[Federal Register Volume 88, Number 243 (Wednesday, December 20, 2023)]
[Rules and Regulations]
[Pages 87903-87904]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-28011]


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DEPARTMENT OF JUSTICE

Bureau of Prisons

28 CFR Part 543

[BOP-1180-I]
RIN 1120-AB80


Federal Tort Claims Act--Technical Changes; Correction

AGENCY: Bureau of Prisons, Justice.

ACTION: Correcting amendment.

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SUMMARY: In this document, the Bureau of Prisons (Bureau) corrects 
inadvertent errors and omissions in its regulations caused by errors in 
the interim final rule titled ``Federal Tort Claims Act--Technical 
Changes'' published in the Federal Register on November 7, 2023.

DATES: This correcting amendment is effective December 20, 2023.

FOR FURTHER INFORMATION CONTACT: Daniel J. Crooks III, Assistant 
General Counsel/Rules Administrator, at Legislative & Correctional 
Issues Branch, Office of General Counsel, Bureau of Prisons, 320 First 
Street NW, Washington, DC 20534 or at (202) 353-4885.

SUPPLEMENTARY INFORMATION:

Need for Correction

    On November 7, 2023, the Bureau published an interim final rule 
(IFR) in the Federal Register at 88 FR 76656 that made technical 
changes to how the Bureau processes Federal Tort Claims Act (FTCA) 
claims. This document corrects inadvertent errors and omissions in its 
regulations caused by errors in that rule.
    First, this document revises the headings of two paragraphs in 
Sec.  543.31 to conform with the statement-like form of other paragraph 
headings we amended in the IFR. Thus, the heading of Sec.  543.31(a) 
should be changed from ``Who may file a claim?'' to ``Claimant,'' and 
the heading of Sec.  543.31(b) should be changed from ``Where do I 
obtain a form for filing a claim?'' to ``Claim form.''
    Second, the third instruction of the IFR revised paragraphs (a) 
through (d) and (f) of Sec.  543.32. Paragraphs (g) and (h) were 
missing from that instruction, while they were correctly included in 
the amendatory language. In addition, the heading to paragraph (e) 
needs to be changed to conform with the declaratory headings of the 
other paragraphs. Finally, paragraph (i) needs to be deleted because, 
with the revisions to the other paragraphs, paragraph (i) is redundant.

List of Subjects in 28 CFR Part 543

    Prisoners.

    Accordingly, 28 CFR part 543 is corrected by making the following 
correcting amendments:

PART 543--LEGAL MATTERS

0
1. The authority citation for 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.

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2. Amend Sec.  543.31 by revising the section heading and the headings 
for paragraphs (a) and (b) to read as follows:


Sec.  543.31  Presenting a claim.

    (a) Claimant. * * *
    (b) Claim form. * * *
* * * * *

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3. Amend Sec.  543.32 by:
0
a. Revising the heading for paragraph (e) and paragraphs (g) and (h); 
and

[[Page 87904]]

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b. Removing paragraph (i).
    The revisions read as follows:


Sec.  543.32  Processing the claim.

* * * * *
    (e) Central Office review. * * *
* * * * *
    (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.

Daniel J. Crooks III,
Assistant General Counsel/Rules Administrator, Federal Bureau of 
Prisons.
[FR Doc. 2023-28011 Filed 12-19-23; 8:45 am]
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