[Federal Register Volume 61, Number 217 (Thursday, November 7, 1996)]
[Rules and Regulations]
[Page 57577]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-27892]



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 Rules and Regulations
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  Federal Register / Vol. 61, No. 217 / Thursday, November 7, 1996 / 
Rules and Regulations  

[[Page 57577]]



DEPARTMENT OF AGRICULTURE

Office of the Secretary

7 CFR Part 1


Claims, Administrative Regulations Amendment

AGENCY: Office of the Secretary of Agriculture, USDA.

ACTION: Final rule.

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SUMMARY: This document amends the Administrative Regulations of the 
United States Department of Agriculture (USDA) as part of the USDA 
regulatory reinvention initiative to improve its regulations. This 
final rule removes those provisions relating to claims submitted prior 
to 1967 and updates the procedure for filing FTCA claims.

EFFECTIVE DATE: December 9, 1996.

FOR FURTHER INFORMATION CONTACT:
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.

SUPPLEMENTARY INFORMATION:

Background

    On April 12, 1996, USDA published in the Federal Register (61 FR 
16231) a proposal to revise the administrative regulations of USDA 
relating to claims submitted pursuant to the Federal Tort Claims Act 
(FTCA) contained in 7 CFR Part 1, Subpart D. No comments were received 
pursuant to the proposed rulemaking.

Executive Order 12866 and Regulatory Flexibility Act

    This final 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 final rule will not have any economic impact.

Executive Order 12778

    This final rule has been reviewed under Executive Order 12778, 
Civil Justice Reform. This final 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 final rule contains no information collection or recordkeeping 
requirements under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 
et seq.).

Small Business Regulatory Enforcement Fairness Act of 1996

    This final rule removes those provisions relating to claims 
submitted prior to 1967 and updates the procedure for filing FTCA 
claims. It does not affect substantially the rights of non-agency 
parties. Accordingly, pursuant to section 804(3)(C) of the Small 
Business Regulatory Enforcement Fairness Act of 1966, Public Law 104-
121, this rule is exempt from the provisions of that Act.

List of Subjects in 7 CFR Part 1

    Administrative practice and procedure, Agriculture, Claims.

    Accordingly, 7 CFR part 1, subpart D is amended 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 (DOJ) contained in 
28 CFR part 14, the United States Department of Agriculture (USDA) may, 
subject to the provisions of the FTCA and DOJ 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 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 here designee, shall notify the claimant, or his or 
her duly authorized agent or legal representative.

    Done in Washington, D.C., this 23rd day of October, 1996.
Dan Glickman,
Secretary of Agriculture.
[FR Doc. 96-27892 Filed 11-6-96; 8:45 am]
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