Federal Tort Claim Delegation, 67075-67077 [E9-30093]
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Federal Register / Vol. 74, No. 242 / Friday, December 18, 2009 / Rules and Regulations
primarily the result of human
disturbance.
Inventoried roadless areas: Areas are
identified in a set of inventoried
roadless area maps, contained in Forest
Service Roadless Area Conservation,
Draft Environmental Impact Statement,
Volume 2, dated May 2000, which are
held at the National headquarters office
of the Forest Service, or any subsequent
update or revision of those maps.
Major vegetation types: Plant
communities, which are typically
named after dominant plant species that
are characteristic of the macroclimate
and geology of the region or sub-region.
Native species: Species of the plant
and animal kingdom indigenous to the
plan area or assessment area.
Plan area: The geographic area of
National Forest System lands covered
by an individual land and resource
management plan. The area may include
one or more administrative units.
Productive capacity of ecological
systems: The ability of an ecosystem to
maintain primary productivity
including its ability to sustain desirable
conditions such as clean water, fertile
soil, riparian habitat, and the diversity
of plant and animal species; to sustain
desirable human uses; and to renew
itself following disturbance.
Range of variability: The expected
range of variation in ecosystem
composition, and structure that would
be expected under natural disturbance
regimes in the current climatic period.
These regimes include the type,
frequency, severity, and magnitude of
disturbance in the absence of fire
suppression and extensive commodity
extraction.
Reference landscapes: Places
identified in the plan area where the
conditions and trends of ecosystem
composition, structure, and processes
are deemed useful for setting objectives
for desired conditions and for judging
the effectiveness of plan decisions.
Responsible official: The officer with
the authority and responsibility to
oversee the planning process and make
decisions on proposed actions.
Reviewing officer: The supervisor of
the responsible official.
Social and economic sustainability:
Meeting the economic, social, aesthetic,
and cultural needs and desires of
current generations without reducing
the capacity of the environment to
provide for the needs and desires of
future generations, considering both
local communities and the nation as a
whole. It also involves the capacity of
citizens to communicate effectively with
each other and to make sound choices
about their environment.
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Species: Any member of the animal or
plant kingdom that is described as a
species in a peer-reviewed scientific
publication and is identified as a
species by the responsible official
pursuant to a plan decision, and must
include all species listed under the
Endangered Species Act as threatened,
endangered, candidate, or proposed for
listing by the U.S. Fish and Wildlife
Service or National Marine Fisheries
Service.
Species-at-risk: Federally listed
endangered, threatened, candidate, and
proposed species and other species for
which loss of viability, including
reduction in distribution or abundance,
is a concern within the plan area. Other
species-at-risk may include sensitive
species and state listed species. A
species-at-risk also may be selected as a
focal species.
Species viability: A species consisting
of self-sustaining and interacting
populations that are well distributed
through the species’ range. Selfsustaining populations are those that are
sufficiently abundant and have
sufficient diversity to display the array
of life history strategies and forms to
provide for their long-term persistence
and adaptability over time.
Successional stages: The different
structural and compositional phases of
vegetation development of forests and
grasslands that occur over time
following disturbances that kill, remove,
or reduce vegetation and include the
major developmental or seral stages that
occur within a particular environment.
Timber production: The sustained
long-term and periodic harvest of wood
fiber from National Forest System lands
undertaken in support of social and
economic objectives identified in one or
more land and resource management
plans. For purposes of this regulation,
the term timber production includes
fuel wood.
Undeveloped areas: Areas, including
but not limited to inventoried roadless
areas and unroaded areas, within
national forests or grasslands that are of
sufficient size and generally
untrammeled by human activities such
that they are appropriate for
consideration for wilderness
designation in the planning process.
Unroaded areas: Any area, without
the presence of a classified road, of a
size and configuration sufficient to
protect the inherent characteristics
associated with its roadless condition.
Unroaded areas do not overlap with
inventoried roadless areas.
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67075
Subpart B—[Reserved]
Dated: December 8, 2009.
Harris D. Sherman,
Under Secretary, NRE.
[FR Doc. E9–30171 Filed 12–17–09; 8:45 am]
BILLING CODE 3410–11–P
DEPARTMENT OF VETERANS
AFFAIRS
38 CFR Part 14
RIN 2900–AN44
Federal Tort Claim Delegation
Department of Veterans Affairs.
