Rule2023-28011
Federal Tort Claims Act-Technical Changes; Correction
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
December 20, 2023
Effective
December 20, 2023
Issuing agencies
Justice DepartmentPrisons Bureau
Abstract
In this document, the Bureau of Prisons (Bureau) corrects inadvertent errors and omissions in its regulations caused by errors in the interim final rule titled "Federal Tort Claims Act--Technical Changes" published in the Federal Register on November 7, 2023.
Full Text
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<title>Federal Register, Volume 88 Issue 243 (Wednesday, December 20, 2023)</title>
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[Federal Register Volume 88, Number 243 (Wednesday, December 20, 2023)]
[Rules and Regulations]
[Pages 87903-87904]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-28011]
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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; Correction
AGENCY: Bureau of Prisons, Justice.
ACTION: Correcting amendment.
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SUMMARY: In this document, the Bureau of Prisons (Bureau) corrects
inadvertent errors and omissions in its regulations caused by errors in
the interim final rule titled ``Federal Tort Claims Act--Technical
Changes'' published in the Federal Register on November 7, 2023.
DATES: This correcting amendment is effective December 20, 2023.
FOR FURTHER INFORMATION CONTACT: Daniel J. Crooks III, Assistant
General Counsel/Rules Administrator, at Legislative & Correctional
Issues Branch, Office of General Counsel, Bureau of Prisons, 320 First
Street NW, Washington, DC 20534 or at (202) 353-4885.
SUPPLEMENTARY INFORMATION:
Need for Correction
On November 7, 2023, the Bureau published an interim final rule
(IFR) in the Federal Register at 88 FR 76656 that made technical
changes to how the Bureau processes Federal Tort Claims Act (FTCA)
claims. This document corrects inadvertent errors and omissions in its
regulations caused by errors in that rule.
First, this document revises the headings of two paragraphs in
Sec. 543.31 to conform with the statement-like form of other paragraph
headings we amended in the IFR. Thus, the heading of Sec. 543.31(a)
should be changed from ``Who may file a claim?'' to ``Claimant,'' and
the heading of Sec. 543.31(b) should be changed from ``Where do I
obtain a form for filing a claim?'' to ``Claim form.''
Second, the third instruction of the IFR revised paragraphs (a)
through (d) and (f) of Sec. 543.32. Paragraphs (g) and (h) were
missing from that instruction, while they were correctly included in
the amendatory language. In addition, the heading to paragraph (e)
needs to be changed to conform with the declaratory headings of the
other paragraphs. Finally, paragraph (i) needs to be deleted because,
with the revisions to the other paragraphs, paragraph (i) is redundant.
List of Subjects in 28 CFR Part 543
Prisoners.
Accordingly, 28 CFR part 543 is corrected by making the following
correcting amendments:
PART 543--LEGAL MATTERS
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1. The authority citation for 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.
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2. Amend Sec. 543.31 by revising the section heading and the headings
for paragraphs (a) and (b) to read as follows:
Sec. 543.31 Presenting a claim.
(a) Claimant. * * *
(b) Claim form. * * *
* * * * *
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3. Amend Sec. 543.32 by:
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a. Revising the heading for paragraph (e) and paragraphs (g) and (h);
and
[[Page 87904]]
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b. Removing paragraph (i).
The revisions read as follows:
Sec. 543.32 Processing the claim.
* * * * *
(e) Central Office review. * * *
* * * * *
(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.
Daniel J. Crooks III,
Assistant General Counsel/Rules Administrator, Federal Bureau of
Prisons.
[FR Doc. 2023-28011 Filed 12-19-23; 8:45 am]
BILLING CODE 4410-05-P
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</html>Indexed from Federal Register on December 20, 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.