[Federal Register Volume 62, Number 56 (Monday, March 24, 1997)]
[Rules and Regulations]
[Pages 13825-13826]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-7292]


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DEPARTMENT OF JUSTICE

Bureau of Prisons

28 CFR Part 527

RIN 1120-AA53
[BOP-1058-F]


Transfer of Inmates to State Agents for Production on State Writs

AGENCY: Bureau of Prisons, Justice.

ACTION: Final rule.

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SUMMARY: In this document, the Bureau of Prisons is making various 
editorial or procedural changes in order to update its regulations on 
transfer of inmates to state agents for production on state writs.

EFFECTIVE DATE: March 24, 1997.

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 transfer of inmates to state agents for production on 
state writs (28 CFR part 527, subpart D). A final rule on this subject 
was published in the Federal Register July 1, 1981 (46 FR 34549) and 
was amended October 1, 1985 (50 FR 40105).
    The Bureau is making various editorial or procedural changes in 
order to update Sec. 527.31. Specifically, paragraph (a) is amended for 
the purpose of removing the instruction that the provisions of the rule 
may not be used to avoid the use, or to circumvent the intent, of the 
Interstate Agreement on Detainers. This requirement is more suitable 
for inclusion in implementing instructions to staff rather than in the 
regulatory text. Paragraph (c) is amended by revising the provisions 
governing how requests are to be made. These provisions previously had 
read that the request may be made by letter, or in urgent cases by wire 
or phone. The Bureau is revising this to require the request to be made 
by letter. Implementing instructions to staff further address how the 
letter may be received (for example, via facsimile transmission). 
Consequently, the regulation would not need to be further amended in 
order to recognize technological changes in accepting requests. 
Paragraph (d) is amended for editorial consistency (that is, in order 
to use the phrase ``institution staff'' rather than ``institutional 
staff''). Finally, paragraph (h) is amended by removing the phrase ``in 
either the Regional or Central Office'' and redundant regulatory 
information. Because the provisions in paragraph (h) serve as a cross-
reference to the controlling regulations for Central Inmate Monitoring 
Cases, the inclusion of such specific information is unnecessary.
    Because these changes are either administrative or editorial in 
nature, the Bureau finds good cause for exempting the provisions of the 
Administrative Procedure Act (5 U.S.C. 553) requiring notice of 
proposed rulemaking, the opportunity for public comment, and delay in 
effective date. Members of the public may submit 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

[[Page 13826]]

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 527

    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 527 in subchapter B of 28 
CFR, chapter V is amended as set forth below.

SUBCHAPTER B--INMATE ADMISSION, CLASSIFICATION, AND TRANSFER

PART 527--TRANSFERS

    1. The authority citation for 28 CFR part 527 continues to read as 
follows:

    Authority: 5 U.S.C. 301; 18 U.S.C. 3565, 3569, 3621, 3622, 3624, 
4001, 4042, 4081, 4082 (Repealed in part as to offenses committed on 
or after November 1, 1987), 4100-4115, 4161-4166 (Repealed as to 
offenses committed on or after November 1, 1987), 4201-4218, 5003, 
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 Sec. 527.31, paragraph (a) is amended by removing the second 
sentence, paragraph (c) is amended by revising the second sentence, 
paragraph (d) is amended by revising the second sentence, and paragraph 
(h) is revised to read as follows:


Sec. 527.31  Procedures.

* * * * *
    (c) * * * The request shall be made by letter. * * *
    (d) * * * Institution staff shall verify the authenticity of the 
writ.
* * * * *
    (h) Release of inmates classified as Central Inmate Monitoring 
Cases requires review with and/or coordination by appropriate 
authorities in accordance with the provisions of 28 CFR part 524, 
subpart F.

[FR Doc. 97-7292 Filed 3-21-97; 8:45 am]
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