Procedures To Adjudicate Claims for Personal Injury or Property Damage Arising Out of the Operation of the U.S. Postal Service, 75339-75340 [E8-29299]
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Federal Register / Vol. 73, No. 239 / Thursday, December 11, 2008 / Rules and Regulations
incurred. This mechanism would not satisfy
the chapter 154 requirement regarding
payment of reasonable litigation expenses.
(d) The state provides competency
standards for the appointment of
counsel representing indigent prisoners
in capital cases in state postconviction
proceedings.
Example 1. A state requires that
postconviction counsel must have been a
member of the state bar for at least five years
and have at least three years of felony
litigation experience. This standard is similar
to that set by federal law for appointed
counsel for indigent defendants in
postconviction proceedings in federal capital
cases, and in federal habeas corpus review of
state capital cases, under 18 U.S.C.
3599(a)(2), (c). Because this state has adopted
standards of competency, it meets this
requirement.
Example 2. A state appoints counsel for
indigent capital defendants in postconviction
proceedings from a public defender’s office.
The appointed defender must be an attorney
admitted to practice law in the state and
must possess demonstrated experience in the
litigation of capital cases. This state would
meet the requirement of having established
standards of competency for postconviction
capital counsel.
Example 3. A state law requires some
combination of training and litigation
experience. For example, state law might
provide that in order to represent an indigent
defendant in state postconviction
proceedings in a capital case an attorney
must—(1) Have attended at least twelve
hours of training or educational programs on
postconviction criminal litigation and the
defense of capital cases; (2) have substantial
felony trial experience; and (3) have
participated as counsel or co-counsel in at
least five appeals or postconviction review
proceedings relating to violent felony
convictions. This State would meet the
requirement of having established standards
of competency for postconviction capital
counsel.
Example 4. State law allows any attorney
licensed by the state bar to practice law to
represent indigent capital defendants in
postconviction proceedings. No effort is
made to set further standards or guidelines
for such representation. Such a mechanism
would not meet the requirement of having
established standards of competency for
postconviction capital counsel.
jlentini on PROD1PC65 with RULES
§ 26.23
Certification process.
(a) An appropriate state official may
request that the Attorney General
determine whether the state meets the
requirements for certification under
§ 26.22.
(b) The request shall include:
(1) An attestation by the submitting
state official that he or she is the
‘‘appropriate state official’’ as defined in
§ 26.21; and
(2) An affirmation by the state that it
has provided notice of its request for
certification to the chief or presiding
justice or judge of the state’s highest
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16:21 Dec 10, 2008
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court with jurisdiction over criminal
matters.
(c) Upon receipt of a state’s request for
certification, the Attorney General will
publish a notice in the Federal
Register—
(1) Indicating that the state has
requested certification;
(2) Listing any statutes, regulations,
rules, policies, and other authorities
identified by the state in support of the
request; and
(3) Soliciting public comment on the
request.
(d) The state’s request will be
reviewed by the Attorney General, who
may, at any time, request supplementary
information from the state or advise the
state of any deficiencies that would
need to be remedied in order to obtain
certification. The review will include
consideration of timely public
comments received in response to the
Federal Register notice under paragraph
(c) of this section. The certification will
be published in the Federal Register if
certification is granted. The certification
will include a determination of the date
the capital counsel mechanism
qualifying the state for certification was
established.
(e) Upon certification by the Attorney
General that a state meets the
requirements of § 26.22, such
certification is final and will not be
reopened. Subsequent changes in a
state’s mechanism for providing legal
representation to indigent prisoners in
state postconviction proceedings in
capital cases do not affect the validity of
a prior certification or the applicability
of chapter 154 in any case in which a
mechanism certified by the Attorney
General existed during state
postconviction proceedings in the case.
However, a state may request a new
certification by the Attorney General to
resolve uncertainties concerning or meet
challenges to the applicability of
chapter 154 in relation to federal habeas
corpus review of capital cases from the
state based on changes or alleged
changes in the state’s capital counsel
mechanism.
Dated: December 5, 2008.
Michael B. Mukasey,
Attorney General.
