Claims Against Government Under Federal Tort Claims Act, 4205-4206 [07-308]
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Federal Register / Vol. 72, No. 19 / Tuesday, January 30, 2007 / Rules and Regulations
Executive Order 13132
This action will not have substantial
direct effect 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, as described in
Executive Order 13132 (64 FR 43255
(Aug. 10, 1999)).
List of Subjects in 20 CFR Part 725
Administrative practice and
procedure, Black lung benefits, Claims,
Health care, Lung diseases, Miners,
Mines, Workers’ compensation.
For the reasons set forth in the
preamble, 20 CFR Part 725 is amended
as set forth below:
I
PART 725—CLAIMS FOR BENEFITS
UNDER PART C OF TITLE IV OF THE
FEDERAL MINE SAFETY AND HEALTH
ACT, AS AMENDED
1. The authority citation for part 725
continues to read as follows:
I
Authority: 5 U.S.C. 301, Reorganization
Plan No. 6 of 1950, 15 FR 3174, 30 U.S.C. 901
et seq., 921, 932, 936; 33 U.S.C. 901 et seq.,
42 U.S.C. 405, Secretary’s Order 7–87, 52 FR
48466, Employment Standards Order No. 90–
02.
2. Amend § 725.477(b) by revising the
first sentence to read as follows:
I
§ 725.477 Form and contents of decision
and order.
*
*
*
*
*
(b) A decision and order shall contain
a statement of the basis of the order,
findings of fact, conclusions of law, and
an award, rejection or other appropriate
paragraph containing the action of the
administrative law judge, his or her
signature and the date of issuance
* * *.
Signed at Washington, DC, this 25th day of
January, 2007.
Victoria A. Lipnic,
Assistant Secretary for Employment
Standards Administration.
Shelby Hallmark,
Director, Office of Workers’ Compensation
Programs.
[FR Doc. E7–1432 Filed 1–29–07; 8:45 am]
BILLING CODE 4510–CK–P
ycherry on PROD1PC64 with RULES
RIN 0420–AA20
Claims Against Government Under
Federal Tort Claims Act
Peace Corps.
15:02 Jan 29, 2007
SUMMARY: The Peace Corps is revising
its regulations concerning claims filed
under the Federal Tort Claims Act.
These changes update Peace Corps’
address, as well as authority cited in the
regulation. Revisions also identify a new
policy under which the Chief Financial
Officer, rather than the Director of the
Peace Corps, will have authority to
approve claims for amounts under
$5000.
This final rule is effective on
March 16, 2007 without further action,
unless adverse comment is received by
Peace Corps by March 1, 2007. If
adverse comment is received, Peace
Corps will publish a timely withdrawal
of the rule in the Federal Register.
ADDRESSES: You may submit comments
by e-mail to sglasow@peacecorps.gov.
Include Rin 0420–AA20 in the subject
line of the message. You may also
submit comments by mail to Suzanne
Glasow, Office of the General Counsel,
Peace Corps, Suite 8200, 1111 20th
Street, NW., Washington, DC 20526.
Contact Suzanne Glasow for copies of
comments.
DATES:
FOR FURTHER INFORMATION CONTACT:
Suzanne Glasow, Associat General
Counsel, 202–692–2150,
sglasow@peacecorps.gov.
The
revisions to the rules include updates to
cited authority and Peace Corps’
address. In addition, claims for less than
$5000 will no longer require approval
from the head of the agency. The Chief
Financial Officer will be the designee of
the head of the agency for such claims.
The head of the agency will continue to
have approval authority for all claims of
$5000 or more.
SUPPLEMENTARY INFORMATION:
Section-by-Section Analysis
Section 304.1
Scope; Definitions
Subpart (c) is amended to reflect the
fact that 31 FR 16616 is no longer a
thorough representation of the contents
of 28 CFR part 14. The language of this
section will be revised by deleting 31 FR
16616, and referring only to 28 CFR part
14.
to adjust, determine, compromise, and
settle claims for less than $5,000 under
section 2672 of title 28, United States
Code. The Director of the Peace Corps
retains authority for all claims of $5,000
or more.
Section 304.9 Referral to the
Department of Justice
This section is revised to delete the
reference to 28 CFR 14.7, which is an
obsolete citation.
Executive Order 12866
This regulation has been determined
to be nonsignificant 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 Part 304
Claims.
