27692 Federal Register / Vol. 60, No. 101 / Thursday, May 25, 1995 / Rules and Regulations

8 15 U.S.C. 78c, 78l, 78m, 78n, 78o, 78w and 78ll.

9 15 U.S.C. 79t.

10 15 U.S.C. 77sss.

11 15 U.S.C. 80a–8, 80a–29, 80a–30 and 80a–37.

Sections 3, 12, 13, 14, 15, 23, and 35A

of the Securities Exchange Act of 1934,8

Section 20 of the Public Utility Holding

Company Act of 1935,9 Section 319 of

the Trust Indenture Act of 1939,10 and

Sections 8, 30, 31, and 38 of the

Investment Company Act of 1940.11

List of Subjects in 17 CFR Part 232

Incorporation by reference;

Investment companies; Registration

requirements; Reporting and

recordkeeping requirements; Securities.

Text of the Amendment

In accordance with the foregoing,

Title 17, Chapter II of the Code of

Federal Regulations is amended as

follows:

PART 232—REGULATION S–T—

GENERAL RULES AND REGULATIONS

FOR ELECTRONIC FILINGS

1. The authority citation for Part 232

continues to read as follows:

Authority: 15 U.S.C. 77f, 77g, 77h, 77j,

77s(a), 77sss(a), 78c(b), 78l, 78m, 78n, 78o(d),

78w(a), 78ll(d), 79t(a), 80a–8, 80a–29, 80a–30

and 80a–37.

2. Section 232.301 is revised to read

as follows:

§ 232.301 EDGAR Filer Manual.

Electronic filings shall be prepared in

the manner prescribed by the EDGAR

Filer Manual, promulgated by the

Commission, which sets out the

technical formatting requirements for

electronic submissions. The June 1995

edition of the EDGAR Filer Manual:

Guide for Electronic Filing with the U.S.

Securities and Exchange Commission

(Release 4.30) is incorporated into the

Code of Federal Regulations by

reference, which action was approved

by the Director of the Federal Register

in accordance with 5 U.S.C. 552(a) and

1 CFR Part 51. Compliance with the

requirements found therein is essential

to the timely receipt and acceptance of

documents filed with or otherwise

submitted to the Commission in

electronic format. Paper copies of the

EDGAR Filer Manual may be obtained at

the following address: Public Reference

Room, U.S. Securities and Exchange

Commission, Mail Stop 1–2, 450 5th

Street, N.W., Washington, D.C. 20549.

They also may be obtained from

Disclosure Incorporated by calling (800)

638–8241. Electronic format copies are

available through the EDGAR electronic

bulletin board. Information on becoming

an EDGAR E-mail/electronic bulletin

board subscriber is available by

contacting CompuServe Inc. at (800)

848–8199.

Dated: May 22, 1995.

By the Commission.

Jonathan G. Katz,

Secretary.

[FR Doc. 95–12846 Filed 5–23–95; 10:35 am]

BILLING CODE 8010–01–P

DEPARTMENT OF JUSTICE

Bureau of Prisons

28 CFR Part 550

[BOP–1010–F; BOP–1034–I]

RIN 1120–AA16; RIN 1120–AA36

Drug Abuse Treatment Programs:

Early Release Consideration

AGENCY: Bureau of Prisons, Justice.

ACTION: Further issuance of interim rule

with request for comments.

SUMMARY: In this document, the Bureau

of Prisons is amending its rule on Drug

Abuse Treatment Programs in order to

allow for consideration of early release

of eligible inmates who complete a

residential drug abuse treatment

program. This amendment is necessary

to implement provisions of the Violent

Crime Control and Law Enforcement

Act of 1994. Further changes to the

regulations are being made for the sake

of clarification.

DATES: Effective June 26, 1995;

comments are due July 24, 1995.

