28602 Federal Register / Vol. 74, No. 115 / Wednesday, June 17, 2009 / Rules and Regulations 

Route 350 to the intersection with Ohio 

State Route 73; then north and west on 

Route 73 to the intersection with U.S. 

Route 22; then west along Route 22 to 

U.S. Highway 68; then north and west 

on U.S. 68 to the intersection with U.S. 

Highway 35; then west and north on 

U.S. 35 to Interstate Highway 675; then 

north and east on I–675 to the 

intersection with Federal Interstate 

Highway 70; then west on I–70 to the 

intersection with the Montgomery 

County line; and then north and west 

along the Montgomery County line to 

the point of beginning. 

V. Authority 

This change is made under the 

authority of 5 U.S.C. 301; 19 U.S.C. 2, 

66, and 1624; and 6 U.S.C. 203. 

VI. Statutory and Regulatory Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review 

This rule is not considered to be an 

economically significant regulatory 

action under Executive Order 12866 

because it will not result in the 

expenditure of over $100 million in any 

one year. The change is intended to 

expand the geographical boundaries of 

the Port of Dayton, Ohio, and make it 

more easily identifiable to the public 

and to terminate the user fee airport 

status of Airborne Airpark in 

Wilmington, Ohio. There are no new 

costs to the public associated with this 

rule. Accordingly, this rule has not been 

reviewed by the Office of Management 

and Budget (OMB) under Executive 

Order 12866. 

B. Regulatory Flexibility Act 

The Regulatory Flexibility Act (5 

U.S.C. 601 et seq.) requires federal 

agencies to examine the impact a rule 

would have on small entities. A small 

entity may be a small business (defined 

as any independently owned and 

operated business not dominant in its 

field that qualifies as a small business 

per the Small Business Act); a small notfor-profit organization; or a small 

governmental jurisdiction (locality with 

fewer than 50,000 people). 

This rule does not directly regulate 

small entities. The change is part of 

CBP’s continuing program to more 

efficiently utilize its personnel, 

facilities, and resources, and to provide 

better service to carriers, importers, and 

the general public. To the extent that all 

entities are able to more efficiently or 

conveniently access the facilities and 

resources within the expanded 

geographical area of the new port limits, 

this rule should confer benefits to CBP, 

carriers, importers, and the general 

public. 

Because this rule does not directly 

regulate small entities, CBP certifies that 

this rule does not have a significant 

economic impact on a substantial 

number of small entities. 

VII. Signing Authority 

The signing authority for this 

document falls under 19 CFR 0.2(a) 

because the port extension is not within 

the bounds of those regulations for 

which the Secretary of the Treasury has 

retained sole authority. Accordingly, 

this final rule may be signed by the 

Secretary of Homeland Security (or his 

or her delegate). 

List of Subjects 

19 CFR Part 101 

Customs duties and inspection, 

Customs ports of entry, Exports, 

Imports, Organization and functions 

(Government agencies). 

19 CFR Part 122 

Customs duties and inspection, 

Airports, Imports, Organization and 

functions (Government agencies). 

Amendments to CBP Regulations 

■ For the reasons set forth above, part 

101, CBP Regulations (19 CFR part 101) 

and part 122, CBP Regulations (19 CFR 

part 122), are amended as set forth 

below. 

PART 101—GENERAL PROVISIONS 

■ 1. The general authority citation for 

part 101 and the specific authority 

citation for section 101.3 continue to 

read as follows: 

Authority: 5 U.S.C. 301; 19 U.S.C. 2, 66, 

1202 (General Note 3(i), Harmonized Tariff 

Schedule of the United States), 1623, 1624, 

1646a. 

Sections 101.3 and 101.4 also issued under 

19 U.S.C. 1 and 58b; 

* * * * * 

§ 101.3 [Amended] 

■ 2. The list of ports in § 101.3(b)(1) is 

amended by removing from the ‘‘Limits 

of Port’’ column for Dayton, Ohio, the 

present limits description ‘‘Including 

territory described in T.D. 76–77’’ and 

adding ‘‘CBP Dec. 09–19’’ in its place. 