[FR Doc. E8–29328 Filed 12–10–08; 8:45 am]
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75339
POSTAL SERVICE
39 CFR Part 912
Procedures To Adjudicate Claims for
Personal Injury or Property Damage
Arising Out of the Operation of the U.S.
Postal Service
Postal Service.
Final rule.
AGENCY:
ACTION:
SUMMARY: This rule amends the Postal
Service’s regulations concerning tort
claims to clarify the procedure for
amending claims, and to update mailing
addresses.
DATES: Effective Date: December 11,
2008.
FOR FURTHER INFORMATION CONTACT:
Ruth A. Przybeck, Chief Counsel,
National Tort Center, P.O. Box 66640,
St. Louis, MO 63141–0640; telephone
(314) 872–5120.
SUPPLEMENTARY INFORMATION:
Amendment of part 912 is necessary to
clarify the procedure in § 912.5 for
amending claims, and to update mailing
addresses. This rule is a change in
agency rules of procedure that does not
substantially affect any rights or
obligations of private parties. Therefore,
it is appropriate for its adoption by the
Postal Service to become effective
immediately.
List of Subjects in 39 CFR Part 912
Administrative practice and
procedure; Claims.
■ For the reasons set forth above, the
Postal Service amends 39 CFR part 912
as follows:
PART 912—[AMENDED]
1. The authority citation for part 912
continues to read as follows:
■
Authority: 28 U.S.C. 2671–2680; 28 CFR
14.1 through 14.11; 39 U.S.C. 409.
§ 912.4
[Amended]
2. In § 912.4, remove the address
‘‘P.O. Box 66640, St. Louis, MO 63166–
6640’’ and add ‘‘P.O. Box 66640, St.
Louis, MO 63141–0640’’ in its place.
■ 3. In § 912.5, add paragraph (c) to read
as follows:
■
§ 912.5 Administrative claim; when
presented.
*
*
*
*
*
(c) Amendments shall be submitted in
writing and signed by the claimant or
his duly authorized agent or legal
representative. Upon the timely filing of
an amendment to a pending claim, the
Postal Service shall have six months in
which to make final disposition of the
claim as amended, and the claimant’s
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Federal Register / Vol. 73, No. 239 / Thursday, December 11, 2008 / Rules and Regulations
option under 28 U.S.C. 2675(a) shall not
accrue until six months after the filing
of an amendment.
§ 912.9
[Amended]
4. Amend § 912.9 as follows:
a. In paragraph (b), remove the
address ‘‘P.O. Box 66640, St. Louis, MO
63166–6640’’ and add ‘‘P.O. Box 66640,
St. Louis, MO 63141–0640’’ in its place.
■ b. In paragraph (c), remove the
address ‘‘P.O. Box 66640, St. Louis, MO
63166–6640’’ and add ‘‘P.O. Box 66640,
St. Louis, MO 63141–0640’’ in its place.
■
■
Stanley F. Mires,
Chief Counsel, Legislative.
[FR Doc. E8–29299 Filed 12–10–08; 8:45 am]
BILLING CODE 7710–12–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 19 and 27
[FRL–8750–4]
RIN 2020–AA46
Civil Monetary Penalty Inflation
Adjustment Rule
jlentini on PROD1PC65 with RULES
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Final rule.
SUMMARY: The Environmental Protection
Agency (EPA) is issuing this final Civil
Monetary Penalty Inflation Adjustment
Rule, as mandated by the Debt
Collection Improvement Act of 1996
(DCIA), to adjust for inflation the
statutory civil monetary penalties that
may be assessed for violations of EPAadministered statutes and their
implementing regulations. The Agency
is required to review the civil monetary
penalties under the statutes it
administers at least once every four
years and to adjust such penalties as
necessary for inflation according to a
formula specified in the DCIA. Table 1
of the regulations, which appears near
the end of this rule, contains a list of all
civil monetary penalty authorities under
EPA-administered statutes and the
applicable statutory amounts, as
adjusted for inflation.
DATES: Effective Date: January 12, 2009.
FOR FURTHER INFORMATION CONTACT:
David Abdalla, Special Litigation and
Projects Division (2248A), Office of
Civil Enforcement, Office of
Enforcement and Compliance
Assurance, U.S. Environmental
Protection Agency, 1200 Pennsylvania
Avenue, NW., Washington, DC 20460,
(202) 564–2413.
