Federal Tort Claims Act-Technical Changes, 101881-101882 [2024-29691]

Agencies

• Department of Justice
• Bureau of Prisons

[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 [www.gpo.gov]
[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