs. Separately

stated regulations on inmate

correspondence ensure that an inmate

who has neither funds nor sufficient

postage shall be provided postage

stamps for mailing a reasonable number

of letters at government expense to

enable the inmate to maintain

community ties (see 28 CFR 540.21(e)).

An inmate without funds, therefore, is

still capable of obtaining postage for an

authorization form to a proposed visitor.

The Bureau of Prisons has determined

that this rule is not a significant

regulatory action for the purpose of E.O.

12866, and accordingly 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 impact on a substantial

number of small entities, within the

meaning of the Act. 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 the

conditions of confinement preclude

such offenders from conducting a

business.

Interested persons may participate in

this proposed rulemaking by submitting

data, views, or arguments in writing to

the Rules Unit, Office of General

Counsel, Bureau of Prisons, 320 First

Street, NW., HOLC Room 754,

Washington, DC 20534. Comments

received during the comment period

will be considered before final action is

taken. Comments received after the

expiration of the comment period will

be considered to the extent practicable.

All comments received remain on file

for public inspection at the above

address. The proposed rule may be

changed in light of the comments

received. No oral hearings are

contemplated.

List of Subjects in 28 CFR Part 540

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 540 in

subchapter C of 28 CFR, chapter V is

proposed to be amended as set forth

below.

Subchapter C—Institutional Management

PART 540—CONTACT WITH PERSONS

IN THE COMMUNITY

1. The authority citation for 28 CFR

part 540 continues to read as follows:

Authority: 5 U.S.C. 301, 551, 552a; 18

U.S.C. 1791, 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; 28 CFR 0.95–0.99.

2. In § 540.51, paragraph (b)(3) is

amended by revising the first sentence

to read as follows:

§ 540.51 Procedures.

* * * * *

(b) * * *

(3) If a background investigation is

necessary before approving a visitor, the

inmate shall be held responsible for

mailing a release authorization form to

the proposed visitor. * * *

[FR Doc. 97–24156 Filed 9–10–97; 8:45 am]

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