51268 Federal Register / Vol. 86, No. 176 / Wednesday, September 15, 2021 / Rules and Regulations 

any bulk cargo door seals having p/n 

D5237200220000 or D5237200220200, as 

those actions are now required by paragraph 

(1) of EASA AD 2021–0049. 

(3) Where paragraph (4) of EASA AD 2021– 

0049 specifies amending the aircraft flight 

manual (AFM) and ‘‘operating that aeroplane 

accordingly,’’ this AD does not include a 

requirement for ‘‘operating that aeroplane 

accordingly’’ as that action is already 

required by existing FAA operating 

regulations. 

(4) Paragraph (4) of EASA AD 2021–0049 

specifies amending ‘‘the Aircraft Flight 

Manual (AFM) of the aeroplane,’’ however, 

this AD requires amending ‘‘the existing 

AFM and applicable corresponding 

operational procedures.’’ Inserting a copy of 

EASA AD 2021–0049 into the existing AFM 

and applicable corresponding operational 

procedures is an acceptable method to 

comply with this requirement. 

(5) The ‘‘Remarks’’ section of EASA AD 

2021–0049 does not apply to this AD. 

(i) Terminating Action for AD 2020–16–01 

Accomplishing the terminating action on 

an airplane, as specified in paragraph (6) of 

EASA AD 2021–0049, for the affected parts 

defined in EASA AD 2021–0049 terminates 

all requirements of AD 2020–16–01 for 

forward and aft cargo door seals having part 

number (p/n) D5237106020000, 

D5237106020200, D5237106020400, 

D5237300120000, or D5237300120200; and 

bulk cargo door seals having p/n 

D5237200220000 or D5237200220200 only. 

(j) Other FAA AD Provisions 

The following provisions also apply to this 

AD: 

(1) Alternative Methods of Compliance 

(AMOCs): The Manager, Large Aircraft 

Section, International Validation Branch, 

FAA, has the authority to approve AMOCs 

for this AD, if requested using the procedures 

found in 14 CFR 39.19. In accordance with 

14 CFR 39.19, send your request to your 

principal inspector or responsible Flight 

Standards Office, as appropriate. If sending 

information directly to the Large Aircraft 

Section, International Validation Branch, 

send it to the attention of the person 

identified in paragraph (k) of this AD. 

Information may be emailed to: 9-AVS-AIR730-AMOC@faa.gov. Before using any 

approved AMOC, notify your appropriate 

principal inspector, or lacking a principal 

inspector, the manager of the responsible 

Flight Standards Office. 

(2) Contacting the Manufacturer: For any 

requirement in this AD to obtain instructions 

from a manufacturer, the instructions must 

be accomplished using a method approved 

by the Manager, Large Aircraft Section, 

International Validation Branch, FAA; or 

EASA; or Airbus SAS’s EASA Design 

Organization Approval (DOA). If approved by 

the DOA, the approval must include the 

DOA-authorized signature. 

(3) Required for Compliance (RC): For any 

service information referenced in EASA AD 

2021–0049 that contains RC procedures and 

tests: Except as required by paragraph (j)(2) 

of this AD, RC procedures and tests must be 

done to comply with this AD; any procedures 

or tests that are not identified as RC are 

recommended. Those procedures and tests 

that are not identified as RC may be deviated 

from using accepted methods in accordance 

with the operator’s maintenance or 

inspection program without obtaining 

approval of an AMOC, provided the 

procedures and tests identified as RC can be 

done and the airplane can be put back in an 

airworthy condition. Any substitutions or 

changes to procedures or tests identified as 

RC require approval of an AMOC. 

(k) Related Information 

For more information about this AD, 

contact Sanjay Ralhan, Aerospace Engineer, 

Large Aircraft Section, International 

Validation Branch, FAA, 2200 South 216th 

St., Des Moines, WA 98198; telephone and 

fax 206–231–3223; email sanjay.ralhan@

faa.gov. 

(l) Material Incorporated by Reference 

(1) The Director of the Federal Register 

approved the incorporation by reference 

(IBR) of the service information listed in this 

paragraph under 5 U.S.C. 552(a) and 1 CFR 

part 51. 

(2) You must use this service information 

as applicable to do the actions required by 

this AD, unless this AD specifies otherwise. 

(i) European Union Aviation Safety Agency 

(EASA) AD 2021–0049, dated February 18, 

2021. 

