Authorization To Redelegate Settlement Authority for Claims Submitted Under the Federal Tort Claims Act, 26181-26183 [2012-10641]
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Federal Register / Vol. 77, No. 86 / Thursday, May 3, 2012 / Rules and Regulations
proceeds from the refinancing of
indebtedness or additional mortgages
that are in excess of qualifying building
costs are not considered cash available
for distribution.
(iii) Anti-abuse rule. The
Commissioner will interpret and apply
the rules in this paragraph (c)(6) as
necessary and appropriate to prevent
manipulation of the qualified contract
amount. For example, cash distributions
include payments to owners or persons
whose relation to owners is described in
section 267(b) or section 707(b) for any
operating expenses in excess of amounts
reasonable under the circumstances.
(d) Administrative discretion and
responsibilities of the Agency—(1) In
general. An Agency may exercise
administrative discretion in evaluating
and acting upon an owner’s request to
find a buyer to acquire the building. An
Agency may establish reasonable
requirements for written requests and
may determine whether failure to follow
one or more applicable requirements
automatically prevents a purported
written request from beginning the oneyear period described in section
42(h)(6)(I). If the one-year-period has
already begun, the Agency may
determine whether failure to follow one
or more requirements suspends the
running of that period. Examples of
Agency administrative discretion
include, but are not limited to, the
following:
(i) Concluding that the owner’s
request lacks essential information and
denying the request until such
information is provided.
(ii) Refusing to consider an owner’s
representations without substantiating
documentation verified with the
Agency’s records.
(iii) Determining how many, if any,
subsequent requests to find a buyer may
be submitted if the owner has
previously submitted a request for a
qualified contract and then rejected or
failed to act upon a qualified contract
presented by the Agency.
(iv) Assessing and charging the owner
certain administrative fees for the
performance of services in obtaining a
qualified contract (for example, real
estate appraiser costs).
(v) Requiring all appraisers involved
in the qualified contract process to be
State certified general appraisers that
are acceptable to the Agency.
(vi) Specifying other conditions
applicable to the qualified contract
consistent with section 42 and this
section.
(2) Actual offer. Upon receipt of a
written request from the owner to find
a person to acquire the building, the
Agency must offer the building for sale
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to the general public, based on
reasonable efforts, at the determined
qualified contract amount in order for
the qualified contract to satisfy the
requirements of this section unless the
Agency has already identified a willing
buyer who submitted a qualified
contract to purchase the project.
(3) Debarment of certain appraisers.
Agencies shall not utilize any
individual or organization as an
appraiser if that individual or
organization is currently on any list for
active suspension or revocation for
performing appraisals in any State or is
listed on the Excluded Parties Lists
System (EPLS) maintained by the
General Services Administration for the
United States Government found at
www.epls.gov.
(e) Effective date/applicability date.
These regulations are applicable to
owner requests to housing credit
agencies on or after May 3, 2012 to
obtain a qualified contract for the
acquisition of a low-income housing
credit building.
PART 602—OMB CONTROL NUMBERS
UNDER THE PAPERWORK
REDUCTION ACT
Par. 3. The authority citation for part
602 continues to read as follows:
■
Authority: 26 U.S.C. 7805.
Par. 4. In § 602.101, paragraph (b) is
amended by adding an entry to the table
in numerical order to read, in part, as
follows:
■
§ 602.101
*
OMB Control numbers.
*
*
(b) * * *
*
*
CFR part or section where
identified and described
*
*
*
1.42–18 .................................
*
*
*
Current OMB
control No.
*
*
1545–2088
*
*
Steven T. Miller,
Deputy Commissioner for Services and
Enforcement.
Approved: April 24, 2012.
Emily S. McMahon,
Acting Assistant Secretary of the Treasury
(Tax Policy).
[FR Doc. 2012–10638 Filed 5–2–12; 8:45 am]
BILLING CODE 4830–01–P
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26181
DEPARTMENT OF JUSTICE
28 CFR Part 0
[CIV Docket No. 152; AG Order No. 3330–
2012]
Authorization To Redelegate
Settlement Authority for Claims
Submitted Under the Federal Tort
Claims Act
Department of Justice.
Final rule.
