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Federal Register / Vol. 70, No.

97 / Friday, May 20, 2005 / Rules and Regulations 29195

based companies in domestic and with the Bureau’s statutory authority. in costs or prices; or significant adverse
export markets. The new 28 CFR 571.22(c) correctly effects on competition, employment,
states that ‘‘[t]ransportation will be investment, productivity, innovation, or
List of Subjects in 28 CFR Part 549
provided to an inmate’s place of on the ability of United States-based
Prisoners. conviction or legal residence within the companies to compete with foreign-
Harley G. Lappin, United States or its territories.’’ based companies in domestic and
Director, Bureau of Prisons. export markets.
Executive Order 12866
[FR Doc. 05–10044 Filed 5–19–05; 8:45 am] This regulation has been drafted and List of Subjects in 28 CFR Part 571
reviewed in accordance with Executive Prisoners.
Order 12866, ‘‘Regulatory Planning and
Harley G. Lappin,
Review’’, section 1(b), Principles of
DEPARTMENT OF JUSTICE Director, Bureau of Prisons.
Regulation. The Director of the Bureau
of Prisons has determined that this rule Under the rulemaking authority
Bureau of Prisons
is not a ‘‘significant regulatory action’’ vested in the Attorney General in 5
under Executive Order 12866, section U.S.C. 552(a) and delegated to the
28 CFR Part 571
3(f), and accordingly this rule has not Director, Bureau of Prisons, we adopt as
[BOP–1108–F] been reviewed by the Office of final the interim rule published on June
RIN 1120–AB21 Management and Budget. 9, 2003 (68 FR 34301), without change.
Executive Order 13132 [FR Doc. 05–10045 Filed 5–19–05; 8:45 am]
Clarifying of Release Gratuities— BILLING CODE 4410–05–P
Release Transportation Regulations to This regulation will not have
More Closely Conform to Statutory substantial direct effects on the States,
Provisions on the relationship between the national
government and the States, or on DEPARTMENT OF HOMELAND
AGENCY: Bureau of Prisons, Justice. distribution of power and SECURITY
ACTION: Final rule. responsibilities among the various Coast Guard
SUMMARY: This document finalizes an levels of government. Therefore, under
interim rule which made a minor Executive Order 13132, we determine 33 CFR Part 100
clarifying change to the Bureau of that this rule does not have sufficient
Prisons (Bureau) regulations on release federalism implications to warrant the [CGD 07–05–012]
gratuities, transportation, and clothing. preparation of a Federalism Assessment.
RIN 1625–AA08
The rule clarified that the Bureau is Regulatory Flexibility Act
authorized, upon an inmate’s release, to Special Local Regulations: Annual Fort
provide transportation to an inmate’s The Director of the Bureau of Prisons,
under the Regulatory Flexibility Act (5 Myers Beach Air Show, Fort Myers
place of conviction or his/her legal Beach, FL
residence only within the United States, U.S.C. 605(b)), reviewed this regulation
under 18 U.S.C. 3624(d)(3). and by approving it certifies that it will AGENCY: Coast Guard, DHS.
not have a significant economic impact ACTION: Final rule.
DATES: This rule is effective on June 20,
upon a substantial number of small
entities for the following reasons: This SUMMARY: The Coast Guard is
ADDRESSES: Rules Unit, Office of
rule pertains to the correctional establishing permanent special local
General Counsel, Bureau of Prisons, 320 management of offenders committed to regulations for the Fort Myers Beach Air
First Street, NW., Washington, DC the custody of the Attorney General or Show, Fort Myers Beach, Florida. This
20534. the Director of the Bureau of Prisons, event will be held annually on the
FOR FURTHER INFORMATION CONTACT: and its economic impact is limited to second consecutive Friday, Saturday,
Sarah Qureshi, Office of General the Bureau’s appropriated funds. and Sunday of May between 8:30 a.m.
Counsel, Bureau of Prisons, phone (202) and 4:30 p.m. EDT (eastern daylight
307–2105. Unfunded Mandates Reform Act of
1995 time). This regulation is needed to
SUPPLEMENTARY INFORMATION: We restrict persons and vessels from
published this rule as an interim final This rule will not result in the entering the sterile zone (air box) below
rule on June 9, 2003 (68 FR 34301). We expenditure by State, local and tribal the aerial demonstration and restrict
received no comments on this rule. We governments, in the aggregate, or by the vessels from mooring/anchoring or
therefore finalize it without change. private sector, of $100,000,000 or more transiting within the surrounding
Previously, 28 CFR 571.22 (c) stated in any one year, and it will not regulated area with the exception of the
that ‘‘[t]ransportation will be provided significantly or uniquely affect small Matanzas Pass Channel. This rule is
to an inmate’s place of conviction, his governments. Therefore, no actions were necessary to ensure the safety of life for
legal residence within the United States, deemed necessary under the provisions the participating aircraft, spectators, and
or to other such place as authorized and of the Unfunded Mandates Reform Act mariners in the area on the navigable
approved.’’ However, 18 U.S.C. of 1995. waters of the United States.
3624(d)(3) allows only for
Small Business Regulatory Enforcement DATES: This rule is effective May 20,
‘‘transportation to the place of the
Fairness Act of 1996 2005.
prisoner’s conviction, to the prisoner’s
bona fide residence within the United This rule is not a major rule as ADDRESSES: Comments and material
States, or to such other place within the defined by § 804 of the Small Business received from the public, as well as
United States as may be authorized by Regulatory Enforcement Fairness Act of documents indicated in this preamble as
the Director.’’ 1996. This rule will not result in an being available in the docket, are part of
This rule revises the former rule only annual effect on the economy of docket [CGD 07–05–012] and are
to the extent that it appeared to conflict $100,000,000 or more; a major increase available for inspection or copying at

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