PART 122—AIR COMMERCE 

REGULATIONS 

■ 3. The general authority for part 122 

continues to read as follows: 

Authority: 5 U.S.C. 301; 19 U.S.C. 58b, 66, 

1431, 1433, 1436, 1448, 1459, 1590, 1594, 

1623, 1624, 1644, 1644a, 2071 note. 

* * * * * 

§ 122.15 [Amended] 

■ 4. The list of user fee airports at 19 

CFR 122.15(b) is amended by removing 

‘‘Wilmington, Ohio’’ from the 

‘‘Location’’ column and, on the same 

line, ‘‘Wilmington Airport’’ from the 

‘‘Name’’ column. 

Dated: June 10, 2009. 

Janet Napolitano, 

Secretary. 

[FR Doc. E9–14229 Filed 6–16–09; 8:45 am] 

BILLING CODE 9111–14–P 

DEPARTMENT OF JUSTICE 

Parole Commission 

28 CFR Part 2 

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 U.S. Parole Commission 

is promulgating interim rules to 

implement the District of Columbia 

Equitable Street Time Credit 

Amendment Act of 2008. This Act 

modifies parole laws for District of 

Columbia offenders by allowing the 

Parole Commission to terminate the 

supervision and legal custody of a 

parolee before the expiration of the 

parolee’s sentence. The Act also 

modifies the requirement that the 

parolee lose credit for all time spent on 

parole when the Commission revokes a 

parolee’s release for violating parole 

conditions. With these modifications, 

parole laws for DC offenders are more 

consistent with similar parole laws 

governing U.S. Code parole eligible 

offenders. The Commission is also 

making a number of conforming 

amendments to regulations that refer to 

the functions that are the subject of the 

new DC law, and editing regulations on 

the same subjects for U.S. Code parolees 

to make the regulations simpler and 

more understandable. 

DATES: Comments must be received by 

August 31, 2009. 

ADDRESSES: Submit your comments, 

identified by docket identification 

number USPC–2009–01 by one of the 

following methods: 

1. Federal eRulemaking Portal: 

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

online instructions for submitting 

comments. 


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2. Mail: Office of the General Counsel, 

U.S. Parole Commission, 5550 

Friendship Blvd., Chevy Chase, 

Maryland 20815. 

3. Fax: 301–492–5563. 

FOR FURTHER INFORMATION CONTACT: 

Office of General Counsel, U.S. Parole 

Commission, 5550 Friendship Blvd., 

Chevy Chase, Maryland 20815, 

telephone (301) 492–5959. Questions 

about this publication are welcome, but 

inquiries concerning individual cases 

cannot be answered over the telephone. 

SUPPLEMENTARY INFORMATION: Under the 

National Capital Revitalization and SelfGovernment Improvement Act of 1997, 

Public Law 105–33, the U.S. Parole 

Commission assumed parole release and 

revocation authority over District of 

Columbia felony offenders, exercising 

such authority pursuant to the parole 

laws and regulations of the District of 

Columbia. DC Code 24–131(c). The 

Attorney General of the United States 

must concur in any changes made by 

the Council of the District of Columbia 

in these laws and regulations. Id. The 

Commission has exclusive authority to 

amend or supplement any regulation 

that interprets or implements DC parole 

laws. DC Code 24–131(a)(1). 

In December 2008 the DC Council 

passed the Equitable Street Time Credit 

Amendment Act of 2008 (hereinafter 

‘‘the Act’’). Former Attorney General 

Mukasey concurred in the legislation, 

and the Mayor of the District of 

Columbia signed the legislation in 

January 2009. After a period of 

congressional review, the Act became 

effective on May 20, 2009 as DC Law 

17–389. The Act makes two significant 

changes in parole laws for DC offenders. 

