65186 Federal Register / Vol. 62, No. 237 / Wednesday, December 10, 1997 / Rules and Regulations

another addressee, please return the

enclosure to the above address.’’

[FR Doc. 97–32325 Filed 12–9–97; 8:45 am]

BILLING CODE 4410–05–P

DEPARTMENT OF JUSTICE

Bureau of Prisons

28 CFR Part 540

[BOP–1054–F]

RIN 1120–AA52

Correspondence: Pretrial Inmates

AGENCY: Bureau of Prisons, Justice.

ACTION: Final rule.

SUMMARY: In this document, the Bureau

of Prisons is amending its regulations on

correspondence to require that general

mail from pretrial inmates may not be

sealed and may be read and inspected

by staff. This amendment is intended to

provide for the continued efficient and

secure operation of the institution and

to protect the public.

EFFECTIVE DATE: January 9, 1998.

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 amending its

regulations on correspondence (28 CFR

part 540, subpart B). A proposed rule on

this subject was published in the

Federal Register December 9, 1996 (61

FR 64954).

Provisions on general correspondence

in § 540.14(b) and (c) previously

specified that outgoing general mail

from pretrial inmates may be sealed by

the inmate and are not subject to

inspection by staff. On December 9,

1996, the Bureau proposed to require

that general mail from pretrial inmates

be sent out unsealed and subject to

inspection. The proposed requirement

matched the requirement for outgoing

general mail from sentenced inmates in

medium, high, and administrative

facilities. Ordinarily, pretrial inmates

are housed in administrative facilities.

Because pretrial inmates are not

classified as to levels of security (as

sentenced inmates are), the proposed

requirement would apply to pretrial

inmates even if they happen to be

housed in minimum or low facilities.

Special mail, whether from pretrial

inmates or sentenced inmates, was

unaffected by the proposed amendment.

No public comment was received on

the proposed rule, and the Bureau is

therefore adopting the proposed rule as

final without change.

Members of the public may submit

further comments concerning this rule

by writing to the previously cited

address. These comments will be

considered but will receive no response

in the Federal Register.

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 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

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 § 540.14, paragraphs (b) and (c)

are revised to read as follows:

§ 540.14 General correspondence.

* * * * *

(b) Except for ‘‘special mail,’’ outgoing

mail from a pretrial inmate may not be

sealed by the inmate and may be read

and inspected by staff.

(c)(1) Outgoing mail from a sentenced

inmate in a minimum or low security

level institution may be sealed by the

inmate and, except as provided for in

paragraphs (c)(1)(i) through (iv) of this

section, is sent out unopened and

uninspected. Staff may open a

sentenced inmate’s outgoing general

correspondence:

(i) If there is reason to believe it

would interfere with the orderly

running of the institution, that it would

be threatening to the recipient, or that

it would facilitate criminal activity;

(ii) If the inmate is on a restricted

correspondence list;

(iii) If the correspondence is between

inmates (see § 540.17); or

(iv) If the envelope has an incomplete

return address.

(2) Except for ‘‘special mail,’’ outgoing

mail from a sentenced inmate in a

medium or high security level

institution, or an administrative

institution may not be sealed by the

inmate and may be read and inspected

by staff.

* * * * *

[FR Doc. 97–32324 Filed 12–9–97; 8:45 am]

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