44836 Federal Register / Vol. 62, No. 163 / Friday, August 22, 1997 / Rules and Regulations

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.

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 § 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

§ 548.16(c) and is making an

administrative change (removing from

the regulation details on how staff

document requests for religious diets) in

§ 548.20(a) and a grammatical correction

in § 548.20(b). In addition, the Bureau is

further revising and accepting comment

on § 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 § 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 § 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:

§ 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 §§ 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 § 548.16, paragraph (c) is

amended by revising the first sentence

to read as follows:

§ 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. * * *

§ 548.20 [Amended]

4. In § 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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