(ii) [Reserved] 

(3) For EASA AD 2021–0049, contact 

EASA, Konrad-Adenauer-Ufer 3, 50668 

Cologne, Germany; telephone +49 221 8999 

000; email ADs@easa.europa.eu; internet 

www.easa.europa.eu. You may find this 

EASA AD on the EASA website at https://

ad.easa.europa.eu. 

(4) You may view this material at the FAA, 

Airworthiness Products Section, Operational 

Safety Branch, 2200 South 216th St., Des 

Moines, WA. For information on the 

availability of this material at the FAA, call 

206–231–3195. This material may be found 

in the AD docket on the internet at https:// 

www.regulations.gov by searching for and 

locating Docket No. FAA–2021–0368. 

(5) You may view this material that is 

incorporated by reference at the National 

Archives and Records Administration 

(NARA). For information on the availability 

of this material at NARA, email 

fr.inspection@nara.gov, or go to: https://

www.archives.gov/federal-register/cfr/ibrlocations.html. 

Issued on August 19, 2021. 

Gaetano A. Sciortino, 

Deputy Director for Strategic Initiatives, 

Compliance & Airworthiness Division, 

Aircraft Certification Service. 

[FR Doc. 2021–19816 Filed 9–14–21; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2021–0698; Project 

Identifier MCAI–2021–00284–T; Amendment 

39–21703; AD 2021–18–02] 

RIN 2120–AA64 

Airworthiness Directives; Fokker 

Services B.V. Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule; request for 

comments. 

SUMMARY: The FAA is adopting a new 

airworthiness directive (AD) for certain 

Fokker Services B.V. Model F28 Mark 

0070 and Mark 0100 airplanes. This AD 

was prompted by a report of a crack 

found on the forward pressure bulkhead 

web plate, at the edge of a bonded 

doubler. This AD requires a one-time 

inspection of the forward bulkhead for 

cracking, repair if necessary, and a 

report of inspection results, as specified 

in a European Union Aviation Safety 

Agency (EASA) AD, which is 

incorporated by reference. The FAA is 

issuing this AD to address the unsafe 

condition on these products. 

DATES: This AD becomes effective 

September 30, 2021. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain publication listed in this AD 

as of September 30, 2021. 

The FAA must receive comments on 

this AD by November 1, 2021. 

ADDRESSES: You may send comments, 

using the procedures found in 14 CFR 

11.43 and 11.45, by any of the following 

methods: 

• Federal eRulemaking Portal: Go to 

https://www.regulations.gov. Follow the 

instructions for submitting comments. 

• Fax: 202–493–2251. 

• Mail: U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue SE, 

Washington, DC 20590. 

• Hand Delivery: Deliver to Mail 

address above between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. 

For the material incorporated by 

reference (IBR) in this AD, contact 

EASA, Konrad-Adenauer-Ufer 3, 50668 

Cologne, Germany; telephone +49 221 

89990 1000; email ADs@easa.europa.eu; 

internet www.easa.europa.eu. You may 

find this IBR material on the EASA 

website at https://ad.easa.europa.eu. 

You may view this IBR material at the 


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Federal Register / Vol. 86, No. 176 / Wednesday, September 15, 2021 / Rules and Regulations 51269 

FAA, Transport Standards Branch, 2200 

South 216th St., Des Moines, WA. For 

information on the availability of this 

material at the FAA, call 206–231–3195. 

It is also available in the AD docket at 

https://www.regulations.gov by 

searching for and locating Docket No. 

FAA–2021–0698. 

Examining the AD Docket 

You may examine the AD docket at 

https://www.regulations.gov by 

searching for and locating Docket No. 

FAA–2021–0698; or in person at Docket 

Operations between 9 a.m. and 5 p.m., 

Monday through Friday, except Federal 

holidays. The AD docket contains this 

AD, any comments received, and other 

information. The street address for 

Docket Operations is listed above. 

FOR FURTHER INFORMATION CONTACT: HoJoon Lim, Aerospace Engineer, Large 

Aircraft Section, International 

Validation Branch, FAA, 2200 South 

216th St., Des Moines, WA 98198; 

telephone and fax 206–231–3405; email 

ho-joon.lim@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

EASA, which is the Technical Agent 

for the Member States of the European 

Union, has issued EASA AD 2021–0064 

dated March 5, 2021, to correct an 

unsafe condition for certain Fokker 

Services B.V. Model F28 Mark 0070 and 

Mark 0100 airplanes. 

