Federal Register / Vol. 65, No. 228 / Monday, November 27, 2000 / Rules and Regulations 70669

Total points Guideline recommendation

If Points = 4+ .................................. Deny parole and schedule a rehearing based on estimated time to achieve program objectives or by reference to the time ranges in paragraph (l) of this appendix, whichever is less.

(2) Prison officials may in any case

recommend an earlier rehearing date

than ordered by the Commission if the

Commission’s program objectives have

been met.

(o)(1) The Commission may, in

unusual circumstances, waive the

Salient Factor Score and the pre- and

post-incarceration factors set forth in

this section to grant or deny parole to

a prisoner notwithstanding the

guidelines, or to schedule a

reconsideration hearing at a time

different from that indicated in

paragraph (l) of this appendix. Unusual

circumstances are case-specific factors

that are not fully taken into account in

the guidelines, and that are relevant to

the grant or denial of parole. In such

cases, the Commission shall specify in

the notice of action the specific factors

that it relied on in departing from the

applicable guideline or guideline range.

For examples of factors that may

warrant a decision outside the

applicable guideline range, see § 2.80(n).

(2) If the prisoner is deemed to be a

poorer or more serious risk than the

guidelines indicate, the Commission

shall determine what Base Point Score

would more appropriately fit the

prisoner’s case, and shall render its

initial and rehearing decisions as if the

prisoner had that higher Base Point

Score. If possible, the factors justifying

such a departure shall be fully

accounted for in the initial continuance,

so that the guidelines can be followed

at subsequent hearings. In some cases,

however, an extreme level of risk

presented by the prisoner may make it

inappropriate for the Commission to

contemplate a parole at any hearing

without a significant change in the

prisoner’s circumstances.

4. Section 2.86 is revised to read as

follows:

§ 2.86 Release on parole; rescission for

misconduct.

(a) When a parole effective date has

been set, actual release on parole on that

date shall be conditioned upon the

individual maintaining a good conduct

record in the institution or prerelease

program to which the prisoner has been

assigned.

(b) The Commission may reconsider

any grant of parole prior to the

prisoner’s actual release on parole, and

may advance or retard a parole effective

date or rescind a parole date previously

granted based upon the receipt of any

new and significant information

concerning the prisoner, including

disciplinary infractions. The

Commission may retard a parole date for

disciplinary infractions (e.g., to permit

the use of graduated sanctions) for up to

120 days without a hearing, in addition

to any retardation ordered under

§ 2.83(d).

(c) If a parole effective date is

rescinded for disciplinary infractions,

an appropriate sanction shall be

determined—

(1) By reference to § 2.36 in the case

of a prisoner subject to the guidelines at

§ 2.80; or

(2) In the case of a prisoner subject to

the guidelines at the appendix to § 2.80,

either by adding the appropriate points

for negative institutional behavior to the

prisoner’s Total Point Score, or by

reference to § 2.36 if the misconduct is

not sufficiently serious to warrant a

continuance under § 2.80 (k). A Total

Point Score of 0–2 shall be adjusted to

a total point score of 3 prior to adding

points for negative institutional

behavior pursuant to the Point

Assignment Table at § 2.80(f).

(c) After a prisoner has been granted

a parole effective date, the institution

shall notify the Commission of any

serious disciplinary infractions

committed by the prisoner prior to the

date of actual release. In such case, the

prisoner shall not be released until the

institution has been advised that no

change has been made in the

Commission’s order granting parole.

(d) A grant of parole becomes

operative upon the authorized delivery

of a certificate of parole to the prisoner,

and the signing of that certificate by the

prisoner, who thereafter becomes a

parolee.

Dated: November 15, 2000.

Michael J. Gaines,

Chairman, U.S. Parole Commission.

