[Federal Register Volume 86, Number 156 (Tuesday, August 17, 2021)]
[Rules and Regulations]
[Pages 45861-45862]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-16447]


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DEPARTMENT OF JUSTICE

Parole Commission

28 CFR Part 2

[Docket No. USPC-2021-01]


Paroling, Recommitting, and Supervising Federal Prisoners: 
Prisoners Serving Sentences Under the United States and District of 
Columbia Codes

AGENCY: United States Parole Commission, Justice.

ACTION: Interim rule with request for comments.

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SUMMARY: The United States Parole Commission is revising its 
regulations to

[[Page 45862]]

eliminate a policy of imposing the maximum permissible term of 
supervised release as a consequence of the revocation of an earlier 
supervised release term for offenders sentenced under the D.C. Code.

DATES: This regulation is effective August 17, 2021. Comments due on or 
before September 16, 2021.

ADDRESSES: Submit your comments, identified by docket identification 
number USPC-2021-01 by one of the following methods:
    1. Federal eRulemaking Portal: http://www.regulations.gov. Follow 
the online instructions for submitting comments.
    2. Mail: Office of the General Counsel, U.S. Parole Commission, 
attention: USPC Rules Group, 90 K Street NE, Washington, DC 20530.

FOR FURTHER INFORMATION CONTACT: Helen H. Krapels, General Counsel, 
U.S. Parole Commission, 90 K Street NE, Third Floor, Washington, DC 
20530, telephone (202) 346-7030. Questions about this publication are 
welcome, but inquiries concerning individual cases cannot be answered 
over the telephone.

SUPPLEMENTARY INFORMATION: Since 2000, the Commission has maintained a 
general policy at 28 CFR 2.218(e), that it would impose the maximum 
permissible term of supervised release as a consequence of the 
revocation of an earlier supervised release term for offenders 
sentenced under the D.C. Code. The policy was based on the judgment 
that, for most cases, a supervised release violator has, by virtue of 
committing violations that are serious enough to justify revocation, 
shown the need for further supervision to the limits allowed by law.
    Based upon its experience with the D.C. Code sentenced supervised 
releasees for over 20 years, the Commission has determined that this 
policy should be repealed. Under the reviewed regulation the Commission 
will retain the discretion to impose the maximum permissible term when 
it finds that the offender would benefit from a lengthier period of 
supervision, but there will no longer be a policy guiding that 
decision.
    The Commission is promulgating this rule as an interim rule and is 
providing a 30-day period for public comment. The revised rule will 
take effect upon publication in the Federal Register.

Executive Orders 12866 and 13563

    This regulation has been drafted and reviewed in accordance with 
Executive Order 12866, ``Regulation Planning and Review,'' section 
1(b), Principles of Regulation, and in accordance with Executive Order 
13565, ``Improving Regulation and Regulatory Review,'' section 1(b), 
General Principles of Regulation. The Commission has determined that 
this rule is not a ``significant regulatory action'' under Executive 
Order 12866, section 3(f), Regulatory Planning and Review, and 
accordingly this rule has not been reviewed by the Office of Management 
and Budget.

Executive Order 13132

    This rule will not have substantial direct effects on the States, 
on the relationship between the national government and the States, or 
on the distribution of power and responsibilities among the various 
levels of government. Under Executive Order 13132, this rule does not 
have sufficient federalism implications requiring a Federalism 
Assessment.

Regulatory Flexibility Act

    This rule 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).

Unfunded Mandates Reform Act of 1995

    This rule will not cause State, local, or tribal governments, or 
the private sector, to spend $100,000,000 or more in any one year, and 
they will not significantly or uniquely affect small governments. No 
action under the Unfunded Mandates Reform Act of 1995 is necessary.

Small Business Regulatory Enforcement Fairness Act of 1996 (Subtitle E-
Congressional Review Act)

    This rule is not a ``major rule'' as defined by Section 804 of the 
Small Business Regulatory Enforcement Fairness Act of 1996 Subtitle E-
Congressional Review Act, now codified at 5 U.S.C. 804(2). This rule 
will not result in an annual effect on the economy of $100,000,000 or 
more; a major increase in costs or prices; or significant adverse 
effects on the ability of United States-based companies to compete with 
foreign-based companies. Moreover, this is a rule of agency practice or 
procedure that does not substantially affect the rights or obligations 
of non-agency parties, and does not come within the meaning of the term 
``rule'' as used in Section 804(3)(C), now codified at 5 U.S.C. 
804(3)(C). Therefore, the reporting requirement of 5 U.S.C. 801 does 
not apply.

List of Subjects in 28 CFR Part 2

    Administrative practice and procedure, Prisoners, Probation and 
Parole.

The Interim Rule

    Accordingly, the U. S. Parole Commission amends 28 CFR part 2 as 
follows:

PART 2--[AMENDED]

0
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).


0
2. Revise Sec.  2.218(e) to read as follows:


Sec.  2.218  Revocation decisions.

* * * * *
    (e) If the Commission imposes a new term of imprisonment that is 
equal to the maximum term of imprisonment authorized by law or, in the 
case of a subsequent revocation, that uses up the remainder of the 
maximum term of imprisonment by law, the Commission may not impose a 
further term of supervised release.
* * * * *

Patricia K. Cushwa,
Chairman (Acting), U.S. Parole Commission.
[FR Doc. 2021-16447 Filed 8-16-21; 8:45 am]
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