AGENCY:
ACTION:
The Department of Justice is
amending its internal organizational
regulations to clarify the authority of the
respective agency heads of the Bureau of
Prisons, the Federal Prison Industries,
the United States Marshals Service, the
Drug Enforcement Administration, the
Federal Bureau of Investigation, and the
Bureau of Alcohol, Tobacco, Firearms,
and Explosives to settle claims under
the Federal Tort Claims Act.
DATES: This rule is effective June 4,
2012.
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
Phyllis J. Pyles, Director, Torts Branch,
Civil Division, Department of Justice,
1331 Pennsylvania Avenue NW.,
Washington, DC 20004; telephone: 202–
616–4400.
SUPPLEMENTARY INFORMATION:
Background
The Federal Tort Claims Act (FTCA),
28 U.S.C. 1346(b), 2671–2680, provides
a remedy for injury or loss of property,
or personal injury or death caused by
the negligent or wrongful act or
omission of any employee of the
Government while acting within the
scope of his office or employment,
under circumstances where the United
States, if a private person, would be
liable to the claimant in accordance
with the law of the place where the act
or omission occurred. Prior to filing
suit, a claimant must file an
administrative tort claim with the
appropriate agency. 28 U.S.C. 2675.
Pursuant to 28 U.S.C. 2672, the head of
each Federal agency or his designee, in
accordance with regulations prescribed
by the Attorney General, may consider,
ascertain, adjust, determine,
compromise, and settle FTCA claims.
In the present organizational
regulations of the Department of Justice,
the Attorney General delegated his
authority to settle FTCA claims for
amounts of $50,000 or less to the
Director of the Bureau of Prisons, the
Commissioner of Federal Prison
Industries, the Commissioner of the
Immigration and Naturalization Service
(INS), the Director of the United States
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26182
Federal Register / Vol. 77, No. 86 / Thursday, May 3, 2012 / Rules and Regulations
Marshals Service, and the Administrator
of the Drug Enforcement Administration
(28 CFR 0.172), and to the Director of
the Federal Bureau of Investigation (FBI)
(28 CFR 0.89a) and the Director of the
Bureau of Alcohol, Tobacco, Firearms,
and Explosives (ATF) (28 CFR 0.132).
The Director of the FBI is further
authorized to redelegate this authority
to the FBI General Counsel or his
designee within the Office of the
General Counsel or to the primary legal
advisers of the FBI field offices.
This rule amends §§ 0.89a, 0.132, and
0.172 in order to ensure conformity
across the different components of the
Department of Justice, to update agency
references, and to clarify the scope of
the delegated FTCA settlement
authority. In addition, the FTCA
settlement authority of the Director of
the FBI, currently contained in § 0.89a,
and of the Director of ATF, currently
contained in § 0.132, are being
transferred by this rule to § 0.172, where
the FTCA settlement authority of the
other specified Department component
heads is located.
Section 0.172 is being amended to
remove a reference to the Commissioner
of the INS. Pursuant to the Homeland
Security Act of 2002, the functions of
the former INS were transferred to the
Department of Homeland Security.
Section 0.172 also is being amended to
clarify that the approval of the Assistant
Attorney General in charge of the Civil
Division will be required if two or more
claims arise from the same subject
matter and the aggregate amount of the
settlement would exceed $50,000. In
addition, § 0.172 is being amended to
clarify when proposed settlements,
regardless of amount, should be referred
to the Assistant Attorney General in
charge of the Civil Division. In
particular, § 0.172 is being amended to
require the referral of settlements to the
Assistant Attorney General in charge of
the Civil Division or his delegee, if the
settlement, as a practical matter, would
or may control or adversely influence
the disposition of other claims and the
total settlement value of all claims
would or may exceed $50,000; or if, in
the opinion of the head of the referring
component, the settlement presents a
question of law or policy or other issue
that should receive the personal
attention of the Assistant Attorney
General or his delegee. Section 0.172
also is being amended to more closely
conform to the language contained in 28
U.S.C. 2672 by clarifying that the
Attorney General’s delegees have the
authority to consider or ascertain claims
involving their respective agencies, in
addition to their authority to adjust,
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determine, compromise, and settle such
claims.
