[Federal Register Volume 69, Number 171 (Friday, September 3, 2004)]
[Rules and Regulations]
[Pages 53804-53805]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-20097]


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DEPARTMENT OF JUSTICE

Bureau of Prisons

28 CFR Part 549

[BOP-1129-I]
RIN 1120-AB29


Over-The-Counter (OTC) Medications: Technical Correction

AGENCY: Bureau of Prisons, Justice.

ACTION: Interim final rule.

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SUMMARY: This document makes a minor technical correction to the Bureau 
of Prisons (Bureau) regulations on Over-The-Counter (OTC) medications. 
Previously, our rule defined an inmate without funds as one who has had 
an average daily trust fund account balance of less than $6.00 for the 
past 30 days. The words ``average daily'' in that definition resulted 
in incorrect classifications by the Bureau's business offices. The more 
accurate definition of an inmate without funds is one who has not had a 
trust fund account balance of $6.00 for the past 30 days. We therefore 
issue this technical correction.

DATES: This rule is effective September 3, 2004. Comments are due by 
November 2, 2004.

ADDRESSES: Rules Unit, Office of General Counsel, Bureau of Prisons, 
320 First Street, NW., Washington, DC 20534. Our e-mail address is 
[email protected].

FOR FURTHER INFORMATION CONTACT: Sarah Qureshi, Office of General 
Counsel, Bureau of Prisons, phone (202) 307-2105.

SUPPLEMENTARY INFORMATION: We amend our regulations on Over-The-Counter 
(OTC) medications (28 CFR part 549, subpart B). We published a final 
rule on this subject in the Federal Register on August 12, 2003(68 FR 
47847).
    Previously, our rule defined an inmate without funds as one who has 
had an average daily trust fund account balance of less than $6.00 for 
the past 30 days. The words ``average daily'' in that definition 
resulted in incorrect classifications by the Bureau's business offices. 
The more accurate definition of an inmate without funds is one who has 
not had a trust fund account balance of $6.00 for the past 30 days. We 
therefore issue this technical correction.

Administrative Procedure Act

    The Administrative Procedure Act (5 U.S.C. 553) allows exceptions 
to notice-and-comment rulemaking ``when the agency for good cause finds 
* * * that notice and public procedure thereon are impracticable, 
unnecessary, or contrary to the public interest.''
    This rulemaking is exempt from normal notice-and-comment procedures 
because it makes a minor technical correction in the wording of a 
definition. This change does not change the substance or application of 
the definition. This rulemaking makes no change to any rights or 
responsibilities of the agency or any regulated entities. Because this 
minor change is of a practical nature, normal notice-and-comment 
rulemaking is unnecessary. The public may, however, comment on this 
rule change because it is an interim final rule.

[[Page 53805]]

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 Director of the Bureau of Prisons 
has determined that this rule is not a ``significant regulatory 
action'' under Executive Order 12866, section 3(f), and accordingly 
this rule has not been reviewed by the Office of Management and Budget.

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. Under Executive Order 13132, this rule 
does not have sufficient federalism implications for which we would 
prepare 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 regulation. By 
approving it, the Director certifies that it will not have a 
significant economic impact upon a substantial number of small entities 
because: This rule is about 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 cause State, local and tribal governments, or 
the private sector, to spend $100,000,000 or more in any one year, and 
it will not significantly or uniquely affect small governments. We do 
not need to take action under 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 foreign-based companies in domestic and export markets.

List of Subjects in 28 CFR Part 549

    Prisoners.

Harley G. Lappin,
Director, Bureau of Prisons.

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Under the rulemaking authority vested in the Attorney General in 5 
U.S.C. 552(a) and delegated to the Director, Bureau of Prisons, we 
amend 28 CFR part 549 as follows.

SUBCHAPTER C--INSTITUTIONAL MANAGEMENT

PART 549--MEDICAL SERVICES

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1. The authority citation for 28 CFR part 549 continues to read as 
follows:

    Authority: 5 U.S.C. 301; 18 U.S.C. 3621, 3622, 3624, 4001, 4005, 
4042, 4045, 4081, 4082 (Repealed in part as to offenses committed on 
or after November 1, 1987), 4241-4247, 5006-5024 (Repealed October 
12, 1984, as to offenses committed after that date), 5039; 28 U.S.C. 
509, 510.

Subpart B--Over-The-Counter (OTC) Medications

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2. Revise Sec.  549.31(a) to read as follows:


Sec.  549.31  Inmates without funds.

    (a) The Warden must establish procedures to provide up to two OTC 
medications per week for an inmate without funds. An inmate without 
funds is an inmate who has not had a trust fund account balance of 
$6.00 for the past 30 days.
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[FR Doc. 04-20097 Filed 9-2-04; 8:45 am]
BILLING CODE 4410-05-P