This AD was prompted by a report of 

a crack found on the forward pressure 

bulkhead web plate, at the edge of a 

bonded doubler of a Model F28 Mark 

0070. The airplane had accumulated 

approximately 37,000 total flight cycles 

at the time of the finding. The threshold 

for the applicable Airworthiness 

Limitations Section (ALS) inspection 

task is currently 60,000 flight cycles. 

The FAA is issuing this AD to address 

cracking of the forward pressure 

bulkhead, which could result in 

reduced structural integrity and 

consequent rapid decompression of the 

airplane. See the MCAI for additional 

background information. 

Related Service Information Under 1 

CFR Part 51 

EASA AD 2021–0064 describes 

procedures for a one-time detailed 

inspection of the forward bulkhead for 

cracking, a report of inspection results, 

and repair of any crack found. This 

material is reasonably available because 

the interested parties have access to it 

through their normal course of business 

or by the means identified in the 

ADDRESSES section. 

FAA’s Determination 

This product has been approved by 

the aviation authority of another 

country, and is approved for operation 

in the United States. Pursuant to the 

FAA’s bilateral agreement with the State 

of Design Authority, the FAA has been 

notified of the unsafe condition 

described in the MCAI referenced 

above. The FAA is issuing this AD 

because the FAA evaluated all pertinent 

information and determined the unsafe 

condition exists and is likely to exist or 

develop on other products of the same 

type design. 

Requirements of This AD 

This AD requires accomplishing the 

actions specified in EASA AD 2021– 

0064 described previously, as 

incorporated by reference, except for 

any differences identified as exceptions 

in the regulatory text of this AD. 

Explanation of Required Compliance 

Information 

In the FAA’s ongoing efforts to 

improve the efficiency of the AD 

process, the FAA developed a process to 

use certain civil aviation authority 

(CAA) ADs as the primary source of 

information for compliance with 

requirements for corresponding FAA 

ADs. The FAA has been coordinating 

this process with manufacturers and 

CAAs. As a result, EASA AD 2021–0064 

is incorporated by reference in this AD. 

This AD, therefore, requires compliance 

with EASA AD 2021–0064 in its 

entirety, through that incorporation, 

except for any differences identified as 

exceptions in the regulatory text of this 

AD. Using common terms that are the 

same as the heading of a particular 

section in EASA AD 2021–0064 does 

not mean that operators need comply 

only with that section. For example, 

where the AD requirement refers to ‘‘all 

required actions and compliance times,’’ 

compliance with this AD requirement is 

not limited to the section titled 

‘‘Required Action(s) and Compliance 

Time(s)’’ in EASA AD 2021–0064. 

Service information specified in EASA 

AD 2021–0064 that is required for 

compliance with it is available at 

https://www.regulations.gov by 

searching for and locating Docket No. 

FAA–2021–0698. 

FAA’s Justification and Determination 

of the Effective Date 

There are currently no domestic 

operators of these products. Therefore, 

the FAA finds that notice and 

opportunity for prior public comment 

are unnecessary and that good cause 

exists for making this amendment 

effective in less than 30 days. 

Comments Invited 

The FAA invites you to send any 

written relevant data, views, or 

arguments about this AD. Send your 

comments to an address listed under 

ADDRESSES. Include ‘‘Docket No. FAA– 

2021–0698; Project Identifier MCAI– 

2021–00284–T’’ at the beginning of your 

comments. The most helpful comments 

reference a specific portion of the final 

rule, explain the reason for any 

recommended change, and include 

supporting data. The FAA will consider 

all comments received by the closing 

date and may amend this final rule 

because of those comments. 

Except for Confidential Business 

Information (CBI) as described in the 

following paragraph, and other 

information as described in 14 CFR 

11.35, the FAA will post all comments 

received, without change, to https://

www.regulations.gov, including any 

personal information you provide. The 

agency will also post a report 

summarizing each substantive verbal 

contact received about this final rule. 

Confidential Business Information 

CBI is commercial or financial 

information that is both customarily and 

actually treated as private by its owner. 