First, Section 3(a) of the Act amends DC 

Code 24–404 to provide that the 

Commission may terminate a DC 

parolee from supervision, and legal 

custody of the parolee, before the 

expiration date of the sentence. Under 

present law, the Commission may only 

transfer a DC parolee to inactive 

supervision before the sentence expires. 

This first change gives the Commission 

the same authority, and same 

responsibilities, it presently carries out 

for Federal parolees under its 

jurisdiction (see 18 U.S.C. 4211). The 

Commission is required to conduct an 

early termination record review for the 

DC parolee after the parolee serves two 

years of continuous supervision. If the 

parolee is not discharged from 

supervision and the sentence after five 

years of supervision, the Commission 

must conduct a five-year termination 

hearing using the same decision-making 

standard it uses for Federal parolees, 

i.e., whether there is a reasonable 

probability that the parolee will violate 

any criminal law if he were discharged 

from the sentence. 

The interim rule is almost identical to 

the current rule governing early 

termination decisions for Federal 

parolees. No substantive change is 

intended from the procedures for 

Federal parolees. The Commission is 

adopting the early termination 

guidelines it now uses for Federal 

parolees in carrying out its new duties 

for DC parolees. In doing so, the 

Commission is eliminating the use of a 

violence assessment under the 

guidelines at 28 CFR § 2.80 as a 

decision-making criterion. This 

assessment is presently used in the 

guidelines for transferring a DC parolee 

from active to inactive supervision. The 

elimination of the violence assessment 

is not intended to signal any 

devaluation of the risk of possible 

violence as a factor in the Commission’s 

decision. Instead, the risk of future 

violence will be addressed as a casespecific factor that may warrant a 

departure from the advisory guidelines. 

The Commission is also amending the 

rules at 28 CFR 2.43 (for Federal 

parolees) and 2.208 (for DC supervised 

releasees) to conform with this interim 

rule and the clearer language and 

simpler format of the new rule. 

The legislation applies to all DC 

parolees now under active or inactive 

supervision, and any DC prisoner who 

will be released to parole (including 

mandatory release) supervision. For 

those offenders released before the 

effective date of the Act, the 

Commission must apply the procedures 

of the new law within one year of the 

effective date. 

The second significant amendment of 

DC parole law is found in Section 3(b) 

of the Act. Under the current version of 

DC Code 24–406, if parole is revoked, 

the parole violator must forfeit all time 

spent on parole, regardless of the nature 

of the violation. Section 3(b) of the Act 

amends 24–406 to limit the forfeiture of 

parole time to those revoked parolees 

who have incurred a new conviction for 

an offense punishable by imprisonment, 

or who have intentionally refused or 

failed to respond to a request or order 

of the Commission. The legislation 

provides for mandatory forfeiture of the 

parole period if the parolee is convicted 

of a crime punishable by a prison term 

of more than one year. If the new 

conviction carries a possible jail term of 

one year or less, the Commission has 

discretion to allow sentence credit if the 

Commission decides that forfeiture is 

not necessary to protect the public 

welfare. This change in forfeiture law 

brings DC parole laws more in line with 

the forfeiture provisions for Federal 

parolees found at 18 U.S.C. 4210(b) and 

(c), which require parole time forfeiture 

for a revoked parolee who is convicted 

of a crime punishable by imprisonment, 

and permit forfeiture of a period while 

the parolee absconded from supervision 

or willfully disobeyed a Commission 

direction. For now, the Commission has 

decided not to promulgate guidelines 

regarding the exercise of discretionary 

judgment in granting parole time credit 

to persons convicted of misdemeanor 

crimes. As its experience develops, the 

Commission may decide that guidelines 

are desirable in making this decision. 

The amendment to the parole time 

credit laws does not apply to parole 

periods that have already been revoked 

and forfeited before the effective date of 

the Act. 

Finally, the Commission is amending 

a number of other rules to conform with 

the amendments required by the new 

law. 

