Administrative Claims Under the Federal Tort Claims Act; Delegation of Authority, 70276-70277 [E8-27518]
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Federal Register / Vol. 73, No. 225 / Thursday, November 20, 2008 / Rules and Regulations
Judge’s decision is appealable first to
the Commission and from there to a U.S.
Court of appeals. In the event an award
of post-judgment interest is
inadvertently omitted, such interest
nevertheless shall run according to the
terms of 28 U.S.C. 1961 and the Part 12
Rules.
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Issued in Washington, DC, on October 20,
2008 by the Commission.
David A. Stawick,
Secretary of the Commission.
[FR Doc. E8–27177 Filed 11–19–08; 8:45 am]
BILLING CODE 6351–01–P
PART 520—ORAL DOSAGE FORM
NEW ANIMAL DRUGS
1. The authority citation for 21 CFR
part 520 continues to read as follows:
■
Authority: 21 U.S.C. 360b.
§ 520.100
[Corrected]
2. In § 520.100(b)(2), remove ‘‘Nos.
051311 and 066104’’ and add in its
place ‘‘No. 66104’’.
■
Dated: October 17, 2008.
Bernadette Dunham,
Director, Center for Veterinary Medicine.
[FR Doc. E8–27646 Filed 11–19–08; 8:45 am]
BILLING CODE 4160–01–S
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
DEPARTMENT OF JUSTICE
28 CFR Part 14
Food and Drug Administration
Administrative Claims Under the
Federal Tort Claims Act; Delegation of
Authority
21 CFR Part 520
[Docket No. FDA–2008–N–0039]
AGENCY:
Food and Drug Administration,
HHS.
ACTION:
Correcting amendments.
SUMMARY: The Food and Drug
Administration (FDA) is correcting a
document amending the animal drug
regulations to reflect approval of a
supplemental new animal drug
application (NADA) that appeared in
the Federal Register of August 6, 2008
(73 FR 45610). FDA is correcting a
paragraph designating the sponsors of
approved applications for oral dosage
forms of amprolium. This correction is
being made to improve the accuracy of
the animal drug regulations.
DATES: This rule is effective November
20, 2008.
FOR FURTHER INFORMATION CONTACT:
George K. Haibel, Center for Veterinary
Medicine (HFV–6), Food and Drug
Administration, 7519 Standish Pl.,
Rockville, MD 20855, 240–276–9019, email: george.haibel@fda.hhs.gov.
SUPPLEMENTARY INFORMATION: For
reasons set forth in this preamble, FDA
is correcting 21 CFR part 520 as follows:
rwilkins on PROD1PC63 with RULES
List of Subjects in 21 CFR Part 520
Animal drugs.
■ Therefore, under the Federal Food,
Drug, and Cosmetic Act and under the
authority delegated to the Commissioner
of Food and Drugs and redelegated to
the Center for Veterinary Medicine, 21
CFR part 520 is corrected by making the
following amendment:
VerDate Aug<31>2005
18:21 Nov 19, 2008
Jkt 217001
Department of Justice.
Final rule.
AGENCY:
Oral Dosage Form New Animal Drugs;
Amprolium; Correction
ACTION:
SUMMARY: This Directive delegates
authority to the Postmaster General to
settle administrative tort claims
presented pursuant to the Federal Tort
Claims Act where the amount of the
settlement does not exceed $300,000.
This Directive implements the
Administrative Dispute Resolution Act.
This Directive will alert the general
public to the new authority and is being
published in the Code of Federal
Regulations to provide a permanent
record of this delegation.
DATES: Effective Date: November 20,
2008.
FOR FURTHER INFORMATION CONTACT:
Phyllis J. Pyles, Director, Torts Branch,
Civil Division, U.S. Department of
Justice, P.O. Box 888, Washington, DC
20044, (202) 616–4400.
SUPPLEMENTARY INFORMATION: This
Directive has been issued to delegate
settlement authority and is a matter
solely related to the division of
responsibility between the Department
of Justice and the United States Postal
Service. As such, this rule is a rule of
agency organization, procedure, and
practice that is limited to matters of
agency management and personnel.
Accordingly: (1) This rule is exempt
from the notice requirement of 5 U.S.C.
