Rule2023-24384
Federal Tort Claims Act-Technical Changes
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
November 7, 2023
Effective
November 7, 2023
Issuing agencies
Justice DepartmentPrisons Bureau
Abstract
In this document, the Bureau of Prisons (Bureau) makes minor revisions to our regulations regarding the Federal Tort Claims Act that clarify requirements for presenting claims and correct obsolete and/or incorrect references to Bureau offices.
Full Text
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<title>Federal Register, Volume 88 Issue 214 (Tuesday, November 7, 2023)</title>
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[Federal Register Volume 88, Number 214 (Tuesday, November 7, 2023)]
[Rules and Regulations]
[Pages 76656-76658]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-24384]
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DEPARTMENT OF JUSTICE
Bureau of Prisons
28 CFR Part 543
[BOP-1180-I]
RIN 1120-AB80
Federal Tort Claims Act--Technical Changes
AGENCY: Bureau of Prisons, Justice.
ACTION: Interim rule.
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SUMMARY: In this document, the Bureau of Prisons (Bureau) makes minor
revisions to our regulations regarding the Federal Tort Claims Act that
clarify requirements for presenting claims and correct obsolete and/or
incorrect references to Bureau offices.
DATES: This rule is effective November 7, 2023. Electronic comments
must be submitted, and written comments must be postmarked, no later
than 11:59 p.m. on January 8, 2024.
ADDRESSES: Please submit electronic comments through the
<a href="http://regulations.gov">regulations.gov</a> website, or mail written comments to the Legislative &
Correctional Issues Branch, Office of General Counsel, Bureau of
Prisons, 320 First Street NW, Washington, DC 20534.
FOR FURTHER INFORMATION CONTACT: Daniel J. Crooks III, Assistant
General Counsel, Federal Bureau of Prisons, at the address above or at
(202) 353-4885.
SUPPLEMENTARY INFORMATION: Please note that all comments received are
considered part of the public record and made available for public
inspection online at <a href="http://www.regulations.gov">www.regulations.gov</a>. If you want to submit
personal identifying information (such as your name, address, etc.) as
part of your comment, but do not want it to be posted online, you must
include the phrase ``PERSONAL IDENTIFYING INFORMATION'' in the first
paragraph of your comment. You must also locate all the personal
identifying information you do not want posted online in the first
paragraph of your comment and identify what information you want
redacted.
If you want to submit confidential business information as part of
your comment but do not want it to be posted online, you must include
the phrase ``CONFIDENTIAL BUSINESS INFORMATION'' in the first paragraph
of your comment. You must also prominently identify confidential
business information to be redacted within the comment. If a comment
contains so much confidential business information that it cannot be
effectively redacted, all or part of that comment may not be posted
<a href="http://www.regulations.gov">www.regulations.gov</a>.
Personal identifying information identified and located as set
forth above will be placed in the agency's public docket file, but not
posted online. Confidential business information identified and located
as set forth above will not be placed in the public docket file. If you
wish to inspect the agency's public docket file in person by
appointment, please see the FOR FURTHER INFORMATION CONTACT paragraph.
I. Discussion
In this document, the Bureau makes minor revisions to regulations
in 28 CFR part 543, subpart C--Federal Tort Claims Act that clarify
requirements for presenting claims and correct obsolete and/or
incorrect references to Bureau offices. Each of these minor changes is
discussed below.
Where to present the claim. The Bureau revises section 543.31,
paragraph (c), to delete extraneous language and language indicating
that if a loss or injury occurs in a training center, claimants may
forward claims to the Associate General Counsel, Federal Law
Enforcement Training Center. This inaccurately identifies the
appropriate office designated to receive claims involving Bureau
training centers. Claims are now accepted and processed at the
appropriate Bureau Regional Counsel office for the region in which the
training center is located.
Deletion of ``a training center.'' Also in section 543.32,
Processing the claim, the Bureau deletes the phrase ``a training
center'' in paragraph (b). This paragraph indicates that if a claim is
submitted to the incorrect office, the claimant will be notified that
the claim was transferred to the appropriate office. The appropriate
office may be another BOP office or another Federal agency. It will no
longer refer to a training center, however, because such claims will no
longer be processed there (see discussion above on ``where to present
the claim'').
Requests for additional information during investigations of
claims. The Bureau deletes ``rejection or'' in the last sentence of
section 543.32(c) to clarify that, after a claim has been properly
[[Page 76657]]
presented and an investigation initiated, if a claimant fails to
provide requested information, the claim may be denied.
Specificity of office designation. In paragraph (d) of section
543.32, regarding the offices with authority to deny or propose
settlement of a claim, the Bureau clarifies that the Associate General
Counsel, Litigation Branch, in the Office of General Counsel will
investigate and propose settlement, and that if the proposed settlement
exceeds the authority granted to the Bureau of Prisons (not authority
granted to the Office of General Counsel), the General Counsel will
seek Department of Justice approval.