SUPPLEMENTARY INFORMATION:
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I. Background
Pursuant to section 4 of the Federal
Civil Penalties Inflation Adjustment Act
of 1990, 28 U.S.C. 2461 note, as
amended by the DCIA, 31 U.S.C. 3701
note, each federal agency is required to
issue regulations adjusting for inflation
the statutory civil monetary penalties 1
(‘‘civil penalties’’ or ‘‘penalties’’) that
can be imposed under the laws
administered by that agency. The
purpose of these adjustments is to
maintain the deterrent effect of civil
penalties and to further the policy goals
of the underlying statutes. The DCIA
requires adjustments to be made at least
once every four years following the
initial adjustment. EPA’s initial
adjustment to each statutory civil
penalty amount was published in the
Federal Register on December 31, 1996
(61 FR 69360), and became effective on
January 30, 1997. EPA’s second and
most recent adjustment to each civil
penalty amount was published in the
Federal Register on February 13, 2004
(69 FR 7121) and became effective on
March 15, 2004 (‘‘the 2004 Rule’’).
This rule, specifically Table 1 in 40
CFR 19.4, adjusts in accordance with
the DCIA the maximum and, in some
cases, the minimum amount of each
statutory civil penalty that may be
imposed for violations of EPAadministered statutes and their
implementing regulations. Table 1
identifies the applicable EPAadministered statutes and sets out the
inflation-adjusted civil penalty amounts
that may be imposed pursuant to each
statutory provision. This rule also
clarifies that the adjusted penalty
amounts in 40 CFR 19.4 are applicable
to violations that occur after the
effective date of this rule.
The formula provided by the DCIA for
determining the cost-of-living
adjustment to statutory civil penalties
consists of a four-step process. The first
step entails determining the inflation
adjustment factor. This is done by
calculating the percentage increase by
which the Consumer Price Index 2 for all
urban consumers (CPI–U) for the month
1 Section 3 of the Federal Civil Penalties Inflation
Adjustment Act of 1990, 28 U.S.C. 2461 note, as
amended by the DCIA, 31 U.S.C. 3701 note, defines
‘‘civil monetary penalty’’ to mean ‘‘any penalty, fine
or other sanction that—(A)(i) is for a specific
monetary amount as provided by federal law; or (ii)
has a maximum amount provided for by federal law
* * *.’’
2 Section 3 of the DCIA defines ‘‘Consumer Price
Index’’ to mean ‘‘the Consumer Price Index for allurban consumers published by the Department of
Labor.’’ Interested parties may find the relevant
Consumer Price Index, published by the
Department of Labor’s Bureau of Labor Statistics, on
the Internet. To access this information, go to the
CPI Home Page at: ftp://ftp.bls.gov/pub/
special.requests/cpi/cpiai.txt.
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of June of the calendar year preceding
the adjustment exceeds the CPI–U for
the month of June of the calendar year
in which the amount of such civil
monetary penalty was last set or
adjusted.3 Accordingly, the inflation
adjustment factor for the present
adjustment equals the CPI–U for June
2007 (i.e., June of the year preceding
this year), divided by the CPI–U for June
2004. Given that the last adjustment was
made and published on February 13,
2004, the inflation adjustment for most
civil penalties set forth in this rule was
calculated by comparing the CPI–U for
June 2004 (189.7) with the CPI–U for
June 2007 (208.352), resulting in an
inflation adjustment factor of 9.83
percent. Certain civil penalties that had
not been adjusted since the initial 1996
adjustment were adjusted by an
inflation adjustment of 32.96 percent
calculated comparing the CPI–U for
June 1996 (156.7) with the CPI–U for
June 2007 (208.352).
