[Federal Register: September 3, 2004 (Volume 69, Number 171)]
[Rules and Regulations]
[Page 53804-53805]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03se04-9]
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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
BOPRULES@BOP.GOV.
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.
0
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
0
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
0
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.
* * * * *
[FR Doc. 04-20097 Filed 9-2-04; 8:45 am]
BILLING CODE 4410-05-P