No consideration of appreciation/depreciation. Finally, the Bureau
deletes paragraph (f) of section 543.32, regarding the consideration of
appreciation or depreciation of lost or damaged property during
settlement of a claim. The Bureau deletes this paragraph because the
former Department of Justice policy that required consideration of
appreciation or depreciation, Policy Statement 2110.23C (Filing And
Settlement Of Claims Of Civilian Personnel For Damages To Or Loss Of
Personal Property Incident To Service), was replaced with 1400.05
(Claims for Damage to, or Loss of, Personal Property), which does not
allow for the use of appreciation/depreciation to determine the value
of lost or damaged property. The Bureau also adjusts the designation of
the paragraphs that follow to account for this deletion.
II. Regulatory Analyses
Administrative Procedure Act.
``Unless a statutory exception applies, the APA requires agencies
to publish a notice of proposed rulemaking in the Federal Register
before promulgating a rule that has legal force.'' Little Sisters of
the Poor Sts. Peter & Paul Home v. Pennsylvania, 591 U.S.---, 140 S.
Ct. 2367, 2384 (2020). The Administrative Procedure Act (5 U.S.C.
553(b)(3)(B)) allows exceptions to notice-and-comment rulemaking ``when
the agency for good cause finds . . . that notice and public procedure
thereon are impracticable, unnecessary, or contrary to the public
interest.'' Further, sec. 553(d) provides an exception to the usual
requirement of a delayed effective date when an agency finds ``good
cause'' that the rule be made immediately effective.
An agency may claim notice and comment is ``unnecessary'' where the
administrative rule is a routine determination, insignificant in nature
and impact, and inconsequential to the industry and public. Mack
Trucks, Inc. v. EPA, 682 F.3d 87, 94 (D.C. Cir. 2012); Util. Solid
Waste Activities Grp. v. EPA, 236 F.3d 749, 754-55 (D.C. Cir. 2001).
Unlike previous Bureau interim rules courts have addressed, this
Interim Rule is by its nature non-substantive, functioning only as
updated step-by-step guidance for how individuals, including current
and former inmates, can present administrative tort claims. Cf. Paulsen
v. Daniels, 413 F.3d 999 (9th Cir. 2005) (holding the Bureau violated
the APA by issuing an interim rule that had ``the effect . . . [of]
deny[ing] program eligibility to certain categories of inmates . . .).
This rulemaking is exempt from normal notice-and-comment procedures
because advance notice and public comment in this instance are
unnecessary. The change to this regulation is non-substantive, minor,
routine, insignificant, and made only to clarify Federal Tort Claims
Act processing. This rulemaking makes no change to any rights or
responsibilities of the agency or any regulated entities. Instead, this
rulemaking seeks to promptly clarify legal procedures primarily for the
benefit of individuals, including current and former federal inmates,
who present administrative tort claims against the Bureau. For the same
reasons, the Bureau finds that ``good cause'' exists to make this rule
effective upon publication. Nevertheless, the Bureau invites public
comment on this Interim Rule.
Executive Orders 12866 and 13563. This rule does not fall within a
category of actions that the Office of Management and Budget (OMB) has
determined constitutes a ``significant regulatory action'' under
section 3(f) of Executive Order 12866 and, accordingly, it was not
reviewed by OMB. The economic impact of this proposed rule is limited
to inmates in the custody of the Federal Bureau of Prisons.
Executive Order 13132. This rule will not have substantial direct
effect on the States, on the relationship between the National
Government and the States, or on distribution of power and
responsibilities among the various levels of government. Therefore,
under Executive Order 13132, the Bureau determines that this rule does
not have sufficient federalism implications to warrant the preparation
of a Federalism Assessment.
Regulatory Flexibility Act. The Director of the Bureau of Prisons,
under the Regulatory Flexibility Act (5 U.S.C. 605(b)), reviewed this
rule and by approving it certifies that it will not have a significant
economic impact upon a substantial number of small entities for the
following reasons: This rule pertains to the correctional management of
offenders committed to the custody of the Attorney General or the
Director of the Bureau of Prisons, and its economic impact is limited
to the Bureau's appropriated funds.
Unfunded Mandates Reform Act of 1995. This rule will not result in
the expenditure by State, local and tribal governments, in the
aggregate, or by the private sector, of $100,000,000 or more in any one
year, and it will not significantly or uniquely affect small
governments. Therefore, no actions were deemed necessary under the
provisions of the Unfunded Mandates Reform Act of 1995.