553(b) and is made effective upon
issuance; (2) the Department certifies
under 5 U.S.C. 605(b) that this rule will
not have a significant economic impact
on a substantial number of small entities
and further that no Regulatory
Flexibility Analysis was required to be
PO 00000
Frm 00032
Fmt 4700
Sfmt 4700
prepared for this final rule since the
Department was not required to publish
a general notice of proposed
rulemaking; (3) this action is not a
‘‘regulation’’ or ‘‘rule’’ as defined by
Executive Order 12866, ‘‘Regulatory
Planning and Review,’’ § 3(d)(3) and,
therefore, this action has not been
reviewed by the Office of Management
and Budget.
This rule will not have substantial
direct effects on the States, on the
relationship between the national
government and the States, or on
distribution of power and
responsibilities among the various
levels of government. Therefore, in
accordance with Executive Order 13132,
‘‘Federalism,’’ it is determined that this
rule does not have sufficient federalism
implications to warrant the preparation
of a Federalism Assessment. This
regulation meets the applicable
standards set forth in sections 3(a) and
3(b)(2) of Executive Order 12988, ‘‘Civil
Justice Reform.’’ 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.
Finally, this action pertains to agency
management, personnel, and
organization and does not substantially
affect the rights or obligations of nonagency parties and, accordingly, is not
a ‘‘rule’’ as that term is used by the
Congressional Review Act (Subtitle E of
the Small Business Regulatory
Enforcement Fairness Act of 1996).
Therefore, the reporting requirement of
5 U.S.C. 801 does not apply.
List of Subjects in 28 CFR Part 14
Authority delegations (government
agencies), Claims.
By virtue of the authority vested in me
by part 0 of title 28 of the Code of
Federal Regulations, including §§ 0.45,
0.160, 0.162, 0.164, and 0.168, 28 CFR
part 14 is amended as follows:
■
PART 14—ADMINISTRATIVE CLAIMS
UNDER FEDERAL TORT CLAIMS ACT
1. The authority citation for part 14 is
revised to read as follows:
■
Authority: 5 U.S.C. 301; 28 U.S.C. 509,
510, and 2672.
2. The appendix to part 14 is amended
by revising the heading and text for the
‘‘Delegation of Authority to the
Postmaster General’’ to read as follows:
■
E:\FR\FM\20NOR1.SGM
20NOR1
Federal Register / Vol. 73, No. 225 / Thursday, November 20, 2008 / Rules and Regulations
Appendix to Part 14—Delegations of
Settlement Authority
*
*
*
*
*
Delegation of Authority to the Postmaster
General
Section 1. Authority to Compromise Tort
Claims.
(a) The Postmaster General shall have the
authority to adjust, determine, compromise,
and settle a claim involving the United States
Postal Service under section 2672 of title 28,
United States Code, relating to the
administrative settlement of federal tort
claims, if the amount of the proposed
adjustment, compromise, or award does not
exceed $300,000. When the Postmaster
General believes a claim pending before him
presents a novel question of law or of policy,
he shall obtain the advice of the Assistant
Attorney General in charge of the Civil
Division.
(b) The Postmaster General may redelegate,
in writing, the settlement authority delegated
to him under this section.
Section 2. Memorandum.
Whenever the Postmaster General settles
any administrative claim pursuant to the
authority granted by section 1 for an amount
in excess of $100,000 and within the amount
delegated to him under section 1, a
memorandum fully explaining the basis for
the action taken shall be executed. A copy of
this memorandum shall be sent
contemporaneously to the Director, FTCA
Staff, Torts Branch of the Civil Division.
*
*
*
*
*
Gregory G. Katsas,
Assistant Attorney General, Civil Division.
[FR Doc. E8–27518 Filed 11–19–08; 8:45 am]
BILLING CODE 4410–12–P
DEPARTMENT OF JUSTICE
28 CFR Part 14
Administrative Claims Under the
Federal Tort Claims Act; Delegation of
Authority
Department of Justice.
Final rule.
AGENCY:
ACTION:
This Directive delegates
authority to the Secretary of Defense to
settle administrative tort claims
presented pursuant to the Federal Tort
Claims Act where the amount of the
settlement does not exceed $300,000.
This Directive implements the
Administrative Dispute Resolution Act.
This Directive will alert the general
public to the new authority and is being
published in the Code of Federal
Regulations to provide a permanent
record of this delegation.
DATES: Effective Date: November 20,
2008.
FOR FURTHER INFORMATION CONTACT:
Phyllis J. Pyles, Director, Torts Branch,
rwilkins on PROD1PC63 with RULES
SUMMARY:
VerDate Aug<31>2005
18:21 Nov 19, 2008
Jkt 217001
Civil Division, U.S. Department of
Justice, P.O. Box 888, Washington, DC
20044, (202) 616–4400.
