[Federal Register Volume 59, Number 24 (Friday, February 4, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-2600]
[[Page Unknown]]
[Federal Register: February 4, 1994]
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Part IV
Department of Justice
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Bureau of Prisons
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28 CFR Part 551
Control, Custody, Care, Treatment and Instruction of Inmates; Emergency
Signaling Devices and Victim/Witness Notification; Rule
DEPARTMENT OF JUSTICE
Bureau of Prisons
28 CFR Part 551
Control, Custody, Care, Treatment and Instruction of Inmates;
Emergency Signaling Devices and Victim/Witness Notification
AGENCY: Bureau of Prisons, Justice.
ACTION: Final Rule.
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SUMMARY: In this document, the Bureau of Prisons is removing from its
regulations provisions regarding emergency signaling devices and
unnecessary references to statutory and departmental authority.
Provisions for placement of emergency signaling devices are adequately
covered in the National Fire Code (NFC) standards. Adherence to NFC
standards, the provision of 24-hour staff coverage, and the conditions
of confinement in Bureau institutions obviate the need for further
regulation on emergency signaling devices. References to statutory and
departmental authority for victim and/or witness notification are being
incorporated into the authority citation for the part and are therefore
removed from the regulations. These amendments are editorial in nature
and represent no change in Bureau policy.
EFFECTIVE DATE: February 4, 1994.
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, phone (202) 514-6655.
SUPPLEMENTARY INFORMATION: The Bureau of Prisons is amending its
regulations on Emergency Signaling Devices--Inmate Housing Units and on
Victim and/or Witness Notification. A final rule on Emergency Signaling
Devices was published in the Federal Register on June 1, 1983 (48 FR
24625), and a final rule on Victim and/or Witness Notification was
published April 30, 1984 (49 FR 18386) and was amended February 21,
1990 (55 FR 6178).
All Bureau institutions conform to applicable standards of the
National Fire Code, which include provision for the placement of
emergency signaling devices in all institution housing units. Bureau
regulations in 28 CFR 551.140 had stipulated that such devices be
accessible to inmates in locked dormitories which do not have 24-hour
staff coverage and in housing units with rooms or cells (both single
and multiple occupancy) lacking 24-hour staff coverage. The only Bureau
institutions with dormitories or housing units which do not have 24-
hour staff coverage are in Federal Prison Camps. Staff coverage is
provided in these units at night and at other times when inmates are
permitted in their quarters. Because of the lessened security needs in
Federal Prison Camps, dormitories and housing units in these
institutions are not locked. Consequently, the provisions in
Sec. 551.140 serve no practical purpose and are therefore being
removed.
Bureau regulations in 28 CFR 551.150 include references to the
Victim and Witness Protection Act of 1982 and to the Attorney General's
guidelines for victim and witness assistance. These references are more
appropriately placed in the authority citation for the part and are
accordingly removed from the text of the regulation. The newly revised
authority citation for 28 CFR part 551, which already included
reference to the pertinent provisions of the Victim and Witness
Protection Act of 1982 (18 U.S.C. 1512), now includes reference to the
most recent revision of the Attorney General's guidelines for victim
and witness assistance.
Because these amendments are administrative in nature and impose no
new restrictions on inmates, the Bureau finds good cause for exempting
the provisions of the Administrative Procedure Act (5 U.S.C. 553)
requiring notice of proposed rulemaking, the opportunity for public
comment, and delay in effective date. Members of the public may submit
comments concerning this rule by writing to the previously cited
address. These comments will be considered but will receive no response
in the Federal Register.
The Bureau of Prisons has determined that this rule is not a
significant regulatory action for the purpose of E.O. 12866, and
accordingly was not reviewed by the Office of Management and Budget.
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 Part 551
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), part 551 in subchapter C of 28
CFR, chapter V is amended as set forth below.
SUBCHAPTER C--INSTITUTIONAL MANAGEMENT
PART 551--MISCELLANEOUS
1. The authority citation for 28 CFR part 551 is revised to read as
follows:
Authority: 5 U.S.C. 301; 18 U.S.C. 1512, 3621, 3622, 3624, 4001,
4005, 4042, 4081, 4082 (Repealed in part as to offenses committed on
or after November 1, 1987), 4161-4166 (Repealed 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; Pub. L. 99-500 (sec. 209); 28 CFR 0.95-0.99; Attorney
General's August 6, 1991 Guidelines for Victim and Witness
Assistance.
Subpart L--[Removed and Reserved]
2. Subpart L, consisting of Sec. 551.140, is removed and reserved.
Sec. 551.150 [Amended]
3. Section 551.150 is amended by removing the second sentence.
[FR Doc. 94-2600 Filed 2-3-94; 8:45 am]
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