Implementation 

The regulations set forth below will 

be made effective as of the date of 

publication, and will apply to all 

persons who are serving sentences 

imposed for felony crimes under the 

District of Columbia Code. The 

Commission has already begun 

implementing the street time forfeiture 

provisions of the Act for revocation 

decisions issued on or after May 20, 

2009, the Act’s effective date. As noted 

above, the Act does not disturb the 

street time forfeiture decisions for DC 

offenders issued by the Commission 

before May 20, 2009, and it allows the 

Commission a period of one year to 

implement the provisions on early 

termination of supervision for those DC 

parolees who were released before the 

Act’s effective date. 

Good Cause Finding 

The Commission is making these 

interim rules effective less than 30 days 

from the date of this publication for 

good cause pursuant to 5 U.S.C. 

553(d)(3). The effective date of the new 

Act has already passed and the 

Commission must immediately 

implement the new Act to ensure that 

determinations as to street time credit 

for revoked parolees are made in 

accordance with the Act, and that these 

parolees do not improperly forfeit 

sentence credit. Delaying the effective 

date of the rules would not serve the 

public interest regarding the fair 

administration of criminal laws, and is 

not necessary to prepare either the 

general public or other components of 

the DC criminal justice system for the 

implementation of the new Act. Almost 


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28604 Federal Register / Vol. 74, No. 115 / Wednesday, June 17, 2009 / Rules and Regulations 

all of the changes required by the Act 

will be matters for the internal 

administration of the Commission’s 

functions. 

Executive Order 12866 

The U. S. Parole Commission has 

determined that these interim rules do 

not constitute significant rules within 

the meaning of Executive Order 12866. 

Executive Order 13132 

These regulations 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, these rules do not have 

sufficient federalism implications 

requiring a federalism Assessment. 

Regulatory Flexibility Act 

The interim rules 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 

The rules will not cause State, local, 

or tribal governments, or the private 

sector, to spend $100,000,000 or more in 

any one year, and it 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) 

These rules are not ‘‘major rules’’ 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). The rules 

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, these are rules of agency 

practice or procedure that do not 

substantially affect the rights or 

obligations of non-agency parties, and 

do 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 is adopting the following 

amendment to 28 CFR part 2. 

PART 2—[AMENDED] 

■ 1. The authority citation for 28 CFR 

part 2 continues to read as follows: 

Authority: 18 U.S.C. 4203(a)(l) and 

4204(a)(6). 

■ 2. The table of contents for 28 CFR 

part 2 is amended by revising the 

headings for Sections 2.95 and 2.96 to 

read as follows: 

Part 2–PAROLE, RELEASE, 

SUPERVISION AND RECOMMITMENT 

OF PRISONERS, YOUTH OFFENDERS, 

AND JUVENILE DELINQUENTS 

* * * * * 

Subpart C–District of Columbia Code: 

Prisoners and Parolees 

* * * * * 

§ 2.95 Early termination from supervision. 

§ 2.96 Order of early termination. 

* * * * * 

■ 3. Section 2.43 is revised to read as 

follows: 

§ 2.43 Early termination. 

(a)(1) Upon its own motion or upon 

request of a parolee, the Commission 

may terminate a parolee’s supervision, 

and legal custody over the parolee, 

before the sentence expires. 

(2) The Commission may terminate 

supervision of a committed youth 

offender after the offender serves one 

year on supervision. Upon terminating 

supervision before the sentence expires, 

the Commission shall set aside the 

committed youth offender’s conviction 

and issue a certificate setting aside the 

conviction instead of a certificate of 

termination. 

(b) Two years after releasing a 

prisoner on supervision, and at least 

annually thereafter, the Commission 

shall review the status of the parolee to 

determine the need for continued 

supervision. The Commission shall also 

conduct a status review whenever the 

supervision officer recommends early 

termination of the parolee’s supervision. 

