76656 Federal Register / Vol. 88, No. 214 / Tuesday, November 7, 2023 / Rules and Regulations 

promulgated, does not have a significant 

economic impact on a substantial 

number of small entities under the 

criteria of the Regulatory Flexibility Act. 

Environmental Review 

The FAA has determined that this 

action qualifies for categorical exclusion 

under the National Environmental 

Policy Act in accordance with FAA 

Order 1050.1F, ‘‘Environmental 

Impacts: Policies and Procedures,’’ 

paragraph 5–6.5a. This airspace action 

is not expected to cause any potentially 

significant environmental impacts, and 

no extraordinary circumstances warrant 

the preparation of an environmental 

assessment. 

Lists of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (air). 

The Amendment 

In consideration of the foregoing, the 

Federal Aviation Administration 

amends 14 CFR part 71 as follows: 

PART 71—DESIGNATION OF CLASS A, 

B, C, D, AND E AIRSPACE AREAS; AIR 

TRAFFIC SERVICE ROUTES; AND 

REPORTING POINTS 

■ 1. The authority citation for part 71 

continues to read as follows: 

Authority: 49 U.S.C. 106(f), 106(g); 40103, 

40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 

1959–1963 Comp., p. 389. 

§ 71.1 [Amended] 

■ 2. The incorporation by reference in 

14 CFR 71.1 of FAA Order JO 7400.11H, 

Airspace Designations and Reporting 

Points, dated August 11, 2023, and 

effective September 15, 2023, is 

amended as follows: 

Paragraph 5000 Class D Airspace. 

* * * * * 

ASO FL D Milton, FL [Removed] 

* * * * * 

Paragraph 6002 Class E Surface Airspace. 

* * * * * 

ASO FL E2 Milton, FL [Removed] 

* * * * * 

Paragraph 6005 Class E Airspace Areas 

Extending Upward From 700 Feet or More 

Above the Surface of the Earth. 

* * * * * 

ASO FL E5 Choctaw Outlying Field, FL 

[Removed] 

* * * * * 

ASO FL E5 Milton, FL [Removed] 

* * * * * 

Issued in College Park, Georgia, on 

November 1, 2023. 

Andreese C. Davis, 

Manager, Airspace & Procedures Team South, 

Eastern Service Center, Air Traffic 

Organization. 

[FR Doc. 2023–24543 Filed 11–6–23; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF JUSTICE 

Bureau of Prisons 

28 CFR Part 543 

[BOP–1180–I] 

RIN 1120–AB80 

Federal Tort Claims Act—Technical 

Changes 

AGENCY: Bureau of Prisons, Justice. 

ACTION: Interim rule. 

SUMMARY: In this document, the Bureau 

of Prisons (Bureau) makes 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 November 

7, 2023. Electronic comments must be 

submitted, and written comments must 

be postmarked, no later than 11:59 p.m. 

on January 8, 2024. 

ADDRESSES: Please submit electronic 

comments through the regulations.gov 

website, or mail written comments to 

the Legislative & Correctional Issues 

Branch, Office of General Counsel, 

Bureau of Prisons, 320 First Street NW, 

Washington, DC 20534. 

FOR FURTHER INFORMATION CONTACT: 

Daniel J. Crooks III, Assistant General 

Counsel, Federal Bureau of Prisons, at 

the address above or at (202) 353–4885. 

SUPPLEMENTARY INFORMATION: Please 

note that all comments received are 

considered part of the public record and 

made available for public inspection 

online at www.regulations.gov. 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 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. 

I. Discussion 

In this document, the Bureau makes 

minor revisions to regulations in 28 CFR 

part 543, subpart C—Federal Tort 

Claims Act that clarify requirements for 

presenting claims and correct obsolete 

and/or incorrect references to Bureau 

offices. Each of these minor changes is 

discussed below. 

Where to present the claim. The 

Bureau revises section 543.31, 

paragraph (c), to delete extraneous 

language and language indicating that if 

a loss or injury occurs in a training 

center, claimants may forward claims to 

the Associate General Counsel, Federal 

Law Enforcement Training Center. This 

inaccurately identifies the appropriate 

office designated to receive claims 

involving Bureau training centers. 

Claims are now accepted and processed 

at the appropriate Bureau Regional 

Counsel office for the region in which 

the training center is located. 

Deletion of ‘‘a training center.’’ Also 

in section 543.32, Processing the claim, 

the Bureau deletes the phrase ‘‘a 

training center’’ in paragraph (b). This 

paragraph indicates that if a claim is 

submitted to the incorrect office, the 

claimant will be notified that the claim 

was transferred to the appropriate office. 

The appropriate office may be another 

BOP office or another Federal agency. It 

will no longer refer to a training center, 

however, because such claims will no 

longer be processed there (see 

discussion above on ‘‘where to present 

the claim’’). 

