Unknown. Final rule

4,435 words·~20 min read·/register/2005/05/20/05-10043·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

--- schema: federal-register doc_type: fedreg source_file: FR-2005-05-20.xml --- 70 97 Friday, May 20, 2005 Contents Agricultural Agricultural Marketing Service RULES Pears (winter) grown in— Oregon and Washington, 29388-29398 05-9961 PROPOSED RULES Milk marketing orders: Appalachian and Southeast, 29410-29428 05-9962 Agriculture Agriculture Department See Agricultural Marketing Service See Animal and Plant Health Inspection Service See Food and Nutrition Service See Food Safety and Inspection Service See Forest Service Animal Animal and Plant Health Inspection Service PROPOSED RULES Plant-related quarantine, foreign:

Wheat importation; flag smut-related prohibitions; proposed removal, 29212-29214 05-10094 NOTICES Environmental statements; availability, etc.: Garbage from Hawaii; interstate movement, 29269 05-10101 Reports and guidance documents; availability, etc.: National Animal Identification System; draft strategic plan and draft program standards, 29269-29270 05-10102 Arts Arts and Humanities, National Foundation See National Foundation on the Arts and the Humanities Blind Blind or Severely Disabled, Committee for Purchase From People Who Are See Committee for Purchase From People Who Are Blind or Severely Disabled Centers Centers for Medicare & Medicaid Services NOTICES Agency information collection activities; proposals, submissions, and approvals, 29313-29314 05-9642 05-10054 Children Children and Families Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 29314-29318 05-10121 05-10126 Grants and cooperative agreements; availability, etc.:

Community-Based Abstinence Education Program, 29318-29328 05-10105 Coast Guard Coast Guard RULES Ports and waterways safety; regulated navigation areas, safety zones, security zones, etc.: HOVENSA refinery facility waterfront area, St. Croix, VI, 29200-29202 05-10046 Portland Captain of Port Zone, OR, 29202 05-10141 Regattas and marine parades: Escape from Fort Delaware Triathlon, 29197-29199 05-10048 Fort Myers Beach Air Show, 29195-29197 05-10047 PROPOSED RULES Ports and waterways safety; regulated navigation areas, safety zones, security zones, etc.:

Milwaukee Harbor, WI, 29235-29237 05-10143 NOTICES Committees; establishment, renewal, termination, etc.: Commercial Fishing Industry Vessel Safety Advisory Committee, 29339-29340 05-10142 Commerce Commerce Department See Foreign-Trade Zones Board See International Trade Administration See National Institute of Standards and Technology See National Oceanic and Atmospheric Administration Committee for Purchase Committee for Purchase From People Who Are Blind or Severely Disabled NOTICES Procurement list; additions and deletions, 29274-29276 E5-2542 CITA Committee for the Implementation of Textile Agreements NOTICES Textile and apparel categories:

Commercial availability actions— Sub-Saharan; handloomed, handmade, or folklore articles, 29287-29288 E5-2559 Customs Customs and Border Protection Bureau NOTICES Trade name recordation applications: JOY ENTERPRISES, 29340 05-10079 Defense Defense Department NOTICES Federal Acquisition Regulation (FAR): Agency information collection activities; proposals, submissions, and approvals, 29288 05-10052 Meetings: Science Board task forces, 29288-29290 05-10155 05-10158 Education Education Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 29290-29292 05-10087 Grants and cooperative agreements; availability, etc.:

Elementary and secondary education— Small, Rural School Achievement Program, 29292-29293 05-10139 Meetings: Historically Black Colleges and Universities Capital Financing Advisory Board, 29293 05-10154 Employment Employment and Training Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 29365-29366 E5-2557 E5-2558 Employment Employment Standards Administration See Wage and Hour Division NOTICES Minimum wages for Federal and federally-assisted construction; general wage determination decisions, 29366-29367 05-9840 Energy Energy Department See Federal Energy Regulatory Commission EPA Environmental Protection Agency RULES Air pollutants, hazardous; national emission standards:

Iron and steel foundries, 29400-29405 05-9591 Air quality implementation plans; approval and promulgation; various States: Michigan, 29202-29207 05-10150 PROPOSED RULES Air pollutants, hazardous; national emission standards: Iron and steel foundries, 29406-29407 05-9592 Air quality implementation plans; approval and promulgation; various States; air quality planning purposes; designation of areas: Idaho, 29243-29252 05-10149 Air quality implementation plans; approval and promulgation; various States:

Michigan, 29238-29239 05-10151 Washington, 29239-29243 05-10148 NOTICES Agency information collection activities; proposals, submissions, and approvals, 29305-29307 05-10145 Environmental statements; availability, etc.: Agency statements Comment availability, 29307-29308 05-10111 Weekly receipts, 29307 05-10110 Grants, States and local assistance: Grantee performance evaluation reports— Various States, 29308 05-10146 Meetings: Acute Exposure Guideline Levels for Hazardous Substances National Advisory Committee, 29309 05-10131 Pesticide registration, cancellation, etc.:

Gametrics Ltd. et al., 29309-29311 05-10133 Superfund; response and remedial actions, proposed settlements, etc.: Li Tungsten Site, NY, 29312 05-10144 Pittsburgh Metal & Equipment Site, NJ, 29312-29313 05-10147 Executive Executive Office of the President See Presidential Documents FAA Federal Aviation Administration NOTICES Reports and guidance documents; availability, etc.: Chicago O’Hare International Airport, IL; new runways and associated development, 29374 05-10132 Transport category airplanes— Seats, berths, safety belts, and harnesses requirements; conducting component level tests to demonstrate compliance; policy statement, 29374-29375 05-10134 Technical standard orders:

Galley carts and containers, 29375 05-10135 FCC Federal Communications Commission PROPOSED RULES Common carrier services: Satellite Home Viewer Extension and Reauthorization Act of 2004 (SHVERA) implementation— Section 338 of the Communications Act; amendments; correction, 29252-29253 05-10227 NOTICES Rulemaking proceedings; petitions filed, granted, denied, etc., 29313 05-9108 Federal Emergency Federal Emergency Management Agency NOTICES Disaster and emergency areas: Florida, 29340-29341 05-10081 05-10083 Federal Energy Federal Energy Regulatory Commission NOTICES Electric rate and corporate regulation filings, 29299-29302 E5-2546 E5-2566 Hydroelectric applications, 29302-29304 E5-2532 E5-2547 Meetings:

Energy Infrastructure and Investment in California, California Independent System Operator Corp.; technical conference, 29304-29305 E5-2555 Liberty Gas Storage, LLC; Calcasieu and Beauregard Parishes, LA; site visit, 29305 E5-2541 Northwest Natural Gas Co.; technical conference, 29305 E5-2548 *Applications, hearings, determinations, etc.:* ANR Pipeline Co., 29293-29294 E5-2543 Columbia Gas Transmission Corp., 29294 E5-2554 Discovery Gas Transmission LLC, 29294 E5-2544 El Paso Natural Gas Co., 29294-29295 E5-2549 Entergy Services, Inc., 29295 E5-2535 Florida Power Corp., et al., 29295 E5-2536 LG & E Marketing, Inc., et al., 29295 E5-2538 Major Lending, LLC, 29295-29296 E5-2540 Midwest Independent Transmission System Operator, Inc., et al., 29296 E5-2545 North Baja Pipeline, LLC, 29296 E5-2552 PacificCorp et al., 29296-29297 E5-2537 San Joaquin Cogen, L.L.C., 29297 E5-2539 Southern Companies Energy Marketing, Inc., et al., 29297 E5-2534 Southern Company Services, Inc., 29297 E5-2533 TransColorado Gas Transmission Co., 29297-29298 E5-2553 Transcontinental Gas Pipe Line Corp., 29298-29299 E5-2551 Federal Highway Federal Highway Administration NOTICES Environmental statements; notice of intent:

Nueces County, TX, 29375-29376 05-10055 Fish Fish and Wildlife Service PROPOSED RULES Endangered and threatened species: Findings on petitions, etc.— Pygmy rabbit, 29253-29265 05-10056 NOTICES Endangered and threatened species and marine mammal permit applications, 29362-29363 05-10096 Food Food and Drug Administration PROPOSED RULES Food for human consumption: Food standards; general principles, 29214-29235 05-9958 NOTICES Center for Food Safety and Applied Nutrition; program priorities:, 29328-29329 05-10033 Human drugs:

Drug products withdrawn from sale for reasons other than safety or effectiveness— ZITHROMAX 250-milligram oral capsules, 29329-29330 05-10032 Food Food and Nutrition Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 29270-29271 05-10051 Food Food Safety and Inspection Service PROPOSED RULES Meat and poultry inspection: Food standards; general principles, 29214-29235 05-9958 MISSING FOR: Foreign-Trade Zones Board Foreign-Trade Zones Board NOTICES *Applications, hearings, determinations, etc.:* Connecticut Pfizer, Inc.; pharmaceuticals/animal health products manufacturing facilities, 29276 05-10030 Illinois, 29277 05-10031 Louisiana, 29277 05-10029 North Dakota, 29277-29278 05-10028 Forest Forest Service NOTICES Environmental statements; notice of intent:

Chequamegon-Nicolet National Forest, WI, 29271-29272 05-10078 Humboldt-Toiyabe National Forest, CA and NV; Great Basin South Rangeland Project, 29272-29273 05-9878 Meetings: National Urban and Community Forestry Advisory Council, 29273 05-10084 Resource Advisory Committees— Trinity County, 29273-29274 05-10077 GSA General Services Administration NOTICES Federal Acquisition Regulation (FAR): Agency information collection activities; proposals, submissions, and approvals, 29288 05-10052 Geological Geological Survey NOTICES Agency information collection activities; proposals, submissions, and approvals, 29363 05-10152 Health Health and Human Services Department See Centers for Medicare & Medicaid Services See Children and Families Administration See Food and Drug Administration See Health Resources and Services Administration See National Institutes of Health Health Health Resources and Services Administration NOTICES Meetings:

Rural Health and Human Services National Advisory Committee, 29330 05-10098 Homeland Homeland Security Department See Coast Guard See Customs and Border Protection Bureau See Federal Emergency Management Agency Housing Housing and Urban Development Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 29341-29343 E5-2524 05-10039 05-10040 Grants and cooperative agreements; availability, etc.: America's Affordable Communities Initiative, 29343-29360 05-10041 Homeless assistance; excess and surplus Federal properties, 29360-29361 05-9832 Indian Indian Affairs Bureau NOTICES Environmental statements; notice of intent:

Estom Yumeka Maidu Tribe, Yuba County, CA; fee-to-trust transfer and casino and hotel project, 29363-29364 05-10138 Interior Interior Department See Fish and Wildlife Service See Geological Survey See Indian Affairs Bureau See Land Management Bureau RULES Acquisition regulations: Woody biomass utilization, 29208-29211 05-10095 NOTICES Meetings: California Desert District Advisory Council, 29362 05-10092 IRS Internal Revenue Service NOTICES Grants and cooperative agreements; availability, etc.:

Low Income Taxpayer Clinic Grant Program, 29376-29377 05-10170 Meetings: Taxpayer Advocacy Panels, 29377 05-10171 International International Trade Administration NOTICES Antidumping: Cased pencils from— China, 29278 E5-2560 Polyethylene terephthalate film, sheet, and strip from— India, 29278-29279 E5-2523 Meetings: President's Export Council, 29279 05-10169 International International Trade Commission NOTICES Import investigations: Fresh and chilled Atlantic salmon from— Norway, 29364 05-10103 Sodium thiosulfate from— Various countries, 29364-29365 05-10104 Meetings;