(c) Five years after releasing a 

prisoner on supervision, the 

Commission shall terminate supervision 

over the parolee unless the Commission 

determines, after a hearing, that such 

supervision should not be terminated 

because there is a likelihood that the 

parolee will engage in conduct violating 

any criminal law. If the Commission 

does not terminate supervision under 

this paragraph, the parolee may request 

a hearing annually thereafter, and the 

Commission shall conduct an early 

termination hearing at least every two 

years. 

(d) In calculating the two-year and 

five-year periods provided in 

paragraphs (b) and (c) of this section, 

the Commission shall not include any 

period of parole before the most recent 

release, or any period served in 

confinement on any other sentence. 

(e) A parolee may appeal an adverse 

decision under paragraph (b) of this 

section under § 2.26 or § 2.27 as 

applicable. 

(f) If the case is designated for the 

original jurisdiction of the Commission, 

a decision to terminate supervision 

under paragraphs (a)(2) and (b) of this 

section, or a decision to terminate or 

continue supervision under paragraph 

(c) of this section shall be made under 

the provisions of § 2.17. 

(g)(1) In determining whether to grant 

early termination from supervision, the 

Commission shall consider the 

guidelines of this paragraph. The 

guidelines are advisory and the 

Commission may disregard the outcome 

indicated by the guidelines based on 

case-specific factors. Termination of 

supervision is indicated if the parolee: 

(A) Has a salient factor score in the 

very good risk category and has 

completed two continuous years of 

supervision free from an incident of 

new criminal behavior or serious parole 

violation; or 

(B) Has a salient factor score in a risk 

category other than very good and has 

completed three continuous years of 

supervision free from an incident of 

new criminal behavior or serious parole 

violation. 

(2) As used in this paragraph, the term 

‘‘an incident of new criminal behavior 

or serious parole violation’’ includes a 

new arrest or report of a parole violation 

if supported by substantial evidence of 

guilt, even if no conviction or parole 

revocation results. The Commission 

shall not terminate supervision of a 

parolee until it determines the 

disposition of a pending criminal 

charge. 

(h) Case-specific factors that may 

justify a departure either above or below 

the early termination guidelines may 

relate to the current behavior of the 

parolee, or to the parolee’s background 

and criminal history. 

■ 4. Section 2.65 is amended by revising 

paragraph (i) to read as follows: 


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§ 2.65 Paroling policy for prisoners 

serving aggregate U.S. and DC Code 

sentences. 

* * * * * 

(i) Forfeiture of parole time. All time 

on parole shall be forfeited if required 

under § 2.52(c) and § 2,105(d) of these 

regulations. If not, the Commission shall 

divide the total time on parole 

according to the proportional 

relationship of the DC sentence to the 

U.S. sentence, and shall order the 

forfeiture of the portion corresponding 

to the DC sentence pursuant to 

§ 2.105(d). For example, if the parolee is 

serving a two-year DC Code sentence 

and a three-year U.S. Code sentence, the 

DC sentence is two fifths, or 40 percent, 

of the aggregate sentence (five years). If 

the parolee was on parole 100 days and 

parole is revoked for a misdemeanor 

conviction, a period of 40 days is 

subject to possible forfeiture under 

§ 2.105(d). 

■ 5. Section 2.74 is amended by revising 

the third sentence of paragraph (c) to 

read as follows: 

§ 2.74 Decision of the Commission. 

* * * * * 

(c) * * * 

A decision terminating a parolee early 

from supervision shall also be based on 

the concurrence of two Commissioners. 

* * * * * 

■ 6. Section 2.92 is amended by revising 

paragraphs (a), (c), and (d) to read as 

follows: 

§ 2.92 Jurisdiction of the Commission. 

(a) The jurisdiction of the 

Commission over a parolee shall expire 

on the date of expiration of the 

maximum term or terms for which he 

was sentenced, or upon the early 

termination of supervision as provided 

in § 2.95, subject to the provisions of 

this subpart relating to warrant 

issuance, time in absconder status, and 

the forfeiture of time on parole in the 

case of revocation. 

