[Federal Register Volume 73, Number 165 (Monday, August 25, 2008)]
[Rules and Regulations]
[Page 49943]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-19642]


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PEACE CORPS

22 CFR Part 304

RIN 0420-AA23


Claims Against the Government Under the Federal Tort Claims Act

AGENCY: Peace Corps.

ACTION: Final rule.

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SUMMARY: The Peace Corps is revising its regulation concerning claims 
filed under the Federal Tort Claims Act, to make the regulation 
internally consistent with another provision stating that the Chief 
Financial Officer has authority to approve claims for amounts under 
$5000.

DATES: The final rule is effective September 24, 2008.

FOR FURTHER INFORMATION CONTACT: Nancy G. Miller, Associate General 
Counsel, Office of the General Counsel, 202-692-2150.

SUPPLEMENTARY INFORMATION: The Peace Corps published a proposed rule on 
July 9, 2008, for public review and comment. See 73 FR 39270, (July 9, 
2008). The Peace Corps received no public comments and the Agency has 
made no further revisions. Therefore, this rule is final and will be 
effective on the date stated above.
    On March 16, 2007, Peace Corps revised 22 CFR 304.7 to provide that 
the Chief Financial Officer ``has the authority to adjust, determine, 
compromise, and settle claims for less than $5,000.'' This final rule 
will rectify an omission in sec. 304.10 which did not refer to the 
Chief Financial Officer's authority for deciding claims worth less than 
$5,000.
    This rule amends section 304.10(b) to provide that the Chief 
Financial Officer will make final determinations for claims worth less 
than $5,000.

Executive Order 12866

    This regulation has been determined to be non-significant within 
the meaning of Executive Order 12866.

Regulatory Flexibility Act of 1980 (5 U.S.C. 605(b))

    This regulatory action will not have a significant adverse impact 
on a substantial number of small entities.

Unfunded Mandates Act of 1995 (Sec. 202, Pub. L. 104-4)

    This regulatory action does not contain a Federal mandate that will 
result in the expenditure by state, local, and tribal governments, in 
aggregate, or by the private sector of $100 million or more in any one 
year.

Paperwork Reduction Act of 1995 (44 U.S.C., Chapter 35)

    This regulatory action will not impose any additional reporting or 
recordkeeping requirements under the Paperwork Reduction Act.

Federalism (Executive Order 13132)

    This regulatory action does not have Federalism implications, as 
set forth in Executive Order 13132. It 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.

List of Subjects in 22 CFR Part 304

    Claims.

0
Accordingly, Peace Corps amends 22 CFR part 304 as follows:

PART 304--CLAIMS AGAINST THE GOVERNMENT UNDER THE FEDERAL TORT 
CLAIMS ACT

0
1. The authority citation for part 304 continues to read as follows:

    Authority: 28 U.S.C. 2672; 22 U.S.C. 2503(b); E.O. 12137, as 
amended.


0
2. Amend Sec.  304.10 by revising paragraph (b) to read as follows:


Sec.  304.10  Review of claim.

* * * * *
    (b) After legal review and recommendation by the General Counsel, 
the Director of the Peace Corps will make a written determination on 
the claim, unless the claim is worth less than $5,000, in which case 
the Chief Financial Officer will make the written determination.

    Dated: August 18, 2008.
Tyler Posey,
General Counsel.
[FR Doc. E8-19642 Filed 8-22-08; 8:45 am]
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