Sunshine Act, 29365 05-10175 Justice Justice Department See Prisons Bureau Labor Labor Department See Employment and Training Administration See Employment Standards Administration See Wage and Hour Division Land Land Management Bureau RULES General management: Land use planning Correction, 29207-29208 05-10015 NOTICES Coal leases, exploration licenses, etc.: Washington; correction, 29364 05-10093 Legal Legal Services Corporation NOTICES Reports and guidance documents; availability, etc.:

Regulatory agenda (2005-2006), development; comment request, 29368 05-10059 Strategic directions (2006-2010), development; comment request, 29368-29369 05-10060 NASA National Aeronautics and Space Administration NOTICES Federal Acquisition Regulation (FAR): Agency information collection activities; proposals, submissions, and approvals, 29288 05-10052 National Foundation National Foundation on the Arts and the Humanities NOTICES Grants and cooperative agreements; availability, etc.:

Access to government information and services at public libraries and public access computing centers; user satisfaction study, 29369 05-10100 Meetings: Humanities Panel, 29369 05-10050 National Institute National Institute of Standards and Technology NOTICES Meetings: Information Security and Privacy Advisory Board, 29279 05-10097 NIH National Institutes of Health NOTICES Grants and cooperative agreements; availability, etc.: Cocaine and methamphetamine dependence; research and development of vigabatrin as potential pharmacotherapy treatment, 29330-29332 05-10066 Inventions, Government-owned; availability for licensing, 29332-29336 05-10064 05-10065 Meetings:

National Cancer Institute, 29336-29337 05-10073 National Center for Complementary and Alternative Medicine, 29337 05-10075 National Institute of Allergy and Infectious Diseases, 29337-29338 05-10072 National Institute of Arthritis and Musculoskeletal and Skin Diseases, 29338 05-10069 National Institute of General Medical Sciences, 29338-29339 05-10074 National Institute of Mental Health, 29337-29338 05-10068 National Institute on Deafness and Other Communication Disorders, 29339 05-10076 NOAA National Oceanic and Atmospheric Administration PROPOSED RULES Fishery conservation and management:

Northeastern United States fisheries— Atlantic deep-sea red crab, 29265-29268 05-10130 Land Remote Sensing Policy Act of 1992: Private land remote-sensing space systems; licensing requirements, 29380-29386 05-9983 NOTICES Coastal zone management programs and estuarine sanctuaries: State programs— Intent to evaluate performance, 29280 05-10161 Damage Assessment and Restoration Program; indirect cost rates (2003 FY), 29280-29281 05-10162 Endangered and threatened species: Anadromous fish take— Idaho Fish and Game Department, Snake River salmonids, 29281-29282 05-10128 Washington Fish and Wildlife Department et al.;

Pacific salmon, 29282-29283 05-10129 Meetings: Gulf of Mexico Fishery Management Council, 29283-29284 E5-2530 New England Fishery Management Council, 29284 E5-2565 North Pacific Fishery Management Council, 29284-29285 E5-2529 Sea turtle release protocol workshops, 29285-29286 05-10127 South Atlantic Fishery Management Council, 29286-29287 E5-2527 Nuclear Nuclear Regulatory Commission NOTICES *Applications, hearings, determinations, etc.:* Southern Nuclear Operating Co., Inc., 29369-29370 E5-2556 Presidential Presidential Documents ADMINISTRATIVE ORDERS Government agencies and employees:

Office of Management and Budget; assignment of function to submit a report to the Director (Memorandum of May 13, 2005), 29429-29431 05-10284 Iraq; continuation of the national emergency protecting the Development Fund for Iraq and certain other property (Notice of May 19, 2005), 29433-29436 05-10373 Prisons Prisons Bureau RULES Inmate control, custody, care, etc.: Emergency operations, 29189-29191 05-10043 Infectious disease management; voluntary and involuntary testing, 29191-29194 05-10042 Over-the-counter

