[Federal Register Volume 61, Number 243 (Tuesday, December 17, 1996)]
[Rules and Regulations]
[Page 66220]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-31923]


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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.

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SUMMARY: This Directive delegates authority to the Postmaster General 
to settle administrative claims presented pursuant to the Federal Tort 
Claims Act where the amount of the settlement does not exceed $200,000. 
The Directive implements the Administrative Dispute Resolution Act. 
This Directive will alert the general public to the new authority and 
is being published in the CFR to provide a permanent record of this 
delegation.

EFFECTIVE DATE: December 17, 1996.

FOR FURTHER INFORMATION CONTACT:
Jeffrey Axelrad, Director, Torts Branch, Civil Division, U.S. 
Department of Justice, Washington, D.C. 20530, (202) 616-4400.

SUPPLEMENTARY INFORMATION: This Directive has been issued to delegate 
settlement authority and is a matter solely related to division of 
responsibility between the Department of Justice and the Postal 
Service. It does not have a significant economic impact on a 
substantial number of small entities. 5 U.S.C. 605(b). It is not a 
significant regulation action within the meaning of Executive Order No. 
12866.

List of Subjects in 28 CFR Part 14

    Authority delegations (Government agencies), Claims.

    By virtue of the authority vested in me by part 0 of Title 28 of 
the Code of Federal Regulations, including Secs. 0.45, 0.160, 0.162, 
0.164, and 0.168, 28 CFR part 14 is amended as follows:

PART 14--ADMINISTRATIVE CLAIMS UNDER FEDERAL TORT CLAIMS ACT

    1. The authority citation for Part 14 continues to read as follows:

    Authority: 5 U.S.C. 301; 28 U.S.C. 509, 510, 2672; 38 U.S.C. 
224(a).

    2. The Appendix to Part 14 is amended by revising the heading and 
text for the ``Delegation of Authority to the Postmaster General'' to 
read as follows:

Appendix to Part 14--Delegations of Settlement Authority

* * * * *

Delegation of Authority to the Postmaster General

    Section 1. Authority to compromise tort claims.
    (a) The Postmaster General shall have the authority to adjust, 
determine, compromise and settle a claim involving the Postal 
Service 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 $200,000. When the Postmaster General 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 Postmaster General may redelegate in writing the 
settlement authority delegated to him under this section.
    Section 2. Memorandum.
    Whenever the Postmaster General settles any administrative claim 
pursuant to the authority granted by section 1 for an amount in 
excess of $100,000 and within the amount delegated to him under 
section 1, a memorandum fully explaining the basis for the action 
taken shall be executed. A copy of this memorandum shall be sent to 
the Director, FTCA Staff, Torts Branch of the Civil Division.
* * * * *
Frank W. Hunger,
Assistant Attorney General, Civil Division.
[FR Doc. 96-31923 Filed 12-16-96; 8:45 am]
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