[Federal Register: August 19, 2008 (Volume 73, Number 161)]
[Rules and Regulations]
[Page 48298-48299]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19au08-8]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF JUSTICE
28 CFR Part 14
Administrative Claims Under the Federal Tort Claims Act;
Delegation of Authority
AGENCY: Department of Justice.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: On June 17, 2003, the Assistant Attorney General in charge of
the Civil Division delegated to the Secretary of Homeland Security the
authority to settle administrative tort claims presented pursuant to
the Federal Tort Claims Act where the amount of the settlement does not
exceed $50,000. By including this delegation of authority in the Code
of Federal Regulations, the Civil Division is alerting the general
public to the delegation. This rule also implements the Administrative
Dispute Resolution Act.
EFFECTIVE DATE: August 19, 2008.
FOR FURTHER INFORMATION CONTACT: Phyllis J. Pyles, Director, Torts
Branch, Civil Division, U.S. Department of Justice, P.O. Box 888,
Washington, DC 20044, (202) 616-4400.
SUPPLEMENTARY INFORMATION: This rule is a delegation of authority from
the Assistant Attorney General for the Civil Division to the Secretary
of Homeland Security, a matter solely related to the division of
responsibility between the Department of Justice and the Department of
Homeland Security. As such, this rule is a rule of agency organization,
procedure, and practice that is limited to matters of agency management
and personnel. Accordingly: (1) This rule is exempt from the notice
requirement of 5 U.S.C. * 553(b) and is made effective upon issuance;
(2) the Department certifies under 5 U.S.C. * 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities and further that no Regulatory Flexibility Analysis was
required to be prepared for this final rule since the Department was
not required to publish a general notice of proposed rulemaking; (3)
this action is not a ``regulation'' or ``rule'' as defined by Executive
Order 12866, ``Regulatory
[[Page 48299]]
Planning and Review,'' Sec. 3(d)(3) and, therefore, this action has
not been reviewed by the Office of Management and Budget.
This rule 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, in accordance with Executive Order 13132,
``Federalism,'' it is determined that this rule does not have
sufficient federalism implications to warrant the preparation of a
Federalism Assessment. This regulation meets the applicable standards
set forth in sections 3(a) and 3(b)(2) of Executive Order 12988,
``Civil Justice Reform.'' 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.
Finally, this action pertains to agency management, personnel, and
organization and does not substantially affect the rights or
obligations of non-agency parties and, accordingly, is not a ``rule''
as that term is used by the Congressional Review Act (Subtitle E of the
Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA)).
Therefore, the reporting requirement of 5 U.S.C. * 801 does not apply.
List of Subjects in 28 CFR Part 14
Authority delegations (government agencies), Claims.
0
By virtue of the authority vested in me by part 0 of title 28 of the
Code of Federal Regulations, including sections 0.45, 0.160, 0.162,
0.164, and 0.168, 28 CFR part 14 is amended as follows:
PART 14--ADMINISTRATIVE CLAIMS UNDER TITLE FEDERAL TORT CLAIMS ACT
0
1. The authority citation for part 14 is revised to read as follows:
Authority: 5 U.S.C. 301; 28 U.S.C. 509, 510, and 2672.
0
2. The appendix to part 14 is amended by adding at the end of the
appendix ``Delegation of Authority to the Secretary of the Department
of Homeland Security'' to read as follows:
APPENDIX TO PART 14--DELEGATIONS OF SETTLEMENT AUTHORITY
* * * * *
Delegation of Authority to the Secretary of the Department of Homeland
Security Authority To Compromise Tort Claims
(a) The Secretary of the Department of Homeland Security shall
have the authority to adjust, determine, compromise, and settle a
claim involving the Department of Homeland Security under Section
2672 of Title 28, United States Code, relating to the administrative
settlement of federal tort claims if the amount of the proposed
adjustment, compromise, or award does not exceed $50,000. When the
Secretary believes a claim pending before him presents a novel
question of law or of policy, he shall obtain the advice of the
Assistant Attorney General in charge of the Civil Division.
(b) The Secretary may redelegate, in writing, the settlement
authority delegated to him under this section.
Dated: August 4, 2008.
Gregory G. Katsas,
Assistant Attorney General, Civil Division.
[FR Doc. E8-19045 Filed 8-18-08; 8:45 am]
BILLING CODE 4410-12-P