Requests for additional information 

during investigations of claims. The 

Bureau deletes ‘‘rejection or’’ in the last 

sentence of section 543.32(c) to clarify 

that, after a claim has been properly 


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Federal Register / Vol. 88, No. 214 / Tuesday, November 7, 2023 / Rules and Regulations 76657 

presented and an investigation initiated, 

if a claimant fails to provide requested 

information, the claim may be denied. 

Specificity of office designation. In 

paragraph (d) of section 543.32, 

regarding the offices with authority to 

deny or propose settlement of a claim, 

the Bureau clarifies that the Associate 

General Counsel, Litigation Branch, in 

the Office of General Counsel will 

investigate and propose settlement, and 

that if the proposed settlement exceeds 

the authority granted to the Bureau of 

Prisons (not authority granted to the 

Office of General Counsel), the General 

Counsel will seek Department of Justice 

approval. 

No consideration of appreciation/ 

depreciation. Finally, the Bureau deletes 

paragraph (f) of section 543.32, 

regarding the consideration of 

appreciation or depreciation of lost or 

damaged property during settlement of 

a claim. The Bureau deletes this 

paragraph because the former 

Department of Justice policy that 

required consideration of appreciation 

or depreciation, Policy Statement 

2110.23C (Filing And Settlement Of 

Claims Of Civilian Personnel For 

Damages To Or Loss Of Personal 

Property Incident To Service), was 

replaced with 1400.05 (Claims for 

Damage to, or Loss of, Personal 

Property), which does not allow for the 

use of appreciation/depreciation to 

determine the value of lost or damaged 

property. The Bureau also adjusts the 

designation of the paragraphs that 

follow to account for this deletion. 

II. Regulatory Analyses 

Administrative Procedure Act. 

‘‘Unless a statutory exception applies, 

the APA requires agencies to publish a 

notice of proposed rulemaking in the 

Federal Register before promulgating a 

rule that has legal force.’’ Little Sisters 

of the Poor Sts. Peter & Paul Home v. 

Pennsylvania, 591 U.S.---, 140 S. Ct. 

2367, 2384 (2020). The Administrative 

Procedure Act (5 U.S.C. 553(b)(3)(B)) 

allows exceptions to notice-andcomment rulemaking ‘‘when the agency 

for good cause finds . . . that notice and 

public procedure thereon are 

impracticable, unnecessary, or contrary 

to the public interest.’’ Further, sec. 

553(d) provides an exception to the 

usual requirement of a delayed effective 

date when an agency finds ‘‘good cause’’ 

that the rule be made immediately 

effective. 

An agency may claim notice and 

comment is ‘‘unnecessary’’ where the 

administrative rule is a routine 

determination, insignificant in nature 

and impact, and inconsequential to the 

industry and public. Mack Trucks, Inc. 

v. EPA, 682 F.3d 87, 94 (D.C. Cir. 2012); 

Util. Solid Waste Activities Grp. v. EPA, 

236 F.3d 749, 754–55 (D.C. Cir. 2001). 

Unlike previous Bureau interim rules 

courts have addressed, this Interim Rule 

is by its nature non-substantive, 

functioning only as updated step-bystep guidance for how individuals, 

including current and former inmates, 

can present administrative tort claims. 

Cf. Paulsen v. Daniels, 413 F.3d 999 (9th 

Cir. 2005) (holding the Bureau violated 

the APA by issuing an interim rule that 

had ‘‘the effect . . . [of] deny[ing] 

program eligibility to certain categories 

of inmates . . .). 

This rulemaking is exempt from 

normal notice-and-comment procedures 

because advance notice and public 

comment in this instance are 

unnecessary. The change to this 

regulation is non-substantive, minor, 

routine, insignificant, and made only to 

clarify Federal Tort Claims Act 

processing. This rulemaking makes no 

change to any rights or responsibilities 

of the agency or any regulated entities. 

Instead, this rulemaking seeks to 

promptly clarify legal procedures 

primarily for the benefit of individuals, 

including current and former federal 

inmates, who present administrative tort 

claims against the Bureau. For the same 

reasons, the Bureau finds that ‘‘good 

cause’’ exists to make this rule effective 

upon publication. Nevertheless, the 

Bureau invites public comment on this 

Interim Rule. 

Executive Orders 12866 and 13563. 

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 proposed 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. 

This proposed 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 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 revises 28 CFR 

part 543 as follows. 

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, 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 

■ 2. Revise paragraph (c) of § 543.31 to 

read as follows: 

§ 543.31 Presenting a claim. 

* * * * * 

(c) Presenting a claim. You may either 

mail or deliver the claim to the regional 

office in the region where the loss or 

injury occurred. If the loss or injury 

occurred in the Central Office, you may 

either mail or deliver the claim to the 


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76658 Federal Register / Vol. 88, No. 214 / Tuesday, November 7, 2023 / Rules and Regulations 

Office of General Counsel, Central 

Office. A list of addresses for all the 

Bureau institutions and offices can be 

found at www.bop.gov. 