I Accordingly, under the authority of 22
U.S.C. 2503(b) and 28 U.S.C. 2672,
Peace Corps amends the Code of Federal
Regulations, Title 22, Chapter III, as
follows:
PART 304—CLAIMS AGAINST
GOVERNMENT UNDER FEDERAL
TORT CLAIMS ACT
Subpart (a) is amended to include
Peace Corps’ current address, 1111 20th
Street, NW., Washington, DC 20526.
22 CFR Part 304
VerDate Aug<31>2005
Fina rule and comment request.
Section 304.2 Administrative Claim;
When Presented; Appropriate Peace
Corps Office
PEACE CORPS
AGENCY:
ACTION:
Jkt 211001
4205
I
Section 304.7 Authority To Adjust,
Determine, Comprise, and Settle Claims
Authority: 28 U.S.C. 2672; 22 U.S.C.
2503(b); E.O. 12137, as amended.
This section is revised to state that the
Chief Financial Officer has the authority
I
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1. The authority citation is revised to
read as follows:
2. Section 304.1(c) is revised to read
as follows:
E:\FR\FM\30JAR1.SGM
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4206
§ 304.1
Federal Register / Vol. 72, No. 19 / Tuesday, January 30, 2007 / Rules and Regulations
Scope; definitions.
*
*
*
*
*
(c) This subpart is issued subject to
and consistent with applicable
regulations on administrative claims
under the Federal Tort Claims Act
issued by the Attorney General (28 CFR
part 14).
*
*
*
*
*
I 3. Section 304.2(b) is revised to read
as follows:
§ 304.2 Administrative claim; when
presented; appropriate Peace Corps office.
*
*
*
*
*
(b) A claimant shall mail or deliver
his claim to the General Counsel, Peace
Corps, 1111 20th Street, NW.,
Washington, DC 20526.
I 4. Section 304.7 is revised to read as
follows:
§ 304.7 Authority to adjust, determine,
compromise, and settle claims.
The authority to consider, ascertain,
adjust, determine, compromise and
settle claims of less than $5,000 under
28 U.S.C. 2672, and this subpart, rests
with the Chief Financial Officer, as the
designee of the head of the agency. For
claims under 28 U.S.C. 2672 and this
subpart, subject to § 304.8, the Director
of the Peace Corps retains authority to
consider, ascertain, adjust, determine,
compromise and settle claims of $5,000
or more.
I 5. Section 304.9 is revised to read as
follows:
§ 304.9 Referral to the Department of
Justice.
When Department of Justice approval
or consultation is required under
§ 304.8, the referral or request shall be
transmitted to the Department of Justice
by the General Counsel.
Dated: January 19, 2007.
Tyler S. Posey,
General Counsel.
[FR Doc. 07–308 Filed 1–29–07; 8:45 am]
BILLING CODE 6015–01–M
DEPARTMENT OF THE TREASURY
Office of Foreign Assets Control
31 CFR Part 594
Global Terrorism Sanctions
Regulations
Office of Foreign Assets
Control, Treasury.
ACTION: Final rule.
ycherry on PROD1PC64 with RULES
AGENCY:
SUMMARY: The Treasury Department’s
Office of Foreign Assets Control
(‘‘OFAC’’) is amending the Global
VerDate Aug<31>2005
15:02 Jan 29, 2007
Jkt 211001
Terrorism Sanctions Regulations to
define the term ‘‘otherwise associated
with’’ as used in 31 CFR 594.201 and to
amend an explanatory note
accompanying that section.
DATES: Effective January 26, 2007.
FOR FURTHER INFORMATION CONTACT:
Chief Counsel (Foreign Assets Control),
Office of the General Counsel,
Department of the Treasury,
Washington, DC 20220, tel.: 202/622–
2410 (not a toll free number).
SUPPLEMENTARY INFORMATION:
Background
OFAC administers the Global
Terrorism Sanctions Regulations, 31
CFR part 594 (‘‘GTSR’’), which
implement and interpret Executive
Order 13224 of September 23, 2001, in
which the President declared a national
emergency with respect to grave acts of
terrorism and threats of terrorism
committed by foreign terrorists and
imposed economic sanctions with
respect to certain designated individuals
and entities. In section 7 of Executive
Order 13224, the President authorized
the Secretary of the Treasury, in
consultation with other relevant Cabinet
officials, to take such actions, including
the promulgation of rules and
regulations, as may be necessary to carry
out the purposes of the order. The
Secretary of the Treasury has, in turn,
authorized the Director of OFAC to take
these actions. 31 CFR 594.802. Today,
OFAC is amending the GTSR by adding
a new section 594.316 which defines the
term ‘‘otherwise associated with’’ as
used in section 594.201(a)(4)(ii). OFAC
also is amending Note 3 to section
594.201 to clarify the scope of section
501.807 of this chapter.