Under the Freedom of Information Act 

(FOIA) (5 U.S.C. 552), CBI is exempt 

from public disclosure. If your 

comments responsive to this AD contain 

commercial or financial information 

that is customarily treated as private, 

that you actually treat as private, and 

that is relevant or responsive to this AD, 

it is important that you clearly designate 

the submitted comments as CBI. Please 

mark each page of your submission 

containing CBI as ‘‘PROPIN.’’ The FAA 

will treat such marked submissions as 

confidential under the FOIA, and they 

will not be placed in the public docket 

of this AD. Submissions containing CBI 

should be sent to Ho-Joon Lim, 

Aerospace Engineer, Large Aircraft 

Section, International Validation 

Branch, FAA, 2200 South 216th St., Des 

Moines, WA 98198; telephone and fax 

206–231–3405; email ho-joon.lim@

faa.gov. Any commentary that the FAA 

receives which is not specifically 

designated as CBI will be placed in the 

public docket for this rulemaking. 

Regulatory Flexibility Act (RFA) 

The requirements of the RFA do not 

apply when an agency finds good cause 

pursuant to 5 U.S.C. 553 to adopt a rule 

without prior notice and comment. 

Because the FAA has determined that it 

has good cause to adopt this rule 

without notice and comment, RFA 

analysis is not required. 


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51270 Federal Register / Vol. 86, No. 176 / Wednesday, September 15, 2021 / Rules and Regulations 

Interim Action 

The FAA considers this AD interim 

action. If final action is later identified, 

the FAA may consider further 

rulemaking at that time. 

Costs of Compliance 

Currently, there are no affected U.S.- 

registered airplanes. For any affected 

airplane that may be imported and 

placed on the U.S. Register in the future, 

the FAA provides the following cost 

estimates to comply with this AD: 

ESTIMATED COSTS FOR REQUIRED ACTIONS * 

Labor cost Parts cost Cost per 

product 

8 work-hours × $85 per hour = $255 ...................................................................................................................... $0 $680 

* Table does not include estimated costs for reporting. 

The FAA estimates that it takes about 

1 work-hour per product to comply with 

the reporting requirement in this AD. 

The average labor rate is $85 per hour. 

Based on these figures, the FAA 

estimates the cost of reporting the 

inspection results on U.S. operators to 

be $85 per product. 

The FAA has received no definitive 

data that would enable the agency to 

provide cost estimates for the oncondition actions specified in this AD. 

Paperwork Reduction Act 

A federal agency may not conduct or 

sponsor, and a person is not required to 

respond to, nor shall a person be subject 

to penalty for failure to comply with a 

collection of information subject to the 

requirements of the Paperwork 

Reduction Act unless that collection of 

information displays a current valid 

OMB control number. The control 

number for the collection of information 

required by this AD is 2120–0056. The 

paperwork cost associated with this AD 

has been detailed in the Costs of 

Compliance section of this document 

and includes time for reviewing 

instructions, as well as completing and 

reviewing the collection of information. 

Therefore, all reporting associated with 

this AD is mandatory. Comments 

concerning the accuracy of this burden 

and suggestions for reducing the burden 

should be directed to Information 

Collection Clearance Officer, Federal 

Aviation Administration, 10101 

Hillwood Parkway, Fort Worth, TX 

76177–1524. 

Authority for This Rulemaking 

Title 49 of the United States Code 

specifies the FAA’s authority to issue 

rules on aviation safety. Subtitle I, 

section 106, describes the authority of 

the FAA Administrator. Subtitle VII: 

Aviation Programs, describes in more 

detail the scope of the Agency’s 

authority. 

The FAA is issuing this rulemaking 

under the authority described in 

Subtitle VII, Part A, Subpart III, Section 

44701: General requirements. Under 

that section, Congress charges the FAA 

with promoting safe flight of civil 

aircraft in air commerce by prescribing 

regulations for practices, methods, and 

procedures the Administrator finds 

necessary for safety in air commerce. 

This regulation is within the scope of 

that authority because it addresses an 

unsafe condition that is likely to exist or 

develop on products identified in this 

rulemaking action. 

Regulatory Findings 

The FAA determined that this AD 

will not have federalism implications 

under Executive Order 13132. This AD 

will not have a substantial direct effect 

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. 

For the reasons discussed above, I 

certify that this AD: 

(1) Is not a ‘‘significant regulatory 

action’’ under Executive Order 12866, 

and 

(2) Will not affect intrastate aviation 

in Alaska. 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Incorporation by reference, 

Safety. 

Adoption of the Amendment 

Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA amends 14 CFR part 39 as 

follows: 

PART 39—AIRWORTHINESS 

DIRECTIVES 

■ 1. The authority citation for part 39 

continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40113, 44701. 

