Revision of Delegations of Authority, 30609-30610 [05-10612]
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Federal Register / Vol. 70, No. 102 / Friday, May 27, 2005 / Rules and Regulations
should file their motions for those
subpoenas with the judge. The Board
has authority under 5 U.S.C.
1204(b)(2)(A) to issue a subpoena
requiring the attendance and testimony
of any individual regardless of location
and for the production of documentary
or other evidence from any place in the
United States, any territory or
possession of the United States, the
Commonwealth of Puerto Rico or the
District of Columbia. Subpoenas are not
ordinarily required to obtain the
attendance of Federal employees as
witnesses.
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I 8. Section 1201.103 is amended by
deleting paragraph (c)(3) and revising
paragraph (c)(2) to read as follows:
§ 1201.103 Placing communications in the
record; sanctions.
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(c) * * *
(2) Other persons. The Board may
invoke appropriate sanctions against
other offending parties.
I 9. Section 1201.112 is amended by
revising paragraph (a) to read as follows:
§ 1201.112
Jurisdiction of the judge.
(a) After issuing the initial decision,
the judge will retain jurisdiction over a
case only to the extent necessary to:
(1) Correct the transcript; when one is
obtained;
(2) Rule on a request by the appellant
for attorney fees, consequential
damages, or compensatory damages
under subpart H of this part;
(3) Process any petition for
enforcement filed under subpart F of
this part;
(4) Vacate an initial decision before
that decision becomes final under
§ 1201.113 in order to accept a
settlement agreement into the record.
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*
I 10. Section 1201.125 is amended by
revising paragraph (c)(1) to read as
follows:
§ 1201.125
Administrative law judge.
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(c) * * *
(1) In a Special Counsel complaint
seeking disciplinary action against a
Federal or District of Columbia
government employee for a violation of
5 U.S.C. 7323 or 7324, where the
administrative law judge finds that the
violation does not warrant removal, the
administrative law judge will issue a
recommended decision to the Board in
accordance with 5 U.S.C. 557.
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I 11. Section 1201.126 is amended by
revising paragraph (c) to read as follows:
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19:56 May 26, 2005
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§ 1201.126
Final decisions.
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(c) In any Hatch Act action in which
the administrative law judge, or the
Board on petition for review, finds that
a Federal or District of Columbia
government employee has violated 5
U.S.C. 7323 or 7324 and that the
violation warrants removal, the
administrative law judge, or the Board
on petition for review, will issue a
written decision ordering the
employee’s removal. If the
administrative law judge finds a
violation of 5 U.S.C. 7323 or 7324 and
determines that removal is not
warranted, the judge will issue a
recommended decision under
§ 1201.125(c)(1) of this part. If the Board
finds a violation of 5 U.S.C. 7323 or
7324 and determines by unanimous vote
that the violation does not warrant
removal, it will impose instead a
penalty of not less than 30 days
suspension without pay. If the Board
finds by majority vote that the violation
warrants removal, it will order the
employee’s removal.
Bentley M. Roberts, Jr.,
Clerk of the Board.
[FR Doc. 05–10652 Filed 5–26–05; 8:45 am]
BILLING CODE 7400–01–P
DEPARTMENT OF AGRICULTURE
Office of the Secretary
7 CFR Part 2
Revision of Delegations of Authority
Department of Agriculture.
Final rule.
AGENCY:
ACTION:
SUMMARY: This document amends the
delegations of authority from the
Secretary of Agriculture in order to
reflect the Secretary’s designation of the
General Counsel as the Department
official responsible for delegating the
authority to other Department heads for
considering, ascertaining, adjusting,
determining, compromising, and
settling, pursuant to the Federal Tort
Claims Act (FTCA) and regulations of
the Attorney General, claims less than
$2500 that allege the negligence or
wrongful act of an employee of a certain
agency.
DATES: Effective May 27, 2005.
FOR FURTHER INFORMATION CONTACT:
Kenneth E. Cohen, Assistant General
Counsel, General Law Division, Office
of the General Counsel, Department of
Agriculture, Room 3311–S, Washington,
DC 20250, telephone 202–720–5565.
PO 00000
Frm 00005
Fmt 4700
Sfmt 4700
Under 28.
U.S.C. 2672 of the FTCA, the head of
each Federal agency, including the
Secretary of Agriculture, is able to
adjudicate FTCA claims brought against
his or her respective agency.
Furthermore, the FTCA states that an
agency may effect a settlement equal to
or less than $25,000, without the ‘‘prior
written approval of the Attorney
General or his designee.’’ Through 7
CFR 2.31, the Secretary of Agriculture
has delegated to the General Counsel the
authority to ‘‘[c]onsider, ascertain,
adjust, determine, compromise, and
settle claims pursuant to the Federal
Tort Claims Act, as amended (28 U.S.C.