The new section 594.316 defines a
person ‘‘otherwise associated with’’
persons whose property and interests in
property are blocked pursuant to section
594.201(a)(1), (a)(2), (a)(3), or (a)(4)(i) to
include one who: (1) Owns or controls
such persons; or (2) attempts, or
conspires with one or more persons, to
provide financial, material, or
technological support, or financial or
other services, to such persons. OFAC
recognizes that this definition may
include concepts that overlap with
existing provisions of section 594.201
(a)(1), (a)(2), (a)(3), or (a)(4)(i). However,
in light of the serious danger posed to
national security by international
terrorism, OFAC has determined that
the benefit of greater specificity in its
definitions outweighs any concerns
with redundancy. In promulgating this
definition, OFAC does not mean to
imply any limitation on the scope of
section 594.201(a)(1), (a)(2), (a)(3), or
PO 00000
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Fmt 4700
Sfmt 4700
(a)(4)(i). Finally, as in all programs
OFAC administers, these and other
designation criteria in the GTSR will be
applied in a manner consistent with
pertinent Federal law, including, where
applicable, the First Amendment to the
United States Constitution.
Executive Order 12866, Administrative
Procedure Act, Regulatory Flexibility
Act, and Paperwork Reduction Act
Because the regulations at issue
involve a foreign affairs function, the
provisions of Executive Order 12866
and the Administrative Procedure Act (5
U.S.C. 553) requiring notice of proposed
rulemaking, opportunity for public
participation, and delay in effective date
are inapplicable. Because no notice of
proposed rulemaking is required for this
rule, the Regulatory Flexibility Act (5
U.S.C. 601–612) does not apply.
The Paperwork Reduction Act does
not apply because this rule does not
impose information collection
requirements that would require the
approval of the Office of Management
and Budget under 44 U.S.C. 3501 et seq.
List of Subjects in 31 CFR Part 594
Administrative practice and
procedure, Banks, Banking, Penalties,
Reporting and recordkeeping
requirements, Terrorism.
I For the reasons set forth in the
preamble, the Office of Foreign Assets
Control amends 31 CFR part 594 as
follows:
PART 594—GLOBAL TERRORISM
SANCTIONS REGULATIONS
1. The authority citation for part 594
continues to read as follows:
I
Authority: 3 U.S.C. 301; 22 U.S.C. 287c; 31
U.S.C. 321(b); 50 U.S.C. 1601–1651, 1701–
1706; Pub. L. 101–410, 104 Stat. 890 (28
U.S.C. 2461 note); Pub. L. 109–177, 120 Stat.
192; E.O. 13224, 66 FR 49079, 3 CFR, 2001
Comp., p. 786; E.O. 13268, 67 FR 44751; 3
CFR, 2002 Comp., p. 240; E.O. 13284, 64 FR
4075, 3 CFR, 2003 Comp., p. 161.
Subpart B—Prohibitions
2. In § 594.201, revise Note 3 to
paragraph (a) to read as follows:
I
§ 594.201 Prohibited transactions
involving blocked property.
(a) * * *
Note 3 to paragraph (a). Section 501.807
of this chapter V sets forth the procedures to
be followed by persons seeking
administrative reconsideration of their
designation pursuant to § 594.201(a) or who
wish to assert that the circumstances
resulting in designation no longer apply.
Similarly, when a transaction results in the
blocking of funds at a financial institution
pursuant to this section and a party to the
E:\FR\FM\30JAR1.SGM
30JAR1
]]>Agencies
[Federal Register Volume 72, Number 19 (Tuesday, January 30, 2007)]
[Rules and Regulations]
[Pages 4205-4206]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 07-308]
=======================================================================
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PEACE CORPS
22 CFR Part 304
RIN 0420-AA20
Claims Against Government Under Federal Tort Claims Act
AGENCY: Peace Corps.
ACTION: Fina rule and comment request.
-----------------------------------------------------------------------
SUMMARY: The Peace Corps is revising its regulations concerning claims
filed under the Federal Tort Claims Act. These changes update Peace
Corps' address, as well as authority cited in the regulation. Revisions
also identify a new policy under which the Chief Financial Officer,
rather than the Director of the Peace Corps, will have authority to
approve claims for amounts under $5000.
