082197P.pdf   03/26/2009  Kennard Gatewood  v.  T. C. Outlaw
   U.S. Court of Appeals Case No:  08-2197
   U.S. District Court for the Eastern District of Arkansas - Helena   
   [PUBLISHED] [Loken, Author, with Beam and Arnold, Circuit Judges]
   Prisoner case - habeas. Claim that Bureau of Prisons' regulation -
   declaring an inmate convicted of a felony firearm possession offense
   ineligible for early release under the program which allows early release
   if an inmate completes a residential drug abuse program - is invalid
   because the agency failed to comply with the notice and comment
   provisions of 5 U.S.C. Sec. 553(b) is rejected; the agency has articulated
   and acted on a consistent rationale - public safety - throughout the course
   of the lengthy informal rulemaking process, and the rule is not arbitrary
   and capricious solely because the rationale was not fully reiterated in the
   final agency action.