26010 Federal Register / Vol. 60, No. 94 / Tuesday, May 16, 1995 / Proposed Rules

(2) The NDI techniques set forth in Section

2 of Volume II, dated July 1993, of the SID

provide acceptable methods for

accomplishing the inspections required by

this paragraph.

(3) Visual inspections of all PSE’s on

airplanes listed in Volume III–94, dated July

1994, of the SID planning data, are required

by the fleet leader-operator sampling (FLOS)

program at least once during the interval

between the start date (SDATE) and the end

date (EDATE) established for each PSE.

These visual inspections are defined in

Section 3 of Volume II, dated July 1993, of

the SID, and are required only for those

airplanes that have not been inspected

previously in accordance with Section 2 of

Volume II, dated July 1993, of the SID.

(4) For those FLOS PSE’s which do not

have a Normal Maintenance Visual

Inspection specified in Section 3 of Volume

II, dated July 1993, of the SID, the procedure

for general visual inspection is as follows:

Perform an inspection of the general PSE area

for cleanliness, presence of foreign objects,

security of parts, cracks, corrosion, and

damage.

(5) All inspection results (negative or

positive) must be reported to McDonnell

Douglas, in accordance with the instructions

contained in Section 2 of Volume III–94,

dated July 1994, of the SID. Information

collection requirements contained in this

regulation have been approved by the Office

of Management and Budget (OMB) under the

provisions of the Paperwork Reduction Act of

1980 (44 U.S.C. 3501 et seq.) and have been

assigned OMB Control Number 2120–0056.

Note 3: Volume II, dated July 1993, of the

SID is comprised of the following:

Volume designation

Revision

level

shown on

volume

Volume II–10/20 ........................... 4

Volume II–20/30 ........................... 5

Volume II–40 ................................ 4

Volume II–50 ................................ 4

Note 4: NDI inspections accomplished in

accordance with the following Volume II of

the SID provide acceptable methods for

accomplishing the inspections required by

this paragraph:

Volume designation Revision level Date of

revision

Volume II–10/20 ................................................................................................................................................ 4 ........................ July 1993.

Volume II–10/20 ................................................................................................................................................ 3 ........................ April 1991.

Volume II–10/20 ................................................................................................................................................ 2 ........................ April 1990.

Volume II–10/20 ................................................................................................................................................ 1 ........................ June 1989.

Volume II/20 ...................................................................................................................................................... Original ............. November 1987.

Volume II–20/30 ................................................................................................................................................ 5 ........................ July 1993.

Volume II–20/30 ................................................................................................................................................ 4 ........................ April 1991.

Volume II–20/30 ................................................................................................................................................ 3 ........................ April 1990.

Volume II–20/30 ................................................................................................................................................ 2 ........................ June 1989.

Volume II–20/30 ................................................................................................................................................ 1 ........................ November 1987.

Volume II–40 ..................................................................................................................................................... 4 ........................ July 1993.

Volume II–40 ..................................................................................................................................................... 3 ........................ April 1991.

Volume II–40 ..................................................................................................................................................... 2 ........................ April 1990.

Volume II–40 ..................................................................................................................................................... 1 ........................ June 1989.

Volume II–40 ..................................................................................................................................................... Original ............. November 1987.

Volume II–50 ..................................................................................................................................................... 4 ........................ July 1993.

Volume II–50 ..................................................................................................................................................... 3 ........................ April 1991.

Volume II–50 ..................................................................................................................................................... 2 ........................ April 1990.

Volume II–50 ..................................................................................................................................................... 1 ........................ June 1989.

Volume II–50 ..................................................................................................................................................... Original ............. November 1987.

(c) Any cracked structure detected during

the inspections required by either paragraph

(a) or (b) of this AD must be repaired before

further flight, in accordance with a method

approved by the Manager, Los Angeles

Aircraft Certification Office (ACO), FAA,

Transport Airplane Directorate.

Note 5: Requests for approval of any PSE

repair that would affect the FAA-approved

maintenance inspection program that is

required by this AD should include a damage

tolerance assessment for that PSE.