DATES: This final rule is effective on March 16, 2007 without further
action, unless adverse comment is received by Peace Corps by March 1,
2007. If adverse comment is received, Peace Corps will publish a timely
withdrawal of the rule in the Federal Register.
ADDRESSES: You may submit comments by e-mail to sglasow@peacecorps.gov.
Include Rin 0420-AA20 in the subject line of the message. You may also
submit comments by mail to Suzanne Glasow, Office of the General
Counsel, Peace Corps, Suite 8200, 1111 20th Street, NW., Washington, DC
20526. Contact Suzanne Glasow for copies of comments.
FOR FURTHER INFORMATION CONTACT: Suzanne Glasow, Associat General
Counsel, 202-692-2150, sglasow@peacecorps.gov.
SUPPLEMENTARY INFORMATION: The revisions to the rules include updates
to cited authority and Peace Corps' address. In addition, claims for
less than $5000 will no longer require approval from the head of the
agency. The Chief Financial Officer will be the designee of the head of
the agency for such claims. The head of the agency will continue to
have approval authority for all claims of $5000 or more.
Section-by-Section Analysis
Section 304.1 Scope; Definitions
Subpart (c) is amended to reflect the fact that 31 FR 16616 is no
longer a thorough representation of the contents of 28 CFR part 14. The
language of this section will be revised by deleting 31 FR 16616, and
referring only to 28 CFR part 14.
Section 304.2 Administrative Claim; When Presented; Appropriate Peace
Corps Office
Subpart (a) is amended to include Peace Corps' current address,
1111 20th Street, NW., Washington, DC 20526.
Section 304.7 Authority To Adjust, Determine, Comprise, and Settle
Claims
This section is revised to state that the Chief Financial Officer
has the authority to adjust, determine, compromise, and settle claims
for less than $5,000 under section 2672 of title 28, United States
Code. The Director of the Peace Corps retains authority for all claims
of $5,000 or more.
Section 304.9 Referral to the Department of Justice
This section is revised to delete the reference to 28 CFR 14.7,
which is an obsolete citation.
Executive Order 12866
This regulation has been determined to be nonsignificant 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 Part 304
Claims.
0
Accordingly, under the authority of 22 U.S.C. 2503(b) and 28 U.S.C.
2672, Peace Corps amends the Code of Federal Regulations, Title 22,
Chapter III, as follows:
PART 304--CLAIMS AGAINST GOVERNMENT UNDER FEDERAL TORT CLAIMS ACT
0
1. The authority citation is revised to read as follows:
Authority: 28 U.S.C. 2672; 22 U.S.C. 2503(b); E.O. 12137, as
amended.
0
2. Section 304.1(c) is revised to read as follows:
[[Page 4206]]
Sec. 304.1 Scope; definitions.
* * * * *
(c) This subpart is issued subject to and consistent with
applicable regulations on administrative claims under the Federal Tort
Claims Act issued by the Attorney General (28 CFR part 14).
* * * * *
0
3. Section 304.2(b) is revised to read as follows:
Sec. 304.2 Administrative claim; when presented; appropriate Peace
Corps office.
* * * * *
(b) A claimant shall mail or deliver his claim to the General
Counsel, Peace Corps, 1111 20th Street, NW., Washington, DC 20526.
0
4. Section 304.7 is revised to read as follows:
Sec. 304.7 Authority to adjust, determine, compromise, and settle
claims.
The authority to consider, ascertain, adjust, determine, compromise
and settle claims of less than $5,000 under 28 U.S.C. 2672, and this
subpart, rests with the Chief Financial Officer, as the designee of the
head of the agency. For claims under 28 U.S.C. 2672 and this subpart,
subject to Sec. 304.8, the Director of the Peace Corps retains
authority to consider, ascertain, adjust, determine, compromise and
settle claims of $5,000 or more.
0
5. Section 304.9 is revised to read as follows:
Sec. 304.9 Referral to the Department of Justice.
When Department of Justice approval or consultation is required
under Sec. 304.8, the referral or request shall be transmitted to the
Department of Justice by the General Counsel.
Dated: January 19, 2007.
Tyler S. Posey,
General Counsel.
[FR Doc. 07-308 Filed 1-29-07; 8:45 am]
BILLING CODE 6015-01-M
