[Federal Register Volume 59, Number 249 (Thursday, December 29, 1994)] [Unknown Section] [Page 0] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 94-32120] [[Page Unknown]] [Federal Register: December 29, 1994] _______________________________________________________________________ Part VIII Department of Justice Bureau of Prisons _______________________________________________________________________ 28 CFR Part 527 Military and Coast Guard Offenders; Rescission; Final Rule DEPARTMENT OF JUSTICE Bureau of Prisons 28 CFR Part 527 [BOP-1022-F] Military and Coast Guard Offenders; Rescission AGENCY: Bureau of Prisons, Justice. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: In this document, the Bureau of Prisons is rescinding its regulations on Military and Coast Guard Inmates because the provisions contained in these regulations are sufficiently expressed in pertinent statutes and agreements, and consequently do not need to be restated as regulations. EFFECTIVE DATE: December 29, 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 rescinding its regulations on Military and Coast Guard Inmates (28 CFR 527.10). A final rule on this subject was published in the Federal Register June 29, 1979 (44 FR 38247). In accordance with E.O. 12866, the Bureau of Prisons is reviewing its regulations for the purpose of ensuring that it promulgates only such regulations as are required by law, are necessary to interpret the law, or are made necessary by compelling public need. The Bureau has determined that provisions for military and Coast Guard inmates are sufficiently expressed in the pertinent statutes and agreements, and that consequently there is no need to restate these provisions in Bureau regulations. Section 527.10 had stated that the Bureau of Prisons will accept a military or Coast Guard inmate recommended for transfer to an institution if, after examination of all available information, the Bureau can provide appropriate resources for the inmate's needs. The section specified that such inmates were subject to the same discipline and treatment as other inmates, and provided information regarding sentence computation and clemency eligibility. Section 858 of title 10 of the United States Code explicitly authorizes the confinement of persons adjudged by a court-martial or other military tribunal in, among other places, any penal or correctional institution under the control of the United States. This same section also states, in part, that persons so confined are subject to the same discipline and treatment as persons confined or committed by the courts of the United States. Sentence computation for military inmates remains the responsibility of military authority, as do the award or disallowance of Military Abatement Good Time, and the forfeiture, disallowance, or restoration of Military Good Time. Pursuant to agreement with military authorities, military and Coast Guard prisoners are eligible for clemency consideration from their respective branch of service. Additional information in Sec. 527.10 merely acknowledged the Bureau's discretion to enter into an agreement with the appropriate military authority. Because this rescission imposes 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 Part 527 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 527 in subchapter B of 28 CFR, chapter V is amended as set forth below. Subchapter B--Inmate Admission, Classification, and Transfer PART 527--TRANSFERS 1. The authority citation for 28 CFR Part 52 is revised to read as follows: Authority: 5 U.S.C. 301; 18 U.S.C. 3565, 3569, 3621, 3622, 3624, 4001, 4042, 4081, 4082 (Repealed in part as to offenses committed on or after November 1, 1987), 4100-4115, 4161-4166 (Repealed as to offenses committed on or after November 1, 1987), 4201-4218, 5003, 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. Subpart B--[Removed and Reserved] 2. Subpart B, consisting of Sec. 527.10, is removed and reserved. [FR Doc. 94-32120 Filed 12-28-94; 8:45 am] BILLING CODE 4410-05-M