§ 39.13 [Amended] 

■ 2. The FAA amends § 39.13 by adding 

the following new airworthiness 

directive: 

2021–18–02 Fokker Services B.V.: 

Amendment 39–21703; Docket No. 

FAA–2021–0698; Project Identifier 

MCAI–2021–00284–T. 

(a) Effective Date 

This airworthiness directive (AD) becomes 

effective September 30, 2021. 

(b) Affected ADs 

None. 

(c) Applicability 

This AD applies to Fokker Services B.V. 

Model F28 Mark 0070 and Mark 0100 

airplanes, certificated in any category, as 

identified in European Union Aviation Safety 

Agency (EASA) AD 2021–0064, dated March 

5, 2021. 

(d) Subject 

Air Transport Association (ATA) of 

America Code 53, Fuselage. 

(e) Reason 

This AD was prompted by a report of a 

crack found on the forward pressure 

bulkhead web plate, at the edge of a bonded 

doubler. The FAA is issuing this AD to 

address cracking of the forward pressure 

bulkhead, which could result in reduced 

structural integrity and consequent rapid 

decompression of the airplane. 

(f) Compliance 

Comply with this AD within the 

compliance times specified, unless already 

done. 

(g) Requirements 

Except as specified in paragraph (h) of this 

AD: Comply with all required actions and 

compliance times specified in, and in 

accordance with, EASA AD 2021–0064. 

(h) Exceptions to EASA AD 2021–0064 

(1) Where EASA AD 2021–0064 refers to its 

effective date, this AD requires using the 

effective date of this AD. 

(2) Paragraph (3) of EASA AD 2021–0064 

specifies to report inspection results to 

Fokker Services within a certain compliance 

time. For this AD, report inspection results 

at the applicable time specified in paragraph 

(h)(2)(i) or (ii) of this AD. 

(i) If the inspection was done on or after 

the effective date of this AD: Submit the 

report within 30 days after the inspection. 

(ii) If the inspection was done before the 

effective date of this AD: Submit the report 

within 30 days after the effective date of this 

AD. 


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Federal Register / Vol. 86, No. 176 / Wednesday, September 15, 2021 / Rules and Regulations 51271 

(3) The ‘‘Remarks’’ section of EASA AD 

2021–0064 does not apply to this AD. 

(i) Other FAA AD Provisions 

The following provisions also apply to this 

AD: 

(1) Alternative Methods of Compliance 

(AMOCs): The Manager, Large Aircraft 

Section, International Validation Branch, 

FAA, has the authority to approve AMOCs 

for this AD, if requested using the procedures 

found in 14 CFR 39.19. In accordance with 

14 CFR 39.19, send your request to your 

principal inspector or responsible Flight 

Standards Office, as appropriate. If sending 

information directly to the Large Aircraft 

Section, International Validation Branch, 

send it to the attention of the person 

identified in paragraph (j) of this AD. 

Information may be emailed to: 9-AVS-AIR730-AMOC@faa.gov. Before using any 

approved AMOC, notify your appropriate 

principal inspector, or lacking a principal 

inspector, the manager of the responsible 

Flight Standards Office. 

(2) Contacting the Manufacturer: For any 

requirement in this AD to obtain instructions 

from a manufacturer, the instructions must 

be accomplished using a method approved 

by the Manager, Large Aircraft Section, 

International Validation Branch, FAA; or 

EASA; or Fokker Services B.V.’s EASA 

Design Organization Approval (DOA). If 

approved by the DOA, the approval must 

include the DOA-authorized signature. 

(3) Paperwork Reduction Act Burden 

Statement: A federal agency may not conduct 

or sponsor, and a person is not required to 

respond to, nor shall a person be subject to 

a penalty for failure to comply with a 

collection of information subject to the 

requirements of the Paperwork Reduction 

Act unless that collection of information 

displays a current valid OMB Control 

Number. The OMB Control Number for this 

information collection is 2120–0056. Public 

reporting for this collection of information is 

estimated to be approximately 1 hour per 

response, including the time for reviewing 

instructions, searching existing data sources, 

gathering and maintaining the data needed, 

and completing and reviewing the collection 

of information. All responses to this 

collection of information are mandatory as 

required by this AD. Send comments 

regarding this burden estimate or any other 

aspect of this collection of information, 

including suggestions for reducing this 

burden to Information Collection Clearance 

Officer, Federal Aviation Administration, 

10101 Hillwood Parkway, Fort Worth, TX 

76177–1524. 

