90 Federal Register / Vol. 61, No. 1 / Tuesday, January 2, 1996 / Rules and Regulations

requested from the location where they

are maintained and must be identified

by Remedy ID number as indicated on

an index. Copies of indexes or responses

may be inspected during regular office

hours at the locations indicated above,

or may be purchased in accordance with

the regular fees established for copies

furnished under the Freedom of

Information Act (FOIA).

[FR Doc. 95–31496 Filed 12–29–95; 8:45 am]

BILLING CODE 4410–05–P

DEPARTMENT OF JUSTICE

Bureau of Prisons

28 CFR Parts 540 and 545

[BOP–1049–I]

RIN 1120–AA39

Telephone Regulations and Inmate

Financial Responsibility

AGENCY: Bureau of Prisons, Justice.

ACTION: Interim Rule With Request for

Comments, and Withdrawal of Effective

Date-Delayed Provisions.

SUMMARY: In this document, the Bureau

of Prisons (Bureau) is withdrawing the

provisions in its regulations relating to

limitations on telephone privileges for

inmates who have refused participation

in the inmate financial responsibility

program, (IFRP) which were to become

effective January 4, 1996. In addition,

the Bureau is increasing to $75.00 the

amount of money to be excluded from

assessment in an inmate’s financial

responsibility plan. These actions are

made pursuant to the terms of a

settlement approved by the District

Court in a nationwide federal prisoner

class action, Washington v. Reno, Nos.

93–217, 93–290 (E.D.KY.).

DATES: The withdrawal of 28 CFR

540.105(c) and 545.11(d)(10), and the

amendment to 28 CFR 540.100(a) is

effective January 2, 1996; the

amendment to 28 CFR 545.11(b)

introductory text is effective January 3,

1996. Comments on 28 CFR 545.11(b)

are due on March 4, 1996.

ADDRESSES: Office of General Counsel,

Bureau of Prisons, HOLC Room 754, 320

First Street, NW., Washington, DC

20534.

FOR FURTHER INFORMATION CONTACT: Roy

Nanovic, Office of General Counsel,

Bureau of Prisons, telephone (202) 514–

6655.

SUPPLEMENTARY INFORMATION: The

Bureau of Prisons (Bureau) is

withdrawing certain provisions in its

rules on telephone regulations and on

the inmate financial responsibility

program (IFRP) which were published

in the Federal Register on April 4, 1994

(59 FR 15812).

In the April 4, 1994, revision of its

rules on telephone regulations and on

the IFRP, the Bureau delayed the

effective date for provisions in

§§ 540.105(c) and 545.11(d)(10) which

imposed limitations on the telephone

privileges of inmates refusing to

participate in the IFRP. These

provisions were to become effective

January 3, 1995. Due to ongoing

litigation in Washington v. Reno, the

effective date for these provisions was

further delayed until January 4, 1996 (60

FR 240). In accordance with the Courtapproved settlement in Washington v.

Reno, the Bureau is withdrawing these

provisions and the reference to the IFRP

telephone restrictions contained in 28

CFR 540.100(a), and is publishing

elsewhere in today’s Federal Register a

new proposed rule to impose a different

restriction on the telephone privileges of

inmates who refuse to participate in the

IFRP.

In accordance with the settlement in

Washington v. Reno, the Bureau is also

amending, on an interim basis with

request for comments, the provision in

28 CFR 545.11(b) which relates to the

exclusion of certain funds from an

inmate’s financial responsibility plan.

Under this provision, unit team staff

currently exclude $50.00 per month

from assessment in developing the

inmate’s payment plan in the IFRP. This

provision is revised to raise the

exclusion to $75.00 per month, per the

terms of the settlement in Washington v.

Reno and, for clarification purposes, the

third and fourth sentences of this

paragraph are being combined into one

sentence.

