Federal Register / Vol. 87, No. 29 / Friday, February 11, 2022 / Rules and Regulations 7943 

Migration Throughout North and 

Central America, and to Provide Safe 

and Orderly Processing of Asylum 

Seekers at the United States Border, 

issued on February 5, 2021. Those 

Executive orders use the term 

‘‘noncitizen’’ in place of the terms 

‘‘alien’’ or ‘‘illegal alien.’’ Consistent 

with this representative change in 

terminology, and to promote accuracy, 

we likewise change the term ‘‘alien’’ in 

28 CFR 523.20(d)(3) to ‘‘noncitizen’’ 

wherever it appears. 

Regulatory Analyses 

Executive Orders 12866 and 13563. 

Because this rule may raise novel legal 

or policy issues arising out of 

implementation of the First Step Act, 

the Office of Management and Budget 

(OMB) has determined that it 

constitutes a ‘‘significant regulatory 

action’’ under section 3(f) of Executive 

Order 12866 and has reviewed it. 

Executive Order 13132. This 

regulation will not have substantial 

direct effect on the States, on the 

relationship between the National 

Government and the States, or on 

distribution of power and 

responsibilities among the various 

levels of government. Therefore, under 

Executive Order 13132, we determine 

that this regulation does not have 

sufficient federalism implications to 

warrant the preparation of a Federalism 

Assessment. 

Regulatory Flexibility Act. The 

Director of the Bureau of Prisons, under 

the Regulatory Flexibility Act (5 U.S.C. 

605(b)), reviewed this regulation and by 

approving it certifies that it will not 

have a significant economic impact 

upon a substantial number of small 

entities for the following reasons: This 

regulation pertains to the correctional 

management of offenders committed to 

the custody of the Attorney General or 

the Director of the Bureau of Prisons, 

and its economic impact is limited to 

the Bureau’s appropriated funds. 

Unfunded Mandates Reform Act of 

1995. This regulation will not result in 

the expenditure by State, local, and 

tribal governments, in the aggregate, or 

by the private sector, of $100,000,000 or 

more in any one year, and it will not 

significantly or uniquely affect small 

governments. Therefore, no actions were 

deemed necessary under the provisions 

of the Unfunded Mandates Reform Act 

of 1995. 

Congressional Review Act. This 

regulation is not a major rule as defined 

by the Congressional Review Act, 5 

U.S.C. 804. 

List of Subjects in 28 CFR Part 523 

Prisoners. 

Michael D. Carvajal, 

Director, Federal Bureau of Prisons. 

Under rulemaking authority vested in 

the Attorney General in 5 U.S.C. 301; 28 

U.S.C. 509, 510 and delegated to the 

Director, Bureau of Prisons, in 28 CFR 

0.96, we amend 28 CFR part 523 as 

follows: 

PART 523—COMPUTATION OF 

SENTENCE 

■ 1. The authority citation for 28 CFR 

part 523 continues to read as follows: 

Authority: 5 U.S.C. 301; 18 U.S.C. 3568 

(repealed November 1, 1987, as to offenses 

committed on or after that date), 3621, 3622, 

3624, 3632, 3635, 4001, 4042, 4081, 4082 

(repealed in part as to conduct occurring on 

or after November 1, 1987), 4161–4166 

(repealed October 12, 1984, as to offenses 

committed on or after November 1, 1987), 

5006–5024 (repealed October 12, 1984, as to 

conduct occurring after that date), 5039; 28 

U.S.C. 509, 510. 

■ 2. Revise § 523.20 to read as follows: 

§ 523.20 Good conduct time. 

(a) The Bureau of Prisons (Bureau or 

BOP) awards good conduct time (GCT) 

credit to inmates under conditions 

described in this section. GCT credit 

may be reduced if an inmate: 

(1) Commits prohibited acts which 

result in certain disciplinary sanctions 

(see part 541 of this chapter); or 

(2) Fails to comply with literacy 

requirements in this section and part 

544 of this chapter. 

(b) For inmates serving a sentence for 

offenses committed on or after 

November 1, 1987: 

(1) The Bureau will award inmates up 

to 54 days of GCT credit for each year 

of the sentence imposed by the court. 

Consistent with this methodology, the 

Bureau will initially determine a 

projected release date by calculating the 

maximum GCT credit possible based on 

the length of an inmate’s imposed 

sentence. The projected release date is 

subject to change during the inmate’s 

incarceration. 

(2) The Bureau will award prorated 

credit for any partial final year of the 

sentence imposed, subject to the 

requirements in this section. 

Accordingly, BOP calculates the 

projected GCT credit to be awarded for 

any portion of a sentence that is less 

than a full year at a prorated amount. 