(b) * * * 

(c) When the parolee’s sentence 

expires, the supervision officer shall 

issue a certificate of discharge to the 

parolee and to such other agencies as 

may be appropriate. If the Commission 

terminates the parolee’s supervision 

early under § 2.95, the Commission 

shall issue a certificate of discharge for 

delivery to the parolee by the 

supervision officer. 

(d) An order of revocation shall not 

affect the Commission’s jurisdiction to 

grant and enforce any further periods of 

parole, up to the date of expiration of 

the offender’s maximum term, or upon 

the early termination of supervision 

under § 2.95. 

■ 7. Section 2.95 is revised to read as 

follows: 

§ 2.95 Early termination from supervision. 

(a) (1) Upon its own motion or upon 

request of a parolee, the Commission 

may terminate a parolee’s supervision, 

and legal custody over the parolee, 

before the sentence expires. (2) The 

Commission may terminate supervision 

of a committed youth offender after the 

offender serves one year on supervision. 

Upon terminating supervision before the 

sentence expires, the Commission shall 

set aside the committed youth offender’s 

conviction and issue a certificate setting 

aside the conviction instead of a 

certificate of termination. 

(b) Two years after releasing a 

prisoner on supervision, and at least 

annually thereafter, the Commission 

shall review the status of the parolee to 

determine the need for continued 

supervision. The Commission shall also 

conduct a status review whenever the 

supervision officer recommends early 

termination of the parolee’s supervision. 

(c) Five years after releasing a 

prisoner on supervision, the 

Commission shall terminate supervision 

over the parolee unless the Commission 

determines, after a hearing, that such 

supervision should not be terminated 

because there is a likelihood that the 

parolee will engage in conduct violating 

any criminal law. If the Commission 

does not terminate supervision under 

this paragraph, the parolee may request 

a hearing annually thereafter, and the 

Commission shall conduct an early 

termination hearing at least every two 

years. 

(d) In calculating the two-year and 

five-year periods provided in 

paragraphs (b) and (c) of this section, 

the Commission shall not include any 

period of parole before the most recent 

release, or any period the parolee served 

in confinement on any other sentence. 

(e)(1) In determining whether to grant 

early termination from supervision, the 

Commission shall consider the 

guidelines of this paragraph. The 

guidelines are advisory and the 

Commission may disregard the outcome 

indicated by the guidelines based on 

case-specific factors. Termination of 

supervision is indicated if the parolee: 

(A) Has a salient factor score in the 

very good risk category and has 

completed two continuous years of 

supervision free from an incident of 

new criminal behavior or serious parole 

violation; or 

(B) has a salient factor score in a risk 

category other than very good and has 

completed three continuous years of 

supervision free from an incident of 

new criminal behavior or serious parole 

violation. 

(2) As used in this paragraph, the term 

‘‘an incident of new criminal behavior 

or serious parole violation’’ includes a 

new arrest or report of a parole violation 

if supported by substantial evidence of 

guilt, even if no conviction or parole 

revocation results. The Commission 

shall not terminate supervision of a 

parolee until it determines the 

disposition of a pending criminal 

charge. 

(3) Case-specific factors that may 

justify a departure either above or below 

the early termination guidelines may 

relate to the current behavior of the 

parolee, or to the parolee’s background 

and criminal history. 

■ 8. Section 2.96 is revised to read as 

follows: 

§ 2.96 Order of early termination. 

When the Commission orders early 

termination from supervision, the 

Commission shall issue a certificate to 

the parolee granting a full discharge 

from the sentence. The termination and 

discharge shall take effect only upon the 

actual delivery of the certificate of 

discharge to the parolee by the 

supervision officer, and may be 

rescinded for good cause at any time 

before such delivery. 