SUPPLEMENTARY INFORMATION: This
Directive has been issued to delegate
settlement authority and is a matter
solely related to the division of
responsibility between the Department
of Justice and the Department of
Defense. As such, this rule is a rule of
agency organization, procedure, and
practice that is limited to matters of
agency management and personnel.
Accordingly: (1) This rule is exempt
from the notice requirement of 5 U.S.C.
553(b) and is made effective upon
issuance; (2) the Department certifies
under 5 U.S.C. 605(b) that this rule will
not have a significant economic impact
on a substantial number of small entities
and further that no Regulatory
Flexibility Analysis was required to be
prepared for this final rule since the
Department was not required to publish
a general notice of proposed
rulemaking; (3) this action is not a
‘‘regulation’’ or ‘‘rule’’ as defined by
Executive Order 12866, ‘‘Regulatory
Planning and Review,’’ § 3(d)(3) and,
therefore, this action has not been
reviewed by the Office of Management
and Budget.
This rule will not have substantial
direct effects on the States, on the
relationship between the national
government and the States, or on
distribution of power and
responsibilities among the various
levels of government. Therefore, in
accordance with Executive Order 13132,
‘‘Federalism,’’ it is determined that this
rule does not have sufficient federalism
implications to warrant the preparation
of a Federalism Assessment. This
regulation meets the applicable
standards set forth in sections 3(a) and
3(b)(2) of Executive Order 12988, ‘‘Civil
Justice Reform.’’ 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.
Finally, this action pertains to agency
management, personnel, and
organization and does not substantially
affect the rights or obligations of nonagency parties and, accordingly, is not
a ‘‘rule’’ as that term is used by the
Congressional Review Act (Subtitle E of
the Small Business Regulatory
Enforcement Fairness Act of 1996).
Therefore, the reporting requirement of
5 U.S.C. 801 does not apply.
PO 00000
Frm 00033
Fmt 4700
Sfmt 4700
70277
List of Subjects in 28 CFR Part 14
Authority delegations (government
agencies), Claims.
By virtue of the authority vested in me
by part 0 of title 28 of the Code of
Federal Regulations, including §§ 0.45,
0.160, 0.162, 0.164, and 0.168, 28 CFR
part 14 is amended as follows:
■
PART 14—ADMINISTRATIVE CLAIMS
UNDER FEDERAL TORT CLAIMS ACT
1. The authority citation for part 14 is
revised to read as follows:
■
Authority: 5 U.S.C. 301; 28 U.S.C. 509,
510, and 2672.
2. The appendix to part 14 is amended
by revising the heading and text for the
‘‘Delegation of Authority to the
Secretary of Defense’’ to read as follows:
■
Appendix to Part 14—Delegations of
Settlement Authority
*
*
*
*
*
Delegation of Authority to the Secretary of
Defense
Section 1. Authority To Compromise Tort
Claims.
(a) The Secretary of Defense shall have the
authority to adjust, determine, compromise,
and settle a claim involving the Department
of Defense under section 2672 of title 28,
United States Code, relating to the
administrative settlement of federal tort
claims, if the amount of the proposed
adjustment, compromise, or award does not
exceed $300,000. When the Secretary
believes a claim pending before him presents
a novel question of law or of policy, he shall
obtain the advice of the Assistant Attorney
General in charge of the Civil Division.
(b) The Secretary may redelegate, in
writing, the settlement authority delegated to
him under this section.
Section 2. Memorandum.
Whenever the Secretary of Defense settles
any administrative claim pursuant to the
authority granted by section 1 for an amount
in excess of $100,000 and within the amount
delegated to him under section 1, a
memorandum fully explaining the basis for
the action taken shall be executed. A copy of
this memorandum shall be sent
contemporaneously to the Director, FTCA
Staff, Torts Branch of the Civil Division.
*
*
*
*
*
Gregory G. Katsas,
Assistant Attorney General, Civil Division.
[FR Doc. E8–27517 Filed 11–19–08; 8:45 am]
BILLING CODE 4410–12–P
E:\FR\FM\20NOR1.SGM
20NOR1
]]>Agencies
[Federal Register Volume 73, Number 225 (Thursday, November 20, 2008)]
[Rules and Regulations]
[Pages 70276-70277]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-27518]
=======================================================================
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DEPARTMENT OF JUSTICE
28 CFR Part 14
Administrative Claims Under the Federal Tort Claims Act;
Delegation of Authority
AGENCY: Department of Justice.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This Directive delegates authority to the Postmaster General
to settle administrative tort claims presented pursuant to the Federal
Tort Claims Act where the amount of the settlement does not exceed
$300,000. This Directive implements the Administrative Dispute
Resolution Act. This Directive will alert the general public to the new
authority and is being published in the Code of Federal Regulations to
provide a permanent record of this delegation.
