Release Gratuities, Transportation, and Clothing: Aliens

SUMMARY: In this document, the Bureau of Prisons is proposing to amend

its regulations on release gratuities, transportation, and clothing to

limit the release gratuity available to aliens. Only aliens released to

immigration authorities for the purpose of release or transfer to a

community corrections center will be provided $10 cash. Aliens being

released for the purpose of deportation, exclusion, or removal, or

aliens detained or serving 60 days or less in a contract facility will

not receive a release gratuity of $10. This amendment is intended to

reduce costs by providing the $10 gratuity only to those aliens whom

the Bureau determines have a need for a gratuity.

DATES: Comments due by December 3, 1999.

ADDRESSES: Rules Unit, 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 proposing to amend

its regulations on release gratuities, transportation, and clothing (28

CFR 571, subpart C). Current regulations on this subject were published

in the Federal Register on May 21, 1991 (56 FR 23480) and were amended

on September 10, 1996 (61 FR 47795).

Current provisions on release gratuities in Sec. 571.21(e) specify

that with the exception of aliens serving 60 days or less in contract

facilities, each alien released to immigration authorities is to have

$10 cash. The Bureau is proposing that aliens being released for the

purpose of deportation, exclusion, or removal not be provided a $10

gratuity. As these inmates are to become the responsibility of the

Immigration and Naturalization Service, providing a $10 gratuity from

the Bureau is not appropriate.

Interested persons may participate in this proposed rulemaking by

submitting data, views, or arguments in writing to the Rules Unit,

Office of General Counsel, Bureau of Prisons, 320 First Street, NW.,

HOLC Room 754, Washington, DC 20534. Comments received during the

comment period will be considered before final action is taken.

Comments received after the expiration of the comment period will be

considered to the extent practicable. All comments received remain on

file for public inspection at the above address. The proposed rule may

be changed in light of the comments received. No oral hearings are

contemplated.

Executive Order 12866

This rule falls within a category of actions that the Office of

Management and Budget (OMB) has determined not to constitute

``significant regulatory actions'' under section 3(f) of Executive

Order 12866 and, accordingly, it was not reviewed by OMB.

Executive Order 12612

This regulation will not have substantial direct effects on the

States, on the relationship between the national government and the

States, or on distribution of power and responsibilities among the

various levels of government. Therefore, in accordance with Executive

Order 12612, it is determined that this rule does not have sufficient

federalism implications to warrant the preparation of a Federalism

Assessment.

Regulatory Flexibility Act

The Director of the Bureau of Prisons, in accordance with the

Regulatory Flexibility Act (5 U.S.C. 605(b)), has reviewed this

regulation and by approving it certifies that this regulation will not

have a significant economic impact upon a substantial number of small

entities for the following reasons: 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, and its

economic impact is limited to the Bureau's appropriated funds.

Unfunded Mandates Reform Act of 1995

This rule will not result in the expenditure by State, local and

tribal governments, in the aggregate, or by the private sector, of

$100,000,000 or more in any one year, and it will not significantly or

uniquely affect small governments. Therefore, no actions were deemed

necessary under the provisions of the Unfunded Mandates Reform Act of

1995.

Small Business Regulatory Enforcement Fairness Act of 1996

This rule is not a major rule as defined by Sec. 804 of the Small

Business Regulatory Enforcement Fairness Act of 1996. This rule will

not result in an annual effect on the economy of $100,000,000 or more;

a major increase in costs or prices; or significant adverse effects on

competition, employment, investment, productivity, innovation, or on

the ability of United States-based companies to compete with foreign-

based companies in domestic and export markets.

Plain Language Instructions

We try to write clearly. If you can suggest how to improve the

clarity of these regulations, call or write Roy Nanovic at the address

listed above.

List of Subjects in 28 CFR Part 571

Prisoners.

Kathleen Hawk Sawyer,

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(o), part 551 in subchapter C of 28

CFR, chapter V is proposed to be amended as set forth below.

SUBCHAPTER D--COMMUNITY PROGRAMS AND RELEASE

PART 571--RELEASE FROM CUSTODY

1. The authority citation for 28 CFR part 571 continues to read as

follows:

Authority: 5 U.S.C. 301; 18 U.S.C. 3565; 3568-3569 (Repealed in

part as to offenses committed on or after November 1, 1987), 3582,

3621, 3622, 3624, 4001, 4042, 4081, 4082 (Repealed in part as to

offenses committed on or after November 1, 1987), 4161-4166 and

4201-4218 (Repealed as to offenses committed on or after November 1,

1987), 5006-5024 (Repealed October 12, 1984, as to offenses

committed after that date), 5031-5042; 28 U.S.C. 509, 510; U.S.

Const., Art. II, Sec. 2; 28 CFR 0.95-0.99, 1.1-1.10.

2. In Sec. 571.21, paragraph (e) is revised to read as follows:

Sec. 571.21 Procedures.

* * * * *

(e) Staff will ensure that each alien released to immigration

authorities for the purpose of release or transfer to a community

corrections center has $10 cash. This provision does not apply to

aliens being released for the purpose of deportation, exclusion, or

removal, or to

[[Page 53873]]

aliens detained or serving 60 days or less in contract facilities.

[FR Doc. 99-25726 Filed 10-1-99; 8:45 am]

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