■ 3. Revise paragraphs (a) through (d) 

and (f) of § 543.32 to read as follows: 

§ 543.32 Processing the claim. 

(a) Receipt of acknowledgment letters. 

If you have presented a claim signed by 

you or a duly authorized agent or legal 

representative that provides all the 

necessary information (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 presentment date and a 

claim number. If your submission is 

unsigned, or signed by a person without 

legal authority to present the claim on 

your behalf, or you fail to provide all 

necessary information, your submission 

will be rejected and returned to you for 

resubmission. The presentment date is 

the date your submission containing all 

required signatures and necessary 

information is 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 

correspondence with the agency. 

Additionally, you must inform the 

agency of any changes in your address. 

(b) Transfer of claims. If your claim is 

improperly submitted to the wrong 

office or agency, you will be notified by 

the responsible office that your claim 

was transferred to another regional 

office, the Central Office, or another 

agency. 

(c) Investigation. 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 denial of the claim. 

(d) Administrative claim 

decisionmaker. The Regional Counsel or 

his or her designee reviews the 

investigation and the supporting 

evidence and renders a decision on all 

claims properly presented to the 

regional office and within regional 

settlement authority. The Regional 

Counsel has limited settlement 

authority (up to an amount established 

by the Director of the Bureau of 

Prisons). After considering the merits of 

the claim, the Regional Counsel may 

deny or propose a settlement of the 

claim. The Associate General Counsel, 

Litigation Branch, will investigate and 

propose settlement for all claims 

properly presented in the Central Office 

in accordance with delegated settlement 

authority. If the proposed settlement 

exceeds the Bureau of Prisons’ 

authority, the General Counsel will seek 

approval from the appropriate 

Department of Justice officers. 

* * * * * 

(f) Options if claim is denied or 

settlement offer is unsatisfactory. 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 United States 

District Court, as no further 

administrative action is available. 

(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. 

* * * * * 

[FR Doc. 2023–24384 Filed 11–6–23; 8:45 am] 

BILLING CODE 4410–05–P 

FEDERAL MEDIATION AND 

CONCILIATION SERVICE 

29 CFR Part 1406 

RIN 3076–AA26 

FMCS Terms of Service 

AGENCY: Federal Mediation and 

Conciliation Service. 

ACTION: Final rule. 

SUMMARY: The Federal Mediation and 

Conciliation Service (FMCS) is issuing 

this final rule for FMCS clients. This 

rulemaking sets forth terms for FMCS’s 

provision of services. This rulemaking 

further expounds upon confidentiality 

rules associated with FMCS’s services. 

DATES: This final rule is effective 

December 7, 2023. 

FOR FURTHER INFORMATION CONTACT: 

Alisa Zimmerman, Deputy General 

Counsel, Office of General Counsel, 

Federal Mediation and Conciliation 

Service, 250 E St SW, Washington, DC 

20427; Office/Fax/Mobile 202–606– 

5488; azimmerman@fmcs.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

The Federal Mediation and 

Conciliation Service (FMCS) works to 

build better, more effective workplace 

relationships and mitigate the damage 

from inevitable conflict through 

preventive dialogue, honest 

communication, and responsive 

strategies. Through our mission, FMCS 

provides professional services to a wide 

range of Federal, state, and local 

government agencies to resolve 

disputes, design conflict management 

systems, build capacity for constructive 

conflict management, and strengthen 

inter-agency and public-private 

cooperation. In offering these services, 

FMCS recipients must agree to abide by 

the final rule to preserve the integrity of 

the provided services. 

II. Analysis of the Regulations 

Section 1406.1 General Terms of 

Service 

Paragraphs (a) through (g) set forth 

general terms of service applicable to all 

FMCS services. More specifically: 

Paragraph (a) explains that when 

FMCS services are chosen, recipients of 

the services agree to abide by the terms 

as well as any other terms of services 

provided by FMCS and will hold FMCS 

and any FMCS neutral harmless. 

Paragraph (b) notes FMCS will 

determine the date, time, and manner of 

services in accordance with applicable 

statutes and regulations. 

Paragraph (d) explains that any 

person shadowing an FMCS neutral 

agrees to be bound by the same 

confidentiality standards as the FMCS 

neutral, which will be honored by the 

parties. 

Paragraph (e) notes that FMCS 

recognizes the importance of mediator 

confidentiality, and as such FMCS will 

not produce materials related to a 

mediation, with some exceptions. 

Paragraph (f) states that this section 

does not negate or modify FMCS’s 

Confidential Commercial Information 

(CCI) regulation. 

Paragraph (g) discusses that FMCS 

will make the terms publicly available 

and make a copy available to all parties 

upon request. 

Section 1406.2 Terms of Service for 

Mediation, Facilitation, and Other 

Alternative Dispute Resolution Services 

Paragraphs (a) through (g) sets forth 

additional terms of service specific to 

mediation, facilitation, & other 

alternative dispute resolution services 

provided by FMCS. 


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