2671–2680), and the regulations of the
Attorney General contained in 28 CFR
part 14* * *’’
The National Performance Review
(NPR) determined that this limited
delegation posed a barrier to the
efficiency and cost-effectiveness of the
USDA. Pursuant to the
recommendations of NPR, on September
11, 1996, the Secretary of Agriculture
enacted a pilot program, created under
Secretary’s Memorandum 1030-29, by
delegating to the Assistant Secretary for
Marketing and Regulatory Programs and
the Administrator of APHIS the
authority to adjudicate claims under
$2500 submitted pursuant to the FTCA.
The pilot program proved to be highly
successful. During this program,
adjudication time for this type of FTCA
claim was reduced from a period of
three to six months to less than two
weeks. Additionally, payment
processing time was reduced from ten
days to as little as one day.
Based on the success of this pilot
program, the delegations of authority of
the Department of Agriculture are
amended so that the General Counsel is
now able to delegate the authority to
another agency head to consider,
ascertain, adjust, determine,
compromise, and settle, pursuant to the
FTCA and regulations of the Attorney
General, claims less than $2500 that
allege the negligence or wrongful act of
an employee of a particular USDA
agency.
This rule relates to internal agency
management. Therefore, pursuant to 5
U.S.C. 553, notice of proposed rule
making and opportunity for comment
are not required and this rule may be
made effective less than 30 days after
publication in the Federal Register.
Further, since this rule relates to
internal agency management, it is
exempt from the provisions of Executive
Order 12988 and Executive Orders
12866, amended by Executive Order
13258. In addition, this action is not a
rule as defined by the Regulatory
SUPPLEMENTARY INFORMATION:
*
30609
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27MYR1
30610
Federal Register / Vol. 70, No. 102 / Friday, May 27, 2005 / Rules and Regulations
Flexibility Act (5 U.S.C. 601 et seq.),
and thus is exempt from the provisions
of that Act. Finally, this action is not a
rule as defined in 5 U.S.C. 804, and thus
does not require review by Congress.
DEPARTMENT OF AGRICULTURE
List of Subjects in 7 CFR Part 2
[Docket No. FV05–993–2 IFR]
Authority delegations (Government
agencies).
I
PART 2—DELEGATIONS OF
AUTHORITY BY THE SECRETARY OF
AGRICULTURE AND GENERAL
OFFICERS OF THE DEPARTMENT
Dried Prunes Produced in California;
Suspension of Handling and Reporting
Requirements, Extension of the
Suspension of Outgoing Inspection
and Volume Control Regulations, and
Extension of the Suspension of the
Prune Import Regulation
AGENCY:
Accordingly, 7 CFR Part 2 is amended
as follows:
1. The authority citation for part 2
continues to read as follows:
I
Authority: 7 U.S.C. 6912(a)(1), 5 U.S.C.
301; Reorganization Plan No. 2 of 1953, 3
CFR, 1949–1953 Comp., p. 1024.
Subpart D—Delegation of Authority to
Other General Officers and Agency
Heads
2. Amend § 2.31 to revise paragraph (a)
to read as follows:
I
§ 2.31
General Counsel.
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(a) Consider, ascertain, adjust,
determine, compromise, and settle
claims pursuant to the Federal Tort
Claims Act, as amended (28 U.S.C.
2671–2680), and the regulations of the
Attorney General contained in 28 CFR
part 14; delegate the authority to
consider, ascertain, adjust, determine,
compromise, and settle, pursuant to the
Federal Tort Claims Act as amended (28
U.S.C. 2671–2680) and the regulations
of the Attorney General contained in 28
CFR part 14, claims less than $2500 that
allege the negligence or wrongful act of
an employee of a USDA agency; and
consider, ascertain, adjust, determine
compromise, and settle claims pursuant
to section 920 of the Federal Agriculture
Improvement and Reform Act of 1996,
Public Law 104–127 (7 U.S.C. 2262a).
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Dated: April 11, 2005.
Mike Johanns,
Secretary of Agriculture.
[FR Doc. 05–10612 Filed 5–26–05; 8:45 am]
BILLING CODE 3410–14–M
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19:56 May 26, 2005
Jkt 205001
Agricultural Marketing Service
7 CFR Parts 993 and 999
Agricultural Marketing Service,
USDA.
ACTION: Interim final rule with request
for comments.
