67090 Federal Register / Vol. 70, No. 213 / Friday, November 4, 2005 / Rules and Regulations 

(l) Other officers or employees of the 

Department or the United States who 

are delegated the authority as provided 

in 8 CFR 2.1 to issue warrants of arrest. 

* * * * * 

Dated: October 17, 2005. 

Michael Chertoff, 

Secretary of Homeland Security. 

[FR Doc. 05–21980 Filed 11–3–05; 8:45 am] 

BILLING CODE 4410–10–P 

DEPARTMENT OF JUSTICE 

Bureau of Prisons 

28 CFR Parts 503, 542, and 543 

[BOP–1136–I] 

RIN 1120–AB36 

Bureau of Prisons Central Office, 

Regional Offices, Institutions, and Staff 

Training Centers: Removal of 

Addresses From Rules 

AGENCY: Bureau of Prisons, Justice. 

ACTION: Interim rule. 

SUMMARY: In this document, the Bureau 

of Prisons (Bureau) removes its rules 

listing the addresses of Bureau facilities 

in each of its regions. We will replace 

these rules with a short description of 

the Bureau’s structure, the address of 

the Bureau’s Central Office, and a 

reference to the Bureau’s internet 

address containing current and 

frequently updated contact information 

on Bureau facilities and Regional 

Offices. This change will enable the 

Bureau to more quickly and accurately 

provide updated contact information to 

members of the public, in light of 

frequently changing circumstances. 

DATES: This rule is effective November 

4, 2005. Please send comments on this 

rulemaking by January 3, 2006. 

ADDRESSES: Our e-mail address is 

BOPRULES@BOP.GOV. Comments 

should be submitted to the Rules Unit, 

Office of General Counsel, Bureau of 

Prisons, 320 First Street, NW., 

Washington, DC 20534. You may view 

an electronic version of this rule at 

http://www.regulations.gov. You may 

also comment via the Internet to BOP at 

BOPRULES@BOP.GOV or by using the 

http://www.regulations.gov comment 

form for this regulation. When 

submitting comments electronically you 

must include the BOP Docket No. in the 

subject box. 

FOR FURTHER INFORMATION CONTACT: 

Sarah Qureshi, Office of General 

Counsel, Bureau of Prisons, phone (202) 

307–2105. 

SUPPLEMENTARY INFORMATION: In this 

document, the Bureau of Prisons 

removes its rules listing the addresses of 

Bureau facilities in each of its regions. 

We will replace these rules with a short 

description of the Bureau’s structure, 

the address of the Bureau’s Central 

Office, and a reference to the Bureau’s 

Web site containing current and 

frequently updated contact information 

on Bureau facilities and Regional 

Offices. 

This change will enable the Bureau to 

more quickly and accurately provide 

updated contact information to 

members of the public, in light of 

frequently changing circumstances. 

Before 1990, the Bureau published lists 

of the addresses of its facilities as 

Notices in the Federal Register. On July 

23, 1990, we published the list of 

addresses as a federal rule (55 FR 

29990). We amended it in 1991 (56 FR 

31531), 1992 (57 FR 53822), 1993 (58 FR 

44428), and 1998. Frequently changing 

circumstances have made it difficult to 

quickly update the list of addresses. 

Between 1998 (the date this rule was 

last amended) and March, 2005, the 

number of Bureau facilities grew from 

93 to 113. This rule change would allow 

the Bureau to reference our Web site, 

which we can update far more quickly 

and accurately, for the most current 

addresses and other contact information 

of all Bureau facilities. 

Administrative Procedure Act 

The Administrative Procedure Act (5 

U.S.C. 553(b)(3)(B)) allows exceptions to 

notice-and-comment rulemaking ‘‘when 

the agency for good cause finds * * * 

that notice and public procedure 

thereon are impracticable, unnecessary, 

or contrary to the public interest.’’

Further, section 553(d) provides an 

exception to the usual requirement of a 

delayed effective date when an agency 

finds ‘‘good cause’’ that the rule be 

made immediately effective. 

This rulemaking is exempt from 

normal notice-and-comment procedures 

because advance notice and public 

comment in this instance is 

unnecessary. This is an administrative 

rule insignificant in impact and 

inconsequential to the public. The rule 

merely eliminates a long list of noncurrent addresses and replaces them 

with a reference to a publicly accessible 

and more accurate source. This 

rulemaking makes no change to any 

rights or responsibilities of the agency 

or any regulated entities. For the same 

reasons, the Bureau finds that ‘‘good 

cause’’ exists to make this rule effective 

upon publication. 

