[Federal Register Volume 61, Number 72 (Friday, April 12, 1996)]
[Proposed Rules]
[Page 16231]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-9114]



 ========================================================================
 Proposed Rules
                                                 Federal Register
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
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  Federal Register / Vol. 61, No. 72 / Friday, April 12, 1996 / 
Proposed Rules  

[[Page 16231]]



DEPARTMENT OF AGRICULTURE

Office of the Secretary

7 CFR Part 1


Claims, Administrative Regulations Amendment

AGENCY: Office of the Secretary of Agriculture, USDA.

ACTION: Proposed rulemaking.

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SUMMARY: This document proposes to amend the Administrative Regulations 
of the United States Department of Agriculture (USDA) relating to 
claims submitted pursuant to the Federal Tort Claims Act (FTCA) 
contained in 7 CFR Part 1, Subpart D, as part of the USDA regulatory 
reinvention initiative to improve its regulations.

DATES: Comments must be received by May 13, 1996.

ADDRESSES: Comments should be sent to: Robert L. Siegler, Deputy 
Assistant General Counsel, Research and Operations Division, Office of 
the General Counsel, USDA, room 2321, South Building, 14th Street and 
Independence Avenue SW., Washington, DC 20250, (202) 720-6035.

FOR FURTHER INFORMATION CONTACT:
Robert L. Siegler at the above address.

SUPPLEMENTARY INFORMATION: 

Background

    The President directed the heads of all departments and agencies to 
review all regulations and eliminate or revise regulations that are 
outdated or otherwise in need of reform. This proposed rule updates the 
USDA regulation contained in 7 CFR Sec. 1.51 relating to claims 
submitted under the FTCA to remove those provisions relating to claims 
submitted prior to 1967 and to update the procedure for filing FTCA 
claims.

Executive Order 12866 and Regulatory Flexibility Act

    This proposed rule has been reviewed under Executive Order 12866. 
The rule has been determined to be not significant for the purposes of 
Executive Order 12866 and, therefore, has not been reviewed by the 
Office of Management and Budget.
    This proposed rule will not have any economic impact.
    Under these circumstances, the Secretary has determined that this 
action will not have a significant economic impact on a substantial 
number of small entities.

Executive Order 12778

    This proposed rule has been reviewed under Executive Order 12778, 
Civil Justice Reform. This proposed rule: (1) preempts all state and 
local laws and regulations that are inconsistent with this rule; (2) 
has no retroactive effect; and (3) does not require administrative 
proceedings before parties may file suit in court challenging this 
rule.

Paperwork Reduction Act

    This proposed rule contains no information collection or 
recordkeeping requirements under the Paperwork Reduction Act of 1995 
(44 U.S.C. 3501 et seq.).

List of Subjects in 7 CFR Part 1

    Administrative practice and procedure, Agriculture, Claims.

    Accordingly, it is proposed to amend 7 CFR part 1, subpart D as 
follows:

PART 1--ADMINISTRATIVE REGULATIONS

Subpart D--Claims

    1. The authority citation for Subpart D continues to read as 
follows:

    Authority: 5 U.S.C. 301; 28 U.S.C. 2671-2680; 28 CFR part 14.

    2. Section 1.51 is revised to read as follows:


Sec. 1.51  Claims based on negligence, wrongful act or omission.

    (a) Authority of the Department. Under the provisions of the 
Federal Tort Claims Act (FTCA), as amended, 28 U.S.C. 2671-2680, and 
the regulations issued by the Department of Justice contained in 28 CFR 
part 14, the Department may, subject to the provisions of the FTCA and 
regulations, consider, ascertain, adjust, determine, compromise, and 
settle claims for money damages against the United States for personal 
injury, death, or property loss or damage caused by the negligent or 
wrongful act or omission of any employee of the United States 
Department of Agriculture (USDA) while acting within the scope of his 
or her office or employment, under circumstances where the United 
States, if it were a private person, would be liable, in accordance 
with the law of the place where the act or omission occurred.
    (b) Procedure for filing claims. Claims must be presented by the 
claimant, or by his or her duly authorized agent or legal 
representative as specified in 28 CFR 14.3. Standard Form 95, Claim for 
Damage or Injury, may be obtained from the agency within USDA that 
employs the employee who allegedly committed the negligent or wrongful 
act or omission. The completed claim form, together with appropriate 
evidence and information, as specified in 28 CFR 14.4, shall be filed 
with the agency from which it was obtained.
    (c) Determination of claims. (1) Delegation of authority to 
determine claims. The General Counsel, and such employees of the Office 
of the General Counsel as may be designated by the General Counsel, are 
hereby authorized to consider, ascertain, adjust, determine, 
compromise, and settle claims pursuant to the FTCA, as amended, and the 
regulations contained in 28 CFR part 14 and in this section.
    (2) Disallowance of claims. If a claim is denied the General 
Counsel, or his or her designee, shall notify the claimant, or his or 
her duly authorized agent or legal representative.

    Done in Washington, DC, this 5th day of April 1996.
Dan Glickman,
Secretary of Agriculture.
[FR Doc. 96-9114 Filed 4-11-96; 8:45 am]
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