(d) An alternative method of compliance or

adjustment of the compliance time that

provides an acceptable level of safety may be

used if approved by the Manager, Los

Angeles ACO. Operators shall submit their

requests through an appropriate FAA

Principal Maintenance Inspector, who may

add comments and then send it to the

Manager, Los Angeles ACO. Alternative

methods of compliance previously granted

for amendment 39–8807, AD 94–03–01,

continue to be considered as acceptable

alternative methods of compliance with this

amendment.

Note 6: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the Manager, Los Angeles

ACO.

(e) Special flight permits may be issued in

accordance with sections 21.197 and 21.199

of the Federal Aviation Regulations (14 CFR

21.197 and 21.199) to operate the airplane to

a location where the requirements of this AD

can be accomplished.

Issued in Renton, Washington, on May 10,

1995.

Darrell M. Pederson,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 95–11973 Filed 5–15–95; 8:45 am]

BILLING CODE 4910–13–P

DEPARTMENT OF JUSTICE

Parole Commission

28 CFR Part 2

Parole Date Advancements for

Substance Abuse Treatment Program

Completion

AGENCY: United States Parole

Commission, Justice.

ACTION: Proposed rule.

SUMMARY: The U.S. Parole Commission

is proposing to amend its regulations on

superior program achievement to permit

a prisoner to be considered for a special

advancement of the prisoner’s

presumptive release date, by up to

twelve months, if the prisoner is a nonviolent offender who has completed a

program of treatment for a recognized

problem of substance abuse and

dependence. Although the existing

regulation already sets forth a schedule

of permissible advancements for

superior program achievement, the
Federal Register / Vol. 60, No. 94 / Tuesday, May 16, 1995 / Proposed Rules 26011

Commission proposes to add the abovedescribed provision in order to equalize

the incentive available to parole-eligible

prisoners with the new incentive for

completion of substance abuse

treatment programs that will be

available for federal prisoners serving

no-parole sentences, under 18 U.S.C.

3621(e)(2).

DATES: Comments must be received by

June 26, 1995.

ADDRESSES: Send comments to Office of

General Counsel, U.S. Parole

Commission, 5550 Friendship Blvd.,

Chevy Chase, Maryland 20815.

FOR FURTHER INFORMATION CONTACT:

Pamela A. Posch, Office of General

Counsel, Telephone (301) 492–5959.

SUPPLEMENTARY INFORMATION: In the

Violent Crime Control and Law

Enforcement Act of 1994, Pub. L. 103–

322 (September 13, 1994), Congress

amended 18 U.S.C. 3621 to authorize

the Bureau of Prisons to reduce the

period a prisoner convicted of a nonviolent offense remains in custody after

he or she has successfully completed a

residential substance abuse treatment

program. This new authority is intended

by Congress to serve as an incentive for

prisoners’ successful completion of

residential substance abuse treatment

programs. This authority is applicable,

however, only to offenses committed

after November 1, 1987. (See Section

235(a)(1) of Public Law 98–473.)

Prisoners convicted of offenses that

were committed prior to November 1,

1987, and who were sentenced to

parole-eligible terms, must look to the

U.S. Parole Commission for early release

from prison as an incentive to

completion of treatment programs.

Under 28 C.F.R. 2.60, such prisoners are

entitled to be considered by the Parole

Commission for early release, pursuant

to a schedule of permissible

advancements of a presumptive release

date for ‘‘Superior Program

Achievement.’’ 28 C.F.R. 2.60(e).

However, the opportunity for early

release is not equal to that authorized by

18 U.S.C. 3621(e)(2)(B), because an

advancement of up to twelve months is

permissible under § 2.60 only if the

presumptive release date established by

the Parole Commission (pursuant to the

parole guidelines at 28 C.F.R. 2.20)

requires eighty-five months or more of

imprisonment. In contrast, the Bureau of

Prisons is authorized under Section

3621(e)(2)(B) to grant a reduction of not

more than one year for any prisoner

who successfully completes a substance

abuse treatment program.