(3) An inmate may receive up to 54 

days of GCT credit on each anniversary 

date of his or her imposed sentence, 

subject to the requirements in this 

section. Credit for the last year of a term 

of imprisonment is awarded the day 

after the end of the final ‘‘anniversary 

period,’’ unless the final year is a 

complete year, in which case credit for 

the last year is awarded on the first day 

of the final anniversary period 

(4) When the inmate reaches the 

Bureau-projected release date, the 

sentence will be satisfied and the 

inmate will be eligible for release. 

(c) For inmates serving a sentence for 

offenses committed on or after 

November 1, 1987, but before September 

13, 1994, GCT credit is vested once 

received and cannot be withdrawn. 

(d)(1) For inmates serving a sentence 

for offenses committed on or after 

September 13, 1994, but before April 26, 

1996, all GCT credit will vest annually 

only for inmates who have earned, or 

are making satisfactory progress toward 

earning, a high school diploma, 

equivalent degree, or Bureau-authorized 

alternative program credit (see part 544 

of this chapter). 

(2) For inmates serving a sentence for 

an offense committed on or after April 

26, 1996, the Bureau will award: 

(i) Up to 54 days of GCT credit for 

each year of the sentence imposed, 

applied on the anniversary date of his 

or her imposed sentence, if the inmate 

has earned or is making satisfactory 

progress toward earning a high school 

diploma, equivalent degree, or Bureauauthorized alternative program credit; or 

(ii) Up to 42 days of GCT credit for 

each year of the sentence imposed, 

applied on the anniversary date of his/ 

her imposed sentence, if the inmate 

does not meet conditions described in 

paragraph (d)(2)(i) of this section. 

(3) Notwithstanding the requirements 

of paragraphs (d)(1) and (2) of this 

section, a noncitizen (inmate who is not 

a citizen of the United States) who is 

subject to a final order of removal, 

deportation, or exclusion, is not 

required to participate in a literacy 

program to earn yearly awards of GCT 

credit. However, such inmates remain 

eligible to participate in literacy 

programs under part 544 of this chapter. 

[FR Doc. 2022–02876 Filed 2–10–22; 8:45 am] 

BILLING CODE 4410–05–P 

DEPARTMENT OF THE TREASURY 

Office of Foreign Assets Control 

31 CFR Part 554 

Burundi Sanctions Regulations 

AGENCY: Office of Foreign Assets 

Control, Treasury. 

ACTION: Final rule. 


lotter on DSK11XQN23PROD with RULES1
7944 Federal Register / Vol. 87, No. 29 / Friday, February 11, 2022 / Rules and Regulations 

SUMMARY: The Department of the 

Treasury’s Office of Foreign Assets 

Control (OFAC) is removing from the 

Code of Federal Regulations the 

Burundi Sanctions Regulations as a 

result of the termination of the national 

emergency on which the regulations 

were based. 

DATES: This rule is effective February 

11, 2022. 

FOR FURTHER INFORMATION CONTACT: 

OFAC: Assistant Director for Licensing, 

202–622–2480; Assistant Director for 

Regulatory Affairs, 202–622–4855; or 

Assistant Director for Sanctions 

Compliance & Evaluation, 202–622– 

2490. 

SUPPLEMENTARY INFORMATION: 

Electronic Availability 

This document and additional 

information concerning OFAC are 

available on OFAC’s website: 

www.treasury.gov/ofac. 

Background 

On November 22, 2015, the President, 

invoking the authority of, inter alia, the 

International Emergency Economic 

Powers Act (50 U.S.C. 1701–1706) 

(IEEPA), issued Executive Order (E.O.) 

13712, ‘‘Blocking Property of Certain 

Persons Contributing to the Situation in 

Burundi’’ (80 FR 73633, November 25, 

2015). In E.O. 13712, the President 

found that the situation in Burundi, 

which had been marked by the killing 

of and violence against civilians, unrest, 

incitement of imminent violence, and 

significant political repression, and 

which threatened the peace, security, 

and stability of Burundi, constituted an 

unusual and extraordinary threat to the 

national security and foreign policy of 

the United States, and declared a 

national emergency to deal with that 

threat. 

On April 6, 2016, OFAC issued the 

Burundi Sanctions Regulations, 31 CFR 

part 554 (81 FR 19878, April 6, 2016) 

(the ‘‘Regulations’’), as a final rule to 

implement E.O. 13712. The Regulations 

were issued in abbreviated form for the 

purpose of providing immediate 

guidance to the public. 