■ 9. Section 2.97 is amended by revising 

the first clause of the first sentence to 

read as follows: 

§ 2.97 Withdrawal of order of release. 

If, after an order for release from 

active supervision under former § 2.95 

has been issued by the Commission, 

* * * * * 

■ 10. Section 2.98 is amended in 

paragraph (e) by removing ‘‘DC Code 

24–406(a)’’ and adding in its place ‘‘DC 

Code 24–406(c).’’ 

■ 11. Section 2.100 is amended in 

paragraph (d)(2) by removing ‘‘DC Code 

24–406(a)’’ and adding in its place ‘‘DC 

Code 24–406(c).’’ 

■ 12. Section § 2.105 is amended by 

revising paragraphs (b), (d), and (e) to 

read as follows: 2.105 Revocation 

decisions. 

(a) * * * 

(b) If parole is revoked under this 

section, the Commission shall 

determine whether immediate reparole 

is warranted or whether the parolee 

should be returned to prison. If the 

parolee is returned to prison, the 

Commission shall also determine 

whether to set a presumptive release 

date pursuant to § 2.81. 

(c) * * * 

(d)(1) Except as provided in 

paragraphs (d)(2) and (d)(3), the 


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Commission shall grant a revoked 

parolee credit toward completion of the 

sentence for all time served on parole. 

(2)(A) The Commission shall forfeit 

credit for the period of parole if a 

parolee is convicted of a crime 

committed during a period of parole and 

that is punishable by a term of 

imprisonment of more than one year. 

(B) If the crime is punishable by any 

other term of imprisonment, the 

Commission shall forfeit credit for the 

period of parole unless the Commission 

determines that such forfeiture is not 

necessary to protect the public welfare. 

In making this decision, the 

Commission shall consider the nature 

and circumstances of the violation 

behavior, the history and characteristics 

of the offender, including the offender’s 

supervision history, and other available 

and relevant information. 

(3) If, during the period of parole, a 

parolee intentionally refuses or fails to 

respond to any reasonable request, 

order, summons, or warrant of the 

Commission or any member or agent of 

the Commission, the Commission may 

order that the parolee not receive credit 

for the period of time that the 

Commission determines that the parolee 

failed or refused to respond to such a 

request, order, summons, or warrant. 

(4) The provisions of this paragraph 

shall apply only to any period of parole 

that is being served on or after May 20, 

2009, and shall not apply to any period 

of parole that was revoked before that 

date. 

(e) Notwithstanding paragraphs (a) 

through (d) of this section, prisoners 

committed under the Federal Youth 

Corrections Act shall not be subject to 

forfeiture of time on parole, but shall 

serve uninterrupted sentences from the 

date of conviction except as provided in 

§ 2.10(b) and (c). DC Code 24–406(c) and 

paragraphs (a) through (d) of this section 

are fully applicable to prisoners serving 

sentences under the DC Youth 

Rehabilitation Act. 

* * * * * 

■ 13. Section § 2.208 is revised to read 

as follows: 

§ 2.208 Termination of a term of 

supervised release. 

(a)(1) The Commission may terminate 

a term of supervised release and 

discharge the releasee from supervision 

after the expiration of one year of 

supervised release, if the Commission is 

satisfied that such action is warranted 

by the conduct of the releasee and the 

interest of justice. 

(2) Upon terminating supervision of a 

committed youth offender before the 

sentence expires, the Commission shall 

set aside the committed youth offender’s 

conviction and issue a certificate setting 

aside the conviction instead of a 

certificate of discharge. 

(b) Two years after a prisoner is 

released on supervision, and at least 

annually thereafter, the Commission 

shall review the status of the releasee to 

determine the need for continued 

supervision. The Commission shall also 

conduct a status review whenever the 

supervision officer recommends 

termination of the supervised release 

term. If the term of supervised release 

imposed by the court is two years or 

less, the Commission shall consider 

termination of supervision only if 

recommended by the releasee’s 

supervision officer. 