Finally, § 0.132 is being amended to
allow the Director of ATF to delegate
this authority under § 0.172 to the
agency’s Chief Counsel and to allow the
Chief Counsel to redelegate this
authority to attorneys within the Office
of Chief Counsel, but not below the
Associate Chief Counsel level, provided
that the settlement of any one claim
does not exceed $50,000. Without this
provision for delegation and
redelegation, the ATF Director must
personally approve all submitted FTCA
claims, regardless of size or merit. This
rule provides flexibility to the Director
of ATF and is consistent with the
redelegation authority of the FBI
Director under current § 0.89a(c) (which
is being redesignated by this rule as
§ 0.89a(b)). With this flexibility, the ATF
can more efficiently process FTCA
claims.
The Attorney General believes that
consolidating under § 0.172 the
authority of heads of certain
components within the Department of
Justice to settle FTCA claims and
ensuring uniform language across
§§ 0.89a, 0.132, and 0.172 that is
consistent with 28 U.S.C. 2672 will
facilitate more consistent treatment of
these claims.
Administrative Procedure Act (APA)
Notice and comment rulemaking is
not required for this final rule. Under
the APA, ‘‘rules of agency organization,
procedure or practice,’’ 5 U.S.C.
553(b)(A), that do not ‘‘affect[]
individual rights and obligations,’’
Morton v. Ruiz, 415 U.S. 199, 232
(1974), are exempt from the general
notice and comment requirements of
section 553. See JEM Broad. Co. v. FCC,
22 F.3d 320, 326 (D.C. Cir. 1994)
(holding that the procedural exception
applies to ‘‘agency actions that do not
themselves alter the rights or interests of
parties, although [they] may alter the
manner in which the parties present
themselves or their viewpoints to the
agency’’ (quoting Batterton v. Marshall,
648 F.2d 694, 707 (D.C. Cir. 1980)
(internal quotation marks omitted)). The
revision to 28 CFR 0.89a, 0.132, and
0.172 is purely a matter of agency
organization, procedure, and practice.
The final rule will not affect substantive
rights or interests of persons presenting
their FTCA claims to the relevant
agencies of the Department of Justice.
Regulatory Flexibility Act
The Attorney General, in accordance
with the Regulatory Flexibility Act, 5
U.S.C. 605(b), has reviewed this rule
and, by approving it, certifies that it will
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not have a significant economic impact
on a substantial number of small entities
because it pertains to personnel and
administrative matters affecting the
Department. Further, a Regulatory
Flexibility Analysis is not required for
this final rule because the Department
was not required to publish a general
notice of proposed rulemaking for this
matter.
Executive Orders 12866 and 13563—
Regulatory Review
This rule has been drafted and
reviewed in accordance with Executive
Order 12866, Regulatory Planning and
Review, section 1(b), Principles of
Regulation, and in accordance with
Executive Order 13563, Improving
Regulation and Regulatory Review,
section 1(b), General Principles of
Regulation. This rule is limited to
agency organization, management, or
personnel matters as described by
Executive Order 12866, section 3(d)(3),
and therefore is not a ‘‘regulation’’ or
‘‘rule’’ as defined by Executive Order
12866. Executive Order 13563
emphasizes the importance of
quantifying both costs and benefits, of
reducing costs, of harmonizing rules,
and of promoting flexibility. The
Department has assessed the costs and
benefits of this rule and believes that the
regulatory approach selected maximizes
net benefits.
Executive Order 12988
This regulation meets the applicable
standards set forth in sections 3(a) and
3(b)(2) of Executive Order 12988, Civil
Justice Reform.
Executive Order 13132
This rule 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. Therefore, in
accordance with Executive Order 13132,
Federalism, the Department has
determined that this rule does not have
sufficient federalism implications to
warrant the preparation of a federalism
summary impact statement.
Unfunded Mandates Reform Act of 1995
This rule will not result in the
expenditure by State, local, and tribal
governments, in the aggregate, or by the
private sector, of $100 million or more
in any one year, and it will not
significantly or uniquely affect small
governments. Therefore, no actions are
necessary under the provisions of the
Unfunded Mandates Reform Act of
1995, 2 U.S.C. 1501 et seq.
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Federal Register / Vol. 77, No. 86 / Thursday, May 3, 2012 / Rules and Regulations
Small Business Regulatory Enforcement
Fairness Act of 1996
This rule is not a major rule as
defined by section 251 of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (SBREFA), 5 U.S.C.
804. This rule will not result in an
annual effect on the economy of $100
million or more; a major increase in
costs or prices; or significant adverse
effects on competition, employment,
investment, productivity, innovation, or
the ability of United States-based
enterprises to compete with foreignbased enterprises in domestic and
export markets.
