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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51272 Federal Register / Vol. 86, No. 176 / Wednesday, September 15, 2021 / Rules and Regulations 

regulation to include findings of the 

CDC after a hearing as conclusive 

evidence that the prisoner violated the 

rules of the institution. With more and 

more prisoners being placed in RRC’s 

before their parole dates, it is critical 

that the Commission be able to rely on 

the CDC’s findings to promote the 

smooth transition to the community or 

to pull back an inmate who has 

demonstrated that he or she is not ready 

to be released to the community without 

requiring a second hearing by the DHO 

or a fully contested disciplinary hearing 

conducted by the U.S. Parole 

Commission. 

The Parole 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 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] 

■ 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. Amend § 2.34 by revising 

paragraphs (a) and (c) to read as follows: 

§ 2.34 Rescission of parole. 

(a) When an effective date of parole 

has been set by the Commission, release 

on that date is conditioned upon 

continued satisfactory conduct by the 

prisoner. If a prisoner granted such a 

date has been found in violation of 

institution rules by a Discipline Hearing 

Officer, or the Center Disciplinary 

Committee, or is alleged to have 

committed a new criminal act at any 

time prior to the delivery of the 

certificate of parole, the Commissioner 

shall be advised promptly of such 

information. The prisoner shall not be 

released until the institution has been 

notified that no change has been made 

in the Commission’s order to parole. 

Following receipt of such information, 

the Commissioner may reopen the case 

and retard the parole date for up to 90 

days without a hearing, or schedule a 

rescission hearing under this section on 

the next available docket at the 

institution or on the first docket 

following return to a federal institution 

from a community corrections center or 

a state or local halfway house. 

* * * * * 

(c) A hearing before a Discipline 

Hearing Officer, or the Center 

Disciplinary Committee, resulting in a 

finding that the prisoner has committed 

a violation of disciplinary rules may be 

relied upon by the Commission as 

conclusive evidence of institutional 

misconduct. However, the prisoner will 

be afforded an opportunity to explain 

any mitigating circumstances, and to 

present documentary evidence in 

mitigation of the misconduct at the 

rescission hearing. 

* * * * * 

Patricia K. Cushwa, 

Chairman (Acting), U.S. Parole Commission. 

[FR Doc. 2021–19885 Filed 9–14–21; 8:45 am] 

BILLING CODE 4410–31–P 

DEPARTMENT OF JUSTICE 

Parole Commission 

28 CFR Part 2 

[Docket No. USPC–2021–05] 

RIN 1104–AA10 

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: Final rule. 

SUMMARY: The United States Parole 

Commission is adopting a final rule to 

conform with the District of Columbia 

Council’s amendment to medical and 

geriatric parole law which removed an 

exception that excluded prisoners 

convicted of certain violent offenses 

from medical parole consideration. 

DATES: Effective September 15, 2021. 

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: 

Background: The U.S. Parole 

Commission is responsible for medical 

parole release decisions for District of 


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