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 further amending

its regulations on Drug Abuse Treatment

Programs. A final rule on this subject

with interim provisions on eligibility

requirements for the residential and

nonresidential drug abuse treatment

programs was published in the Federal

Register on October 21, 1994. The

Bureau has received no comment on the

interim provisions, and the Bureau

therefore adopts those interim

provisions as final. For organizational

reasons, §§ 550.55, 550.56, 550.57, and

550.58 are being redesignated

respectively as §§ 550.56, 550.57,

550.55, and 550.59.

The Bureau, in this document, is also

issuing interim provisions intended to

implement Section 32001 of the Violent

Crime Control and Law Enforcement

Act of 1994. This section provides,

among other things, that the period a

prisoner convicted of a non-violent

offense remains in custody after

successfully completing a program of

residential substance abuse treatment

may be reduced by the Bureau of

Prisons, but such reduction may not be

more than one year from the term the

prisoner must otherwise serve.

New § 550.58 establishes procedures

to be used by the Bureau in determining

eligibility for early release and for

determination of the length of the

reduction in sentence. In keeping with

the statutory provision that possible

reduction in sentence is applicable to an

inmate convicted of a nonviolent

offense, an inmate whose current

offense falls under the definition in 18

U.S.C. 924(c)(3) of a crime of violence

is excluded from consideration. Under

this section, a crime of violence means

an offense that is a felony and has as an

element the use, attempted use, or

threatened use of physical force against

the person or property of another, or

that by its nature, involves a substantial

risk that physical force against the

person or property of another may be

used in the course of committing the

offense. Information contained in the

Presentence Investigation Report

ordinarily is sufficient to allow staff to

determine if the inmate’s committed

offense meets this definition of crime of

violence. In exercising the Bureau’s

discretion in reducing a sentence, the

Bureau shall also review the criminal

history of the inmate contained in the

Presentence Investigation Report, and

any inmate with a federal and/or state

conviction for homicide, forcible rape,

robbery, or aggravated assault shall also

be excluded from consideration.

Because state convictions may show a

considerable range in the degree of

violence used in the offense, the Bureau

has chosen to use the above cited

categories of crimes, which are reported

under the FBI Violent Crime Index, as

the sole determinant of violence in the

criminal history. Inmates in Bureau

custody who are not serving a sentence

for a federal offense (for example, INS

detainees, pretrial inmates, or

contractual boarders) are not eligible for

consideration of early release. An

inmate with an INS detainer, however,

may be eligible for consideration of

early release to the detainer. An inmate

eligible for parole is not eligible for

consideration for early release by the

Bureau; information concerning the

successful completion of a residential

drug abuse treatment program by a
Federal Register / Vol. 60, No. 101 / Thursday, May 25, 1995 / Rules and Regulations 27693

parole-eligible inmate will be

transmitted to the Parole Commission

for appropriate consideration under

procedures duly promulgated by the

Commission.

Further eligibility requirements in

§ 550.58(a) pertain to completion of a

residential drug abuse treatment

program. An inmate who had previously

completed a Bureau of Prisons drug

abuse treatment program before October

1, 1989 (that is, before the current

program design) may be eligible for

consideration for early release. Staff

must confirm that the program

completed matches the treatment

required by statute. The inmate must

complete appropriate acknowledgement

of program responsibility, complete a

refresher treatment program and all

applicable transitional services program,

and maintain a discipline record as

specified in § 550.58(a)(1)(iv). An

inmate who has successfully completed

a Bureau of Prisons drug abuse

treatment program on or after October 1,

1989 is otherwise eligible if the inmate

completes all applicable transitional

services and maintains a discipline

record as specified in § 550.58(a)(2)(ii).

Under the procedures for application

contained in § 550.58(b), eligible

inmates currently enrolled in a

residential drug abuse treatment

program are automatically considered

without any further required action on

their part; inmates who had previously

completed a residential drug abuse

treatment program (or which matches

the treatment required by statute) must

notify the institution’s drug abuse

coordinator via a request to staff in

order to be considered for early release.

As specified in § 550.58(c), the length

of reduction may be up to 12 months.