(c) In calculating the two-year period 

provided in paragraph (b) of this 

section, the Commission shall not 

include any period of release before the 

most recent release, or any period 

served in confinement on any other 

sentence. 

(d) (1) In deciding whether to 

terminate supervised release, the 

Commission shall consider the 

guidelines of this paragraph. The 

guidelines are advisory and the 

Commission may disregard the outcome 

indicated by the guidelines based on 

case specific factors. Termination of 

supervision is indicated if the releasee: 

(A) Has a salient factor score in the 

very good risk category and has 

completed two continuous years of 

supervision free from an incident of 

new criminal behavior or serious release 

violation; or 

(B) Has a salient factor score in a risk 

category other than very good and has 

completed three continuous years of 

supervision free from an incident of 

new criminal behavior or serious release 

violation. 

(2) As used in this paragraph, the term 

‘‘an incident of new criminal behavior 

or serious release violation’’ includes a 

new arrest or report of a release 

violation if supported by substantial 

evidence of guilt, even if no conviction 

or release revocation results. The 

Commission shall not terminate 

supervision of a releasee until it 

determines the disposition of a pending 

criminal charge. 

(3) Case-specific factors that may 

justify a departure either above or below 

the early termination guidelines may 

relate to the current behavior of the 

releasee, or to the releasee’s background 

and criminal history. 

Dated: June 8, 2009. 

Isaac Fulwood, 

Chairman, U.S. Parole Commission. 

[FR Doc. E9–14157 Filed 6–16–09; 8:45 am] 

BILLING CODE 4410–31–M 

DEPARTMENT OF LABOR 

Mine Safety and Health Administration 

30 CFR Part 49 

RIN 1219–AB66 

Mine Rescue Teams 

AGENCY: Mine Safety and Health 

Administration (MSHA), Labor. 

ACTION: Final rule. 

SUMMARY: This final rule revises 

MSHA’s existing standards for mine 

rescue teams for underground coal 

mines. On February 10, 2009, the 

United States Court of Appeals for the 

District of Columbia Circuit (Court) held 

that MSHA’s Mine Rescue Teams rule, 

issued on February 8, 2008, is 

inconsistent with Section 4 of the Mine 

Improvement and New Emergency 

Response (MINER) Act in three respects. 

This final rule revises those portions of 

the existing rule in accordance with the 

MINER Act, consistent with the Court’s 

decision. 

DATES: Effective Date: June 17, 2009. 

Compliance Dates: Each underground 

coal mine operator affected by the 

changes in this final rule shall comply 

with the requirements of § 49.50(a), 

Table 49.50–A, by December 14, 2009, 

and the requirements of § 49.50(a), 

Table 49.50–B, by June 17, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Patricia W. Silvey, Director, Office of 

Standards, Regulations, and Variances, 

MSHA, at silvey.patricia@dol.gov 

(Internet e-mail), 202–693–9440 (voice), 

or 202–693–9441 (facsimile). 

SUPPLEMENTARY INFORMATION: 

I. Final Rule 

The Administrative Procedure Act 

(APA) requires that rulemakings be 

published in the Federal Register and 

requires generally that agencies provide 

an opportunity for public comment. 

However, notice and an opportunity for 

public comment are not required when 

the agency ‘‘for good cause finds’’ that 

notice and comment ‘‘are impracticable, 

unnecessary, or contrary to the public 

interest.’’ 5 U.S.C. 553(b)(B). 

The Court stated in its decision that 

the MINER Act does not allow MSHA to 

exercise any discretion with respect to 

the issues in the Court’s order. As a 

result, MSHA finds that there is ‘‘good 

cause’’ under 5 U.S.C. 553(b)(B) of the 

APA to issue this final rule without 

prior public notice and comment. 

Further, in accordance with the Court’s 

decision, MSHA has determined that 

there is ‘‘good cause’’ to except this 

action from the 30-day delayed effective 


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