Final rule.
AGENCY:
ACTION:
SUMMARY: This document amends the
Department of Veterans Affairs (VA)
regulations concerning delegation of
authority to the Secretary of Veterans
Affairs to consider, ascertain, adjust,
determine, compromise, and settle
claims under the Federal Tort Claims
Act where the amount of settlement
does not exceed $300,000, and the
Secretary’s redelegation of such
authority to certain personnel within
the Office of the General Counsel. The
amendments will facilitate the timely
processing of claims under the Federal
Tort Claims Act by expanding VA’s
settlement authority and clarifying the
delegation of such authority within the
Department.
DATES: Effective Date: December 18,
2009.
FOR FURTHER INFORMATION CONTACT: E.
Douglas Bradshaw, Jr., Assistant General
Counsel (021), Department of Veterans
Affairs, 810 Vermont Avenue, NW.,
Washington, DC 20420, (202) 461–4900.
(This is not a toll-free number.)
SUPPLEMENTARY INFORMATION: Section
203 of the Veterans Benefits and
Services Act of 1988 (Pub. L. 100–322)
added former section 223 to title 38,
United States Code (recodified in 1991
as 38 U.S.C. 515), permitting the
Secretary of Veterans Affairs to settle
tort claims not exceeding an amount to
be delegated by the Attorney General of
the United States (with the delegation
not to exceed the maximum delegated to
the United States Attorneys). In 1988,
the Attorney General delegated
$100,000 in settlement authority to the
Secretary. 53 FR 37753, Sept. 28, 1988.
In 1999, VA published a final rule
reflecting that the Attorney General
increased the delegation to $200,000. 64
FR 47111, Aug. 30, 1999. In 2008, the
Attorney General increased the
delegation of settlement authority to
$300,000. 73 FR 70278, Nov. 20, 2008.
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Current § 14.600 does not reflect the
Attorney General’s 2008 delegation or
VA’s determination regarding the
necessary redelegations to Office of the
General Counsel (OGC) personnel. The
purpose of this rulemaking is to update
VA regulations in light of the Attorney
General’s action increasing the amount
of VA’s settlement authority for tort
claims and also to allow for the further
delegation of this authority within OGC
as necessary.
This amendment to 38 CFR
14.600(c)(2) delegates to the General
Counsel, Deputy General Counsel,
Assistant General Counsel (Professional
Staff Group I), or those authorized to act
for them, authority to consider,
ascertain, adjust, determine,
compromise, and settle a claim arising
under the Federal Tort Claims Act;
provided that any award, compromise,
or settlement in excess of $300,000 shall
be effected only with the prior written
approval of the Attorney General or his
or her designee. The amendment also
provides for the execution of a
memorandum explaining the basis for
settlement of a claim in excess of
$100,000 to be sent to the Department
of Justice (DOJ), as required by the
Attorney General’s delegation to the
Secretary.
Authority is also delegated to the
Regional Counsels, or those authorized
to act for them, and to the Deputy
Assistant General Counsel (Professional
Staff Group I) to consider, ascertain,
adjust, determine, compromise, and
settle any claim under the Federal Tort
Claims Act; provided that any award,
compromise, or settlement does not
exceed $150,000; and provided, further,
that whenever a settlement is effected in
an amount in excess of $100,000, a
memorandum fully explaining the basis
for the action taken shall be sent to the
DOJ, as required by the Attorney
General’s delegation to the Secretary.
This rule further amends § 14.600 to
incorporate notes (1), (2), and (3) into
the regulation text. We have determined
that the notes, which prescribe the
requirement for notifying DOJ of the
basis for any settlement of a tort action
under VA’s delegated authority, are
more appropriate for regulation text.
Accordingly, we have amended
§ 14.600(c) and (d) to incorporate the
DOJ notification requirement and delete
the notes.
this amendment merely reflects a
delegation change and makes other nonsubstantive changes, this rule is exempt
from the prior notice-and-comment and
delayed-effective-date requirements of 5
U.S.C. 553.