§ 0.132
[Amended]
3. Section 0.132 is amended by—
a. Removing paragraph (a);
b. Redesignating paragraphs (b) and
(c) as paragraphs (a) and (b),
respectively;
■ c. Adding a comma after the word
‘‘personnel’’ in newly redesignated
paragraph (a); and
■ d. Removing the words ‘‘in paragraph
(b) of this section’’ from newly
redesignated paragraph (b) and adding
in their place the words ‘‘by paragraph
(a) of this section and by 28 CFR 0.172’’.
■ 4. Section 0.172 is revised to read as
follows:
■
■
■
Congressional Review Act
§ 0.172
This action pertains to agency
management, personnel, and
organization and does not substantially
affect the rights or obligations of nonagency parties. Accordingly, it is not a
‘‘rule’’ for purposes of the reporting
requirement of 5 U.S.C. 801.
(a) Delegation of authority. Subject to
the limitations set forth in paragraph (b)
of this section, the Director of the
Bureau of Prisons, the Commissioner of
Federal Prison Industries, the Director
of the United States Marshals Service,
the Administrator of the Drug
Enforcement Administration, the
Director of the Federal Bureau of
Investigation, and the Director of the
Bureau of Alcohol, Tobacco, Firearms,
and Explosives shall have authority
under section 2672 of title 28, United
States Code, relating to the
administrative settlement of Federal tort
claims, to consider, ascertain, adjust,
determine, compromise, and settle any
claim involving their respective
components, provided that any award,
compromise, or settlement shall not
exceed $50,000.
(b) Limitations on authority. Any
proposed award, compromise, or
settlement under section 2672 of title
28, United States Code, must be referred
to the Assistant Attorney General in
charge of the Civil Division, or his
delegee, when—
(1) Because a significant question of
law or policy is presented, or for any
other reason, the head of the referring
component is of the opinion that the
proposed award, compromise, or
settlement should receive the personal
attention of the Assistant Attorney
General or his delegee;
(2) Two or more claims arise from the
same subject matter and the total
amount of any award, compromise, or
settlement of all claims will or may
exceed $50,000; or
(3) The award, compromise, or
settlement of a particular claim, as a
practical matter, will or may control or
adversely influence the disposition of
other claims and the total settlement
value of all claims will or may exceed
$50,000.
(c) Subject to the provisions of
§ 0.160, the Assistant Attorney General
List of Subjects in 28 CFR Part 0
Authority delegations (Government
agencies), Government employees,
Organization and functions
(Government agencies), Privacy,
Reporting and recordkeeping
requirements, Whistleblowing.
Authority and Issuance
Accordingly, by virtue of the
authority vested in me as Attorney
General, including 5 U.S.C. 301, and 28
U.S.C. 509, 510, and for the reasons set
forth in the preamble, part 0 of title 28
of the Code of Federal Regulations is
amended as follows:
PART 0—ORGANIZATION OF THE
DEPARTMENT OF JUSTICE
1. The authority citation for 28 CFR
Part 0 continues to read as follows:
■
Authority: 5 U.S.C. 301; 28 U.S.C. 509,
510, 515–519.
§ 0.89a
[Amended]
2. Section 0.89a is amended by—
a. Removing paragraph (a);
b. Redesignating paragraphs (b) and
(c) as paragraphs (a) and (b),
respectively;
■ c. Removing the word ‘‘further’’ from
newly redesignated paragraph (a);
■ d. Adding a comma after the
parenthetical ‘‘(31 U.S.C. 3274)’’ in
newly redesignated paragraph (a); and
■ e. Removing the words ‘‘by
paragraphs (a) and (b) of this section’’
from newly redesignated paragraph (b)
and adding in their place the words ‘‘by
paragraph (a) of this section and by 28
CFR 0.172’’.
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■
■
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Authority: Federal tort claims.
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26183
in charge of the Civil Division shall
have authority to consider, ascertain,
adjust, determine, compromise, and
settle any other claim involving the
Department under section 2672, of title
28, U.S. Code, relating to the
administrative settlement of Federal tort
claims.
Dated: April 27, 2012.
Eric H. Holder, Jr.,
Attorney General.