DATES: Effective Date: November 20, 2008.
FOR FURTHER INFORMATION CONTACT: Phyllis J. Pyles, Director, Torts
Branch, Civil Division, U.S. Department of Justice, P.O. Box 888,
Washington, DC 20044, (202) 616-4400.
SUPPLEMENTARY INFORMATION: This Directive has been issued to delegate
settlement authority and is a matter solely related to the division of
responsibility between the Department of Justice and the United States
Postal Service. As such, this rule is a rule of agency organization,
procedure, and practice that is limited to matters of agency management
and personnel. Accordingly: (1) This rule is exempt from the notice
requirement of 5 U.S.C. 553(b) and is made effective upon issuance; (2)
the Department certifies under 5 U.S.C. 605(b) that this rule will not
have a significant economic impact on a substantial number of small
entities and further that no Regulatory Flexibility Analysis was
required to be prepared for this final rule since the Department was
not required to publish a general notice of proposed rulemaking; (3)
this action is not a ``regulation'' or ``rule'' as defined by Executive
Order 12866, ``Regulatory Planning and Review,'' Sec. 3(d)(3) and,
therefore, this action has not been reviewed by the Office of
Management and Budget.
This rule will not have substantial direct effects on the States,
on the relationship between the national government and the States, or
on distribution of power and responsibilities among the various levels
of government. Therefore, in accordance with Executive Order 13132,
``Federalism,'' it is determined that this rule does not have
sufficient federalism implications to warrant the preparation of a
Federalism Assessment. This regulation meets the applicable standards
set forth in sections 3(a) and 3(b)(2) of Executive Order 12988,
``Civil Justice Reform.'' 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.
Finally, this action pertains to agency management, personnel, and
organization and does not substantially affect the rights or
obligations of non-agency parties and, accordingly, is not a ``rule''
as that term is used by the Congressional Review Act (Subtitle E of the
Small Business Regulatory Enforcement Fairness Act of 1996). Therefore,
the reporting requirement of 5 U.S.C. 801 does not apply.
List of Subjects in 28 CFR Part 14
Authority delegations (government agencies), Claims.
0
By virtue of the authority vested in me by part 0 of title 28 of the
Code of Federal Regulations, including Sec. Sec. 0.45, 0.160, 0.162,
0.164, and 0.168, 28 CFR part 14 is amended as follows:
PART 14--ADMINISTRATIVE CLAIMS UNDER FEDERAL TORT CLAIMS ACT
0
1. The authority citation for part 14 is revised to read as follows:
Authority: 5 U.S.C. 301; 28 U.S.C. 509, 510, and 2672.
0
2. The appendix to part 14 is amended by revising the heading and text
for the ``Delegation of Authority to the Postmaster General'' to read
as follows:
[[Page 70277]]
Appendix to Part 14--Delegations of Settlement Authority
* * * * *
Delegation of Authority to the Postmaster General
Section 1. Authority to Compromise Tort Claims.
(a) The Postmaster General shall have the authority to adjust,
determine, compromise, and settle a claim involving the United
States Postal Service under section 2672 of title 28, United States
Code, relating to the administrative settlement of federal tort
claims, if the amount of the proposed adjustment, compromise, or
award does not exceed $300,000. When the Postmaster General believes
a claim pending before him presents a novel question of law or of
policy, he shall obtain the advice of the Assistant Attorney General
in charge of the Civil Division.
(b) The Postmaster General may redelegate, in writing, the
settlement authority delegated to him under this section.
Section 2. Memorandum.
Whenever the Postmaster General settles any administrative claim
pursuant to the authority granted by section 1 for an amount in
excess of $100,000 and within the amount delegated to him under
section 1, a memorandum fully explaining the basis for the action
taken shall be executed. A copy of this memorandum shall be sent
contemporaneously to the Director, FTCA Staff, Torts Branch of the
Civil Division.
* * * * *
Gregory G. Katsas,
Assistant Attorney General, Civil Division.
[FR Doc. E8-27518 Filed 11-19-08; 8:45 am]
BILLING CODE 4410-12-P
