[Federal Register Volume 70, Number 97 (Friday, May 20, 2005)]
[Rules and Regulations]
[Pages 29194-29195]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-10044]


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DEPARTMENT OF JUSTICE

Bureau of Prisons

28 CFR Part 549

[BOP-1129-F]
RIN 1120-AB29


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

AGENCY: Bureau of Prisons, Justice.

ACTION: Final rule.

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SUMMARY: This document finalizes 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 June 20, 2005.

ADDRESSES: Rules Unit, Office of General Counsel, Bureau of Prisons, 
320 First Street, NW., Washington, DC 20534. Our email 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), and this correction as an interim final rule on September 3, 
2004 (69 FR 53804). We received no comments on the interim final rule, 
and therefore publish it as final without change.
    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.

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 Sec.  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-

[[Page 29195]]

based companies in domestic and export markets.

List of Subjects in 28 CFR Part 549

    Prisoners.

Harley G. Lappin,
Director, Bureau of Prisons.
[FR Doc. 05-10044 Filed 5-19-05; 8:45 am]
BILLING CODE 4410-05-P