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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 []


28 CFR Part 0

[AG Order No. 2328-2000]

 Delegation of Authority: Settlement Authority

AGENCY: Department of Justice

ACTION: Final rule.
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:


    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]