[FR Doc. 2012–10641 Filed 5–2–12; 8:45 am]
BILLING CODE 4410–12–P
DEPARTMENT OF VETERANS
AFFAIRS
38 CFR Part 51
RIN 2900–AO02
Technical Revisions To Update
Reference to the Required Assessment
Tool for State Nursing Homes
Receiving Per Diem Payments From
VA
Department of Veterans Affairs.
Final rule.
AGENCY:
ACTION:
This rule updates the
reference to the required resident
assessment tool for State homes that
receive per diem from VA for providing
nursing home care to veterans. It
requires State nursing homes receiving
per diem from VA to use the most recent
version of the Centers for Medicare and
Medicaid Services (CMS) Resident
Assessment Instrument/Minimum Data
Set (MDS), which is version 3.0. This
will ensure that the standard used to
assess veterans is the same as the
standard applicable to Medicare and
Medicaid beneficiaries.
DATES: This final rule is effective June
4, 2012.
FOR FURTHER INFORMATION CONTACT:
Nancy Quest, Director, Home and
Community Based Services, Geriatrics
and Extended Care Services (10P4G),
Veterans Health Administration,
Department of Veterans Affairs, 810
Vermont Avenue NW., Washington, DC
20420, (202) 461–6064. (This is not a
toll free number.)
SUPPLEMENTARY INFORMATION: This
document adopts as a final rule without
change a proposed rule amending the
Department of Veterans Affairs (VA)
regulations. On November 10, 2011, VA
published in the Federal Register (76
FR 70076) a proposal to amend VA
regulations to update the reference to
the required resident assessment tool for
State homes providing nursing home
care, CMS Resident Assessment
SUMMARY:
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]]>Agencies
[Federal Register Volume 77, Number 86 (Thursday, May 3, 2012)]
[Rules and Regulations]
[Pages 26181-26183]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-10641]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF JUSTICE
28 CFR Part 0
[CIV Docket No. 152; AG Order No. 3330-2012]
Authorization To Redelegate Settlement Authority for Claims
Submitted Under the Federal Tort Claims Act
AGENCY: Department of Justice.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Department of Justice is amending its internal
organizational regulations to clarify the authority of the respective
agency heads of the Bureau of Prisons, the Federal Prison Industries,
the United States Marshals Service, the Drug Enforcement
Administration, the Federal Bureau of Investigation, and the Bureau of
Alcohol, Tobacco, Firearms, and Explosives to settle claims under the
Federal Tort Claims Act.
DATES: This rule is effective June 4, 2012.
FOR FURTHER INFORMATION CONTACT: Phyllis J. Pyles, Director, Torts
Branch, Civil Division, Department of Justice, 1331 Pennsylvania Avenue
NW., Washington, DC 20004; telephone: 202-616-4400.
SUPPLEMENTARY INFORMATION:
Background
The Federal Tort Claims Act (FTCA), 28 U.S.C. 1346(b), 2671-2680,
provides a remedy for injury or loss of property, or personal injury or
death caused by the negligent or wrongful act or omission of any
employee of the Government while acting within the scope of his office
or employment, under circumstances where the United States, if a
private person, would be liable to the claimant in accordance with the
law of the place where the act or omission occurred. Prior to filing
suit, a claimant must file an administrative tort claim with the
appropriate agency. 28 U.S.C. 2675. Pursuant to 28 U.S.C. 2672, the
head of each Federal agency or his designee, in accordance with
regulations prescribed by the Attorney General, may consider,
ascertain, adjust, determine, compromise, and settle FTCA claims.
In the present organizational regulations of the Department of
Justice, the Attorney General delegated his authority to settle FTCA
claims for amounts of $50,000 or less to the Director of the Bureau of
Prisons, the Commissioner of Federal Prison Industries, the
Commissioner of the Immigration and Naturalization Service (INS), the
Director of the United States
[[Page 26182]]
Marshals Service, and the Administrator of the Drug Enforcement
Administration (28 CFR 0.172), and to the Director of the Federal
Bureau of Investigation (FBI) (28 CFR 0.89a) and the Director of the
Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) (28 CFR
0.132). The Director of the FBI is further authorized to redelegate
this authority to the FBI General Counsel or his designee within the
Office of the General Counsel or to the primary legal advisers of the
FBI field offices.
This rule amends Sec. Sec. 0.89a, 0.132, and 0.172 in order to
ensure conformity across the different components of the Department of
Justice, to update agency references, and to clarify the scope of the
delegated FTCA settlement authority. In addition, the FTCA settlement
authority of the Director of the FBI, currently contained in Sec.
