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[Federal Register: October 10, 2000 (Volume 65, Number 196)]
[Rules and Regulations]
[Page 60100]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10oc00-6]
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DEPARTMENT OF JUSTICE
28 CFR Part 0
[AG Order No. 2328-2000]
Delegation of Authority: Settlement Authority
AGENCY: Department of Justice
ACTION: Final rule.
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SUMMARY: This rule delegates to the directors and commissioners of specified
components of the Department of Justice authority to settle administrative
claims presented pursuant to the Federal Tort claims Act (FTCA), where the
amount of the settlement does not exceed $50,000. Currently, the directors
and commissioners of the Bureau of Prisons, Federal Prison Industries,
Immigration and Naturalization Service,
Marshals Service, an the Drug Enforcement Administration have authority to
settle FTCA claims not exceeding $10,000. This rule will alert the general
public to the new authority of these officials and is being codified in the
Code of Federal Regulations to provide a permanent record of this delegation.
EFFECTIVE DATE: October 10, 2000.
FOR FURTHER INFORMATION CONTACT: Jeffrey Axelrad, Director, Torts Branch,
Civil Division, U.S. Department of Justice, P.O. Box 888, Benjamin Franklin
Station, Washington, DC 20044, (202) 616-4400.
SUPPLEMENTARY INFORMATION: This rule has been issued to delegate settlement
authority to various Department of Justice officials. It is a matter solely
related to the division of responsibility within the Department of Justice.
It relates to matters of agency policy, management, or personnel, and is
therefore exempt from the usual requirements of prior notice and comment,
and a 30-day delay in the effective date. See 5 U.S.C. 553(a)(2), (b)(A).
Executive Order 12866
This rule falls within a category of actions that the Office of
Management and Budget (OMB) has determined do not constitute ``significant
regulatory actions`` under section 3(f) of Executive Order 12866 and,
accordingly, was not reviewed by OMB.
Executive Order 13132
This rule will not have substantial direct effects on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. Therefore, in accordance with section 6 of Executive Order
13132, the Department of Justice has determined that this rule does not
have sufficient federalism implications to warrant the preparation of a
federalism summary impact statement.
Regulatory Flexibility Act
The Attorney General, in accordance with the Regulatory Flexibility Act,
5 U.S.C. 605(b), has reviewed this regulation and, by approving it, certifies
that this regulation will not have a significant economic impact upon a
substantial number of small entities.
Unfunded Mandates Reform Act of 1995
This rule 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 rule is not a major rule as defined section 251 of the Small Business
Regulatory Enforcement Fairness Act of 1996, 5 U.S.C. 804. 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.
Plain Language Instructions
We try to write clearly. If you can suggest how to improve the clarity of these
regulations, call or write Jeffrey Axelrad at the address and telephone number
given above.
List of Subjects in 28 CFR Part 0
Authority delegations (government agencies), Claims. Accordingly, Part 0 of
Title 28 of the Code of Federal Regulations is amended as follows:
PART 0--ORGANIZATION OF THE DEPARTMENT
1. The authority citation for Part 0 continues to read as follows:
Authority: 5 U.S.C. 301; 28 U.S.C. 509, 510, 515-519.
2. Section 0.172 of Part 0, Subpart Y, is amended by revising paragraph (a)
to read as follows:
Sec. 0.172 Authority: Federal tort claims.
(a) The Director of the Bureau of Prisons, the Commissioner of Federal Prison
Industries, the Commissioner of the Immigration and Naturalization Service,
the Director of the United States Marshals Service, and the Administrator of
the Drug Enforcement Administration shall have authority to adjust, determine,
compromise, and settle a claim involving the Bureau of Prisons, Federal Prison
Industries, the Immigration and Naturalization Service, the United States Marshals
Service, and the Drug Enforcement Administration, respectively, under section 2672
of title 28, United States Code, relating to the administrative settlement of Federal
tort claims, if the amount of a proposed adjustment, compromise, settlement, or
award does not exceed $50,000. When, in the opinion of one of those officials, such a
claim pending before him presents a novel question of law or a question of policy,
he shall obtain the advice of the Assistant Attorney General in charge of the Civil
Division before taking action on the claim.
* * * * *
Dated: October 2, 2000.
Janet Reno,
Attorney General.
[FR Doc. 00-25904 Filed 10-6-00; 8:45 am]
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