# 73 FR 35984: Use of Non-Lethal Force: Delegation > Federal · Regulations · In force URL: https://www.frixlaw.com/law-library/statutes/FR_PRORULE_E8-14363 ## Section - **Citation:** 73 FR 35984 - **Heading:** Use of Non-Lethal Force: Delegation - **Jurisdiction:** Federal - **Kind:** Regulations - **Status:** In force - **Text as of:** August 14, 2026 - **Source:** Compiled text - **Location:** Federal Register / Vol. 73 / 73 FR 35984 ## Text DEPARTMENT OF JUSTICE Bureau of Prisons 28 CFR Part 552 [BOP-1146-P] RIN 1120-AB46 Use of Non-Lethal Force: Delegation AGENCY: Bureau of Prisons, Justice. ACTION: Proposed rule. SUMMARY: In this document, the Bureau of Prisons (Bureau) proposes to amend its regulation on the use of chemical agents and non-lethal force to clarify that the authority of the Warden to authorize the use of chemical agents or non-lethal weapons may not be delegated below the position of Lieutenant. DATES: Comments are due by August 25, 2008. ADDRESSES: Rules Unit, Office of General Counsel, Bureau of Prisons, 320 First Street, NW., Washington, DC 20534. FOR FURTHER INFORMATION CONTACT: Sarah Qureshi, Office of General Counsel, Bureau of Prisons, phone (202) 307-2105. SUPPLEMENTARY INFORMATION: Posting of Public Comments . Please note that all comments received are considered part of the public record and made available for public inspection online at http://www.regulations.gov . Such information includes personal identifying information (such as your name, address, etc.) voluntarily submitted by the commenter. 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 has so much confidential business information that it cannot be effectively redacted, all or part of that comment may not be posted on http://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. Discussion In this document, the Bureau proposes to amend its regulation on the use of chemical agents and non-lethal force to clarify that the authority of the Warden to authorize the use of chemical agents or non-lethal weapons may not be delegated below the position of Lieutenant. The current regulation states that the Warden may authorize the use of chemical agents or non-lethal weapons only when the situation is such that the inmate: (1) Is armed and/or barricaded; or (2) Cannot be approached without danger to self or others; and (3) It is determined that a delay in bringing the situation under control would constitute a serious hazard to the inmate or others, or would result in a major disturbance or serious property damage. This revision resulted from a routine check of the Bureau's policies. The revised regulation will enable the Warden to further delegate the authority to make the determination that a situation warrants the use of chemical agents or non-lethal weapons to the senior facility supervisor on duty and physically present, but not below the position of Lieutenant. Currently, this regulation requires that such authority not be delegated below the level of 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. This regulation has been determined to be a “significant regulatory action” under Executive Order 12866, section 3(f), Regulatory Planning and Review, and accordingly this rule has 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. Therefore, under Executive Order 13132, we determine that this regulation 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 regulation 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 regulation 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 regulation 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. Small Business Regulatory Enforcement Fairness Act of 1996. This regulation is not a major rule as defined by § 804 of the Small Business Regulatory Enforcement Fairness Act of 1996. This regulation 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 552 Prisoners. Harley G. Lappin, Director, 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, Bureau of Prisons in 28 CFR 0.96, we propose to amend 28 CFR part 552 as follows. Subchapter C—Institutional Management PART 552—CUSTODY 1. The authority citation for 28 CFR part 552 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; 28 CFR 0.95-0.99. 2. Revise § 552.25 to read as follows: § 552.25 Use of chemical agents or non-lethal weapons. (a) The Warden may authorize the use of chemical agents or non-lethal weapons only when the situation is such that the inmate: (1) Is armed and/or barricaded; or (2) Cannot be approached without danger to self or others; and (3) It is determined that a delay in bringing the situation under control would constitute a serious hazard to the inmate or others, or would result in a major disturbance or serious property damage. (b) The Warden may delegate the authority under this regulation to the senior facility supervisor on duty and physically present, but not below the position of Lieutenant. [FR Doc. E8-14363 Filed 6-24-08; 8:45 am] BILLING CODE 4410-05-P ## Nearby sections - [73 FR 140 Pacific Halibut Fisheries; Catch Sharing Plan](https://www.frixlaw.com/law-library/statutes/FR_PRORULE_E7-25535.md) - [73 FR 826 Transportation of Radioactive Material in Quantities of Concern](https://www.frixlaw.com/law-library/statutes/FR_PRORULE_E7-25630.md) - [73 FR 836 Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; VOC and NOX RACT Determinations for Merck and Co., Inc.](https://www.frixlaw.com/law-library/statutes/FR_PRORULE_E7-25641.md) - [73 FR 1131 S Corporation Guidance Under AJCA of 2004 and GOZA of 2005; Hearing Cancellation](https://www.frixlaw.com/law-library/statutes/FR_PRORULE_E8-24.md) - [73 FR 1162 Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Redesignation of the Allentown-Bethlehem-Easton 8-hour Ozone Nonattainment Area to Attainment and Approval of the Maintenance Plan and 2002 Base-Year Inventory](https://www.frixlaw.com/law-library/statutes/FR_PRORULE_E8-27.md) - [73 FR 1175 Approval and Promulgation of Implementation Plans and Designation of Areas for Air Quality Planning Purposes; Nevada; Wintertime Oxygenated Gasoline Rule; Vehicle Inspection and Maintenance Program; Redesignation of Truckee Meadows to Attainment for the Carbon Monoxide Standard](https://www.frixlaw.com/law-library/statutes/FR_PRORULE_E7-25636.md) - [73 FR 1299 Regulatory Flexibility Act Review of the Methylene Chloride Standard](https://www.frixlaw.com/law-library/statutes/FR_PRORULE_E8-62.md) - [73 FR 1851 Approval and Promulgation of Air Quality Implementation Plans; Maryland; NOX and SO2 Emissions Limitations for Fifteen Coal-Fired Electric Generating Units](https://www.frixlaw.com/law-library/statutes/FR_PRORULE_E8-276.md) - [73 FR 1853 Defense Federal Acquisition Regulation Supplement; DoD Law of War Program (DFARS Case 2006-D035)](https://www.frixlaw.com/law-library/statutes/FR_PRORULE_E8-176.md) - [73 FR 3226 Revisions to the California State Implementation Plan, Kern County Air Pollution Control District](https://www.frixlaw.com/law-library/statutes/FR_PRORULE_E8-192.md) - [73 FR 3430 Proposed Establishment of Class E Airspace; Pagosa Springs, CO](https://www.frixlaw.com/law-library/statutes/FR_PRORULE_E8-850.md) - [73 FR 3655 Existence of Proposed Airworthiness Design Standards for Acceptance Under the Primary Category Rule; Cubcrafters, Inc., Model PC18-160](https://www.frixlaw.com/law-library/statutes/FR_PRORULE_E8-852.md) - [73 FR 4127 Airworthiness Directives; Pacific Aerospace Limited Models FU24-954 and FU24A-954 Airplanes](https://www.frixlaw.com/law-library/statutes/FR_PRORULE_E8-1137.md) - [73 FR 4131 Consolidated Returns; Intercompany Obligations; Hearing](https://www.frixlaw.com/law-library/statutes/FR_PRORULE_E8-1145.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/FR_PRORULE_E8-14363. Check the current official text before relying on it. Not legal advice.