Administrative Procedure Act
This final rule concerns agency
organization, management, procedure,
or practice, specifically delegation of
authority to employees of the
Department to perform certain acts or
render decisions. Accordingly, because
List of Subjects in 38 CFR Part 14
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Paperwork Reduction Act
This document contains no provisions
constituting a collection of information
under the Paperwork Reduction Act of
1995 (44 U.S.C. 3501–3521).
Executive Order 12866
Because this document is limited to
agency organization and management, it
is not within the definition of
‘‘regulation’’ in section 3(d) of Executive
Order 12866 and therefore not subject to
that Executive Order’s requirements for
regulatory actions.
Regulatory Flexibility Act
The initial and final regulatory
flexibility analysis requirements of
sections 603 and 604 of the Regulatory
Flexibility Act, 5 U.S.C. 601–612, are
not applicable to this rule because a
notice of proposed rulemaking is not
required for this rule. Even so, the
Secretary of Veterans Affairs hereby
certifies that this final rule will not have
a significant economic impact on a
substantial number of small entities as
they are defined in the Regulatory
Flexibility Act. This final rule will not
affect any small entities. Only VA
employees could be directly affected.
Therefore, pursuant to 5 U.S.C. 605(b),
this final rule is exempt from the initial
and final regulatory flexibility analysis
requirements of sections 603 and 604.
Unfunded Mandates
The Unfunded Mandates Reform Act
of 1995, codified at 2 U.S.C. 1532,
requires that agencies prepare an
assessment of anticipated costs and
benefits before issuing any rule that may
result in an expenditure by State, local,
and tribal governments, in the aggregate,
or by the private sector, of $100 million
or more (adjusted annually for inflation)
in any year. This final rule would have
no such effect on State, local, and tribal
governments, or on the private sector.
Catalog of Federal Domestic Assistance
There is no Catalog of Federal
Domestic Assistance number for this
final rule.
Administrative practice and
procedure, Claims, Courts, Foreign
relations, Government employees,
Lawyers, Legal services, Organization
and functions (Government agencies),
Reporting and recordkeeping
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requirements, Surety bonds, Trusts and
trustees, Veterans, and General Counsel.
Approved: December 10, 2009.
John R. Gingrich,
Chief of Staff, Department of Veterans Affairs.
For the reasons stated in the preamble,
the Department of Veterans Affairs
amends 38 CFR part 14 as follows:
■
PART 14—LEGAL SERVICES,
GENERAL COUNSEL, AND
MISCELLANEOUS CLAIMS
1. Revise the authority citation for part
14 to read as follows:
■
Authority: 5 U.S.C. 301; 28 U.S.C. 2671–
2680; 38 U.S.C. 501(a), 512, 515, 5502, 5901–
5905; 28 CFR part 14, appendix to part 14,
unless otherwise noted.
2. Amend § 14.600 by:
a. Revising paragraphs (c)(2), (c)(3),
and (d)(2);
■ b. Removing notes (1), (2), and (3).
The revision reads as follows:
■
■
§ 14.600
Federal Tort Claims Act—general.
*
*
*
*
*
(c) * * *
(2) To the General Counsel, Deputy
General Counsel, and Assistant General
Counsel (Professional Staff Group I) or
those authorized to act for them with
respect to any claim; provided that any
award, compromise, or settlement in
excess of $300,000 shall be effected only
with the prior written approval of the
Attorney General or his or her designee;
provided further that whenever a
settlement is effected in an amount in
excess of $100,000, a memorandum
fully explaining the basis for the action
taken shall be sent to the Department of
Justice.
(3) To the Regional Counsels and the
Deputy Assistant General Counsel
(Professional Staff Group I) or those
authorized to act for them with respect
to any claim, provided that:
(i) Any award, compromise, or
settlement in excess of $150,000 but not
more than $300,000 shall be effected
only with the prior written approval of
the General Counsel, Deputy General
Counsel, or Assistant General Counsel
(Professional Staff Group I); provided
further that whenever a settlement is
effected in an amount in excess of
$100,000, a memorandum fully
explaining the basis for the action taken
shall be sent to the Department of
Justice; and
(ii) Any award where, for any reason,
the compromise of a particular claim, as
a practical matter, will, or may control
the disposition of a related claim in
which the amount to be paid may
exceed $150,000 shall be effected only
with the prior written approval of the
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Federal Register / Vol. 74, No. 242 / Friday, December 18, 2009 / Rules and Regulations
General Counsel, Deputy General
Counsel, or Assistant General Counsel
(Professional Staff Group I); and
(iii) Any award, compromise, or
settlement in excess of $300,000 shall be
effected only with the prior written
approval of the General Counsel, Deputy
General Counsel, or Assistant General
Counsel (Professional Staff Group I) and
with the prior written approval of the
Attorney General or his or her designee.