0.89a, and of the Director of ATF, currently contained in Sec. 0.132,
are being transferred by this rule to Sec. 0.172, where the FTCA
settlement authority of the other specified Department component heads
is located.
Section 0.172 is being amended to remove a reference to the
Commissioner of the INS. Pursuant to the Homeland Security Act of 2002,
the functions of the former INS were transferred to the Department of
Homeland Security. Section 0.172 also is being amended to clarify that
the approval of the Assistant Attorney General in charge of the Civil
Division will be required if two or more claims arise from the same
subject matter and the aggregate amount of the settlement would exceed
$50,000. In addition, Sec. 0.172 is being amended to clarify when
proposed settlements, regardless of amount, should be referred to the
Assistant Attorney General in charge of the Civil Division. In
particular, Sec. 0.172 is being amended to require the referral of
settlements to the Assistant Attorney General in charge of the Civil
Division or his delegee, if the settlement, as a practical matter,
would or may control or adversely influence the disposition of other
claims and the total settlement value of all claims would or may exceed
$50,000; or if, in the opinion of the head of the referring component,
the settlement presents a question of law or policy or other issue that
should receive the personal attention of the Assistant Attorney General
or his delegee. Section 0.172 also is being amended to more closely
conform to the language contained in 28 U.S.C. 2672 by clarifying that
the Attorney General's delegees have the authority to consider or
ascertain claims involving their respective agencies, in addition to
their authority to adjust, determine, compromise, and settle such
claims.
Finally, Sec. 0.132 is being amended to allow the Director of ATF
to delegate this authority under Sec. 0.172 to the agency's Chief
Counsel and to allow the Chief Counsel to redelegate this authority to
attorneys within the Office of Chief Counsel, but not below the
Associate Chief Counsel level, provided that the settlement of any one
claim does not exceed $50,000. Without this provision for delegation
and redelegation, the ATF Director must personally approve all
submitted FTCA claims, regardless of size or merit. This rule provides
flexibility to the Director of ATF and is consistent with the
redelegation authority of the FBI Director under current Sec. 0.89a(c)
(which is being redesignated by this rule as Sec. 0.89a(b)). With this
flexibility, the ATF can more efficiently process FTCA claims.
The Attorney General believes that consolidating under Sec. 0.172
the authority of heads of certain components within the Department of
Justice to settle FTCA claims and ensuring uniform language across
Sec. Sec. 0.89a, 0.132, and 0.172 that is consistent with 28 U.S.C.
2672 will facilitate more consistent treatment of these claims.
Administrative Procedure Act (APA)
Notice and comment rulemaking is not required for this final rule.
Under the APA, ``rules of agency organization, procedure or practice,''
5 U.S.C. 553(b)(A), that do not ``affect[] individual rights and
obligations,'' Morton v. Ruiz, 415 U.S. 199, 232 (1974), are exempt
from the general notice and comment requirements of section 553. See
JEM Broad. Co. v. FCC, 22 F.3d 320, 326 (D.C. Cir. 1994) (holding that
the procedural exception applies to ``agency actions that do not
themselves alter the rights or interests of parties, although [they]
may alter the manner in which the parties present themselves or their
viewpoints to the agency'' (quoting Batterton v. Marshall, 648 F.2d
694, 707 (D.C. Cir. 1980) (internal quotation marks omitted)). The
revision to 28 CFR 0.89a, 0.132, and 0.172 is purely a matter of agency
organization, procedure, and practice. The final rule will not affect
substantive rights or interests of persons presenting their FTCA claims
to the relevant agencies of the Department of Justice.
Regulatory Flexibility Act
The Attorney General, in accordance with the Regulatory Flexibility
Act, 5 U.S.C. 605(b), has reviewed this rule and, by approving it,
certifies that it will not have a significant economic impact on a
substantial number of small entities because it pertains to personnel
and administrative matters affecting the Department. Further, a
Regulatory Flexibility Analysis is not required for this final rule
because the Department was not required to publish a general notice of
proposed rulemaking for this matter.
