Rule2024-29691
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
December 17, 2024
Effective
December 17, 2024
Issuing agencies
Justice DepartmentPrisons Bureau
Abstract
In this document, the Bureau of Prisons (Bureau) finalizes 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 89 Issue 242 (Tuesday, December 17, 2024)</title>
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[Federal Register Volume 89, Number 242 (Tuesday, December 17, 2024)]
[Rules and Regulations]
[Pages 101881-101882]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-29691]
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DEPARTMENT OF JUSTICE
Bureau of Prisons
28 CFR Part 543
[BOP-1180-F]
RIN 1120-AB80
Federal Tort Claims Act--Technical Changes
AGENCY: Bureau of Prisons, Justice.
ACTION: Final rule.
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SUMMARY: In this document, the Bureau of Prisons (Bureau) finalizes
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 December 17, 2024.
FOR FURTHER INFORMATION CONTACT: Daniel J. Crooks III, Assistant
General Counsel/Rules Administrator, Federal Bureau of Prisons at (202)
353-4885.
SUPPLEMENTARY INFORMATION:
I. Discussion
This rule outlines how an individual (inmate, staff member, or
civilian) presents an administrative claim under the Federal Tort
Claims Act to the Bureau of Prisons and explains the Bureau's
procedures for processing such claims. After consideration of the one
public comment, the Bureau finalizes the provisions of the interim rule
and correcting amendment, while making minor edits to section
543.32(h).
A. Procedural History
On November 7, 2023, the Bureau published an interim final rule at
88 FR 76656 making minor revisions to regulations in 28 CFR part 543,
subpart C--Federal Tort Claims Act, to clarify requirements for
presenting claims and correct obsolete and/or correcting incorrect
references to Bureau offices. On December 20, 2023, the Bureau
published a correcting amendment at 88 FR 87903 to correct inadvertent
errors and omissions in the interim rule. The correction was required
for two reasons. First, we neglected to revise the headings of three
paragraphs in Sec. 543.31 to conform with the statement-like form of
other paragraph headings we amended in the interim rule. Thus, the
correction changed the headings of paragraphs (a), (b), and (e) in
Sec. 543.31 so that they are declarative rather than interrogative.
Second, the third instruction in the interim rule omitted paragraphs
(g) and (h) in Sec. 543.32, so the regulatory text was not updated.
Accordingly, the correction revised the instructions to include those
missing paragraphs, thereby appropriately updating the Code of Federal
Regulations.
Before, the comment period for the rule closed on January 8, 2024,
we received one comment.
B. Discussion of Single Comment Received
Comment: The commenter writes primarily about one of his own tort
claims and argues in support of settlement of his claim. However, he
makes two observations about the rule. First, he notes that the six-
month investigatory period ``might be a long time to let some problems
fester.'' Second, he suggests we add the following language in Sec.
543.32: ``The Associate General Counsel shall attempt to optimize any
long-term benefits to prison operations and the public interest in
reaching a settlement.''
Response: No response is required as to individualized
disagreements with the general FTCA claim system, which are outside the
scope of this rulemaking action, nor will the Bureau address the merits
of any particular FTCA claim in this context.
The Bureau needs six months to fully investigate claims and to make
informed decisions on whether to deny the claim or pursue settlement.
This six[hyphen]month period is provided by statute, 28 U.S.C. 2675(a),
and applies to all FTCA administrative claims presented to the required
appropriate federal agency, no matter the agency involved. We decline
to amend the rule based on this first suggestion.
Regarding the second suggestion, we note that Bureau legal staff
already consider many factors in the settlement of administrative FTCA
claims, including factors not specifically included in the regulations.
For example, in evaluating each claim individually for settlement, the
Bureau considers all information provided by the claimant, the
investigation, relevant records, and applicable policy and legal
authority. We also decline to amend the rule based on this second
suggestion.
[[Page 101882]]
C. Discussion of Minor Edits to Section 543.32(h)
Upon further review of Sec. 543.32(h), we decided to make two
changes to that section to clarify the language and ensure it more
closely aligns with the FTCA. The language of the second sentence to
that section currently in effect via the interim final rule reads: ``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.'' The revised language included in
the final rule reads: ``If you have not received a letter denying your
claim within six months after the date your claim was presented, you
may deem the absence of a response to your claim as a denial.''
The first change is to the first clause of the second sentence in
section Sec. 543.32(h). We changed the language by removing the phrase
``either proposing a settlement or'' because we do not want to imply
the Bureau's proposal of a settlement within six months precludes the
option of the claimant deeming a claim denied. As discussed more in the
next paragraph, what triggers the option for the claimant to deem a
claim denied and to file suit is the failure of an agency to make a
final disposition of a claim within six months. Since a settlement
offer is not a ``final disposition,'' it cannot serve to preclude the
claimant from filing suit.
The second change is to the second clause of the second sentence in
Sec. 543.32(h). In reviewing our draft of the final rule, we
determined that use of the word ``assume'' in the second sentence to
Sec. 543.32(h) was unnecessary and confusing inasmuch as the statute
itself, 28 U.S.C. 2675(a), does not mention ``assumptions.'' That
language confers upon the claimant the ``option'' to deem their claim
finally denied; the claimant is not required to ``assume'' that the
sending of a settlement proposal means they are not entitled to file
suit if six months have elapsed since presentment. Instead, the
claimant retains the option to continue negotiating with no statute of
limitations penalty, or they may opt instead to ``deem'' the claim
denied and pursue a lawsuit in federal court.
II. Regulatory Analyses
Executive Orders 12866, 13563 and 14094. 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 final 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.
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 finalizes with minor
changes, the interim rule published on November 7, 2023, (88 FR 76657)
and the correction published on December 20, 2023 (88 FR 87903).
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 Sec. 543.32(h) to read as follows:
Sec. 543.32 Processing the 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 denying your claim within six
months after the date your claim was presented, you may deem the
absence of a response to your claim as a denial. You may then proceed
to file a lawsuit in the appropriate United States District Court.
[FR Doc. 2024-29691 Filed 12-16-24; 8:45 am]
BILLING CODE 4410-05-P
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</html>Indexed from Federal Register on December 17, 2024.
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