If, upon completion of all required

transitional services, the inmate has less

than 12 months to serve, the amount of

reduction may not exceed the amount of

time left on service of sentence. The

Community Corrections Regional

Administrator may retard or disallow

any portion of the maximum 12 months

for an inmate in a community-based

program (for example, a community

corrections center) based on a

disciplinary finding or based on

program needs.

New § 550.60 is added to require that

an inmate who files an administrative

remedy request on the operation of a

drug abuse treatment program affecting

consideration for early release must so

indicate in the beginning of the request.

This is intended to assist staff in

preparing a response.

Further changes to the Bureau’s

regulations on drug abuse treatment

programs are summarized below.

Section 550.50 is revised to specify

that the availability of drug abuse

treatment programs is subject to the

availability of appropriated funds. The

former regulations had stated that these

programs were made available to the

extent practicable. This amendment

conforms to the wording of the revised

statutory authority.

Section 550.52 is revised for editorial

reasons to clarify that drug abuse

programming and treatment

opportunities are separate from the

Admission and Orientation program.

In § 550.54, paragraph (c) is amended

to expand exemptions from the

requirements for participation in the

drug abuse education course.

In new § 550.55, the introductory text

of paragraph (a) has been revised for the

sake of clarity. Paragraph (a)(1) has been

revised to ensure the integrity of

documentation of a drug abuse problem.

In new § 550.56, the description of the

residential drug abuse treatment

program is expanded to indicate more

clearly the duration of program

involvement and the connection with

subsequent transitional services

programming. The introductory text of

paragraph (a) has been revised for the

sake of clarity. Paragraph (a)(1) has been

revised to ensure the integrity of

documentation of a drug abuse problem.

A new paragraph (c) has been added to

define requirements for program

completion. Former paragraph (c) has

been redesignated and revised as new

paragraph (d) in order to specify more

clearly expulsion criteria. Given the

significance of the added incentive of

possible early release, the Bureau

believes these changes are necessary to

reduce unnecessary confusion regarding

program participation.

New § 550.57 has been revised to

include reference in new paragraph

(a)(4) to consideration for early release

as an incentive for program

participation. Provisions formerly

contained in § 550.55(c) regarding the

return of incentives previously received

upon an inmate’s withdrawal or

expulsion have also been transferred to

this section.

New § 550.59 has been reorganized

and revised to clarify the requirements

for transitional services, whether in an

institution or in a community-based

program. As revised in paragraph (c),

transitional services may be required for

all inmates with a documented drug

abuse problem, regardless of the

inmate’s choice to participate in the

residential drug abuse treatment

program.

Interested persons may participate in

this rulemaking by submitting data,

views, or arguments in writing to the

Bureau of Prisons, 320 First Street, NW.,

HOLC Room 754, Washington, DC

20534. Comments received on the

interim rule provisions during the

comment period will be considered

before final action is taken. All

comments received remain on file for

public inspection at the above address.

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 (Pub. L. 96–354), does not have a

significant impact on a substantial

number of small entities.

List of Subjects in 28 CFR Part 550

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), parts 545 and

550 in subchapter C of 28 CFR, chapter

V is amended as set forth below.

SUBCHAPTER C—INSTITUTIONAL

MANAGEMENT

PART 550—DRUG PROGRAMS

1. The authority citation for 28 CFR

part 550 continues to read as follows:

Authority: 5 U.S.C. 301; 18 U.S.C. 3621,

3622, 3624, 4001, 4042, 4081, 4082 (Repealed

in part as to offenses committed on or after

November 1, 1987), 4251–4255, 5006–5024

(repealed October 12, 1984 as to conduct

occurring after that date), 5039; 28 U.S.C.

509, 510; 28 CFR 0.95–0.99.

2. Section 550.50 is revised to read as

follows:

§ 550.50 Purpose and scope.

The Bureau of Prisons provides,

subject to the availability of

appropriated funds, drug abuse

treatment programs to inmates.

3. Section 550.52 is revised to read as

follows:

§ 550.52 Admission and Orientation

program.

Drug abuse treatment coordinators at

all institutions shall ensure that inmates

are informed during the Admission and

Orientation program about local and

Bureau-wide drug abuse programming

and treatment opportunities.

