Federal Register / Vol. 78, No. 234 / Thursday, December 5, 2013 / Rules and Regulations 73083 

(4) Effective/applicability date. 

Paragraph (a)(2) of this section and 

Example 6 apply on or after January 23, 

2012. 

* * * * * 

(g) Effective/applicability date. Except 

as otherwise provided in paragraphs 

(a)(4) and (f)(3) of this section, this 

section applies to payments made after 

December 31, 2000. 

§ 1.1441–7T [Removed]. 

■ Par. 19. Section 1.1441–7T is 

removed. 

■ Par. 20. Section 1.1461–1 is amended 

by: 

■ 1. Revising paragraph (c)(2)(i)(L). 

■ 2. Adding paragraph (c)(2)(iii). 

The revision and addition read as 

follows: 

§ 1.1461–1 Payment and returns of tax 

withheld. 

* * * * * 

(c) * * * 

(2) * * * 

(i) * * * 

(L) Dividend equivalents as described 

in section 871(m) and the regulations 

thereunder; 

* * * * * 

(iii) Effective/applicability date. 

Paragraph (c)(2)(i)(L) of this section 

applies on or after January 23, 2012. 

* * * * * 

§ 1.1461–1T [Removed]. 

■ Par. 21. Section 1.1461–1T is 

removed. 

John Dalrymple, 

Deputy Commissioner for Services and 

Enforcement. 

Approved: November 26, 2013. 

Mark J. Mazur, 

Assistant Secretary of the Treasury (Tax 

Policy). 

[FR Doc. 2013–28933 Filed 12–4–13; 8:45 am] 

BILLING CODE 4830–01–P 

DEPARTMENT OF JUSTICE 

Bureau of Prisons 

28 CFR Part 571 

[BOP–1168–P] 

RIN 1120–AB68 

Compassionate Release 

AGENCY: Bureau of Prisons, Justice. 

ACTION: Interim rule. 

SUMMARY: The Bureau of Prisons 

(Bureau) changes its regulations on 

compassionate release, to provide that 

when considering an inmate for 

reduction in sentence, the General 

Counsel will solicit the opinion of the 

United States Attorney in the district in 

which the inmate was sentenced; and 

the final decision is subject to the 

general supervision and direction of the 

Attorney General and Deputy Attorney 

General. 

DATES: This rule will be effective 

December 5, 2013. Written comments 

must be postmarked and electronic 

comments must be submitted on or 

before February 3, 2014. Comments 

received by mail will be considered 

timely if they are postmarked on or 

before that date. The electronic Federal 

Docket Management System (FDMS) 

will accept comments until Midnight 

Eastern Time at the end of that day. 

ADDRESSES: To ensure proper handling 

of comments, please reference ‘‘Docket 

No. BOP 1168’’ on all electronic and 

written correspondence. The 

Department encourages all comments be 

submitted electronically through http:// 

www.regulations.gov using the 

electronic comment form provided on 

that site. An electronic copy of this 

document is also available at the http:// 

www.regulations.gov Web site for easy 

reference. Paper comments that 

duplicate the electronic submission are 

not necessary as all comments 

submitted to http://www.regulations.gov 

will be posted for public review and are 

part of the official docket record. Should 

you, however, wish to submit written 

comments via regular or express mail, 

they should be sent to Rules Unit, Office 

of General Counsel, Bureau of Prisons, 

320 First Street NW., Washington, DC 

20534. 

FOR FURTHER INFORMATION CONTACT: 

Sarah Qureshi, Office of General 

Counsel, Bureau of Prisons, phone (202) 

307–2105. 

SUPPLEMENTARY INFORMATION: 

Posting of Public Comments 

Please note that all comments 

received are considered part of the 

public record and made available for 

public inspection online at 

www.regulations.gov. Such information 

includes personal identifying 

information (such as your name, 

address, etc.) voluntarily submitted by 

the commenter. 

If you want to submit personal 

identifying information (such as your 

name, address, etc.) as part of your 

comment, but do not want it to be 

posted online, you must include the 

phrase ‘‘PERSONAL IDENTIFYING 

INFORMATION’’ in the first paragraph 

of your comment. You must also locate 

all the personal identifying information 

you do not want posted online in the 

first paragraph of your comment and 

identify what information you want 

redacted. 

If you want to submit confidential 

business information as part of your 

comment but do not want it to be posted 

online, you must include the phrase 

‘‘CONFIDENTIAL BUSINESS 

INFORMATION’’ in the first paragraph 

of your comment. You must also 

prominently identify confidential 

business information to be redacted 

within the comment. If a comment 

contains so much confidential business 

information that it cannot be effectively 

redacted, all or part of that comment 

may not be posted on 

www.regulations.gov. 

Personal identifying information 

identified and located as set forth above 

will be placed in the agency’s public 

docket file, but not posted online. 

Confidential business information 

identified and located as set forth above 

will not be placed in the public docket 

file. If you wish to inspect the agency’s 

public docket file in person by 

appointment, please see the FOR

FURTHER INFORMATION CONTACT

paragraph. 

SUPPLEMENTARY INFORMATION: The 

Bureau published a proposed rule 

revising all of the regulations in 28 CFR 

part 571, subpart G, on December 21, 

2006 (71 FR 76619). We also published 

an interim rule making a technical 

change to the regulations on February 

28, 2013 (78 FR 13478). 

We now withdraw the proposed rule 

published in 2006. The Bureau is 

continuing to consider issues relating to 

compassionate release and the public 

comments submitted in response to the 

2006 notice of proposed rulemaking. 