Nevertheless, the Bureau invites 

public comment on this interim rule. 

Executive Order 12866 

This rule falls within a category of 

actions that the Office of Management 

and Budget (OMB) has determined not 

to constitute ‘‘significant regulatory 

actions’’ under section 3(f) of Executive 

Order 12866 and, accordingly, it was 

not reviewed by OMB. 

Executive Order 13132 

This regulation will not have 

substantial direct effects on the States, 

on the relationship between the national 

government and the States, or on 

distribution of power and 

responsibilities among the various 

levels of government. Therefore, under 

Executive Order 13132, we determine 

that this rule does not have sufficient 

federalism implications to warrant the 

preparation of a Federalism Assessment. 

Regulatory Flexibility Act 

The Director of the Bureau of Prisons, 

under the Regulatory Flexibility Act (5 

U.S.C. 605(b)), reviewed this regulation 

and by approving it certifies that it will 

not have a significant economic impact 

upon a substantial number of small 

entities for the following reasons: This 

rule pertains to the correctional 

management of offenders committed to 

the custody of the Attorney General or 

the Director of the Bureau of Prisons. 

This rule will enable the Bureau to more 

quickly and accurately provide updated 

contact information to members of the 

public and its economic impact is 

limited to the Bureau’s appropriated 

funds. 

Unfunded Mandates Reform Act of 

1995 

This rule will not result in the 

expenditure by State, local and tribal 

governments, in the aggregate, or by the 

private sector, of $100,000,000 or more 

in any one year, and it will not 

significantly or uniquely affect small 

governments. Therefore, no actions were 

deemed necessary under the provisions 

of the Unfunded Mandates Reform Act 

of 1995. 

Small Business Regulatory Enforcement 

Fairness Act of 1996 

This rule is not a major rule as 

defined by § 804 of the Small Business 

Regulatory Enforcement Fairness Act of 

1996. 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 competition, employment, 

investment, productivity, innovation, or 

on the ability of United States-based 

companies to compete with foreignbased companies in domestic and 

export markets. 

Federal Register / Vol. 70, No. 213 / Friday, November 4, 2005 / Rules and Regulations 67091 

List of Subjects 

28 CFR Part 503 

Prisoners. 

28 CFR Part 542 

Administrative practice and 

procedure, Prisoners. 

28 CFR Part 543 

Claims, Lawyers, Legal services, 

Prisoners. 

Harley G. Lappin, 

Director, Bureau of Prisons. 

■ Under rulemaking authority vested in 

the Attorney General in 5 U.S.C 301; 28 

U.S.C. 509, 510 and delegated to the 

Director, Bureau of Prisons in 28 CFR 

0.96, we propose to amend 28 CFR 

chapter V as set forth below. 

Subchapter A—General Management and 

Administration 

■ 1. Revise part 503 to read as follows: 

PART 503—BUREAU OF PRISONS 

CENTRAL OFFICE, REGIONAL 

OFFICES, INSTITUTIONS AND STAFF 

TRAINING CENTERS 

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

3622, 3624, 4001, 4003, 4042, 4081, 4082 

(Repealed in part as to offenses committed on 

or after November 1, 1987), 4161–4166 

(Repealed in part as to offenses committed on 

or after November 1, 1987), 5006–5024 

(Repealed October 12, 1984, as to offenses 

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

509, 510. 

§ 503.1 Structure of the Bureau of Prisons. 

The Bureau of Prisons consists of a 

Central Office, located at 320 First 

Street, NW., Washington, DC 20534, a 

Staff Training Center, and six Regional 

Offices (Northeast, Mid-Atlantic, 

Southeast, North Central, South Central, 

and Western). For further information, 

please contact the Central Office at the 

address referenced, or visit 

www.bop.gov for a complete list of 

contact information for Bureau Regional 

Offices and facilities. 

Subchapter C—Institutional Management 

PART 542—ADMINISTRATIVE 

REMEDY 

■ 2. The authority citation for 28 CFR 

part 542 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), 5006–5024 (Repealed 

October 12, 1984, as to offenses committed 

after that date), 5039; 28 U.S.C. 509, 510. 

§ 542.15 [Amended] 

■ 3. In § 542.15(b)(3), delete the phrase 

‘‘for addresses of the Central Office and 

Regional Offices’’ in the parenthetical in 

the final sentence and insert ‘‘for 

information on locating Bureau 

addresses’’ in its place. 

