Federal Register, Volume 74, Number 9, January 14, 2009, Pages 1871-2292 Page: 1,899
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Federal Register/Vol. 74, No. 9/Wednesday, January 14, 2009/Rules and Regulations
(b) An inmate must meet his/her
financial program responsibility
obligations (see 28 CFR part 545) and
GED responsibilities (see 28 CFR part
544) before being able to receive an
incentive for his/her RDAP
participation.
(c) If an inmate withdraws from or is
otherwise removed from RDAP, that
inmate may lose incentives he/she
previously achieved.
550.55 Eligibility for early release.
(a) Eligibility. Inmates may be eligible
for early release by a period not to
exceed twelve months if they:
(1) Were sentenced to a term of
imprisonment under either:
(i) 18 U.S.C. Chapter 227, Subchapter
D for a nonviolent offense; or
(ii) D.C. Code 24-403.01 for a
nonviolent offense, meaning an offense
other than those included within the
definition of "crime of violence" in D.C.
Code 23-1331(4); and
(2) Successfully complete a RDAP, as
described in 550.53, during their
current commitment.
(b) Inmates not eligible for early
release. As an exercise of the Director's
discretion, the following categories of
inmates are not eligible for early release:
(1) Immigration and Customs
Enforcement detainees;
(2) Pretrial inmates;
(3) Contractual boarders (for example,
State or military inmates);
(4) Inmates who have a prior felony or
misdemeanor conviction for:
(i) Homicide (including deaths caused
by recklessness, but not including
deaths caused by negligence or
justifiable homicide);
(ii) Forcible rape;
(iii) Robbery;
(iv) Aggravated assault;
(v) Arson;
(vi) Kidnaping; or
(vii) An offense that by its nature or
conduct involves sexual abuse offenses
committed upon minors;
(5) Inmates who have a current felony
conviction for:
(i) An offense that has as an element,
the actual, attempted, or threatened use
of physical force against the person or
property of another;
(ii) An offense that involved the
carrying, possession, or use of a firearm
or other dangerous weapon or
explosives (including any explosive
material or explosive device);
(iii) An offense that, by its nature or
conduct, presents a serious potential
risk of physical force against the person
or property of another; or
(iv) An offense that, by its nature or
conduct, involves sexual abuse offensescommitted upon minors;
(6) Inmates who have been convicted
of an attempt, conspiracy, or other
offense which involved an underlying
offense listed in paragraph (b)(4) and/or
(b)(5) of this section; or
(7) Inmates who previously received
an early release under 18 U.S.C. 3621(e).
(c) Early release time-frame. (1)
Inmates so approved may receive early
release up to twelve months prior to the
expiration of the term of incarceration,
except as provided in paragraphs (c)(2)
and (3) of this section.
(2) Under the Director's discretion
allowed by 18 U.S.C. 3621(e), we may
limit the time-frame of early release
based upon the length of sentence
imposed by the Court.
(3) If inmates cannot fulfill their
community-based treatment obligations
by the presumptive release date, we may
adjust provisional release dates by the
least amount of time necessary to allow
inmates to fulfill their treatment
obligations.
550.56 Community Transitional Drug
Abuse Treatment Program (TDAT).
(a) For inmates to successfully
complete all components of RDAP, they
must participate in TDAT in the
community. If inmates refuse or fail to
complete TDAT, they fail the RDAP and
are disqualified for any additional
incentives.
(b) Inmates with a documented drug
abuse problem who did not choose to
volunteer for RDAP may be required to
participate in TDAT as a condition of
participation in a community-based
program, with the approval of the
Transitional Drug Abuse Program
Coordinator.
(c) Inmates who successfully
complete RDAP and who participate in
transitional treatment programming at
an institution must participate in such
programming for at least one hour per
month.
550.57 Inmate appeals.
Inmates may seek formal review of
complaints regarding the operation of
the drug abuse treatment program by
using administrative remedy procedures
in 28 CFR part 542.
[FR Doc. E9-593 Filed 1-13-09; 8:45 am]
BILLING CODE 4410-05-PENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA-R08-OAR-2007-1031; FRL-8754-7]
Approval and Promulgation of Air
Quality Implementation Plans; Utah's
Emission Inventory Reporting
Requirements
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
SUMMARY: EPA is taking direct final
action approving State Implementation
Plan (SIP) revisions submitted by the
State of Utah on September 7, 1999, and
December 1, 2003. The revisions add the
requirements of EPA's Consolidated
Emission Reporting Rule (CERR) to the
State's SIP.
Utah has submitted four SIPs that
relate to today's action on the CERR
requirements. The State of Utah
submitted a SIP revision on September
20, 1999, which did not make any
substantive changes, but adopted a re-
organization and renumbering of the air
quality regulations. Although EPA is not
acting on this particular submittal, EPA
is approving and incorporating by
reference rules using this new
numbering scheme. Approving these
rules rather than the earlier version will
avoid confusion to the public and will
obviate the need for future SIP revisions
merely to renumber the SIP. In the
remainder of this notice, we will refer
to the rules by their current numbers, as
reflected in the September 20, 1999
submittal, unless the context dictates
otherwise.
EPA is acting on the submittal of
September 7, 1999, which addresses
inventory requirements for emissions
from landfills. EPA is approving only
the emission inventory requirement for
larger landfills, located at Utah Rule
R307-221-1 under the State's new
numbering system. As emissions from
these larger landfills may exceed the
emission reporting thresholds addressed
in the CERR, Utah must include this
information in its emission inventory
report to EPA. The remainder of the
September 7, 1999 revisions do not
affect the State's ability to comply with
the CERR; therefore, EPA is not acting
on them.
The Governor submitted additional
revisions to their air quality emission
inventory rules on October 23, 2000,
which addressed inventory
requirements for ammonia emissions.
These revisions are contrary to theCERR issued on June 10, 2002 and,
1899
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United States. Office of the Federal Register. Federal Register, Volume 74, Number 9, January 14, 2009, Pages 1871-2292, periodical, January 14, 2009; Washington D.C.. (https://digital.library.unt.edu/ark:/67531/metadc132871/m1/36/: accessed April 19, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.