(OTC)medications; inmate access; technical correction, 29194-29195 05-10044 Release transportation regulations; release gratuities; clarification, 29195 05-10045 SEC Securities and Exchange Commission NOTICES Agency information collection activities; proposals, submissions, and approvals, 29370 05-10172 Meetings; Sunshine Act, 29370-29371 05-10173 Self-regulatory organizations; proposed rule changes: Pacific Exchange, Inc., 29371-29373 E5-2525 Surface Surface Transportation Board NOTICES Railroad operation, acquisition, construction, etc.: Central of Georgia Railroad Co., 29376 05-9993 Textile Textile Agreements Implementation Committee See Committee for the Implementation of Textile Agreements Transportation Transportation Department See Federal Aviation Administration See Federal Highway Administration See Surface Transportation Board NOTICES Aviation proceedings: Agreements filed, etc., 29373 05-10090 Certificates of public convenience and necessity and foreign air carrier permits; weekly applications, 29373-29374 05-10088 Treasury Treasury Department See Internal Revenue Service Wage Wage and Hour Division NOTICES Committees; establishment, renewal, termination, etc.: All Industries in American Samoa Special Industry Committee, 29368 05-10099 Separate Parts In This Issue Part II Commerce Department, National Oceanic and Atmospheric Administration, 29380-29386 05-9983 Part III Agriculture Department, Agricultural Marketing Service, 29388-29398 05-9961 Part IV Environmental Protection Agency, 29400-29407 05-9591 05-9592 Part V Agriculture Department, Agricultural Marketing Service, 29410-29428 05-9962 Part VI Executive Office of the President, Presidential Documents, 29429-29431 05-10284 Part VII Executive Office of the President, Presidential Documents, 29433-29436 05-10373 Reader Aids Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, reminders, and notice of recently enacted public laws. To subscribe to the Federal Register Table of Contents LISTSERV electronic mailing list, go to http://listserv.access.gpo.gov and select Online mailing list archives, FEDREGTOC-L, Join or leave the list (or change settings); then follow the instructions. 70 97 Friday, May 20, 2005 Rules and Regulations DEPARTMENT OF JUSTICE Bureau of Prisons 28 CFR Part 501 [BOP Docket No. 1117-F] RIN 1120-AB17 Bureau of Prisons Emergencies AGENCY: Bureau of Prisons, Justice. ACTION: Final rule. SUMMARY: The Bureau of Prisons (Bureau) makes this final rule to clarify that, when there is an institutional or system-wide Bureau emergency which the Director or designee considers a threat to human life or safety, the Director or designee may suspend the operation of the rules in this chapter as necessary to handle the emergency. This rule clarifies that the Director may suspend Bureau rules as needed in light of any emergency affecting the Bureau, and the Warden may do so to deal with emergencies at the institution level. This rule change clarifying the Director's authority to modify Bureau rules to handle emergencies is especially necessary in light of the recent terrorist attacks, threats to national security, threats of anthrax surrounding mail processing, and other events occurring on and after September 11, 2001. DATES: This rule is effective June 20, 2005. ADDRESSES: Rules Unit, Office of General Counsel, Bureau of Prisons, 320 First Street, NW., Washington, DC 20534. FOR FURTHER INFORMATION CONTACT: Sarah Qureshi, Office of General Counsel, Bureau of Prisons, phone