(d) * * *
(2) To the General Counsel, Deputy
General Counsel, and Assistant General
Counsel (Professional Staff Group I)
with respect to any claim; provided that
any award, compromise, or settlement
in excess of $300,000 shall be effected
only with the prior written approval of
the Attorney General or his or her
designee; provided further that
whenever a settlement is effected in an
amount in excess of $100,000, a
memorandum fully explaining the basis
for the action taken shall be sent to the
Department of Justice.
(Authority: 28 U.S.C. 1291, 1346, 1402, 2401,
2402, 2411, 2412, 2671–80; 38 U.S.C. 512,
515; 28 CFR part 14, appendix to part 14)
[FR Doc. E9–30093 Filed 12–17–09; 8:45 am]
BILLING CODE P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[VA201–5202; FRL–9093–6]
Approval and Promulgation of Air
Quality Implementation Plans; Virginia;
Update to Materials Incorporated by
Reference; Correction
erowe on DSK5CLS3C1PROD with RULES
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Final rule; notice of
administrative change; correcting
amendment.
SUMMARY: This document corrects errors
in the part 52 Identification of Plan
tables for Virginia published on July 13,
2009 which summarizes the applicable
regulatory, source-specific, and nonregulatory requirements which comprise
the current EPA-approved Virginia State
Implementation Plan (SIP).
DATES: Effective Date: This action is
effective December 18, 2009.
ADDRESSES: SIP materials which are
incorporated by reference into 40 CFR
part 52 are available for inspection at
the following locations: Air Protection
Division, U.S. Environmental Protection
Agency, Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103; the
Air and Radiation Docket and
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14:11 Dec 17, 2009
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Information Center, EPA Headquarters
Library, Room Number 3334, EPA West
Building, 1301 Constitution Ave., NW.,
Washington, DC 20460, and the
National Archives and Records
Administration. If you wish to obtain
materials from a docket in the EPA
Headquarters Library, please call the
Office of Air and Radiation (OAR)
Docket/Telephone number: (202) 566–
1742; or the National Archives and
Records Administration (NARA). For
information on the availability of this
material at NARA, call (202) 741–6030,
or go to: https://www.archives.gov/
federal_register/
code_of_federal_regulations/
ibr_locations.html.
FOR FURTHER INFORMATION CONTACT:
Harold A. Frankford, (215) 814–2108 or
by e-mail at frankford.harold@epa.gov.
SUPPLEMENTARY INFORMATION: On July
13, 2009 (74 FR 33332), EPA published
an update of materials submitted by
Virginia that are incorporated by
reference (IBR) into the Virginia State
implementation plan (SIP) as of June 1,
2009. The regulations, source-specific
requirements, and non-regulatory
requirements affected by this update
(summarized in the tables cited as 40
CFR 52.2420(c), (d), and (e)
respectively) had been previously
submitted by the Virginia Department of
Environmental Quality (DEQ) and
approved by EPA. In this update action,
EPA announced the following revisions
to entries listed in the paragraph
52.2420(c), (d) and (e) tables:
• Correction of typographical errors
to the text and the dates published in
these tables.
• Removal of the quotation marks
from the terms listed in the
‘‘Explanation [former SIP section]’’
column.
• Removal of entries 5–80–1835,
5–80–1845, and 5–80–1855, from the
paragraph (c) table, since they are
designated as ‘‘reserved,’’ and contain
no text that is incorporated by reference.
• Correction of the date format in the
paragraph (c), (d) and (e) tables so that
there were no placeholder zeros in the
month or day (e.g., the date format
would be 1/1/08, not 01/01/08).
However, the tables cited as 40 CFR
52.2420(c) through (e), and published
on pages 33334 through 33364, still
contained entries that did not reflect the
described revisions. This action corrects
those tables in 40 CFR 52.2420(c)
through (e), as described herein:
1. Page 33334—a. Entry 5–10–20—in
the ‘‘Explanation [former SIP citation]’’
column, remove the quotation marks
from ‘‘volatile organic compound.’’
