AGENCY:

United States Parole Commission, Justice.

ACTION:

Final rule.

SUMMARY:

The United States Parole Commission is amending its regulations and eliminating the term “Executive Hearing Officer” in order to allow for more clarity.

DATES:

The regulation is effective August 22, 2019.

FOR FURTHER INFORMATION CONTACT:

Helen Krapels, General Counsel, U.S. Parole Commission, 90 K Street NE, Third Floor, Washington, DC 20530, telephone (202) 346-7030. Questions about this publication are welcome, but inquiries concerning individual cases cannot be answered over the telephone.

SUPPLEMENTARY INFORMATION:

The United States Parole Commission is adopting final rules to amend its rules describing the delegation to hearing examiners in § 2.23 and also the hearing procedures for prisoners transferred pursuant to treaty in § 2.68. The amendments are part of our ongoing effort to make our rules easier to understand for those persons affected by the rules and other interested persons and organizations.

More specifically, both of these rule amendments involve the term “Executive Hearing Examiner.” This term is not defined in the regulations and is not clearly translatable to the agency. The agency has interpreted the term to refer to the role of the person who is reviewing the case as the second hearing examiner, and not the actual title of a person's position. Therefore, whomever is reviewing the case as a second hearing examiner, is considered the Executive Hearing Examiner. An amendment of the regulations that removes the reference to the Executive Hearing Examiner will help clarify that any of the agency's hearing examiners can be the second vote on the hearing examiner panel, and there is no requirement for someone with the title of Executive Hearing Examiner or a senior hearing examiner to review the case before it is submitted to the Commission.

Public Comment

In the notice of proposed rulemaking, we encourage the public to comment on our proposed changes. However, regarding these final rule amendments, only the terminology is changed and the term “Executive Hearing Examiner” is removed for clarity. The way that the actual hearings are conducted, and by whom, is not affected by these rule amendments. Thus, public comment is not required in this matter and the amended rules will take effect upon publication in the Federal Register.

Executive Orders 12866 and 13563

These regulations have been drafted and reviewed in accordance with Executive Order 12866, “Regulation Planning and Review,” section 1(b), Principles of Regulation, and in accordance with Executive Order 13565, “Improving Regulation and Regulatory Review,” section 1(b), General Principles of Regulation. The Commission has determined that these rules are not a “significant regulatory action” under Executive Order 12866, section 3(f), Regulatory Planning and Review, and accordingly these rules have not been reviewed by the Office of Management and Budget.

Executive Order 13132

These rules will not have substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. Under Executive Order 13132, these rules do not have sufficient federalism implications requiring a Federalism Assessment.

Regulatory Flexibility Act

These rules will not have a significant economic impact upon a substantial number of small entities within the meaning of the Regulatory Flexibility Act, 5 U.S.C. 605(b).

Unfunded Mandates Reform Act of 1995

These rules will not cause State, local, or tribal governments, or the private sector, to spend $100,000,000 or more in any one year, and it will not significantly or uniquely affect small governments. No action under the Unfunded Mandates Reform Act of 1995 is necessary.

Small Business Regulatory Enforcement Fairness Act of 1996 (Subtitle E—Congressional Review Act)

None of these rules are a “major rule” as defined by Section 804 of the Small Business Regulatory Enforcement Fairness Act of 1996 Subtitle E-Congressional Review Act, now codified at 5 U.S.C. 804(2). These rules 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 the ability of United States-based companies to compete with foreign-based companies. Moreover, these are rules of agency practice or procedure that does not substantially affect the rights or obligations of non-agency parties, and does not come within the meaning of the term “rule” as used in Section 804(3)(C), now codified at 5 U.S.C. 804(3)(C). Therefore, the reporting requirement of 5 U.S.C. 801 does not apply.

List of Subjects in 28 CFR Part 2

• Administrative practice and procedure
• Prisoners
• Probation and parole

The Final Rule

Accordingly, the U. S. Parole Commission adopts the following revisions to 28 CFR part 2 as set forth below:

PART 2—[AMENDED]

1. The authority citation for 28 CFR part 2 continues to read as follows:

Authority: 18 U.S.C. 4203(a)(1) and 4204(a)(6).

2. Revise § 2.23 to read as follows:

3. Revise § 2.68(h)(6) to read as follows: