8910 Federal Register / Vol. 79, No. 31 / Friday, February 14, 2014 / Proposed Rules 

2You may also request to make an oral presentation at the public meetings via email. Please include your name, title, firm name, address, and 

phone and fax numbers as well as the full text, comprehensive outline, or summary of your oral presentation and send to: Juanita Yates, Center 

for Food Safety and Applied Nutrition, Food and Drug Administration, 5100 Paint Branch Pkwy., College Park, MD 20740, 240–402–1731, email: 

juanita.yates@fda.hhs.gov. 

III. Comments, Transcripts, and 

Recorded Video 

Information and data submitted 

voluntarily to FDA during the public 

meetings will become part of the 

administrative record for the rulemaking 

and will be accessible to the public at 

http://www.regulations.gov. The 

transcript of the proceedings from the 

public meetings will become part of the 

administrative record for the 

rulemaking. Please be advised that as 

soon as a transcript is available, it will 

be accessible at http://

www.regulations.gov and at FDA’s 

FSMA Web site at: http://www.fda.gov/ 

Food/GuidanceRegulation/FSMA/

default.htm. It may also be viewed at the 

Division of Dockets Management (HFA– 

305), Food and Drug Administration, 

5630 Fishers Lane, Rm. 1061, Rockville, 

MD 20852. A transcript will also be 

available in either hardcopy or on CD– 

ROM, after submission of a Freedom of 

Information request. Written requests 

are to be sent to the Division of Freedom 

of Information (ELEM–1029), 12420 

Parklawn Dr., Element Bldg., Rockville, 

MD 20857. Additionally, FDA will be 

video recording and live Web casting all 

of the public meetings. Once the 

recorded video is available, it will be 

accessible at FDA’s FSMA Web site at 

http://www.fda.gov/Food/

GuidanceRegulation/FSMA/

default.htm. 

Dated: February 11, 2014. 

Leslie Kux, 

Assistant Commissioner for Policy. 

[FR Doc. 2014–03277 Filed 2–13–14; 8:45 am] 

BILLING CODE 4160–01–P 

DEPARTMENT OF JUSTICE 

Bureau of Prisons 

28 CFR Part 552 

[BOP–1162–P] 

RIN 1120–AB62 

Searches of Housing Units, Inmates, 

and Inmate Work Areas: Use of X-ray 

Devices—Clarification of Terminology 

AGENCY: Bureau of Prisons, Justice. 

ACTION: Proposed rule. 

SUMMARY: In this document, the Bureau 

of Prisons (Bureau) proposes to clarify 

that body imaging search devices are 

‘‘electronic search devices’’ for routine 

or random use in searching inmates, and 

are distinguished from medical x-ray 

devices, which require the inmate’s 

consent, or Regional Director approval, 

for use as search devices. 

DATES: Comments are due by April 15, 

2014. 

FOR FURTHER INFORMATION CONTACT: 

Sarah Qureshi, Office of General 

Counsel, Bureau of Prisons, phone (202) 

307–2105. 

SUPPLEMENTARY INFORMATION: 

Posting of Public Comments 

Please note that all comments 

received are considered part of the 

public record and are available for 

public inspection online at 

www.regulations.gov. Such information 

includes personal identifying 

information (such as your name, 

address, etc.) voluntarily submitted by 

the commenter. 

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 

on www.regulations.gov. 

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. 

Proposed Rule 

The Bureau proposes to amend its 

regulation on searches of inmates using 

x-ray devices and technology (28 CFR 

part 552, subpart B). We propose to 

change this regulation to clarify that 

body imaging search devices are 

‘‘electronic search devices’’ for routine 

or random use in searching inmates, and 

are distinguished from medical x-ray 

devices, the use of which require the 

inmate’s consent, or Regional Director 

approval, for use as search devices. 

Section 552.11 Searches of inmates. 

The Bureau’s regulation on searching 

inmates using electronic devices 

currently lists only metal detectors and 

ion spectrometry devices as examples of 

such devices. We now propose to clarify 

that the provision for ‘‘electronic search 

devices’’ includes the use of body 

imaging search devices which use x-ray 

technology, but which are functionally 

different from medical x-ray devices as 

described in § 552.13. 

Section 552.13 Medical x-ray device, 

major instrument, or surgical intrusion. 

To conform with the change made in 

§ 552.11, we likewise propose to alter 

§ 552.13 to further clarify that body 

imaging search devices are functionally 

different from the medical x-ray devices 

as described in this regulation. To do 

this, we remove the generic term ‘‘xray’’ and replace it with ‘‘medical x-ray 

device’’ in § 552.13. 

We also revise § 552.13(a) to delete 

the term ‘‘fluoroscope.’’ It is inaccurate 

to state that the Bureau uses 

fluoroscopes in the same way as major 

instruments (including anoscope or 

vaginal speculum) or surgical intrusion 

(i.e., only for medical reasons and with 

the inmate’s consent). In fact, as we 

continue to state in subparagraph (b), 

medical x-rays devices such as 

fluoroscopes are also used to detect 

contraband under specifically 

delineated circumstances: Only when 

‘‘determined necessary for the security, 

good order, or discipline of the 

institution,’’ and only ‘‘upon approval 

of the Regional Director.’’ 

Except for the change in terminology 

from ‘‘x-ray’’ to ‘‘medical x-ray device’’, 

the remainder of § 552.13 is unchanged. 

Executive Order 12866 

This regulation has been drafted and 

reviewed in accordance with Executive 

Order 12866, ‘‘Regulatory Planning and 

Review’’ section 1(b), Principles of 

Regulation. The Department of Justice 


tkelley on DSK3SPTVN1PROD with PROPOSALS
Federal Register / Vol. 79, No. 31 / Friday, February 14, 2014 / Proposed Rules 8911 

has determined that this rule is not a 

‘‘significant regulatory action’’ under 

Executive Order 12866, section 3(f), 

Regulatory Planning and Review, and 

accordingly this rule has been reviewed 

by the Office of Management and 

Budget (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 

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 section 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. 

List of Subjects 28 CFR Part 552 

Prisoners. 

Charles E. Samuels, Jr., 

Director, Bureau of Prisons. 

Accordingly, 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, Bureau of 

Prisons in 28 CFR 0.96, we propose to 

amend 28 CFR part 552 as set forth 

below. 

SUBCHAPTER C—INSTITUTIONAL 

MANAGEMENT 

PART 552—CUSTODY 

■ 1. Revise the authority citation for 28 

CFR part 552 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. 

■ 2. Revise § 552.11(a) to read as 

follows: 

§ 552.11 Searches of inmates. 

(a) Electronic devices. Inspection of an 

inmate’s person using electronic devices 

(for example, metal detector, ion 

spectrometry device, or body imaging 

search device) does not require the 

inmate to remove clothing. The 

inspection may also include a search of 

the inmate’s clothing and personal 

effects. Staff may conduct an electronic 

device search of an inmate on a routine 

or random basis to control contraband. 

* * * * * 

■ 3. Revise § 552.13 to read as follows: 

§ 552.13 Medical x-ray device, major 

instrument, or surgical intrusion. 

(a) The institution physician may 

authorize use of a major instrument 

(including anoscope or vaginal 

speculum) or surgical intrusion for 

medical reasons only, with the inmate’s 

consent. 

(b) The institution physician may 

authorize use of a medical x-ray device 

for medical reasons and only with the 

consent of the inmate. When there exists 

no reasonable alternative, and an 

examination using a medical x-ray 

device is determined necessary for the 

security, good order, or discipline of the 

institution, the Warden, upon approval 

of the Regional Director, may authorize 

the institution physician to order a nonrepetitive examination using a medical 

x-ray device for the purpose of 

determining if contraband is concealed 

in or on the inmate (for example: In a 

cast or body cavity). The examination 

using a medical x-ray device may not be 

performed if it is determined by the 

institution physician that it is likely to 

result in serious or lasting medical 

injury or harm to the inmate. Staff shall 

place documentation of the examination 

and the reasons for the examination in 

the inmate’s central file and medical 

file. 

(1) The Warden and Regional Director 

or persons officially acting in that 

capacity may not redelegate the 

authority to approve an examination 

using medical x-ray device for the 

purpose of determining if contraband is 

present. An Acting Warden or Acting 

Regional Director may, however, 

perform this function. 

(2) Staff shall solicit the inmate’s 

consent prior to an examination using a 

medical x-ray device. However, the 

inmate’s consent is not required. 

(c) The Warden may direct searches of 

inanimate objects using a medical x-ray 

device where the inmate is not exposed. 

[FR Doc. 2014–03240 Filed 2–13–14; 8:45 am] 

BILLING CODE 4410–05–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2013–0972] 

RIN 1625–AA09 

Drawbridge Operation Regulation; 

Bush River, Perryman, MD 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard proposes to 

modify the interim rule that currently 

governs the Amtrak Bridge, at mile 6.8 

over Bush River, at Perryman, MD. The 

proposed rule intends to update the 

language of the current regulation to 

reflect the intent of the original 

schedule and confirm the interim rule 

as final. 

DATES: Comments and related material 

must reach the Coast Guard on or before 

April 15, 2014. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2013–0972 using any one of the 

following methods: 

(1) Federal eRulemaking Portal: 

http://www.regulations.gov. 

(2) Fax: 202–493–2251. 

(3) Mail or Delivery: Docket 

Management Facility (M–30), U.S. 

Department of Transportation, West 

Building Ground Floor, Room W12–140, 

1200 New Jersey Avenue SE., 


tkelley on DSK3SPTVN1PROD with PROPOSALS