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67077
b. Entries 5–20–203 and 5–20–204—
revise the date in the ‘‘State effective
date’’ column from ‘‘7/29/08’’ to
‘‘12/12/07.’’
2. Page 33335—a. Entries 5–20–205—
revise the date format in the ‘‘State
effective date’’ column from ‘‘01/01/98,’’
‘‘04/01/98,’’ ‘‘01/01/99,’’ and ‘‘08/25/
04’’ to ‘‘1/1/98,’’ ‘‘4/1/98,’’ ‘‘1/1/99’’ and
‘‘8/25/04,’’ respectively.
b. Entry 5–20–206—revise the date
format in the ‘‘State effective date’’
column from ‘‘10/04/06’’ to ‘‘10/4/06.’’
3. Page 33338—a. The first entry for
5–40–1670, in the ‘‘Title/subject’’
column, capitalize the first word in each
listed definition.
b. Entries 5–40–1670 (second entry),
and 5–40–1750—revise the date format
in the ‘‘State effective date’’ column
from ‘‘4/01/99’’ to ‘‘4/1/99.’’
4. Page 33339—Entry 5–40–1810—
revise the date format in the ‘‘State
effective date’’ column from ‘‘4/01/99’’
to ‘‘4/1/99.’’
5. Page 33345—a. Entry 5–40–5610—
in the ‘‘Explanation [former SIP
citation]’’ column, move the term ‘‘clean
wood’’ from list of ‘‘terms added’’ to the
list of ‘‘terms revised.’’
b. Remove the first entry for 5–40–
5700 from the table in paragraph (c).
6. Page 33347—Entry 5–40–7810—in
the ‘‘Title/subject’’ column, capitalize
the first word in each listed definition.
7. Page 33350—Remove ‘‘reserved’’
entries 5–80–1835, 5–80–1845 and 5–
80–1855 from the table in paragraph (c).
8. Page 33355—Entry 5–140–1150—
restore the EPA approval date and page
citation (12/28/07, 72 FR 73602) in the
‘‘EPA approval date’’ column.
9. Page 33356—Entry 5–140–1800—
restore the State effective date and the
EPA approval date and page citation in
the ‘‘State effective date’’ and ‘‘EPA
approval date’’ columns, respectively.
10. Pages 33361 and 33362—Revise
the date format in the ‘‘EPA approval
date’’ column from ‘‘1/02/01’’ to ‘‘1/2/
01’’ for the following entries in the
paragraph (d) table:
Cellofoam North America, Inc.—Falmouth
Plant [Consent Agreement].
CNG Transmission Corporation—Leesburg
Compressor Station [Permit to Operate].
Columbia Gas Transmission Company—
Loudoun County Compressor Station [Permit
to Operate].
District of Columbia’s Department of
Corrections—Lorton Correctional Facility
[Permit to Operate].
Michigan Cogeneration Systems, Inc.—
Fairfax County I–95 Landfill [Permit to
Operate]. Metropolitan Washington Airports
Authority—Ronald Reagan Washington
National Airport [Permit to Operate].
Noman M. Cole, Jr., Pollution Control Plant
[Consent Agreement].
Ogden Martin Systems of Alexandria/
Arlington, Inc. [Consent Agreement].
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]]>Agencies
[Federal Register Volume 74, Number 242 (Friday, December 18, 2009)]
[Rules and Regulations]
[Pages 67075-67077]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-30093]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF VETERANS AFFAIRS
38 CFR Part 14
RIN 2900-AN44
Federal Tort Claim Delegation
AGENCY: Department of Veterans Affairs.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This document amends the Department of Veterans Affairs (VA)
regulations concerning delegation of authority to the Secretary of
Veterans Affairs to consider, ascertain, adjust, determine, compromise,
and settle claims under the Federal Tort Claims Act where the amount of
settlement does not exceed $300,000, and the Secretary's redelegation
of such authority to certain personnel within the Office of the General
Counsel. The amendments will facilitate the timely processing of claims
under the Federal Tort Claims Act by expanding VA's settlement
authority and clarifying the delegation of such authority within the
Department.