[FR Doc. 00–29963 Filed 11–24–00; 8:45 am]

BILLING CODE 4410–31–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 73

[DA 00–2562; MM Docket No. 00–151; RM–

9942]

Radio Broadcasting Services;

Grapeland, TX

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: This document allots Channel

232C3 at Grapeland, Texas, in response

to a petition filed by Grapeland

Broadcasting Company. See 65 FR

53973, September 6, 2000. The

coordinates for Channel 232C3 at

Grapeland are 31–29–30 NL and 95–28–

41 WL A filing window for Channel

232C3 at Grapeland will not be opened

at this time. Instead, the issue of

opening a filing window for this

channel will be addressed by the

Commission in a subsequent order.

DATES: Effective December 26, 2000.

FOR FURTHER INFORMATION CONTACT:

Kathleen Scheuerle, Mass Media

Bureau, (202) 418–2180.

SUPPLEMENTARY INFORMATION: This is a

summary of the Commission’s Report

and Order, MM Docket No. 00–151,

adopted November 1, 2000, and released

November 9, 2000. The full text of this

Commission decision is available for

inspection and copying during normal

business hours in the Commission’s

Reference Center, 445 12th Street, SW.,

Washington, DC. The complete text of

this decision may also be purchased

from the Commission’s copy

contractors, International Transcription

Services, Inc., 1231 20th Street, NW.,

Washington, DC. 20036, (202) 857–3800,

facsimile (202) 857–3805.

List of Subjects in 47 CFR Part 73

Radio broadcasting.

Part 73 of title 47 of the Code of

Federal Regulations is amended as

follows:

PART 73—RADIO BROADCAST

SERVICES

1. The authority citation for part 73

continues to read as follows:

Authority: 47 U.S.C. 154, 303, 334 and 336.

70670 Federal Register / Vol. 65, No. 228 / Monday, November 27, 2000 / Rules and Regulations

§ 73.202 [Amended]

2. Section 73.202(b), the Table of FM

Allotments under Texas, is amended by

adding Grapeland, Channel 232C3.

Federal Communications Commission.

John A. Karousos,

Chief, Allocations Branch, Policy and Rules

Division, Mass Media Bureau.

[FR Doc. 00–30099 Filed 11–24–00; 8:45 am]

BILLING CODE 6712–01–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 73

[DA 00–2562; MM Docket No. 00–152; RM–

9943]

Radio Broadcasting Services; Elkhart,

TX

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: This document allots Channel

265A at Elkhart, Texas, in response to

a petition filed by Elkhart Broadcasting

Company. See 65 FR 53973, September

6, 2000. The coordinates for Channel

265A at Elkhart are 31–34–07 NL and

95–41–52 WL. There is a site restriction

12.8 kilometers (8.0 miles) southwest of

the community. A filing window for

Channel 265A at Elkhart will not be

opened at this time. Instead, the issue of

opening a filing window for this

channel will be addressed by the

Commission in a subsequent order.

DATES: Effective December 26, 2000.

FOR FURTHER INFORMATION CONTACT:

Kathleen Scheuerle, Mass Media

Bureau, (202) 418–2180.

SUPPLEMENTARY INFORMATION: This is a

summary of the Commission’s Report

and Order, MM Docket No. 00–152,

adopted November 1, 2000, and released

November 9, 2000. The full text of this

Commission decision is available for

inspection and copying during normal

business hours in the Commission’s

Reference Center, 445 12th Street, SW,

Washington, DC. The complete text of

this decision may also be purchased

from the Commission’s copy

contractors, International Transcription

Services, Inc., 1231 20th Street, NW.,

Washington, DC. 20036, (202) 857–3800,

facsimile (202) 857–3805.

List of Subjects in 47 CFR Part 73

Radio broadcasting.

Part 73 of title 47 of the Code of

Federal Regulations is amended as

follows:

PART 73—RADIO BROADCAST

SERVICES

1. The authority citation for part 73

continues to read as follows:

Authority: 47 U.S.C. 154, 303, 334 and 336.

§ 73.202 [Amended]

2. Section 73.202(b), the Table of FM

Allotments under Texas, is amended by

adding Elkhart, Channel 265A.

Federal Communications Commission.

John A. Karousos,

Chief, Allocations Branch, Policy and Rules

Division, Mass Media Bureau.

[FR Doc. 00–30100 Filed 11–24–00; 8:45 am]

BILLING CODE 6712–01–P