[Federal Register Volume 65, Number 196 (Tuesday, October 10, 2000)]
[Rules and Regulations]
[Page 60100]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-25904]


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DEPARTMENT OF JUSTICE

28 CFR Part 0

[AG Order No. 2328-2000]


Delegation of Authority: Settlement Authority

AGENCY: Department of Justice

ACTION: Final rule.

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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, and 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:

PART 0--ORGANIZATION OF THE DEPARTMENT

    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]
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