10164 Federal Register / Vol. 62, No. 43 / Wednesday, March 5, 1997 / Proposed Rules

DEPARTMENT OF JUSTICE

Bureau of Prisons

28 CFR Part 524

[BOP–1067–P]

RIN 1120–AA63

Progress Reports: Triennial

Preparation

AGENCY: Bureau of Prisons, Justice.

ACTION: Proposed Rule.

SUMMARY: The Bureau of Prisons is

proposing to amend its regulations on

progress reports to require that progress

reports for designated inmates be

prepared at least once every 36 months.

The purpose of this change is to

streamline operations at Bureau

facilities while continuing to provide

appropriate program services to

inmates.

DATES: Comments due by May 5, 1997.

ADDRESSES: Rules Unit, 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 proposing to amend

its regulations on progress reports (28

CFR part 524, subpart E). A final rule on

this subject was published in the

Federal Register on December 3, 1990

(55 FR 49977), and was amended

February 11, 1994 (59 FR 6856) and

February 27, 1995 (60 FR 10722).

Progress reports are used to maintain

current information on an inmate such

as his/her institutional adjustment,

program participation, and readiness for

release. Paragraph (e) of § 524.41 had

previously specified that a progress

report shall be prepared on each federal

inmate at least once every 24 months, if

for no other reason than to update report

information. This paragraph was

amended in 1995 to allow for a triennial

rather than biennial progress report for

inmates at independent camps. This

amendment allowed the Bureau to

allocate staff resources at independent

camps in a more efficient manner. The

Bureau wishes to extend such

streamlining of operations to its other

facilities, and therefore proposes to

require that a progress report be

prepared on each designated inmate at

least once every 36 months if not

previously generated for another reason

required by § 524.41.

The Bureau of Prisons has determined

that this rule is not a significant

regulatory action for the purpose of E.O.

12866, and accordingly 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 impact on a substantial

number of small entities. 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.

Interested persons may participate in

this proposed rulemaking by submitting

data, views, or arguments in writing to

the Rules Unit, Office of General

Counsel, Bureau of Prisons, 320 First

Street, NW., HOLC Room 754,

Washington, DC 20534. Comments

received during the comment period

will be considered before final action is

taken. Comments received after the

expiration of the comment period will

be considered to the extent practicable.

All comments received remain on file

for public inspection at the above

address. The proposed rule may be

changed in light of the comments

received. No oral hearings are

contemplated.

List of Subjects in 28 CFR Part 524

Prisoners.

Ronald G. Thompson,

Acting 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 524 in

subchapter B of 28 CFR, chapter V is

proposed to be amended as set forth

below.

SUBCHAPTER B—INMATE ADMISSION,

CLASSIFICATION, AND TRANSFER

PART 524—CLASSIFICATION OF

INMATES

1. The authority citation for 28 CFR

part 524 continues to read as follows:

Authority: 5 U.S.C. 301; 18 U.S.C. 3521–

3528, 3621, 3622, 3624, 4001, 4042, 4046,

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; 21

U.S.C. 848; 28 U.S.C. 509, 510; 28 CFR 0.95–

0.99.

2. In § 524.41, paragraph (e) is revised

to read as follows:

§ 524.41 Types of progress reports.

* * * * *

(e) Triennial Report—prepared on

each designated inmate at least once

every 36 months if not previously

generated for another reason required by

this section.

* * * * *

[FR Doc. 97–5397 Filed 3–4–97; 8:45 am]

BILLING CODE 4410–05–P

DEPARTMENT OF JUSTICE

Bureau of Prisons

28 CFR Part 511

[BOP 1066–P]

RIN 1120–AA61

Searching and Detaining or Arresting

Persons Other Than Inmates

AGENCY: Bureau of Prisons, Justice.

ACTION: Proposed Rule.

SUMMARY: In this document, the Bureau

of Prisons is proposing to amend its

regulations on searching/detaining of

non-inmates to authorize the Warden to

conduct visual searches of visitors

suspected of introducing contraband

into a low and above security level

institution (or administrative

institution, or in a pretrial or in a jail

unit within any security level

institution) when there is reasonable

suspicion that the visitor possesses

contraband or is introducing or

attempting to introduce contraband into

the institution. Currently, such searches

are authorized at medium and higher

security level institutions (or

administrative institution, or in a

pretrial or in a jail unit within any

security level institution). This

amendment is intended to provide for

the continued secure and safe operation

of Bureau institutions.

DATES: Comments due by May 5, 1997.

ADDRESSES: Rules Unit, 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 proposing to amend

its regulations on searching/detaining

non-inmates (28 CFR part 511, subpart

A. A final rule on this subject was

published in the Federal Register on

November 1, 1984 (49 FR 44057) and

was amended on July 18, 1986 (51 FR

26126), February 1, 1991 (56 FR 4159),

and on February 8, 1994 (59 FR 5924).

Current regulations in § 511.12(d)

permit the Warden to authorize a visual