Congressional Review Act. This rule is a not major rule as defined
by the Congressional Review Act, 5 U.S.C. 804. This proposed rule 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
competition, employment, investment, productivity, innovation, or on
the ability of United States-based companies to compete with foreign-
based companies in domestic and export markets.
List of Subjects in 28 CFR Part 543
Prisoners.
Colette S. Peters,
Director, Federal Bureau of Prisons.
Under rulemaking authority vested in the Attorney General in 5
U.S.C 301; 28 U.S.C. 509, 510 and delegated to the Director of the
Bureau of Prisons in 28 CFR 0.96, the Bureau revises 28 CFR part 543 as
follows.
PART 543--LEGAL MATTERS
0
1. The authority citation for 28 CFR part 543 continues to read as
follows:
Authority: 5 U.S.C. 301; 18 U.S.C. 3621, 3622, 3624, 4001, 4042,
4081, 4082 (Repealed in part as to offenses committed on or after
November 1, 1987), 5006-5024 (Repealed October 12, 1984 as to
Offenses committed after that date), 5039; 28 U.S.C. 509, 510,
1346(b), 2671-80; 28 CFR 0.95-0.99, 0.172, 14.1-11.
Subpart C--Federal Tort Claims Act
0
2. Revise paragraph (c) of Sec. 543.31 to read as follows:
Sec. 543.31 Presenting a claim.
* * * * *
(c) Presenting a claim. You may either mail or deliver the claim to
the regional office in the region where the loss or injury occurred. If
the loss or injury occurred in the Central Office, you may either mail
or deliver the claim to the
[[Page 76658]]
Office of General Counsel, Central Office. A list of addresses for all
the Bureau institutions and offices can be found at <a href="http://www.bop.gov">www.bop.gov</a>.
0
3. Revise paragraphs (a) through (d) and (f) of Sec. 543.32 to read as
follows:
Sec. 543.32 Processing the claim.
(a) Receipt of acknowledgment letters. If you have presented a
claim signed by you or a duly authorized agent or legal representative
that provides all the necessary information (such as time, date, and
place where the incident occurred, and a specific sum of money you are
requesting as damages), you will receive an acknowledgment letter
indicating the presentment date and a claim number. If your submission
is unsigned, or signed by a person without legal authority to present
the claim on your behalf, or you fail to provide all necessary
information, your submission will be rejected and returned to you for
resubmission. The presentment date is the date your submission
containing all required signatures and necessary information is first
received by either the Department of Justice or an office of the Bureau
of Prisons. You should refer to your claim number in all further
correspondence with the agency. Additionally, you must inform the
agency of any changes in your address.
(b) Transfer of claims. If your claim is improperly submitted to
the wrong office or agency, you will be notified by the responsible
office that your claim was transferred to another regional office, the
Central Office, or another agency.
(c) Investigation. The regional office ordinarily refers the claim
to the appropriate institution or office for investigation. You may
also be required to provide additional information during the
investigation. Your failure to respond within a reasonable time may
result in the denial of the claim.
(d) Administrative claim decisionmaker. The Regional Counsel or his
or her designee reviews the investigation and the supporting evidence
and renders a decision on all claims properly presented to the regional
office and within regional settlement authority. The Regional Counsel
has limited settlement authority (up to an amount established by the
Director of the Bureau of Prisons). After considering the merits of the
claim, the Regional Counsel may deny or propose a settlement of the
claim. The Associate General Counsel, Litigation Branch, will
investigate and propose settlement for all claims properly presented in
the Central Office in accordance with delegated settlement authority.
If the proposed settlement exceeds the Bureau of Prisons' authority,
the General Counsel will seek approval from the appropriate Department
of Justice officers.
* * * * *
(f) Options if claim is denied or settlement offer is
unsatisfactory. If your claim is denied or you are dissatisfied with a
settlement offer, you may request in writing that the Bureau of Prisons
reconsider your claim in the administrative stage. You should include
additional evidence of injury or loss to support your request for
reconsideration. If you are dissatisfied with the final agency action,
you may file suit in an appropriate United States District Court, as no
further administrative action is available.
(g) Acceptance of settlement. If you accept a settlement, you give
up your right to bring a lawsuit against the United States or against
any employee of the government whose action or lack of action gave rise
to your claim.
(h) Response timeline. Generally, you will receive a decision
regarding your claim within six months of when you properly present the
claim. If you have not received a letter either proposing a settlement
or denying your claim within six months after the date your claim was
presented, you may assume your claim is denied. You may then proceed to
file a lawsuit in the appropriate United States District Court.
* * * * *
[FR Doc. 2023-24384 Filed 11-6-23; 8:45 am]
BILLING CODE 4410-05-P
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</html>Indexed from Federal Register on November 7, 2023.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.