SUMMARY: This rule suspends
indefinitely all remaining handling and
most reporting requirements under
Marketing Order No. 993, beginning
August 1, 2005. The marketing order
regulates the handling of dried prunes
produced in California and is
administered locally by the Prune
Marketing Committee (committee). This
rule also indefinitely extends the
suspensions of the outgoing inspection
and prune import regulations, and
volume control regulations, currently
temporarily suspended until August 1,
2006, and August 1, 2008, respectively.
DATES: Effective August 1, 2005;
comments received by July 26, 2005 will
be considered prior to issuance of a final
rule.
ADDRESSES: Interested persons are
invited to submit written comments
concerning this rule. Comments must be
sent to the Docket Clerk, Marketing
Order Administration Branch, Fruit and
Vegetable Programs, AMS, USDA, 1400
Independence Avenue, SW., STOP
0237, Washington, DC 20250–0237; Fax:
(202) 720–8938; or E-mail:
moab.docketclerk@usda.gov; or Internet:
https://www.regulations.gov. All
comments should reference the docket
number and the date and page number
of this issue of the Federal Register and
will be made available for public
inspection in the Office of the Docket
Clerk during regular business hours, or
can be viewed at: https://
www.ams.usda.gov/fv/moab.html.
FOR FURTHER INFORMATION CONTACT:
Terry Vawter, Marketing Specialist,
California Marketing Field Office,
Marketing Order Administration
Branch, Fruit and Vegetable Programs,
AMS, USDA, 2202 Monterey Street,
Suite 102B, Fresno, California 93721;
Telephone: (559) 487–5901, Fax: (559)
487–5906; or Kathy Finn, Formal
Rulemaking Team Leader, Marketing
PO 00000
Frm 00006
Fmt 4700
Sfmt 4700
Order Administration Branch, Fruit and
Vegetable Programs, AMS, USDA, 1400
Independence Avenue, SW., STOP
0237, Washington, DC 20250–0237;
Telephone: (202) 720–2491, Fax: (202)
720–8938.
Small businesses may request
information on complying with this
regulation by contacting Jay Guerber,
Marketing Order Administration
Branch, Fruit and Vegetable Programs,
AMS, USDA, 1400 Independence
Avenue, SW., STOP 0237, Washington,
DC 20250–0237; Telephone: (202) 720–
2491, Fax: (202) 720–8938, or E-mail:
Jay.Guerber@usda.gov.
This rule
is issued under Marketing Agreement
and Order No. 993, both as amended (7
CFR part 993), regulating the handling
of dried prunes produced in California,
hereinafter referred to as the ‘‘order.’’
The marketing agreement and order are
effective under the Agricultural
Marketing Agreement Act of 1937, as
amended (7 U.S.C. 601–674), hereinafter
referred to as the ‘‘Act.’’
The Department of Agriculture
(USDA) is issuing this rule in
conformance with Executive Order
12866.
This rule has been reviewed under
Executive Order 12988, Civil Justice
Reform. This rule is not intended to
have retroactive effect. This rule will
not preempt any State or local laws,
regulations, or policies, unless they
present an irreconcilable conflict with
this rule.
The Act provides that administrative
proceedings must be exhausted before
parties may file suit in court. Under
section 608c(15)(A) of the Act, any
handler subject to an order may file
with USDA a petition stating that the
order, any provision of the order, or any
obligation imposed in connection with
the order is not in accordance with law
and request a modification of the order
or to be exempted therefrom. A handler
is afforded the opportunity for a hearing
on the petition. After the hearing USDA
would rule on the petition. The Act
provides that the district court of the
United States in any district in which
the handler is an inhabitant, or has his
or her principal place of business, has
jurisdiction to review USDA’s ruling on
the petition, provided an action is filed
not later than 20 days after the date of
the entry of the ruling.
SUPPLEMENTARY INFORMATION:
Summary
This rule suspends handling and
reporting requirements under the
marketing order and the prune import
regulation, beginning with the 2005–
2006 crop year, and continuing
E:\FR\FM\27MYR1.SGM
27MYR1
]]>Agencies
[Federal Register Volume 70, Number 102 (Friday, May 27, 2005)]
[Rules and Regulations]
[Pages 30609-30610]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-10612]
=======================================================================
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DEPARTMENT OF AGRICULTURE
Office of the Secretary
7 CFR Part 2
Revision of Delegations of Authority
AGENCY: Department of Agriculture.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This document amends the delegations of authority from the
Secretary of Agriculture in order to reflect the Secretary's
designation of the General Counsel as the Department official
responsible for delegating the authority to other Department heads for
considering, ascertaining, adjusting, determining, compromising, and
settling, pursuant to the Federal Tort Claims Act (FTCA) and
regulations of the Attorney General, claims less than $2500 that allege
the negligence or wrongful act of an employee of a certain agency.