Once the inflation adjustment factor is
determined, the second step is to
multiply the inflation adjustment factor
by the current civil penalty amount to
calculate the raw inflation increase. The
third step is to round this raw inflation
increase according to the section 5(a) of
the DCIA. The DCIA’s rounding rules
require that any increase be rounded to
the nearest multiple of: $10 in the case
of penalties less than or equal to $100;
$100 in the case of penalties greater
than $100 but less than or equal to
$1,000; $1,000 in the case of penalties
greater than $1,000 but less than or
equal to $10,000; $5,000 in the case of
penalties greater than $10,000 but less
than or equal to $100,000; $10,000 in
the case of penalties greater than
$100,000 but less than or equal to
$200,000; and $25,000 in the case of
penalties greater than $200,000. (See
section 5(a) of the Federal Civil
Penalties Inflation Adjustment Act of
1990, 28 U.S.C. 2461 note, as amended
by the DCIA, 31 U.S.C. 3701 note.) Once
the inflation increase has been rounded
pursuant to the DCIA, the fourth step is
to add the rounded inflation increase to
the current civil penalty amount to
obtain the new, inflation-adjusted civil
penalty amount.
For most civil penalties, the amount
of the last adjusted civil penalty
reflected in Table 1 of the 2004 Rule
3 Section 5(b) of the DCIA requires that statutory
civil penalties be adjusted to reflect ‘‘the percentage
(if any) for each civil monetary penalty by which—
(1) the Consumer Price Index for the month of June
of the calendar year preceding the adjustment,
exceeds (2) the Consumer Price Index for the month
of June of the calendar year in which the amount
of such civil monetary penalty was last set or
adjusted pursuant to law.’’
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[Federal Register Volume 73, Number 239 (Thursday, December 11, 2008)]
[Rules and Regulations]
[Pages 75339-75340]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-29299]
=======================================================================
-----------------------------------------------------------------------
POSTAL SERVICE
39 CFR Part 912
Procedures To Adjudicate Claims for Personal Injury or Property
Damage Arising Out of the Operation of the U.S. Postal Service
AGENCY: Postal Service.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This rule amends the Postal Service's regulations concerning
tort claims to clarify the procedure for amending claims, and to update
mailing addresses.
DATES: Effective Date: December 11, 2008.
FOR FURTHER INFORMATION CONTACT: Ruth A. Przybeck, Chief Counsel,
National Tort Center, P.O. Box 66640, St. Louis, MO 63141-0640;
telephone (314) 872-5120.
SUPPLEMENTARY INFORMATION: Amendment of part 912 is necessary to
clarify the procedure in Sec. 912.5 for amending claims, and to update
mailing addresses. This rule is a change in agency rules of procedure
that does not substantially affect any rights or obligations of private
parties. Therefore, it is appropriate for its adoption by the Postal
Service to become effective immediately.
List of Subjects in 39 CFR Part 912
Administrative practice and procedure; Claims.
0
For the reasons set forth above, the Postal Service amends 39 CFR part
912 as follows:
PART 912--[AMENDED]
0
1. The authority citation for part 912 continues to read as follows:
Authority: 28 U.S.C. 2671-2680; 28 CFR 14.1 through 14.11; 39
U.S.C. 409.
Sec. 912.4 [Amended]
0
2. In Sec. 912.4, remove the address ``P.O. Box 66640, St. Louis, MO
63166-6640'' and add ``P.O. Box 66640, St. Louis, MO 63141-0640'' in
its place.
0
3. In Sec. 912.5, add paragraph (c) to read as follows:
Sec. 912.5 Administrative claim; when presented.
* * * * *
(c) Amendments shall be submitted in writing and signed by the
claimant or his duly authorized agent or legal representative. Upon the
timely filing of an amendment to a pending claim, the Postal Service
shall have six months in which to make final disposition of the claim
as amended, and the claimant's
[[Page 75340]]
option under 28 U.S.C. 2675(a) shall not accrue until six months after
the filing of an amendment.
Sec. 912.9 [Amended]
0
4. Amend Sec. 912.9 as follows:
0
a. In paragraph (b), remove the address ``P.O. Box 66640, St. Louis, MO
63166-6640'' and add ``P.O. Box 66640, St. Louis, MO 63141-0640'' in
its place.
0
b. In paragraph (c), remove the address ``P.O. Box 66640, St. Louis, MO
63166-6640'' and add ``P.O. Box 66640, St. Louis, MO 63141-0640'' in
its place.
Stanley F. Mires,
Chief Counsel, Legislative.
[FR Doc. E8-29299 Filed 12-10-08; 8:45 am]
BILLING CODE 7710-12-P
