[Federal Register Volume 81, Number 65 (Tuesday, April 5, 2016)]
[Rules and Regulations]
[Pages 19486-19488]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-07692]


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NATIONAL LABOR RELATIONS BOARD

29 CFR Part 100


Claims Under the Federal Tort Claims Act

AGENCY: National Labor Relations Board.

ACTION: Final rule.

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SUMMARY: The National Labor Relations Board (NLRB) is issuing a final 
rule amending its Rules and Regulations concerning administrative 
claims made pursuant to the Federal Tort Claims Act (FTCA). The rule 
reflects structural changes within the NLRB that impact the NLRB's 
processing of claims, the current address for submission of claims to 
the NLRB, the impact of a claimant's submission of an amended claim, 
and the effect on a claimant of the NLRB's payment of a claim.

DATES: The effective date is June 6, 2016.

FOR FURTHER INFORMATION CONTACT: Gary Shinners, Executive Secretary, 
1015 Half Street SE., Washington, DC 20570. Telephone: (202) 273-1067.

SUPPLEMENTARY INFORMATION: These amendments update the NLRB's 
regulations governing the submission and processing of administrative 
claims under the FTCA. Because of the scope of these amendments, the 
NLRB is replacing subpart D in its entirety.
    The amendments include: (i) In paragraph (b), directing claims to 
be made to the Associate General Counsel for the Division of Legal 
Counsel, and directing that claims be submitted to the NLRB's current 
headquarters address available on its Web site; (ii) in paragraph (c), 
providing that a claim may be amended at any time prior to final action 
by the NLRB and that the NLRB shall have six months from the amendment 
to make a final disposition; (iii) in paragraph (d), providing that the 
Associate General Counsel for the Division of Legal Counsel has 
authority to determine submitted claims; (iv) in

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paragraph (e), omitting that legal review of certain claims is to be 
performed by the General Counsel or his or her designee; (v) in 
paragraph (f), providing that awards up to $2,500 will be paid by the 
Chief Financial Officer; and (vi) in paragraph (g), providing that 
acceptance of payment constitutes a release of claims against the 
United States, the NLRB, and any employee whose act or omission gave 
rise to the claim.
    These amendments are being made primarily as a result of the NLRB's 
restructuring in 2013 to create a new Division of Legal Counsel (78 FR 
44981 (July 25, 2013)). Claims previously were directed to and 
determined by the NLRB's Director of Administration, and as a matter of 
practice, claims filed in the regions were forwarded to headquarters 
for processing by Administration. As a result of the 2013 
reorganization of NLRB functions, the Division of Legal Counsel now 
handles claims under the FTCA, including determining the claims, and 
the final rule reflects this change in paragraphs (b) and (d). 
Paragraph (b) also reflects that claims should be submitted to the 
NLRB's current headquarters address, available on its Web site; the 
address designated in the current regulations is outdated.
    Similarly, financial functions, including payment of FTCA awards, 
were formerly conducted within the Division of Administration. In 2012, 
an Office of the Chief Financial Officer was created, with the Chief 
Financial Officer (CFO) jointly reporting to the General Counsel and 
the Chairman of the Board (77 FR 43127 (July 23, 2012)). Accordingly, 
the final rule reflects in paragraph (f) that payments on FTCA 
administrative claims under $2,500 are made by the CFO, rather than by 
the Division of Administration. Payments over that amount continue to 
be handled in accordance with 28 CFR 14.10.
    Paragraph (c) is a new provision for the amendment of claims. It 
permits amendment at any time prior to the NLRB's determination of a 
claim, and it provides that an amendment restarts the six-month 
deadline for responding to the claim. It also provides that the six-
month time period prior to which a claimant may not bring a lawsuit 
against an agency (28 U.S.C. 2675(a)) begins to run at the time of the 
amendment. While the NLRB has received amendments of claims, its 
regulations have not previously provided for their treatment.
    The elimination of review by ``the General Counsel or designee'' 
for claims above $5,000 in paragraph (e) conforms the proposal with 28 
CFR 14.5, which applies to FTCA administrative claims government-wide. 
That regulation provides that awards in excess of $5,000 may be made by 
the head of an agency or his designee ``only after review by a legal 
officer of the agency.'' Accordingly, this regulation does not require 
legal review specifically by the General Counsel or a designee. 
Consistent with the NLRB restructuring, the Division of Legal Counsel 
will provide the legal review.
    Finally, paragraph (g) sets forth that acceptance of payment 
constitutes a release of claims against the United States, the NLRB, 
and any employee whose act or omission gave rise to the claim. This is 
consistent with 28 U.S.C. 2672 and is included as a new provision to 
make the consequences of accepting payment clear to any claimants 
submitting claims to the NLRB.
    Accordingly, consistent with the foregoing, the NLRB is amending 29 
CFR part 100, subpart D to revise its procedures governing the 
submission and processing of administrative claims under the FTCA.
    This action relates solely to agency organization, management, or 
personnel matters and will not impose any additional paperwork, 
reporting, or other costs, burdens, or responsibilities on claimants 
under the FTCA. Accordingly, this action is not subject to the advance 
notice and comment provisions of the Administrative Procedure Act (5 
U.S.C. 553) or the requirements of Executive Order 12866, the 
Regulatory Flexibility Act (5 U.S.C. 601 et seq.), or the Small 
Business Regulatory Enforcement Fairness Act (5 U.S.C. 801).

