240 Federal Register / Vol. 60, No. 1 / Tuesday, January 3, 1995 / Rules and Regulations

DEPARTMENT OF JUSTICE

Bureau of Prisons

28 CFR Parts 540 and 545

[BOP–1004–F]

RIN 1120–AA06

Telephone Regulations and Inmate

Financial Responsibility

AGENCY: Bureau of Prisons, Justice.

ACTION: Final rule; delay of effective

date.

SUMMARY: In this document, the Bureau

of Prisons is further postponing the

effective date for provisions in its

regulations relating to limitations on

telephone privileges for inmates who

have refused participation in the inmate

financial responsibility program. This

action is necessary because of ongoing

litigation.

EFFECTIVE DATE: Effective December 28,

1994, the effective date of §§ 540.105(c)

and 545.11(d)(10) is delayed until

January 4, 1996, and the amendments in

this document are effective January 4,

1996.

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, telephone (202) 514–

6655.

SUPPLEMENTARY INFORMATION: The

Bureau of Prisons (‘‘Bureau’’) is further

delaying the effective date for certain

provisions in its rules on telephone

regulations and on the inmate financial

responsibility program which were

published in the Federal Register on

April 4, 1994 (59 FR 15812).

In revising its rules on telephone

regulations and on the inmate financial

responsibility program, the Bureau

delayed the effective date for provisions

in §§ 540.105(c) and 545.11(d)(10)

which imposed limitations on the

telephone privileges of inmates who had

refused participation in the inmate

financial responsibility program. These

provisions were to become effective

January 3, 1995. Due to ongoing

litigation, the Bureau is further delaying

the effective date until January 4, 1996.

This date has been selected in order to

allow staff to plan for an orderly

implementation. If this date needs to be

further adjusted because of the ongoing

litigation, the Bureau shall publish such

notice in a future issue of the Federal

Register.

As published on April 4, 1994,

§§ 540.105(c) and 545.11(d)(10)

included parenthetical references to the

delayed effective dates of those

provisions. Emphasizing the delayed

effectiveness of these specific provisions

within the regulatory text served a

useful purpose at that time, given the

size and complexity of the published

final rule. Because this information is

noted editorially in the annually revised

Code of Federal Regulations, the Bureau

believes that such emphasis no longer

serves a useful purpose and is therefore

removing this redundant material.

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 has not

been reviewed by the Office of

Management and Budget pursuant to

E.O. 12866. 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 (Pub. L. 96–354), does not have a

significant impact on a substantial

number of small entities.

List of Subjects in 28 CFR Part 540 and

545

Prisoners.

Thomas R. Kane,

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), parts 540 and

545 in subchapter C of 28 CFR, chapter

V are amended as set forth below.

Subchapter C—Institutional Management

PART 540—CONTACT WITH PERSONS

IN THE COMMUNITY

1. The authority citation for 28 CFR

part 540 continues to read as follows:

Authority: 5 U.S.C. 301, 551, 552a; 18

U.S.C. 1791, 3013, 3571, 3572, 3621, 3622,

3624, 3663, 4001, 4042, 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; 28 U.S.C. 509, 510; 28

CFR 0.95–0.99.

§ 540.105 [Amended]

2. In § 540.105, paragraph (c) is

amended by removing the concluding

parenthetical sentence.

3. The authority citation for 28 CFR

part 545 continues to read as follows:

Authority: 5 U.S.C. 301; 18 U.S.C. 3013,

3571, 3572, 3621, 3622, 3624, 3663, 4001,

4042, 4081, 4082 (Repealed in part as to

offenses committed on or after November 1,

1987), 4126, 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.

§ 545.11 [Amended]

4. In § 545.11, paragraph (d)(10) is

amended by removing the final

parenthetical sentence.

[FR Doc. 94–32239 Filed 12–28–94; 10:55

am]

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