At this time, we are promulgating this 

interim rule which makes the following 

changes to the regulations on 

compassionate release: (1) Providing 

that, when considering an inmate for 

reduction in sentence, the General 

Counsel will solicit the opinion of the 

United States Attorney in the district in 

which the inmate was sentenced; and 

(2) clarifying that the final decision is 

subject to the general supervision and 

direction of the Attorney General and 

Deputy Attorney General. 

Section 571.62 describes procedures 

the Bureau follows to review a request 

for reduction in sentence. The request 

must be reviewed by the Warden, 

General Counsel, Medical Director (for 

medical referrals), the Assistant Director 

(for non-medical referrals), and the 

Director. During the course of this 

review, the United States Attorney’s 

Office is consulted and made aware of 

a request being considered for approval. 


ehiers on DSK2VPTVN1PROD with RULES
73084 Federal Register / Vol. 78, No. 234 / Thursday, December 5, 2013 / Rules and Regulations 

This is current practice for requests for 

reduction in sentence. 

We now codify this practice to make 

it clear to inmates and the public that 

the United States Attorney’s Office will 

be consulted in the course of the review 

of the Office of General Counsel. We 

will therefore insert a provision stating 

that the General Counsel will solicit the 

opinion of the U.S. Attorney in the 

district in which the inmate was 

sentenced. 

Also, in § 571.62(a)(2), which 

describes the Bureau’s approval of a 

request to make a motion for 

compassionate release, we add a 

statement clarifying that final decision 

authority is subject to the general 

supervision and direction of the 

Attorney General and Deputy Attorney 

General. 

Administrative Procedure Act 5 U.S.C. 

553 

The two changes made in this interim 

rule are ‘‘matter[s] relating to agency 

management’’ as described in 5 U.S.C. 

553(a)(1), and are ‘‘rules of agency 

organization, procedure, or practice’’ as 

described in section 553(b)(A), and, 

accordingly, they are not subject to the 

requirement for prior notice and 

comment under section 553(b). These 

changes impose no new restrictions on 

inmates or the public. Because this rule 

relates to agency management as 

described in section 553(a)(1), and is not 

a ‘‘substantive rule’’ as described in 

section 553(d), this rule is not subject to 

a requirement for a delayed effective 

date. This rule is made effective upon 

issuance. 

Congressional Review Act 

The Bureau of Prisons has determined 

that this action pertains to agency 

management and, accordingly, is not a 

‘‘rule’’ as that term is used by the 

Congressional Review Act (CRA), 

(Subtitle E of the Small Business 

Regulatory Enforcement Fairness Act, 

(SBREFA)). Therefore, the reports to 

Congress and the General Accounting 

Office specified by section 801 of 

SBREFA are not required. 

Executive Orders 12866 and 13563 

This regulation has been drafted and 

reviewed in accordance with Executive 

Order 12866, ‘‘Regulatory Planning and 

Review’’, section 1(b), Principles of 

Regulation, and Executive Order 13563, 

‘‘Improving Regulation and Regulatory 

Review’’. Because this interim rule is 

‘‘limited to agency organization, 

management, or personnel matters,’’ 

within the meaning of Executive Order 

12866, section 3(d)(3), it does not fall 

within the scope of a ‘‘regulation’’ or 

‘‘rule’’ that is subject to review under 

Executive Order 12866. Accordingly 

this regulation has not been reviewed by 

the Office of Management and Budget. 

Executive Order 13132 

This regulation will not have 

substantial direct effects 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 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 inmates 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. 

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. 

Small Business Regulatory Enforcement 

Fairness Act of 1996 

This regulation is not a major rule as 

defined by section 804 of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996. This regulation 

will not result in an annual effect on the 

economy of $100,000,000 or more; a 

major increase in costs or prices; or 

significant adverse effects on 

competition, employment, investment, 

productivity, innovation, or on the 

ability of United States-based 

companies to compete with foreignbased companies in domestic and 

export markets. 

List of Subjects in 28 CFR Part 571 

Prisoners. 

Thomas R. Kane 

Deputy Director, 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 chapter V, 

subchapter D, part 571, as follows. 

SUBCHAPTER D—COMMUNITY 

PROGRAMS AND RELEASE 

PART 571—RELEASE FROM 

CUSTODY 

■ 1. Revise the authority citation for 28 

CFR part 571 to read as follows: 

Authority: 5 U.S.C. 301; 18 U.S.C. 3565; 

3568 and 3569 (Repealed in part as to 

offenses committed on or after November 1, 

1987), 3582, 3621, 3622, 3624, 4001, 4042, 

4081, 4082 (Repealed in part as to offenses 

committed on or after November 1, 1987), 

4161–4166 and 4201–4218 (Repealed as to 

offenses committed on or after November 1, 

1987), 5006–5024 (Repealed October 12, 

1984, as to offenses committed after that 

date), 5031–5042; 28 U.S.C. 509 and 510; 

U.S. Const., Art. II, Sec. 2; 28 CFR 1.1–1.10; 

D.C. Official Code sections 24–101, 24–461, 

24–465, 24–467, and 24–468. 

Subpart G—Compassionate Release 

(Procedures for the Implementation of 

18 U.S.C. 3582(c)(1)(A) and 4205(g)) 

■ 2. In 571.62, the second sentence of 

paragraph (a)(2) is removed and two 

sentences are added in its place to read 

as follows: 

§ 571.62 Approval of request. 

(a) * * * 

(2) * * * The General Counsel will 

solicit the opinion of the United States 

Attorney in the district in which the 

inmate was sentenced. With these 

opinions, the General Counsel shall 

forward the entire matter to the Director, 

Bureau of Prisons, for final decision, 

subject to the general supervision and 

direction of the Attorney General and 

Deputy Attorney General. 

* * * * * 

[FR Doc. 2013–29076 Filed 12–4–13; 8:45 am] 

BILLING CODE 4410–05–P 


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