(202)307-2105. SUPPLEMENTARY INFORMATION: In this document, the Bureau finalizes an interim final rule we published on this subject on April 16, 2003 (68 FR 18544). This Final rule clarifies that, when there is an institutional or system-wide Bureau emergency which the Director or designee considers a threat to human life or safety, the Director or designee may suspend the operation of the rules in this chapter as necessary to handle the emergency. This rule change clarifying the Director's authority to modify Bureau rules to handle emergencies is especially necessary in light of the continued threats of terrorist attacks, dangers to national security, and other events occurring on and after September 11, 2001. Response to Comments We received a total of four comments which raised similar issues. We will therefore address each of the issues raised instead of addressing each comment separately. Authority To Suspend Rules One commenter claimed that “[t]here is no authority to suspend the rules.” This rule was promulgated on June 29, 1979 (44 FR 38244) and proposed on May 23, 1977 (42 FR 26334), along with several other core Bureau regulations. There were no amendments made to this rule after 1979, until the interim final rule was published in 2003. When we proposed this rule in 1977, we referred to 18 U.S.C. 4001 and 4042 as the authority for the rule. 18 U.S.C. 4001(b)(1) states that the Attorney General “shall promulgate rules for the government” of Federal penal and correctional institutions. Subsection (b)(2) also gives the Attorney General the authority to “provide for [inmates'] proper government, discipline, treatment, care, rehabilitation, and reformation.” The Attorney General delegates these statutory rulemaking and custodial authorities to the Director of the Federal Bureau of Prisons in 28 CFR 0.96(o). 18 U.S.C. 4042(a) gives the Director of the Bureau of Prisons the authority to manage and regulate all Federal penal and correctional institutions and provide for the “safekeeping, care and subsistence” of inmates. The Bureau's authority to promulgate rules, together with its authority to provide for the care and safekeeping of inmates, gives the Bureau implicit authority to create a rule that allows for the suspension of other rules as necessary in the limited situation of an emergency that threatens human life or safety. Notice to Inmates A commenter suggested that when rules are suspended, inmates should receive notice of the suspension immediately, including a description of the rules being suspended, a clear reason for the suspension and authority for suspension. Because the reason for suspending the rules will necessarily involve an emergency, it will not always be practical or possible to provide notice to inmates of the specific circumstances surrounding suspension. However, the Bureau intends that inmates will be notified as soon as practicable of the suspension. Administrative Remedies Two commenters incorrectly assume that there is no way for an inmate to grieve a suspension of the rules. One commenter asked, “If the rules are suspended, does BOP waive any claim to administrative remedies regarding any incident occurring during the suspension period?” The Bureau will not waive claim to administrative remedies because inmates are permitted to follow the Administrative Remedy rules as set forth in 28 CFR part 542 to register complaints regarding incidents occurring during the suspension period. Freedom of Information Act A commenter asked whether the notice of suspension of rules, provided by the Warden to the Director, would be subject to release under the Freedom of Information Act (FOIA). The Warden's notice to the Director regarding suspension of the rules will be treated as any other Bureau document for the purposes of FOIA. Certain FOIA exemptions may apply, depending on the content of the notice. Suspension of Rules Relating to Inmate Rights Three commenters claimed that rule suspension would mean denial of Constitutional rights, such as attorney visits or other due process. Commenters asserted that there should never be a suspension of rules relating to other inmate programs or privileges, such as the Inmate Financial Responsibility Program, religious programs, institutional lock-downs, meal service and hygiene allowances. The Bureau intends that any suspension would be limited to those rules that are directly impacted or affected by the emergency necessitating suspension. As stated in the rule, no Bureau rules would be suspended unless there is a threat to human life or safety. In no situation would inmates be deprived of rights in a manner that violates the Constitution. *See Turner* v. *Safely,* 482 U.S. 78, 107 S.Ct. 2254, 96 L.Ed.2d 64 (1987). 30-Day Review of Suspension Is Not Frequent Enough One commenter opined that more safeguards are needed to ensure that a prisoner's rights are not violated. The “removal or limitation of certain privileges * * * warrant[s] increased scrutiny. This * * * can be accomplished by shortening the 30 day time frame the Warden is given to certify to the Director that the institutional emergency still exist[s] and that suspension of the rules is necessary, while giving the prisoner an increased level of scrutiny by the Director.” After internal deliberation, we determined that the 30-day period of review and reporting to the Director regarding suspensions of rules is the best time frame alternative. Requiring the Warden to report more frequently than every 30 days would impose an obligation on the Warden and institution staff when their efforts should be on removing the emergency conditions which necessitated suspension of the rules in the first place. The commenter posits that a shorter time frame for reporting would result in an “increased level of scrutiny by the Director.” However, if an institutional or system-wide emergency arises causing suspension of rules, the Director and Bureau executives would necessarily be in constant contact with staff at any locations where rules are suspended, working to remove the emergency. The Bureau's “level of scrutiny” would already be heightened. Further, as stated earlier, the Bureau intends that any suspension would be limited to those rules that are directly impacted or affected by the emergency necessitating suspension. To the extent that suspension is necessary to handle an emergency situation, prisoner's rights would not be compromised. Director Should Report to the Attorney General One commenter felt that suspension of the rules “should be reported to the Attorney General, subject to his review, in the same format as outlined [for the Warden to report to the Director].” The Attorney General has delegated to the Director of the Bureau of Prisons the authority to promulgate rules “governing the control and management of Federal penal and correctional institutions and providing for the classification, government, discipline, treatment, care, rehabilitation, and reformation of inmates confined therein,” (28 CFR 0.96), as further authorized by 18 U.S.C. 4001, 4041, and 4042. The Attorney General does not require the Director therefore to report suspension of the rules because the Director has been given authority to oversee and monitor such suspension. Report Criteria Finally, one commenter suggested that when the Warden reports a suspension to the Director, the Warden should be required to report “how long the suspension of the rules will last and what criteria must be fulfilled in order to end the suspension. This would provide interested parties with an idea of how and when to expect the restoration of the rules. Requiring this component in a report would help inmates and their families to understand why rules have been suspended and would enhance the policy process by providing defined criteria for resumption of normal operations.” We agree and therefore have added the two requested criteria to the rule in § 501.1(b)(1), subparagraphs