(j) Related Information 

For more information about this AD, 

contact Ho-Joon Lim, Aerospace Engineer, 

Large Aircraft Section, International 

Validation Branch, FAA, 2200 South 216th 

St., Des Moines, WA 98198; telephone and 

fax 206–231–3405; email ho-joon.lim@

faa.gov. 

(k) Material Incorporated by Reference 

(1) The Director of the Federal Register 

approved the incorporation by reference 

(IBR) of the service information listed in this 

paragraph under 5 U.S.C. 552(a) and 1 CFR 

part 51. 

(2) You must use this service information 

as applicable to do the actions required by 

this AD, unless this AD specifies otherwise. 

(i) European Union Aviation Safety Agency 

(EASA) AD 2021–0064, dated March 5, 2021. 

(ii) [Reserved] 

(3) For EASA AD 2021–0064, contact 

EASA, Konrad-Adenauer-Ufer 3, 50668 

Cologne, Germany; telephone +49 221 8999 

000; email ADs@easa.europa.eu; internet 

www.easa.europa.eu. You may find this 

EASA AD on the EASA website at https://

ad.easa.europa.eu. 

(4) You may view this material at the FAA, 

Airworthiness Products Section, Operational 

Safety Branch, 2200 South 216th St., Des 

Moines, WA. For information on the 

availability of this material at the FAA, call 

206–231–3195. This material may be found 

in the AD docket at https://

www.regulations.gov by searching for and 

locating Docket No. FAA–2021–0698. 

(5) You may view this material that is 

incorporated by reference at the National 

Archives and Records Administration 

(NARA). For information on the availability 

of this material at NARA, email 

fr.inspection@nara.gov, or go to: https://

www.archives.gov/federal-register/cfr/ibrlocations.html. 

Issued on August 18, 2021. 

Ross Landes, 

Deputy Director for Regulatory Operations, 

Compliance & Airworthiness Division, 

Aircraft Certification Service. 

[FR Doc. 2021–19817 Filed 9–14–21; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF JUSTICE 

Parole Commission 

28 CFR Part 2 

[Docket No. USPC–2021–04] 

RIN 1104–AA09 

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. 

SUMMARY: The United States Parole 

Commission is revising its regulations to 

permit findings by a Residential Reentry 

Center’s Disciplinary Committee to be 

used as conclusive evidence of prisoner 

misconduct while in a Residential 

Reentry Center. 

DATES: This regulation is effective 

September 15, 2021. Comments due on 

or before November 15, 2021. 

ADDRESSES: Submit your comments, 

identified by docket identification 

number USPC–2021–04 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: After the 

U.S. Parole Commission has granted a 

prisoner a parole effective date, but 

before the prisoner signed the parole 

certificate, if the prisoner violates the 

rules of the institution, the Parole 

Commission may reopen the case and 

schedule a rescission hearing. 28 CFR 

2.34(a). At that hearing, the Parole 

Commission may consider the report of 

the Bureau of Prisons (‘‘BOP’’) 

Disciplinary Hearing Officer (‘‘DHO’’) 

following a disciplinary hearing, that a 

prisoner has violated disciplinary rules 

as ‘‘conclusive evidence of institutional 

misconduct,’’ and does not need to 

conduct a full hearing to consider 

witnesses and evidence. 28 CFR 2.34(c). 

The disciplinary hearing conducted by 

the DHO complies with the procedural 

due process requirements established by 

the Supreme Court in Wolff v. 

McDonnell, i.e., the prisoner has notice 

of the alleged violations at least 24 

hours in advance of hearing, a statement 

of factfinding, the right to call witnesses 

and present documentary evidence. 

Thus, the Parole Commission may rely 

on the findings and conclusions of the 

DHO to take action in response to the 

information. 

For prisoners who are housed at a 

Residential Reentry Center (‘‘RRC’’) 

prior to their release and violate the 

rules, the in-person disciplinary hearing 

is conducted before the RRC’s Center 

Disciplinary Committee (‘‘CDC’’). Under 

the BOP’s Program Statement 7300.09, 

the CDC then refers its findings to the 

DHO for review, final action, and 

sanctions. Every court which has 

examined the procedures established by 

Program Statement 7300.09 has held 

that hearing procedures used by the 

CDC satisfy the procedural due process 

requirements established by the 

Supreme Court in Wolff v. McDonnell. 

Thus far, the Parole Commission has 

not taken the step to amend its 


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