4. In § 550.54, paragraph (c) is

amended by revising the second

sentence to read as follows:
27694 Federal Register / Vol. 60, No. 101 / Thursday, May 25, 1995 / Rules and Regulations

§ 550.54 Requirements for drug abuse

education course.

* * * * *

(c) * * * An inmate may also be

exempted from the drug abuse

education course if that inmate does not

have enough time remaining to serve to

complete the drug abuse education

course, or if that inmate volunteers for,

enters and completes a residential drug

abuse treatment program, or if he/she

completes a structured drug abuse

treatment program at one of the Bureau

of Prisons’ Intensive Confinement

Centers (ICC).

§§ 550.55 through 550.57 [Redesignated]

5. Sections 550.55, 550.56, and 550.57

are redesignated respectively as

§§ 550.56, 550.57, and 550.55.

6. In newly designated § 550.55,

paragraph (a) introductory text and

(a)(1) are revised to read as follows:

§ 550.55 Non-residential drug abuse

treatment program.

* * * * *

(a) Eligibility. An inmate must meet

all of the following criteria to be eligible

for the non-residential drug abuse

treatment program.

(1) The inmate must have a verifiable

documented drug abuse problem.

* * * * *

7. Newly designated § 550.56 is

revised to read as follows:

§ 550.56 Institution residential drug abuse

treatment program.

Residential drug abuse treatment is

available at selected Bureau of Prisons

institutions. It is a course of individual

and group activities provided by a team

of drug abuse treatment specialists and

the drug abuse treatment coordinator in

a treatment unit set apart from the

general prison population, lasting a

minimum of 500 hours over a six to

twelve-month period. Inmates enrolled

in a residential drug abuse treatment

program shall be required to complete

subsequent transitional services

programming in a community-based

program and/or in a Bureau institution.

(a) Eligibility. An inmate must meet

all of the following criteria to be eligible

for the residential drug abuse treatment

program.

(1) The inmate must have a verifiable

documented drug abuse problem.

(2) The inmate must have no serious

mental impairment which would

substantially interfere with or preclude

full participation in the program.

(3) The inmate must sign an

agreement acknowledging his/her

program responsibility.

(4) Ordinarily, the inmate must be

within thirty-six months of release.

(5) The security level of the

residential program institution must be

appropriate for the inmate.

(b) Application/Referral/Placement.

Participation in the residential drug

abuse treatment program is voluntary.

An inmate may be referred for treatment

by unit or drug treatment staff or apply

for the program by submitting a request

to a staff member (ordinarily, a member

of the inmate’s unit team or the drug

abuse treatment coordinator). The

decision on placement is made by the

drug abuse treatment coordinator.

(c) Completion. Completion of the

residential drug abuse treatment

program requires attendance and

participation in scheduled individual

and group activities and a passing grade

on examinations covering each separate

subject module of the program. An

inmate who fails an examination on any

subject module ordinarily shall be

allowed to retest one time. A certificate

of achievement will be awarded to all

who successfully complete the program.

A copy of this certificate will be

forwarded to the unit team for

placement in the inmate’s central file.

(d) Withdrawal/expulsion. (1) An

inmate may withdraw voluntarily from

the program.

(2) The drug abuse treatment

coordinator may remove an inmate from

the program based upon disruptive

behavior related to the program.

Ordinarily, staff shall provide the

inmate with at least one warning prior

to removal. An inmate may not

ordinarily be removed immediately

without warning unless the inmate,

pursuant to an incident report, is found

by the DHO to have:

(i) Used or possessed alcohol or drugs;

(ii) Been violent or threatened

violence against staff or another inmate;

or

(iii) Committed a 100 level prohibited

act.

(3) Withdrawal or removal from the

residential program may result in the

inmate’s being returned to his/her prior

institution (when the inmate had been

specifically transferred for the purpose

of program participation).

8. Newly designated § 550.57 is

revised to read as follows:

§ 550.57 Incentives for residential drug

abuse treatment program participation.

