[Federal Register Volume 59, Number 66 (Wednesday, April 6, 1994)] [Unknown Section] [Page 0] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 94-8201] [[Page Unknown]] [Federal Register: April 6, 1994] _______________________________________________________________________ Part XI Department of Justice _______________________________________________________________________ Bureau of Prisons _______________________________________________________________________ 28 CFR Part 522, et al. Control, Custody, Care, Treatment and Instruction of Inmates; Editorial Amendments; Final Rule ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF JUSTICE Bureau of Prisons 28 CFR Parts 522, 545, and 551 [BOP-1021-F] Control, Custody, Care, Treatment and Instruction of Inmates; Editorial Amendments AGENCY: Bureau of Prisons, Justice. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: In this document the Bureau of Prisons is making editorial amendments to its regulations in order to update statutory references, terminology, and to correct typographical errors. EFFECTIVE DATE: April 6, 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 for editorial purposes its regulations on the Inmate Financial Responsibility Program, Non-discrimination Toward Inmates, and Civil Contempt of Court Commitments. A final rule on the Inmate Financial Responsibility Program (28 CFR 545.10 to 545.11) was published in the Federal Register May 21, 1991 (56 FR 23477). This publication contained a typographical error (``Court-Ordered restriction'' rather than ``Court-ordered restitution'') in Sec. 545.11(a)(2). This document accordingly correctly revises that paragraph. A final rule on Non-Discrimination Toward Inmates (28 CFR 551.90) was published in the Federal Register on April 4, 1980 (45 FR 23366). This document amends Sec. 551.90 to use the term ``disability'' instead of the term ``handicap''. This amendment is intended to conform to terminology used in current statutes. A final rule on Civil Contempt of Court Commitments (28 CFR 522.10 to 522.11) was published in the Federal Register June 29, 1979 (44 FR 38244). This document amends Sec. 522.11(g) to include reference to subsequent statutory citations. This document also revises the authority citation for the part for the sake of editorial consistency. Because these amendments are editorial 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 this rule 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 Parts 522, 545, and 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 522 in subchapter B of 28 CFR, chapter V and parts 545 and 551 in subchapter C of 28 CFR, chapter V are amended as set forth below. SUBCHAPTER B--INMATE ADMISSION, CLASSIFICATION, AND TRANSFER PART 522--ADMISSION TO INSTITUTION 1. The authority citation for 28 CFR part 522 is revised to read as follows, and all other authority citations in the part are removed: 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), 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; 28 CFR 0.95-0.99. 2. In Sec. 522.11, paragraph (g) is revised to read as follows: Sec. 522.11 Procedures. * * * * * (g) An inmate is not entitled to statutory or extra good time credits under 18 U.S.C. 4161-62 while only the civil contempt sentence is in effect. Nor is an inmate entitled to good conduct time credits under 18 U.S.C. 3624(b). Time spent serving only a civil contempt sentence is not considered jail time under 18 U.S.C. 3568 or 18 U.S.C. 3585(b). SUBCHAPTER C--INSTITUTIONAL MANAGEMENT PART 545--WORK AND COMPENSATION 3. 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, 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. 4. In Sec. 545.11, paragraph (a)(2) is revised to read as follows: Sec. 545.11 Procedures. * * * * * (a) * * * (2) Court-ordered restitution; * * * * * PART 551--MISCELLANEOUS 5. The authority citation for 28 CFR part 551 continues 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. 6. Section 551.90 is amended by revising the first sentence to read as follows: Sec. 551.90 Policy. Inmates may not be discriminated against on the basis of race, religion, nationality, sex, disability, or political belief. * * * [FR Doc. 94-8201 Filed 4-5-94; 8:45 am] BILLING CODE 4410-05-P