Federal Register - October 12, 2021
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Source: Federal Register
56645
Rules and Regulations
Federal Register Vol. 86, No. 194
Tuesday, October 12, 2021
This section of the FEDERAL REGISTER
contains regulatory documents having general applicability and legal effect, most of which are keyed to and codified in the Code of Federal Regulations, which is published under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
10 CFR Part 52
28 CFR Part 2
Docket No. USPC202106
RIN 1104AA11
United States Parole Commission, Justice.
ACTION: Final rule.
AGENCY:
NRC20200269
RIN 3150AK56
Extending the Duration of the AP1000
Design Certification Correction In rule document 202120226, appearing on pages 5259352599, in the issue of Wednesday, September 22, 2021, make the following corrections:
Appendix D to Part 52Design Certification Rule for the AP1000
Design Corrected 1. On page 52599, in the first column, under section V. Applicable Regulations, A. The regulations that apply to . . .
should read:
A.
3. The regulations that apply to . . .
2. On page 52599, in the first column, under section VI. Issue Resolution, B. All nuclear safety issues, except . . .
should read:
B.
1. All nuclear safety issues, except . . .
FR Doc. C1202120226 Filed 10821; 8:45 am BILLING CODE 009910P
15:55 Oct 08, 2021
Parole Commission
Paroling, Recommitting, and Supervising Federal Prisoners:
Prisoners Serving Sentences Under the United States and District of Columbia Codes
NUCLEAR REGULATORY
COMMISSION
VerDate Sep<11>2014
DEPARTMENT OF JUSTICE
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The United States Parole Commission is amending its rules concerning cases designated as Original Jurisdiction to eliminate the designation, voting, appeal, and early termination of parole procedures. After these amendments, cases currently designated as Original Jurisdiction will have that designation removed and the voting procedures, appeals, and early termination process will proceed in the same manner as federal parole cases not previously designated as Original Jurisdiction.
DATES: Effective October 12, 2021.
FOR FURTHER INFORMATION CONTACT:
Gregory Thornton, Assistant General Counsel, U.S. Parole Commission, 90 K
Street NE, Third Floor, Washington, DC
20530, telephone 202 3467033.
Questions about this publication are welcome, but inquiries concerning individual cases cannot be answered over the telephone.
SUPPLEMENTARY INFORMATION: Rule 28
CFR 2.17 governs Original Jurisdiction cases. In essence, 28 CFR
2.17 allowed a Regional Commissioner to refer high profile or complex cases to the Commissions National Commissioners for a majority vote. The purpose of the rule was to ensure consistency in Commission decisions while also allowing the National Commissioners to set the Commissions national policy. All Commissioners are now National Commissioners and there are no longer differences in decision making by region. Therefore, the utility of 28 CFR 2.17 no longer exists.
Likewise, rule 28 CFR 2.24b1
explains the process for designating a case as Original Jurisdiction.
SUMMARY:
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Removing 28 CFR 2.17 makes this rule meaningless and it must be removed as well.
Similarly, rule 28 CFR 2.27 governs petitions for reconsideration of cases decided under the Original Jurisdiction procedures stated in 28
CFR 2.17. With the amendment to 28
CFR 2.17 which eliminates Original Jurisdiction cases after the publication of the final rule, there is no further purpose to 28 CFR 2.27. Federal parole eligible inmates and parolees will still have the ability to submit an administrative appeal pursuant to 28
CFR 2.26.
Additionally, rule 28 CFR 2.28a merely makes reference to Original Jurisdiction cases and this amendment removes the reference to Original Jurisdiction cases as that designation no longer exists.
Finally, rule 28 CFR 2.43 governs how the U.S. Parole Commission can terminate parole supervision before the date of the expiration of the criminal sentence. In particular, 28 CFR 2.43f explains that the voting procedure for terminating parole supervision early for a case designated as Original Jurisdiction must comply with the requirements of 28 CFR 2.17. With the removal of 28 CFR 2.17 which eliminates Original Jurisdiction cases after the publication of the final rule, there is no further purpose to 28 CFR
2.43f because no cases will remain designated as Original Jurisdiction.
Similarly, 28 CFR 2.43e states the procedure for appealing an adverse early termination decision and makes reference to the Original Jurisdiction appeal procedure as stated in 28 CFR
2.27. With the rule changes eliminating Original Jurisdiction designations and thus Original Jurisdiction voting and appellate procedures, modifying 28 CFR
2.43e and f to eliminate reference to Original Jurisdiction procedures is appropriate.
The amended rules will take effect upon publication in the Federal Register and will apply to the cases designated as Original Jurisdiction on the effective date.
Executive Orders 12866 and 13563
These regulations have been drafted and reviewed in accordance with Executive Order 12866, Regulation Planning and Review, section 1b, Principles of Regulation, and in accordance with Executive Order 13565,
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