List of Subjects in 29 CFR Part 100

    Administrative regulations, Claims under the Federal Tort Claims 
Act, Cooperation in audits and investigations, Employee personal 
property loss claims, Employee responsibilities and conduct, Government 
employees, Nondiscrimination on the basis of handicap in NLRB programs.

    For the reasons set forth above, the NLRB amends 29 CFR part 100, 
subpart D as follows:

PART 100--ADMINISTRATIVE REGULATIONS

0
1. The authority citation for part 100 continues to read in part as 
follows:

    Authority:  Section 6, National Labor Relations Act, as amended 
(29 U.S.C. 141, 156).
* * * * *

Subpart D--Claims Under the Federal Tort Claims Act

0
2. Revise Sec.  100.401 to read as follows:


Sec.  100.401  Claims under the Federal Tort Claims Act for loss of or 
damage to property or for personal injury or death.

    (a) Scope of regulations. These regulations apply to administrative 
claims filed under the Federal Tort Claims Act (28 U.S.C. 2672), as 
amended, for money damages against the United States for damage to or 
loss of property, or for personal injury or death, caused by the 
negligent or wrongful act or omission of any employee of the National 
Labor Relations Board acting within the scope of his or her office or 
employment, under circumstances where the United States, if a private 
person, would be liable to the claimant in accordance with the law of 
the place where the act or omission occurred. The regulations in this 
part supplement the Department of Justice's regulations in 28 CFR part 
14.
    (b) Filing a claim. Claims may be submitted to the Associate 
General Counsel, Division of Legal Counsel, Headquarters, National 
Labor Relations Board, Washington, DC 20570 at any time within 2 years 
after such claim has accrued. The current address for Headquarters can 
be found at www.nlrb.gov. Such claim may be presented by a person 
specified in 28 CFR 14.3. An executed Standard Form 95, Claim for 
Damage, Injury, or Death, or written notification must be submitted and 
accompanied by as much of the appropriate information specified in 28 
CFR 14.4 as may reasonably be obtained.
    (c) Amendment of claim. A claim submitted in compliance with this 
subpart may be amended by the claimant at any time prior to final 
action by the National Labor Relations Board or prior to the exercise 
of the claimant's option under 28 U.S.C. 2675(a). Amendments shall be 
submitted in writing and signed by the claimant or his or her duly 
authorized agent or legal representative. Upon the timely filing of an 
amendment to a pending claim, the National Labor Relations Board shall 
have six months to make a final disposition of the claim as amended and 
the claimant's option under 28 U.S.C. 2675(a) shall not accrue until 
six months after filing of an amendment.
    (d) Action on claims. The Associate General Counsel, Division of 
Legal Counsel, shall have the power to consider, ascertain, adjust, 
determine, compromise, or settle any claim submitted in accordance with 
paragraph (a) of this section. Any exercise of such

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power shall be in accordance with 28 U.S.C. 2672 and 28 CFR part 1.
    (e) Legal review of claims. In accordance with 28 CFR 14.5, legal 
review is required if the amount of a proposed settlement, compromise, 
or award exceeds $5,000. Any exercise of such power shall be in 
accordance with 28 U.S.C. 2672 and 28 CFR part 14.
    (f) Payment of awards. Any award, compromise, or settlement in an 
amount of $2,500 or less made pursuant to this action will be paid by 
the Chief Financial Officer out of appropriations available to the 
National Labor Relations Board. Payment of any award, compromise, or 
settlement in an amount greater than $2,500 will be paid in accordance 
with 28 CFR 14.10.
    (g) Acceptance of payment constitutes release. Acceptance by a 
claimant, his or her agent or legal representative of any award, 
compromise, or settlement made pursuant to this part shall be final and 
conclusive on the claimant, his or her agent or legal representative 
and any other person on whose behalf or for whose benefit the claim has 
been submitted, and shall constitute a complete release of any claims 
against the United States, the National Labor Relations Board, and any 
employee of the government whose act or omission gave rise to the 
claim.

    Dated: March 30, 2016.

    By direction of the Board.
William B. Cowen,
Solicitor, National Labor Relations Board.
[FR Doc. 2016-07692 Filed 4-4-16; 8:45 am]
 BILLING CODE 7545-01-P