[Federal Register Volume 61, Number 225 (Wednesday, November 20, 1996)]
[Rules and Regulations]
[Page 59168]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-29640]



[[Page 59167]]

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Part III





Department of Justice





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28 CFR Part 345



Federal Prison Industries (FPI) Inmate Work Programs; Final Rule

Federal Register / Vol. 61, No. 225 / Wednesday, November 20, 1996 / 
Rules and Regulations

[[Page 59168]]



DEPARTMENT OF JUSTICE

28 CFR Part 345

[BOP-1060-F]
RIN 1120-AA50


Federal Prison Industries (FPI) Inmate Work Programs: Sick Call 
Status

AGENCY: Federal Prison Industries, Inc., Bureau of Prisons, Justice.

ACTION: Final rule.

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SUMMARY: In this document, the Bureau of Prisons is amending its rule 
on Federal Prison Industries (FPI) Inmate Work Programs to clarify the 
definition of ``FPI Work Status'' with respect to an inmate on sick 
call or on medical idle. An inmate on sick call during assigned hours 
is now considered to be in FPI work status. This amendment is intended 
to provide for administrative consistency in the operation of FPI 
inmate work assignments. The proviso pertinent to an inmate on medical 
idle due to an FPI work-related injury has been reworded for clarity of 
cross reference.

EFFECTIVE DATE: November 20, 1996.

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 Federal Prison Industries (FPI) Inmate Work Programs (28 
CFR part 345). A final rule on this subject was published in the 
Federal Register on March 27, 1995 (60 FR 15827).
    Under the previous definition of FPI Work Status in 
Sec. 345.11(c)(1), an inmate on sick call was not considered to be in 
FPI work status. In order to prevent inconsistencies in interpreting 
retention of benefit provisions, the Bureau is reversing this 
presumption and is revising paragraph (c)(1) to specify that an inmate 
is considered to be in FPI work status if he or she is on sick call 
during assigned hours. The status of an inmate on sick call with regard 
to retention of benefits is therefore consistent with the status of an 
inmate for the first thirty days on medical idle for an FPI work-
related injury.
    The work status of an inmate for the first thirty days on medical 
idle due to an FPI work-related injury was contingent upon the injury's 
being not intentional and not the result of a violation of safety 
regulations. This proviso has been reworded in order to refer more 
clearly to the pertinent provisions on inmate work safety standards in 
Sec. 345.40.
    Because this amendment either is editorial in nature or confers a 
benefit on its regulated public, 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. Because 
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, its economic impact is limited to the Bureau's 
appropriated funds.

List of Subjects in 28 CFR Part 345

    Prisoners.
Kathleen M. Hawk,
Director, Bureau of Prisons, and Commissioner of Federal Prison 
Industries.

    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 and the Board of Directors, Federal Prison Industries 
in 28 CFR 0.96(p) and 0.99, part 345 in chapter III of 28 CFR is 
amended as set forth below.

PART 345--FEDERAL PRISON INDUSTRIES (FPI) INMATE WORK PROGRAMS

    1. The authority citation for 28 CFR part 345 continues to read as 
follows:

    Authority: 18 U.S.C. 4126, 28 CFR 0.99, and by resolution of the 
Board of Directors of Federal Prison Industries, Inc.

    2. In Sec. 345.11, paragraph (c)(1) is revised to read as follows:


Sec. 345.11   Definitions.

* * * * *
    (c) * * *
    (1) An inmate is in FPI work status if on the job, on sick call 
during the inmate's assigned hours, on furlough, on vacation, for the 
first thirty days on writ, for the first 30 days in administrative 
detention, or for the first 30 days on medical idle for FPI work-
related injury so long as the injury did not result from an intentional 
violation by the inmate of work safety standards.
* * * * *
[FR Doc. 96-29640 Filed 11-19-96; 8:45 am]
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