[Federal Register Volume 63, Number 105 (Tuesday, June 2, 1998)]
[Rules and Regulations]
[Page 29945]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-14505]


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DEPARTMENT OF COMMERCE

Office of the Secretary

15 CFR Part 2

[Docket No. 980515130-8130-01]
RIN 0690-AA29


Procedures for Handling and Settlement of Claims Under the 
Federal Tort Claims Act

AGENCY: Department of Commerce.

ACTION: Final rule.

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SUMMARY: The Department of Commerce is amending its procedures for 
handling and settlement of claims under the Federal Tort Claims Act. 
The amendments will bring the regulations into conformity with present 
practice and statutory and organizational changes that have taken place 
since the regulations were previously amended in 1983.

EFFECTIVE DATE: June 2, 1998.

FOR FURTHER INFORMATION CONTACT: Donald Reed or M. Timothy Conner at 
202-482-1067.

SUPPLEMENTARY INFORMATION: On March 7, 1967, the Department of Commerce 
(DOC) published procedures in accordance with the Attorney General's 
regulations at 28 CFR Part 14 which apply to claims asserted under the 
Federal Tort Claims Act. The DOC regulations delegated authority to 
settle or deny claims to the General Counsel and established procedures 
for the administrative adjudication of such claims. When the DOC 
regulations were issued, the Assistant General Counsel for 
Administration was responsible for all procedures concerning such 
claims. The Assistant General Counsel for Finance and Litigation now 
has this responsibility. In addition, paragraph (d) of section 2.2 is 
removed to make the regulations consistent with amendments made by Pub. 
L. 100-694 to the Federal Tort Claims Act. These amendments, at Section 
2679, provided that employees acting within the scope of their 
employment have full personal immunity from all common law torts, not 
just motor vehicle accidents. Paragraph (f) of section 2.2 is removed 
because it is outdated and no longer necessary, and Section 2.7 is 
removed because an annual report is no longer a Departmental 
requirement.

Rulemaking Requirements

    This rule has been determined to be not significant for purposes of 
Executive Order 12866. This rule of agency organization, procedure and 
practice is exempt from all requirements of section 553 of the 
Administrative Procedure Act (5 U.S.C. 553), including the requirements 
of notice and comment and delayed effective date. Because a notice of 
proposed rulemaking is not required by 5 U.S.C. 553 or any other law, 
the analytical requirements of the Regulatory Flexibility Act (5 U.S.C. 
601 et seq.) are not applicable.
    This rule does not contain information collection requirements 
subject to the procedures of the Paperwork Reduction Act.

List of Subjects in 15 CFR Part 2

    Administrative practice and procedure, Claims, Law.

    For the reasons set forth in the preamble, 15 CFR Part 2 is amended 
as follows:

PART 2--PROCEDURES FOR HANDLING AND SETTLEMENT OF CLAIMS UNDER THE 
FEDERAL TORT CLAIMS ACT

    1. The authority for 15 CFR part 2 is revised to read as follows:

    Authority: 28 U.S.C. 2672.


Sec. 2.2  [Amended]

    2. In Sec. 2.2, remove paragraphs (d) and (f) and redesignate 
paragraph (e) as (d) and (g) as (e), respectively.


Sec. 2.4  [Amended]

    3. In Sec. 2.4, in paragraphs (b) and (c) remove the word 
``Administration'' and add in its place ``Finance and Litigation''.


Sec. 2.5  [Amended]

    4. In Sec. 2.5, in paragraphs (a) and (b) remove the word 
``Administration'' and add in its place ``Finance and Litigation''.


Sec. 2.7  [Amended]

    5. Remove Sec. 2.7 and redesignate Sec. 2.8 as Sec. 2.7.
    6. In the newly redesignated Sec. 2.7, in paragraphs (a) and (b) 
remove the word ``Administration'' and add in its place ``Finance and 
Litigation''.
    7. In addition to the amendments set forth above, in the newly 
redesignated Sec. 2.7, in paragraph (a) remove the word ``he'' and add 
in its place ``he/she''.
    8. In addition to the amendments set forth above, in the newly 
redesignated Sec. 2.7, in paragraph (b) remove the word ``his'' and add 
in its place ``his/her''.

    Dated: May 22, 1998.
Alden Abbott,
Assistant General Counsel for Finance and Litigation.
[FR Doc. 98-14505 Filed 6-1-98; 8:45 am]
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