Federal Register / Vol. 65, No. 103 / Friday, May 26, 2000 / Rules and Regulations 34363

List of Subjects in 28 CFR Part 522

Prisoners.

Kathleen Hawk Sawyer,

Director, Bureau of Prisons.

Accordingly, pursuant to the

rulemaking authority vested in the

Attorney General in 5 U.S.C. 552(a) and

delegated to the Director, Bureau of

Prisons in 28 CFR 0.96(p), part 522 in

28 CFR, chapter V, subchapter B, is

amended as set forth below.

SUBCHAPTER B—INMATE ADMISSION,

CLASSIFICATION, AND TRANSFER

PART 522—ADMISSION TO

INSTITUTION

1. The authority citation for 28 CFR

part 522 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3622, 3624, 4001, 4042, 4081, 4082 (Repealed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November 1, 1987), 4161–4166 (Repealed in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November 1, 1987), 5006–5024 (Repealed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; 28

CFR 0.95–0.99.

2. In § 522.11, paragraphs (d) and (e)

are revised to read as follows:

§ 522.11 Procedures.

* * * * *

(d) If a federal criminal sentence of

imprisonment (including a Narcotic

Addict Rehabilitation Act or Youth

Corrections Act commitment) exists

when a civil contempt commitment is

ordered, credit towards service of the

criminal sentence is delayed or

suspended for the duration of the

contempt commitment unless the

committing judge orders otherwise.

(e)(1) If a civil contempt commitment

order is in effect when a criminal

sentence of imprisonment is imposed

under 18 U.S.C. Chapter 227 (as

applicable to offenses committed before

November 1, 1987), the criminal

sentence runs concurrently with the

commitment order unless the

sentencing judge orders otherwise.

(2) If a civil contempt commitment

order is in effect when a criminal

sentence of imprisonment is imposed

under 18 U.S.C. Chapter 227 (as

applicable to offenses committed on or

after November 1, 1987), the criminal

sentence runs consecutively to the

commitment order unless the

sentencing judge orders otherwise.

* * * * *

[FR Doc. 00–13301 Filed 5–25–00; 8:45 am]

BILLING CODE 4410–05–P

DEPARTMENT OF JUSTICE

Bureau of Prisons

28 CFR Part 543

[BOP–1098–F]

RIN 1120–AA94

Federal Tort Claims Act

AGENCY: Bureau of Prisons, Justice.

ACTION: Final rule.

SUMMARY: This document adopts as final

the proposed rule pertaining to the

Federal Tort Claims Act in accordance

with the mandate to use plain language.

The amendment is intended to provide

clearer instructions for filing and

processing a claim with the Bureau for

money damages for personal injury or

death and/or damage to or loss of

property.

EFFECTIVE DATE: June 26, 2000.

ADDRESSES: Rules Unit, Office of

General Counsel, Bureau of Prisons,

HOLC Room 754, 320 First Street, NW.,

Washington, DC 20534.

FOR FURTHER INFORMATION CONTACT: Roy

Nanovic, Office of General Counsel,

Bureau of Prisons, phone (202) 514–

6655.

SUPPLEMENTARY INFORMATION: The

Bureau of Prisons is revising its

regulations in 28 CFR 543, subpart C, on

the Federal Tort Claims Act. A proposed

rule on this subject was published in the

Federal Register on June 14, 1999 (64

FR 32172). The Bureau received

comment from three respondents.

One commenter filed a tort claim

alleging that the proposed rule and

various other Bureau policies were

vague and unclear. No specifics,

however, were provided as to the

proposed tort claim procedures. This

commenter’s claim is being processed in

accordance with the existing procedures

for tort claims. The second commenter

stated that the proposed revision was

plain and concise. This commenter also

expressed the opinion that the current

procedures were cumbersome and slow.

As noted above, the intent of the

revision is to provide clearer

instructions for filing and processing a

claim with the Bureau for money

damages for personal injury or death

and/or damage to or loss of property.

The Bureau believes that revising the

procedures for clarity will also serve to

help expedite the process. The third

commenter was seeking guidance

whether to submit a warranty claim or

to file a tort claim for damaged property.

The tort claim procedures are available

for use. It would be a conflict of interest

for the Bureau to advise an inmate on

the question of using the tort claim

procedures or other available avenues of

redress in any specific instance.

With due consideration to the

comments received, the Bureau has

determined to adopt the proposed rule

as final. In adopting the proposed rule

as final, the Bureau is amending

proposed § 543.32(d) to reflect the role

of the Department of Justice’s Torts

Branch in deciding administrative

claims for amounts beyond delegated

settlement authority. Members of the

public may submit comments

concerning this rule by writing to the

previously cited address. These

comments will be considered but will

receive no response in the Federal

Register.

Executive Order 12866

This rule falls within a category of

actions that the Office of Management

and Budget (OMB) has determined not

to constitute ‘‘significant regulatory

actions’’ under section 3(f) of Executive

Order 12866 and, accordingly, it was

not reviewed by OMB.

Executive Order 13132

This regulation will not have

substantial direct effects 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, in

accordance with Executive Order 13132,

it is determined 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,

in accordance with the Regulatory

Flexibility Act (5 U.S.C. 605(b)), has

reviewed this regulation and by

approving it certifies that this regulation

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

34364 Federal Register / Vol. 65, No. 103 / Friday, May 26, 2000 / Rules and Regulations

deemed necessary under the provisions

of the Unfunded Mandates Reform Act

of 1995.