Because the revisions to 28 CFR

545.11(b) are made pursuant to the

court-approved settlement in

Washington v. Reno, the Bureau is

issuing the revisions as an interim rule

pursuant to the ‘‘good cause’’ exemption

of 5 U.S.C. 553(d)(3). Interested persons

may participate in this rulemaking by

submitting data, views, or arguments in

writing to the Bureau of Prisons, 320

First Street, NW., HOLC Room 754,

Washington, DC 20534. Comments

received on the interim rule provisions

during the comment period will be

considered before final action is taken.

All comments received remain on file

for public inspection at the above

address.

The Bureau of Prisons has determined

that this rule is not a significant

regulatory action for the purpose of E.O.

12866, and accordingly this rule has not

been reviewed by the Office of

Management and Budget pursuant to

E.O. 12866. After review of the law and

regulations, the Director, Bureau of

Prisons has certified that this rule, for

the purpose of the Regulatory Flexibility

Act (Pub. L. 96–354), does not have a

significant impact on a substantial

number of small entities.

List of Subjects in 28 CFR Parts 540 and

545

Prisoners.

Kathleen M. Hawk,

Director, Bureau of Prisons.

Accordingly, pursuant to the

rulemaking authority vested in the

Attorney General in 5 U.S.C. 552(a) and

delegated to the Director, Bureau of

Prisons in 28 CFR 0.96(p), parts 540 and

545 in subchapter C of 28 CFR, chapter

V are amended as set forth below.

SUBCHAPTER C—INSTITUTIONAL

MANAGEMENT

PART 540—CONTACT WITH PERSONS

IN THE COMMUNITY

1. The authority citation for 28 CFR

part 540 continues to read as follows:

Authority: 5 U.S.C. 301, 551, 552a; 18

U.S.C. 1791, 3013, 3571, 3572, 3621, 3622,

3624, 3663, 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; 28

CFR 0.95–0.99.

2. In § 540.100, paragraph (a) is

amended by revising the fifth sentence

to read as follows:

§ 540.100 Purpose and scope.

* * * * *

(a) * * * In addition to the

procedures set forth in this subpart,

inmate telephone use is subject to those

limitations which the Warden

determines are necessary to ensure the

security or good order, including

discipline, of the institution or to

protect the public. * * *

§ 540.105 [Amended]

3. In § 540.105, paragraph (c), which

was previously to become effective

January 4, 1996, (59 FR 15824, 60 FR

240) is removed and reserved.

PART 545—WORK AND

COMPENSATION

4. The authority citation for 28 CFR

part 545 continues to read as follows:

Authority: 5 U.S.C. 301; 18 U.S.C. 3013,

3571, 3572, 3621, 3622, 3624, 3663, 4001,

4042, 4081, 4082 (Repealed in part as to

offenses committed on or after November 1,

1987), 4126, 5006–5024 (Repealed October

12, 1984 as to offenses committed after that

date), 5039; 28 U.S.C. 509, 510; 28 CFR 0.95–

0.99.
Federal Register / Vol. 61, No. 1 / Tuesday, January 2, 1996 / Rules and Regulations 91

5. In § 545.11, the introductory text of

paragraph (b) is amended by revising

the dollar amount ‘‘$50.00’’ in the fifth

sentence to read ‘‘$75.00’’; by removing

the third and fourth sentences; by

adding a new third sentence to read as

follows; and in addition, paragraph

(d)(10), which was to become effective

January 4, 1996, (59 FR 15825, 60 FR

240) is removed and reserved.

§ 545.11 Procedures.

* * * * *

(b) Payment. * * * In developing an

inmate’s financial plan, the unit team

shall exclude from its assessment $75.00

a month deposited into the inmate’s

trust fund account after subtracting from

the trust fund account the inmate’s IFRP

minimum payment schedule for

UNICOR or non-UNICOR work

assignments, set forth below in

paragraph (b)(1) and (b)(2) of this

section.

* * * * *

[FR Doc. 95–31497 Filed 12–29–95; 8:45 am]

BILLING CODE 4410–05–P