DATES: Effective May 27, 2005.
FOR FURTHER INFORMATION CONTACT: Kenneth E. Cohen, Assistant General
Counsel, General Law Division, Office of the General Counsel,
Department of Agriculture, Room 3311-S, Washington, DC 20250, telephone
202-720-5565.
SUPPLEMENTARY INFORMATION: Under 28. U.S.C. 2672 of the FTCA, the head
of each Federal agency, including the Secretary of Agriculture, is able
to adjudicate FTCA claims brought against his or her respective agency.
Furthermore, the FTCA states that an agency may effect a settlement
equal to or less than $25,000, without the ``prior written approval of
the Attorney General or his designee.'' Through 7 CFR 2.31, the
Secretary of Agriculture has delegated to the General Counsel the
authority to ``[c]onsider, ascertain, adjust, determine, compromise,
and settle claims pursuant to the Federal Tort Claims Act, as amended
(28 U.S.C. 2671-2680), and the regulations of the Attorney General
contained in 28 CFR part 14* * *''
The National Performance Review (NPR) determined that this limited
delegation posed a barrier to the efficiency and cost-effectiveness of
the USDA. Pursuant to the recommendations of NPR, on September 11,
1996, the Secretary of Agriculture enacted a pilot program, created
under Secretary's Memorandum 1030-29, by delegating to the Assistant
Secretary for Marketing and Regulatory Programs and the Administrator
of APHIS the authority to adjudicate claims under $2500 submitted
pursuant to the FTCA. The pilot program proved to be highly successful.
During this program, adjudication time for this type of FTCA claim was
reduced from a period of three to six months to less than two weeks.
Additionally, payment processing time was reduced from ten days to as
little as one day.
Based on the success of this pilot program, the delegations of
authority of the Department of Agriculture are amended so that the
General Counsel is now able to delegate the authority to another agency
head to consider, ascertain, adjust, determine, compromise, and settle,
pursuant to the FTCA and regulations of the Attorney General, claims
less than $2500 that allege the negligence or wrongful act of an
employee of a particular USDA agency.
This rule relates to internal agency management. Therefore,
pursuant to 5 U.S.C. 553, notice of proposed rule making and
opportunity for comment are not required and this rule may be made
effective less than 30 days after publication in the Federal Register.
Further, since this rule relates to internal agency management, it is
exempt from the provisions of Executive Order 12988 and Executive
Orders 12866, amended by Executive Order 13258. In addition, this
action is not a rule as defined by the Regulatory
[[Page 30610]]
Flexibility Act (5 U.S.C. 601 et seq.), and thus is exempt from the
provisions of that Act. Finally, this action is not a rule as defined
in 5 U.S.C. 804, and thus does not require review by Congress.
List of Subjects in 7 CFR Part 2
Authority delegations (Government agencies).
0
Accordingly, 7 CFR Part 2 is amended as follows:
PART 2--DELEGATIONS OF AUTHORITY BY THE SECRETARY OF AGRICULTURE
AND GENERAL OFFICERS OF THE DEPARTMENT
0
1. The authority citation for part 2 continues to read as follows:
Authority: 7 U.S.C. 6912(a)(1), 5 U.S.C. 301; Reorganization
Plan No. 2 of 1953, 3 CFR, 1949-1953 Comp., p. 1024.
Subpart D--Delegation of Authority to Other General Officers and
Agency Heads
0
2. Amend Sec. 2.31 to revise paragraph (a) to read as follows:
Sec. 2.31 General Counsel.
* * * * *
(a) Consider, ascertain, adjust, determine, compromise, and settle
claims pursuant to the Federal Tort Claims Act, as amended (28 U.S.C.
2671-2680), and the regulations of the Attorney General contained in 28
CFR part 14; delegate the authority to consider, ascertain, adjust,
determine, compromise, and settle, pursuant to the Federal Tort Claims
Act as amended (28 U.S.C. 2671-2680) and the regulations of the
Attorney General contained in 28 CFR part 14, claims less than $2500
that allege the negligence or wrongful act of an employee of a USDA
agency; and consider, ascertain, adjust, determine compromise, and
settle claims pursuant to section 920 of the Federal Agriculture
Improvement and Reform Act of 1996, Public Law 104-127 (7 U.S.C.
2262a).
* * * * *
Dated: April 11, 2005.
Mike Johanns,
Secretary of Agriculture.
[FR Doc. 05-10612 Filed 5-26-05; 8:45 am]
BILLING CODE 3410-14-M