On November 18, 2021, the President 

issued E.O. 14054, ‘‘Termination of 

Emergency With Respect to the 

Situation in Burundi’’ (86 FR 66149, 

November 19, 2021). In E.O. 14054, the 

President found that the situation that 

gave rise to the declaration of a national 

emergency in E.O. 13712 with respect to 

the situation in Burundi had been 

significantly altered by events of the 

past year, including the transfer of 

power following elections in 2020, 

significantly decreased violence, and 

President Ndayishimiye’s pursuit of 

reforms across multiple sectors. 

Accordingly, the President terminated 

the national emergency declared in E.O. 

13712 and revoked that order. 

As a result, OFAC is removing the 

Regulations from the Code of Federal 

Regulations. Pursuant to section 202(a) 

of the National Emergencies Act (50 

U.S.C. 1622(a)) and section 2 of E.O. 

14054, termination of the national 

emergency declared in E.O. 13712 shall 

not affect any action taken or 

proceeding pending not finally 

concluded or determined as of 

November 18, 2021 (the date of E.O. 

14054), any action or proceeding based 

on any act committed prior to the date 

of E.O. 14054, or any rights or duties 

that matured or penalties that were 

incurred prior to the date of E.O. 14054. 

Public Participation 

Because the Regulations involve a 

foreign affairs function, the provisions 

of E.O. 12866 of September 30, 1993, 

‘‘Regulatory Planning and Review’’ (58 

FR 51735, October 4, 1993), and the 

Administrative Procedure Act (5 U.S.C. 

553) requiring notice of proposed 

rulemaking, opportunity for public 

participation, and delay in effective date 

are inapplicable. Because no notice of 

proposed rulemaking is required for this 

rule, the Regulatory Flexibility Act (5 

U.S.C. 601–612) does not apply. 

Paperwork Reduction Act 

The Paperwork Reduction Act does 

not apply because this rule does not 

impose information collection 

requirements that would require the 

approval of the Office of Management 

and Budget under 44 U.S.C. 3501 et seq. 

List of Subjects in 31 CFR Part 554 

Administrative practice and 

procedure, Banks, banking, Blocking of 

assets, Brokers, Burundi, Credit, Foreign 

trade, Investments, Loans, Sanctions, 

Securities, Services. 

PART 554—[REMOVED] 

■ For the reasons set forth in the 

preamble, and pursuant to 50 U.S.C. 

1601–1651 and E.O. 14054 (86 FR 

66149, November 19, 2021), OFAC 

amends 31 CFR chapter V by removing 

part 554. 

Andrea M. Gacki, 

Director, Office of Foreign Assets Control. 

[FR Doc. 2022–02949 Filed 2–10–22; 8:45 am] 

BILLING CODE 4810–AL–P 

DEPARTMENT OF DEFENSE 

Office of the Secretary 

32 CFR Part 313 

[Docket ID: DOD–2019–OS–0109] 

RIN 0790–AK59 

The Chairman of the Joint Chiefs of 

Staff and the Joint Staff Privacy 

Program 

AGENCY: The Chairman of the Joint 

Chiefs of Staff and the Joint Staff, 

Department of Defense (DoD). 

ACTION: Final rule. 

SUMMARY: This final rule removes DoD’s 

regulation concerning the Chairman of 

the Joint Chiefs of Staff and the Joint 

Staff Privacy Program. On April 11, 

2019, the Department of Defense 

published a revised DoD-level Privacy 

Program rule, which contains the 

necessary information for an agencywide privacy program regulation under 

the Privacy Act and now serves as the 

single Privacy Program rule for the 

Department. That revised Privacy 

Program rule also includes all DoD 

component exemption rules. Therefore, 

this part is now unnecessary and may be 

removed from the CFR. 

DATES: This rule is effective on February 

11, 2022. 

FOR FURTHER INFORMATION CONTACT: Kyle 

Roseman, 703–695–7071. 

SUPPLEMENTARY INFORMATION: DoD now 

has a single DoD-level Privacy Program 

rule at 32 CFR part 310 (84 FR 14728) 

that contains all the codified 

information required for the 

Department. The Chairman of the Joint 

Chiefs of Staff and the Joint Staff 

Program regulation at 32 CFR part 313, 

last updated on November 14, 1991 (56 

FR 57802), is no longer required and can 

be removed. 

It has been determined that 

publication of this CFR part removal for 

public comment is impracticable, 

unnecessary, and contrary to public 

interest since it is based on the removal 

of policies and procedures that are 

either now reflected in another CFR 

part, 32 CFR part 310, or are publicly 

available on the Department’s website. 

The Office of the Joint Chiefs of Staff is 

governed by the Privacy Act 

implementation policies of the Office of 

the Secretary of Defense. 

This rule is one of 20 separate 

component Privacy rules. With the 

finalization of the DoD-level Privacy 

rule at 32 CFR part 310, the Department 

eliminated the need for this component 

Privacy rule, thereby reducing costs to 

the public as explained in the preamble 


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