DATES: Effective Date: December 18, 2009.
FOR FURTHER INFORMATION CONTACT: E. Douglas Bradshaw, Jr., Assistant
General Counsel (021), Department of Veterans Affairs, 810 Vermont
Avenue, NW., Washington, DC 20420, (202) 461-4900. (This is not a toll-
free number.)
SUPPLEMENTARY INFORMATION: Section 203 of the Veterans Benefits and
Services Act of 1988 (Pub. L. 100-322) added former section 223 to
title 38, United States Code (recodified in 1991 as 38 U.S.C. 515),
permitting the Secretary of Veterans Affairs to settle tort claims not
exceeding an amount to be delegated by the Attorney General of the
United States (with the delegation not to exceed the maximum delegated
to the United States Attorneys). In 1988, the Attorney General
delegated $100,000 in settlement authority to the Secretary. 53 FR
37753, Sept. 28, 1988. In 1999, VA published a final rule reflecting
that the Attorney General increased the delegation to $200,000. 64 FR
47111, Aug. 30, 1999. In 2008, the Attorney General increased the
delegation of settlement authority to $300,000. 73 FR 70278, Nov. 20,
2008.
[[Page 67076]]
Current Sec. 14.600 does not reflect the Attorney General's 2008
delegation or VA's determination regarding the necessary redelegations
to Office of the General Counsel (OGC) personnel. The purpose of this
rulemaking is to update VA regulations in light of the Attorney
General's action increasing the amount of VA's settlement authority for
tort claims and also to allow for the further delegation of this
authority within OGC as necessary.
This amendment to 38 CFR 14.600(c)(2) delegates to the General
Counsel, Deputy General Counsel, Assistant General Counsel
(Professional Staff Group I), or those authorized to act for them,
authority to consider, ascertain, adjust, determine, compromise, and
settle a claim arising under the Federal Tort Claims Act; provided that
any award, compromise, or settlement in excess of $300,000 shall be
effected only with the prior written approval of the Attorney General
or his or her designee. The amendment also provides for the execution
of a memorandum explaining the basis for settlement of a claim in
excess of $100,000 to be sent to the Department of Justice (DOJ), as
required by the Attorney General's delegation to the Secretary.
Authority is also delegated to the Regional Counsels, or those
authorized to act for them, and to the Deputy Assistant General Counsel
(Professional Staff Group I) to consider, ascertain, adjust, determine,
compromise, and settle any claim under the Federal Tort Claims Act;
provided that any award, compromise, or settlement does not exceed
$150,000; and provided, further, that whenever a settlement is effected
in an amount in excess of $100,000, a memorandum fully explaining the
basis for the action taken shall be sent to the DOJ, as required by the
Attorney General's delegation to the Secretary.
This rule further amends Sec. 14.600 to incorporate notes (1),
(2), and (3) into the regulation text. We have determined that the
notes, which prescribe the requirement for notifying DOJ of the basis
for any settlement of a tort action under VA's delegated authority, are
more appropriate for regulation text. Accordingly, we have amended
Sec. 14.600(c) and (d) to incorporate the DOJ notification requirement
and delete the notes.
Administrative Procedure Act
This final rule concerns agency organization, management,
procedure, or practice, specifically delegation of authority to
employees of the Department to perform certain acts or render
decisions. Accordingly, because this amendment merely reflects a
delegation change and makes other non-substantive changes, this rule is
exempt from the prior notice-and-comment and delayed-effective-date
requirements of 5 U.S.C. 553.
Paperwork Reduction Act
This document contains no provisions constituting a collection of
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3521).
Executive Order 12866
Because this document is limited to agency organization and
management, it is not within the definition of ``regulation'' in
section 3(d) of Executive Order 12866 and therefore not subject to that
Executive Order's requirements for regulatory actions.
Regulatory Flexibility Act
The initial and final regulatory flexibility analysis requirements
of sections 603 and 604 of the Regulatory Flexibility Act, 5 U.S.C.
601-612, are not applicable to this rule because a notice of proposed
rulemaking is not required for this rule. Even so, the Secretary of
Veterans Affairs hereby certifies that this final rule will not have a
significant economic impact on a substantial number of small entities
as they are defined in the Regulatory Flexibility Act. This final rule
will not affect any small entities. Only VA employees could be directly
affected. Therefore, pursuant to 5 U.S.C. 605(b), this final rule is
exempt from the initial and final regulatory flexibility analysis
requirements of sections 603 and 604.