Accordingly, the Parole Commission

has decided to amend 28 C.F.R. 2.60 so

as to authorize a twelve-month

advancement for any parole-eligible

prisoner who meets all the criteria for a

reduction of custody under 18 U.S.C.

3621(e). The prisoner would have to be

a non-violent offender who is found to

have a recognized substance abuse

problem (not merely a past history of

drug or alcohol abuse). Admittance to a

residential substance abuse program

would be the decision of the Bureau of

Prisons. The Parole Commission would

consider the prisoner for a full twelvemonth advancement of the prisoner’s

previously established presumptive

release date only upon notification by

the Bureau of Prisons of successful

program completion. However, the

Commission would retain authority to

withhold any reduction that would

result in a miscarriage of justice, such as

the early release of a major drug kingpin

or an offender with a high risk of

recidivism.

Implementation

Upon adoption as a final rule, the

proposed amendments to 28 C.F.R. 2.60

would be applied at any statutory

interim hearing under 28 C.F.R. 2.14

that was held on or after the effective

date of the amended regulation. The

Commission does not propose to reopen

cases for prisoners who have a release

date with no further hearing scheduled.

For prisoners who would be considered

for the special advancement, completion

of a residential substance abuse

treatment program may have occurred

prior to the effective date of the

amended regulation.

Executive Order 12866 and Regulatory

Flexibility Statement

The U.S. Parole Commission has

determined that this proposed rule is

not a significant rule within the

meaning of Executive Order 12866, and

the proposed rule has, accordingly, not

been reviewed by the Office of

Management and Budget. The proposed

rule, if adopted, will not have a

significant economic impact upon a

substantial number of small entities,

within the meaning of the Regulatory

Flexibility Act, 5 U.S.C. 605(b).

List of Subjects in 28 CFR Part 2

Administrative practice and

procedure, Probation and parole,

Prisoners.

The Proposed Amendment

Accordingly, the U.S. Parole

Commission proposes the following

amendment to 28 CFR Part 2.

PART 2—[AMENDED]

1. The authority citation for 28 CFR

Part 2 continues to read as follows:

Authority: 18 U.S.C. 4203(a)(1) and

4204(a)(6).

2. Section 2.60 is proposed to be

amended by adding new paragraphs (g)

and (h), to read as follows:

§ 2.60 Superior program achievement.

* * * * *

(g) Upon notification from the Bureau

of Prisons that a parolable prisoner who

has no history of violent criminal

conduct, and who has a recognized

problem of substance abuse and

dependence, has successfully completed

residential substance abuse treatment in

conformity with the criteria set forth for

non-parolable prisoners in 18 U.S.C.

3621(e), the Commission will consider

such prisoner for a special

advancement, by up to twelve months,

of the presumptive release date

previously set. Such advancement shall

be without regard to the Schedule of

Permissible Reductions set forth in

paragraph (e) of this section. It is the

Commission’s intent to award not less

than twelve months in addition to any

other advancement granted under this

section, unless:

(1) The prisoner has already received

an advancement or extra good time

credits for participation in a substance

abuse treatment program; or

(2) There is insufficient time

remaining to permit the full

advancement; or

(3) There are unusual circumstances

that compel a finding that an early

parole would be inconsistent with 18

U.S.C. 4206 (e.g., a major narcotics

trafficker whose substance abuse was

clearly not a dominant factor in his

criminal behavior).

(h) Any advancement under this

section for superior program

achievement (including a special

advancement for completion of

residential substance abuse treatment) is

subject to forfeiture, in whole or in part,

whenever a presumptive parole date is

rescinded pursuant to § 2.34. In the case

of a special advancement under

paragraph (g) of this section, the entire

advancement shall be forfeited if the

Commission finds that the prisoner has

engaged in usage, possession, or

distribution of any illegal drugs

subsequent to program completion.

Dated: May 9, 1995.

Edward F. Reilly, Jr.

Chairman, U.S. Parole Commission.

[FR Doc. 95–11950 Filed 5–15–95; 8:45 am]

BILLING CODE 4410–01–P