(a) An inmate may receive incentives

for his or her satisfactory involvement

in the residential program. These

incentives may include, but are not

limited to, the following.

(1) Limited financial awards, based

upon the inmate’s achievement/

completion of program phases.

(2) Consideration for the maximum

period of time (currently 180 days) in a

Community Corrections Center

placement, provided the inmate is

otherwise eligible for this designation.

(3) Local institution incentives such

as preferred living quarters or special

recognition privileges.

(4) If eligible under § 550.58,

consideration for early release.

(b) An inmate must meet his/her

financial program responsibility

obligations (see 28 CFR part 545) prior

to being able to receive an incentive for

his/her residential program

participation.

(c) Withdrawal or removal from the

residential program may result in the

loss of incentives previously achieved.

§ 550.58 [Redesignated as § 550.59]

9. Section 550.58 is redesignated as

§ 550.59 and revised to read as follows:

§ 550.59 Transitional drug treatment

services.

Transitional treatment programming

is required for all inmates completing an

institution’s residential treatment

program. Transitional treatment

includes treatment provided to inmates

who, upon completing the residential

program, return to the general

population of that or another institution

or who are transferred to a communitybased program. An inmate’s refusal to

participate in this program is considered

a program failure and disqualifies the

inmate for any additional incentives

consideration, and may result in the

inmate’s redesignation.

(a) An inmate who successfully

completes a residential drug abuse

program and who participates in

transitional treatment programming at

an institution is required to participate

in such programming for a minimum of

one hour per month.

(b) An inmate who successfully

completes a residential drug abuse

program and who, based on eligibility,

is transferred to a Community

Corrections Center (CCC), is required to

participate in a community-based

treatment program, in addition to the

required employment and other

program activities of the CCC. The

inmate’s failure to meet the

requirements of treatment may result in

the inmate’s being returned to the

institution for refusing a program

assignment.

(c) An inmate with a documented

drug abuse problem but who did not

choose to volunteer for the residential

drug abuse program may be required to

participate in transitional services as a

condition of participation in a

community-based program with the

approval of the transitional services

manager.
Federal Register / Vol. 60, No. 101 / Thursday, May 25, 1995 / Rules and Regulations 27695

10. A new § 550.58 is added to read

as follows:

§ 550.58 Consideration for early release.

An inmate who completes a

residential drug abuse treatment

program during his or her current

commitment may be eligible for early

release by a period not to exceed 12

months, in accordance with paragraph

(a) of this section, unless the inmate is

an INS detainee, a pretrial inmate, a

contractual boarder (for example, a D.C.,

State, or military inmate), or eligible for

parole, or unless the inmate’s current

offense is determined to be a crime of

violence as defined in 18 U.S.C.

924(c)(3), or unless the inmate has a

prior federal and/or state conviction for

homicide, forcible rape, robbery, or

aggravated assault.

(a) Eligibility. (1) An inmate who had

successfully completed a Bureau of

Prisons residential drug abuse treatment

program before October 1, 1989 is

otherwise eligible if:

(i) Staff confirm that the completed

program matches the treatment required

by statute;

(ii) The inmate signs an agreement

acknowledging his/her program

responsibility;

(iii) The inmate completes a refresher

treatment program and all applicable

transitional services programs; and

(iv) Since completion of the program,

the inmate has not been found to have

committed a 100 level prohibited act

and has not been found to have

committed a prohibited act involving

alcohol or drugs.

(2) An inmate who has successfully

completed a Bureau of Prisons

residential drug abuse treatment

program on or after October 1, 1989 is

otherwise eligible if:

(i) The inmate completes all

applicable transitional services

programs; and

(ii) Since completion of the program,

the inmate has not been found to have

committed a 100 level prohibited act

and has not been found to have

committed a prohibited act involving

alcohol or drugs.

(b) Application. (1) Inmates currently

enrolled. Eligible inmates currently

enrolled in a residential drug abuse

treatment program shall automatically

be considered for early release.

(2) Inmates who had previously

completed program requirements.

