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[Federal Register Volume 86, Number 156 (Tuesday, August 17, 2021)]
[Rules and Regulations]
[Pages 45860-45861]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-16448]

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DEPARTMENT OF JUSTICE

Parole Commission

28 CFR Part 2

[Docket No. USPC-2021-02]

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 permit a single commissioner to reopen a DC Code case 
and retard the parole effective date for up to 120 days when the U.S. 
Parole Commission receives

[[Page 45861]]

information that the prisoner has committed new disciplinary 
infractions.

DATES: This regulation is effective August 17, 2021. Comments due on or 
before October 18, 2021.

ADDRESSES: Submit your comments, identified by docket identification 
number USPC-2021-02 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: Parole Commission is publishing an interim 
rule with a request for comments which would permit a single 
commissioner to reopen the case of a parole eligible DC Code offender 
and retard the parole effective date for up to 120 days when the 
Commission receives information that the prisoner has committed new 
disciplinary infractions. Currently, under 28 CFR 2.86(b), two 
commissioner votes are needed to take this action. One commissioner can 
already reopen and retard a case for up to 120 days without a hearing 
for release planning purposes, i.e., to develop a release plan, or 
obtain placement in a Residential Re-entry Center, and changing the 
procedure to one commissioner is consistent with the voting rules for 
U.S. Code sentenced prisoners. This action, as with other decisions to 
retard a parole date by a limited period of time without conducting a 
hearing, allows the Commission the flexibility to take prompt action to 
impose a short sanction for minor misconduct, but conserve the decision 
to release the prisoner on parole. With many prisoners transitioning to 
the community through Residential Re-entry Centers earlier and more 
frequently, there is a benefit to permitting one commissioner to make 
the decision to sanction misconduct on the record with minimal 
disruption to the release planning process.
    The Commission is promulgating this rule as an interim rule and is 
providing a 60-day period for public comment. The amended 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--[REVISED]

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.  2.86 (b) to read as follows:

Sec.  2.86  Release on parole; rescission for misconduct.

* * * * *
    (b) The Commission may reconsider any grant of parole prior to the 
prisoner's actual release on parole, and may advance or retard a parole 
effective date or rescind a parole date previously granted based upon 
the receipt of any new and significant information concerning the 
prisoner including disciplinary infractions. A Commissioner may retard 
a parole date for disciplinary infractions (e.g., to permit the use of 
graduated sanctions) for up to 120 days without a hearing, in addition 
to any retardation ordered under Sec.  2.83(d).
* * * * *

Patricia K. Cushwa,
Chairman (Acting), U.S. Parole Commission.
[FR Doc. 2021-16448 Filed 8-16-21; 8:45 am]
BILLING CODE 4410-31-P
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