(iii)and (iv). Under the revised rule, if the Warden suspends operation of the rules, the Warden must, within 24 hours of the suspension or as soon as practicable, notify the Director by providing written documentation which not only describes the emergency and gives reasons why suspension of rules is necessary, but also estimates how long the suspension will last and describes criteria which would allow normal rules application to resume. 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 13132 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, under Executive Order 13132, we determine 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, under the Regulatory Flexibility Act (5 U.S.C. 605(b)), reviewed this regulation and by approving it certifies that it 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 § 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. List of Subjects in 28 CFR Part 501 Prisoners. Harley G. Lappin, Director, Bureau of Prisons. Under the rulemaking authority vested in the Attorney General in 5 U.S.C 301; 28 U.S.C. 509, 510 and delegated to the Director, Bureau of Prisons, in 28 CFR 0.96, we amend 28 CFR part 501 as follows. SUBCHAPTER A—GENERAL MANAGEMENT AND ADMINISTRATION PART 501—SCOPE OF RULES 1. The authority citation for 28 CFR part 501 continues to read as follows: 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 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. 2. Revise § 501.1 to read as follows: SUBCHAPTER A—GENERAL MANAGEMENT AND ADMINISTRATION PART 501—SCOPE OF RULES § 501.1 Bureau of Prisons emergencies.

(a)*Suspension of rules during an emergency.* The Director of the Bureau of Prisons (Bureau) may suspend operation of the rules in this chapter as necessary to handle an institutional emergency or an emergency affecting the Bureau. When there is an institutional emergency which the Director or Warden considers a threat to human life or safety, the Director or Warden may suspend the operation of the rules in this chapter as necessary to handle the emergency.

(b)*Responsibilities of the Warden.*

(1)*Notifying the Director.* If the Warden suspends operation of the rules, the Warden must, within 24 hours of the suspension or as soon as practicable, notify the Director by providing written documentation which:

(i)Describes the institutional emergency that threatens human life or safety;

(ii)Sets forth reasons why suspension of the rules is necessary to handle the institutional emergency;

(iii)Estimates how long suspension of the rules will last; and

(iv)Describes criteria which would allow normal rules application to resume.

(2)*Submitting certification to Director of continuing emergency.* 30 days after the Warden suspends operation of the rules, and every 30 days thereafter, the Warden must submit to the Director written certification that an institutional emergency threatening human life or safety and warranting suspension of the rules continues to exist. If the Warden does not submit this certification to the Director, or if the Director so orders at any time, the suspension of the rules will cease. [FR Doc. 05-10043 Filed 5-19-05; 8:45 am]

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