Unfunded Mandates
The Unfunded Mandates Reform Act of 1995, codified at 2 U.S.C.
1532, requires that agencies prepare an assessment of anticipated costs
and benefits before issuing any rule that may result in an expenditure
by State, local, and tribal governments, in the aggregate, or by the
private sector, of $100 million or more (adjusted annually for
inflation) in any year. This final rule would have no such effect on
State, local, and tribal governments, or on the private sector.
Catalog of Federal Domestic Assistance
There is no Catalog of Federal Domestic Assistance number for this
final rule.
List of Subjects in 38 CFR Part 14
Administrative practice and procedure, Claims, Courts, Foreign
relations, Government employees, Lawyers, Legal services, Organization
and functions (Government agencies), Reporting and recordkeeping
requirements, Surety bonds, Trusts and trustees, Veterans, and General
Counsel.
Approved: December 10, 2009.
John R. Gingrich,
Chief of Staff, Department of Veterans Affairs.
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For the reasons stated in the preamble, the Department of Veterans
Affairs amends 38 CFR part 14 as follows:
PART 14--LEGAL SERVICES, GENERAL COUNSEL, AND MISCELLANEOUS CLAIMS
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1. Revise the authority citation for part 14 to read as follows:
Authority: 5 U.S.C. 301; 28 U.S.C. 2671-2680; 38 U.S.C. 501(a),
512, 515, 5502, 5901-5905; 28 CFR part 14, appendix to part 14,
unless otherwise noted.
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2. Amend Sec. 14.600 by:
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a. Revising paragraphs (c)(2), (c)(3), and (d)(2);
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b. Removing notes (1), (2), and (3).
The revision reads as follows:
Sec. 14.600 Federal Tort Claims Act--general.
* * * * *
(c) * * *
(2) To the General Counsel, Deputy General Counsel, and Assistant
General Counsel (Professional Staff Group I) or those authorized to act
for them with respect to any claim; provided that any award,
compromise, or settlement in excess of $300,000 shall be effected only
with the prior written approval of the Attorney General or his or her
designee; provided further that whenever a settlement is effected in an
amount in excess of $100,000, a memorandum fully explaining the basis
for the action taken shall be sent to the Department of Justice.
(3) To the Regional Counsels and the Deputy Assistant General
Counsel (Professional Staff Group I) or those authorized to act for
them with respect to any claim, provided that:
(i) Any award, compromise, or settlement in excess of $150,000 but
not more than $300,000 shall be effected only with the prior written
approval of the General Counsel, Deputy General Counsel, or Assistant
General Counsel (Professional Staff Group I); provided further that
whenever a settlement is effected in an amount in excess of $100,000, a
memorandum fully explaining the basis for the action taken shall be
sent to the Department of Justice; and
(ii) Any award where, for any reason, the compromise of a
particular claim, as a practical matter, will, or may control the
disposition of a related claim in which the amount to be paid may
exceed $150,000 shall be effected only with the prior written approval
of the
[[Page 67077]]
General Counsel, Deputy General Counsel, or Assistant General Counsel
(Professional Staff Group I); and
(iii) Any award, compromise, or settlement in excess of $300,000
shall be effected only with the prior written approval of the General
Counsel, Deputy General Counsel, or Assistant General Counsel
(Professional Staff Group I) and with the prior written approval of the
Attorney General or his or her designee.
(d) * * *
(2) To the General Counsel, Deputy General Counsel, and Assistant
General Counsel (Professional Staff Group I) with respect to any claim;
provided that any award, compromise, or settlement in excess of
$300,000 shall be effected only with the prior written approval of the
Attorney General or his or her designee; provided further that whenever
a settlement is effected in an amount in excess of $100,000, a
memorandum fully explaining the basis for the action taken shall be
sent to the Department of Justice.
(Authority: 28 U.S.C. 1291, 1346, 1402, 2401, 2402, 2411, 2412,
2671-80; 38 U.S.C. 512, 515; 28 CFR part 14, appendix to part 14)
[FR Doc. E9-30093 Filed 12-17-09; 8:45 am]
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