Eligible inmates who have previously

completed a residential drug abuse

treatment program (or which matches

the treatment required by statute) must

notify the institution’s drug abuse

program coordinator via a Request to

Staff in order to be considered for early

release.

(c) Length of reduction. (1) Except as

specified in paragraphs (c)(2) and (3) of

this section, an inmate who is approved

for early release may receive a reduction

of up to 12 months.

(2) If the inmate has less than 12

months to serve after completion of all

required transitional services, the

amount of reduction may not exceed the

amount of time left on service of

sentence.

(3) If, based upon a disciplinary

finding or based on program needs (for

example, the inmate has not established

an adequate release plan), the

Community Corrections Regional

Administrator may retard or disallow

any portion of the maximum 12 months

for an inmate in a community-based

program.

11. Section 550.60 is added to read as

follows:

§ 550.60 Inmate appeals.

(a) Administrative remedy procedures

for the formal review of a complaint

relating to any aspect of an inmate’s

confinement (including the operation of

the drug abuse treatment programs) are

contained in 28 CFR 542, subpart B.

(b) In order to expedite staff response,

an inmate who has previously been

found to be eligible for early release

must, when filing an administrative

remedy request pursuant to 28 CFR 542,

subpart B on an action which would

result in the inmate’s loss of early

release eligibility, indicate in the first

sentence of the request that the request

affects the inmate’s early release.

[FR Doc. 95–12802 Filed 5–24–95; 8:45 am]

BILLING CODE 4410–05–P

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 110

[CGD05–93–103]

RIN 2115–AA98

Anchorage Grounds; Spa Creek,

Annapolis, MD

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

SUMMARY: The Coast Guard is

consolidating Anchorages A and B in

Spa Creek Anchorage in Annapolis

Harbor, Md. into one anchorage. This

action is necessary because the City of

Annapolis has experienced difficulty

enforcing safe boating operations within

the separate anchorages. Consolidation

of the two anchorages tightens control

over the use and access to the composite

anchorage, thereby increasing the

efficiency of mooring operations and

vessel safety.

EFFECTIVE DATE: This is effective June

26, 1995.

FOR FURTHER INFORMATION CONTACT:

LCDR Tom Flynn (804) 398–6690.

SUPPLEMENTARY INFORMATION: This

action follows completion of an Army

Corps of Engineers study of the

Annapolis Harbor conducted in

December 1990, under the authority of

Section 4(i) of the Water Resources

Development Act of 1988, Public Law

100–676. The Corps of Engineers’ study

recommended a realignment of the

channel in Annapolis Harbor by

nonstructural, nondredging measures, in

order to promote more efficient mooring

operations in the harbor. Recognizing

the desirability of accommodating

existing users, increasing harbor safety

by making mooring operations more

efficient, and doing so in a cost effective

manner, the study determined that the

existing anchorage configuration should

be revised by consolidating anchorages

A and B, in Spa Creek, Annapolis, MD,

into a single anchorage. The City of

Annapolis, MD and asked the Coast

Guard to initiate the process for

effecting a consolidation. Pursuant to

this request, the Coast Guard published

a Notice of Proposed Rulemaking

concerning this section in the Federal

Register (58 FR 57769; October 27,

1993). The Commander, Fifth Coast

Guard District, also published the

proposal in Local Notice to Mariners

45–93 dated November 9, 1993. Each

notice allowed interested persons to

submit comments through December 13,

1993. Total comment on the rule

consisted of one letter, the substance of

which was beyond the scope of this

rulemaking and contained no

constructive recommendations. The

comment was considered, discussed

and forwarded to the City of Annapolis.

There are no substantive differences

between the proposed rule and the final

rule.

Drafting Information

The drafters of this rule are LCDR

Tom Flynn, project officer, Fifth Coast

Guard District, Aids to Navigation and

Waterways Management Branch and

LCDR Bill Shelton, project attorney,

Fifth Coast Guard District Legal Office.

Regulatory Evaluation

This rule is not a significant

regulatory action under section 3(f) of

Executive Order 12866 and does into

require an assessment of potential costs