Furloughs; Transportation Costs

DEPARTMENT OF JUSTICE

Bureau of Prisons

28 CFR Part 570

[BOP-1005-F]

RIN 1120-AA10

Furloughs; Transportation Costs

AGENCY: Bureau of Prisons, Justice.

ACTION: Final rule.

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SUMMARY: In this document the Bureau of Prisons is amending its rule on

furloughs. Section 570.33(c) contained provisions governing the choice

of transportation for transfers to community corrections centers. As

revised, these provisions have been simplified to indicate that an

inmate may choose the means of transportation if all transportation

costs are to be borne by the inmate. The intended effect of the

amendment is to reduce costs to the Bureau.

EFFECTIVE DATE: November 28, 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 furloughs. A final rule on this subject was published in

the Federal Register July 1, 1981 (46 FR 34552) and was amended

September 30, 1983 (48 FR 45051) and January 21, 1994 (59 FR 3510).

A proposed rule was published in the Federal Register January 21,

1994 (59 FR 3512) for the purpose of amending the provisions in

Sec. 570.33(c) which state that the Warden may allow an inmate

scheduled for transfer to a community corrections center (CCC) to

choose the means of transportation to the CCC. Under these provisions,

the inmate paid all costs when the distance travelled was not over 150

miles, but the inmate merely paid the difference in cost when the

distance was over 150 miles and the inmate preferred to travel by plane

rather than by public ground transportation. As proposed for revision,

paragraph (c) was simplified to indicate that an inmate may choose the

means of transportation if all transportation costs are to be borne by

the inmate.

The comment period closed on March 22, 1994. The Bureau received no

comment on this rulemaking, and the Bureau is therefore adopting the

proposed amendment as a final rule without change.

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 570

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 570 in subchapter D of 28

CFR, chapter V is amended as set forth below.

SUBCHAPTER D--COMMUNITY PROGRAMS AND RELEASE

PART 570--COMMUNITY PROGRAMS

1. The authority citation for 28 CFR part 570 continues to read as

follows:

Authority: 5 U.S.C. 301; 18 U.S.C. 751, 3621, 3622, 3624, 4001,

4042, 4081, 4082 (Repealed in part as to offenses committed on or

after November 1, 1987), 4161-4166, 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. 570.33, paragraph (c) is revised to read as follows:

Sec. 570.33 Expenses of furlough.

* * * * *

(c) The Warden may allow an inmate scheduled for transfer to a

community corrections center (CCC) to choose the means of

transportation to the CCC if all transportation costs are borne by the

inmate. An inmate traveling under these provisions is expected to go

directly as scheduled from the institution to the CCC.

[FR Doc. 94-26671 Filed 10-26-94; 8:45 am]

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