Small Business Regulatory Enforcement

Fairness Act of 1996

This rule is not a major rule as

defined by § 804 of the Small Business

Regulatory Enforcement Fairness Act of

1996. This 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 foreignbased companies in domestic and

export markets.

Plain Language Instructions

We try to write clearly. If you can

suggest how to improve the clarity of

these regulations, call or write Roy

Nanovic at the address listed above.

List of Subjects in 28 CFR Part 543

Claims, Prisoners.

Kathleen Hawk Sawyer,

Director, Bureau of Prisons.

Accordingly, pursuant to the

rulemaking authority vested in the

Attorney General in 5 U.S.C. 552(a) and

delegated to the Director, Bureau of

Prisons in 28 CFR 0.96(o), part 543 in

subchapter C of 28 CFR, chapter V is

amended as set forth below.

SUBCHAPTER C—INSTITUTIONAL

MANAGEMENT

PART 543—LEGAL MATTERS

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 (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.

2. Subpart C is revised to read as

follows:

Subpart C—Federal Tort Claims Act

Sec.

543.30 Purpose and scope.

543.31 Filing a claim.

543.32 Processing the claim.

Subpart C—Federal Tort Claims Act

§ 543.30 Purpose and scope.

Pursuant to the Federal Tort Claims

Act, a claim for money damages for

personal injury or death and/or damage

to or loss of property must be filed

against the United States by the injured

party with the appropriate Federal

agency for administrative action.

General provisions for processing

administrative claims under the Federal

Tort Claims Act are contained in 28 CFR

part 14. The provisions in this subpart

describe the procedures to follow when

filing an administrative tort claim with

the Bureau of Prisons.

§ 543.31 Filing a claim.

(a) Who may file a claim? You may

file a claim if you are the injured person

or the owner of the damaged or lost

property. A person acting on your behalf

as an agent, executor, administrator,

parent, guardian, or other representative

may file a claim for you if the person

provides a written statement signed by

you giving that person permission to act

for you. A representative may also file

a claim for wrongful death. If you hire

a lawyer or authorize a representative to

act on your behalf, the agency will

correspond only with that

representative, and will not continue to

correspond with you.

(b) Where do I obtain a form for filing

a claim? You may obtain a form from

staff in the Central Office, Regional

Offices, Bureau institutions, or staff

training centers.

(c) Where do I file the claim? You may

either mail or deliver the claim to the

regional office in the region where the

claim occurred. If the loss or injury

occurred in a specific regional office or

within the geographical boundaries of

the region, you may either mail or

deliver the claim to that regional office.

If the loss or injury occurred in the

Central Office, you may either mail or

deliver the claim to the Office of

General Counsel, Central Office. If the

loss or injury occurred in one of the

training centers, you may either mail or

deliver the claim to the Associate

General Counsel, Federal Law

Enforcement Training Center. 28 CFR

part 503 lists Bureau institutions by

region and also contains the addresses

of the Central Office, regional offices

and training centers.

§ 543.32 Processing the claim.

(a) Will I receive an acknowledgment

letter? Yes. If you have provided all

necessary information to process your

claim (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

filing date and a claim number. The

filing date is the date your claim was

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 correspondences

with the agency. Additionally, you must

inform the agency of any changes in

your address. If you fail to provide all

necessary information, your claim will

be rejected and returned to you

requesting supplemental information.

(b) Will I be notified if my claim is

transferred? Yes. If your claim is

improperly filed, you will be notified by

the responsible office that your claim

was transferred to another regional

office, the Central Office, a training

center, or another agency.

(c) Will an investigation be

conducted? Yes. 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 rejection or denial of the

claim.

(d) Who will decide my administrative

claim? The Regional Counsel or his or

her designee reviews the investigation

and the supporting evidence and

renders a decision of all claims properly

filed in the regional office and within

regional settlement authority. The

Regional Counsel has limited settlement

authority (up to an amount established

by the Director, Bureau of Prisons).

After considering the merits of the

claim, the Regional Counsel may deny

or propose a settlement of the claim.

The General Counsel will investigate

and propose settlement for all claims

properly filed in the Central Office in

accordance with delegated settlement

authority. If the proposed settlement

exceeds the General Counsel’s authority,

the General Counsel will seek approval

from the appropriate Department of

Justice officers.

(e) Will my claim be reviewed by or

referred to the Central Office? If the

Regional Counsel recommends a

proposed settlement in excess of the

settlement authority, the claim will be

forwarded, with a recommendation, to

the Office of General Counsel, Central

Office for their review.

(f) Will appreciation or depreciation

be considered? Yes. Staff will consider

appreciation or depreciation of lost or

damaged property in settling a claim.

(g) If my claim is denied or I am

dissatisfied with a settlement offer, what

are my options? 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 U.S. District

Federal Register / Vol. 65, No. 103 / Friday, May 26, 2000 / Rules and Regulations 34365

Court as no further administrative

action is available.

(h) What if I accept a settlement of my

claim? 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.

(i) How long will it take to get a

response? Generally, you will receive a

decision regarding your claim within six

months of when you properly file 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 filed, you may

assume your claim is denied. You may

proceed to file a lawsuit in the

appropriate U.S. District Court.

[FR Doc. 00–13300 Filed 5–25–00; 8:45 am]

BILLING CODE 4410–05–P