[Federal Register Volume 79, Number 31 (Friday, February 14, 2014)]
[Proposed Rules]
[Pages 8910-8911]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-03240]


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DEPARTMENT OF JUSTICE

Bureau of Prisons

28 CFR Part 552

[BOP-1162-P]
RIN 1120-AB62


Searches of Housing Units, Inmates, and Inmate Work Areas: Use of 
X-ray Devices--Clarification of Terminology

AGENCY: Bureau of Prisons, Justice.

ACTION: Proposed rule.

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SUMMARY: In this document, the Bureau of Prisons (Bureau) proposes to 
clarify that body imaging search devices are ``electronic search 
devices'' for routine or random use in searching inmates, and are 
distinguished from medical x-ray devices, which require the inmate's 
consent, or Regional Director approval, for use as search devices.

DATES: Comments are due by April 15, 2014.

FOR FURTHER INFORMATION CONTACT: Sarah Qureshi, Office of General 
Counsel, Bureau of Prisons, phone (202) 307-2105.

SUPPLEMENTARY INFORMATION: 

Posting of Public Comments

    Please note that all comments received are considered part of the 
public record and are available for public inspection online at 
www.regulations.gov. Such information includes personal identifying 
information (such as your name, address, etc.) voluntarily submitted by 
the commenter.
    If you want to submit personal identifying information (such as 
your name, address, etc.) as part of your comment, but do not want it 
to be posted online, you must include the phrase ``PERSONAL IDENTIFYING 
INFORMATION'' in the first paragraph of your comment. You must also 
locate all the personal identifying information you do not want posted 
online in the first paragraph of your comment and identify what 
information you want redacted.
    If you want to submit confidential business information as part of 
your comment but do not want it to be posted online, you must include 
the phrase ``CONFIDENTIAL BUSINESS INFORMATION'' in the first paragraph 
of your comment. You must also prominently identify confidential 
business information to be redacted within the comment.
    If a comment contains so much confidential business information 
that it cannot be effectively redacted, all or part of that comment may 
not be posted on www.regulations.gov.
    Personal identifying information identified and located as set 
forth above will be placed in the agency's public docket file, but not 
posted online. Confidential business information identified and located 
as set forth above will not be placed in the public docket file. If you 
wish to inspect the agency's public docket file in person by 
appointment, please see the FOR FURTHER INFORMATION CONTACT paragraph.

Proposed Rule

    The Bureau proposes to amend its regulation on searches of inmates 
using x-ray devices and technology (28 CFR part 552, subpart B). We 
propose to change this regulation to clarify that body imaging search 
devices are ``electronic search devices'' for routine or random use in 
searching inmates, and are distinguished from medical x-ray devices, 
the use of which require the inmate's consent, or Regional Director 
approval, for use as search devices.
    Section 552.11 Searches of inmates. The Bureau's regulation on 
searching inmates using electronic devices currently lists only metal 
detectors and ion spectrometry devices as examples of such devices. We 
now propose to clarify that the provision for ``electronic search 
devices'' includes the use of body imaging search devices which use x-
ray technology, but which are functionally different from medical x-ray 
devices as described in Sec.  552.13.
    Section 552.13 Medical x-ray device, major instrument, or surgical 
intrusion. To conform with the change made in Sec.  552.11, we likewise 
propose to alter Sec.  552.13 to further clarify that body imaging 
search devices are functionally different from the medical x-ray 
devices as described in this regulation. To do this, we remove the 
generic term ``x-ray'' and replace it with ``medical x-ray device'' in 
Sec.  552.13.
    We also revise Sec.  552.13(a) to delete the term ``fluoroscope.'' 
It is inaccurate to state that the Bureau uses fluoroscopes in the same 
way as major instruments (including anoscope or vaginal speculum) or 
surgical intrusion (i.e., only for medical reasons and with the 
inmate's consent). In fact, as we continue to state in subparagraph 
(b), medical x-rays devices such as fluoroscopes are also used to 
detect contraband under specifically delineated circumstances: Only 
when ``determined necessary for the security, good order, or discipline 
of the institution,'' and only ``upon approval of the Regional 
Director.''
    Except for the change in terminology from ``x-ray'' to ``medical x-
ray device'', the remainder of Sec.  552.13 is unchanged.

Executive Order 12866

    This regulation has been drafted and reviewed in accordance with 
Executive Order 12866, ``Regulatory Planning and Review'' section 1(b), 
Principles of Regulation. The Department of Justice

[[Page 8911]]

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 been reviewed by the Office 
of Management and Budget (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, in accordance with Executive 
Order 13132, it is determined 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, in accordance with the 
Regulatory Flexibility Act (5 U.S.C. 605(b)), has reviewed this 
regulation and by approving it certifies that this regulation 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, 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 section 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 foreign-based companies in domestic and export markets.

List of Subjects 28 CFR Part 552 Prisoners.

Charles E. Samuels, Jr.,

Director, Bureau of Prisons.

    Accordingly, 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 
part 552 as set forth below.

SUBCHAPTER C--INSTITUTIONAL MANAGEMENT

PART 552--CUSTODY

0
1. Revise the authority citation for 28 CFR part 552 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.

0
2. Revise Sec.  552.11(a) to read as follows:


Sec.  552.11  Searches of inmates.

    (a) Electronic devices. Inspection of an inmate's person using 
electronic devices (for example, metal detector, ion spectrometry 
device, or body imaging search device) does not require the inmate to 
remove clothing. The inspection may also include a search of the 
inmate's clothing and personal effects. Staff may conduct an electronic 
device search of an inmate on a routine or random basis to control 
contraband.
* * * * *
0
3. Revise Sec.  552.13 to read as follows:


Sec.  552.13  Medical x-ray device, major instrument, or surgical 
intrusion.

    (a) The institution physician may authorize use of a major 
instrument (including anoscope or vaginal speculum) or surgical 
intrusion for medical reasons only, with the inmate's consent.
    (b) The institution physician may authorize use of a medical x-ray 
device for medical reasons and only with the consent of the inmate. 
When there exists no reasonable alternative, and an examination using a 
medical x-ray device is determined necessary for the security, good 
order, or discipline of the institution, the Warden, upon approval of 
the Regional Director, may authorize the institution physician to order 
a non-repetitive examination using a medical x-ray device for the 
purpose of determining if contraband is concealed in or on the inmate 
(for example: In a cast or body cavity). The examination using a 
medical x-ray device may not be performed if it is determined by the 
institution physician that it is likely to result in serious or lasting 
medical injury or harm to the inmate. Staff shall place documentation 
of the examination and the reasons for the examination in the inmate's 
central file and medical file.
    (1) The Warden and Regional Director or persons officially acting 
in that capacity may not redelegate the authority to approve an 
examination using medical x-ray device for the purpose of determining 
if contraband is present. An Acting Warden or Acting Regional Director 
may, however, perform this function.
    (2) Staff shall solicit the inmate's consent prior to an 
examination using a medical x-ray device. However, the inmate's consent 
is not required.
    (c) The Warden may direct searches of inanimate objects using a 
medical x-ray device where the inmate is not exposed.

[FR Doc. 2014-03240 Filed 2-13-14; 8:45 am]
BILLING CODE 4410-05-P