Subchapter C—Institutional Management 

PART 543—LEGAL MATTERS 

■ 4. The authority citation for 28 CFR 

part 543 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), 5006–5024 (Repealed 

October 12, 1984, as to offenses committed 

after that date), 5039; 28 U.S.C. 509, 510, 

1346(b), 2671–80, 28 CFR 0.95–0.99, 0.172, 

14.1–11. 

■ 5. In § 543.31(c), revise the last 

sentence to read as follows: 

§ 543.31 Filing a claim. 

* * * * * 

(c) * * * 28 CFR part 503 contains 

information on locating Bureau of 

Prisons addresses. 

[FR Doc. 05–21966 Filed 11–3–05; 8:45 am] 

BILLING CODE 4410–05–P 

DEPARTMENT OF JUSTICE 

Bureau of Prisons 

28 CFR Part 522 

[BOP–1113–F] 

RIN 1120–AB13 

Civil Contempt of Court Commitments: 

Revision To Accommodate 

Commitments Under the D.C. Code 

AGENCY: Bureau of Prisons, Justice. 

ACTION: Final rule. 

SUMMARY: In this document, the Bureau 

of Prisons (Bureau) revises its rules on 

Civil Contempt of Court Commitments 

to include references to relevant D.C. 

Code provisions regarding civil 

contempt commitments. We make this 

revision to accommodate D.C. Code 

offenders in Bureau institutions or 

Bureau contract facilities under the 

National Capital Revitalization and SelfGovernment Improvement Act of 1997 

(D.C. Revitalization Act), D.C. Code 

section 24–101(a) and (b). We also 

revise this rule to clarify existing 

provisions by using simpler 

organization and language. For further 

simplification, we remove language 

relating solely to internal agency 

practices and procedures. We do not, 

however, make any substantive changes 

to the current rules. 

DATES: This rule is effective December 5, 

2005. 

ADDRESSES: Rules Unit, Office of 

General Counsel, Bureau of Prisons, 320 

First Street, NW., Washington, DC 

20534. 

FOR FURTHER INFORMATION CONTACT: 

Sarah Qureshi, Office of General 

Counsel, Bureau of Prisons, phone (202) 

307–2105. 

SUPPLEMENTARY INFORMATION: Through 

this rule, the Bureau revises its 

regulations in 28 CFR part 522, on Civil 

Contempt of Court Commitments (civil 

contempt commitments). We make this 

rule to comply with the D.C. 

Revitalization Act, enacted August 5, 

1997. This Act makes the Bureau 

responsible for the ‘‘custody, care, 

subsistence, education, treatment and 

training’’ of ‘‘the felony population 

sentenced pursuant to the District of 

Columbia Code’’ (D.C. Code offenders). 

(D.C. Code section 24–101 (a) and (b).) 

As a result of absorbing 

approximately 8,000 D.C. Code 

offenders, we revise our rules on Civil 

Contempt of Court Commitments to 

address D.C. Code offenders. 

We also revise this rule to clarify 

existing provisions by using simpler 

organization and language. To clarify 

section 522.11, which is long and 

unnecessarily complex, we divided it 

into five separate rules with clearer 

headings. For further simplification, we 

remove language relating solely to 

internal agency practices and 

procedures. We do not, however, make 

any substantive changes to the current 

rules. 

Comments: We published this as a 

proposed rule on October 6, 2003 (68 FR 

46138). We received one comment in 

support of this rule. The commenter 

suggested that we ‘‘include references to 

relevant DC Code provisions regarding 

civil contempt commitments.’’ The 

commenter posited that without 

‘‘relevant DC Code provisions,’’ ‘‘DC 

Code section 24–101(a) and (b) cannot 

be properly implemented.’’

The proposed rules published on 

October 6, 2003, describe procedures for 

Federal civil contempt commitments. 

There is no need to cite, in rule text, to 

the particular D.C. Code section 

regarding civil contempt commitments 

(D.C. Code section 11–944) because this 

type of commitment also arises from a 

Federal court. Further, contrary to the 

commenter’s assertion, the text of the 

rules effectively implement the D.C. 

Revitalization Act, which gives the 

Bureau authority over D.C. Code 

offenders in Bureau custody in 

accordance with the D.C. Code, without 

citing to the specific D.C. Code section 

that discusses civil contempt 

commitments.