Executive Orders 12866 and 13563--Regulatory Review
This rule has been drafted and reviewed in accordance with
Executive Order 12866, Regulatory Planning and Review, section 1(b),
Principles of Regulation, and in accordance with Executive Order 13563,
Improving Regulation and Regulatory Review, section 1(b), General
Principles of Regulation. This rule is limited to agency organization,
management, or personnel matters as described by Executive Order 12866,
section 3(d)(3), and therefore is not a ``regulation'' or ``rule'' as
defined by Executive Order 12866. Executive Order 13563 emphasizes the
importance of quantifying both costs and benefits, of reducing costs,
of harmonizing rules, and of promoting flexibility. The Department has
assessed the costs and benefits of this rule and believes that the
regulatory approach selected maximizes net benefits.
Executive Order 12988
This regulation meets the applicable standards set forth in
sections 3(a) and 3(b)(2) of Executive Order 12988, Civil Justice
Reform.
Executive Order 13132
This rule 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. Therefore, in accordance with Executive Order
13132, Federalism, the Department has determined that this rule does
not have sufficient federalism implications to warrant the preparation
of a federalism summary impact statement.
Unfunded Mandates Reform Act of 1995
This rule will not result in the expenditure by State, local, and
tribal governments, in the aggregate, or by the private sector, of $100
million or more in any one year, and it will not significantly or
uniquely affect small governments. Therefore, no actions are necessary
under the provisions of the Unfunded Mandates Reform Act of 1995, 2
U.S.C. 1501 et seq.
[[Page 26183]]
Small Business Regulatory Enforcement Fairness Act of 1996
This rule is not a major rule as defined by section 251 of the
Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA), 5
U.S.C. 804. This rule will not result in an annual effect on the
economy of $100 million or more; a major increase in costs or prices;
or significant adverse effects on competition, employment, investment,
productivity, innovation, or the ability of United States-based
enterprises to compete with foreign-based enterprises in domestic and
export markets.
Congressional Review Act
This action pertains to agency management, personnel, and
organization and does not substantially affect the rights or
obligations of non-agency parties. Accordingly, it is not a ``rule''
for purposes of the reporting requirement of 5 U.S.C. 801.
List of Subjects in 28 CFR Part 0
Authority delegations (Government agencies), Government employees,
Organization and functions (Government agencies), Privacy, Reporting
and recordkeeping requirements, Whistleblowing.
Authority and Issuance
Accordingly, by virtue of the authority vested in me as Attorney
General, including 5 U.S.C. 301, and 28 U.S.C. 509, 510, and for the
reasons set forth in the preamble, part 0 of title 28 of the Code of
Federal Regulations is amended as follows:
PART 0--ORGANIZATION OF THE DEPARTMENT OF JUSTICE
0
1. The authority citation for 28 CFR Part 0 continues to read as
follows:
Authority: 5 U.S.C. 301; 28 U.S.C. 509, 510, 515-519.
Sec. 0.89a [Amended]
0
2. Section 0.89a is amended by--
0
a. Removing paragraph (a);
0
b. Redesignating paragraphs (b) and (c) as paragraphs (a) and (b),
respectively;
0
c. Removing the word ``further'' from newly redesignated paragraph (a);
0
d. Adding a comma after the parenthetical ``(31 U.S.C. 3274)'' in newly
redesignated paragraph (a); and
0
e. Removing the words ``by paragraphs (a) and (b) of this section''
from newly redesignated paragraph (b) and adding in their place the
words ``by paragraph (a) of this section and by 28 CFR 0.172''.
Sec. 0.132 [Amended]
0
3. Section 0.132 is amended by--
0
a. Removing paragraph (a);
0
b. Redesignating paragraphs (b) and (c) as paragraphs (a) and (b),
respectively;
0
c. Adding a comma after the word ``personnel'' in newly redesignated
paragraph (a); and
0
d. Removing the words ``in paragraph (b) of this section'' from newly
redesignated paragraph (b) and adding in their place the words ``by
paragraph (a) of this section and by 28 CFR 0.172''.
0
4. Section 0.172 is revised to read as follows:
Sec. 0.172 Authority: Federal tort claims.
(a) Delegation of authority. Subject to the limitations set forth
in paragraph (b) of this section, the Director of the Bureau of
Prisons, the Commissioner of Federal Prison Industries, the Director of
the United States Marshals Service, the Administrator of the Drug
Enforcement Administration, the Director of the Federal Bureau of
Investigation, and the Director of the Bureau of Alcohol, Tobacco,
Firearms, and Explosives shall have authority under section 2672 of
title 28, United States Code, relating to the administrative settlement
of Federal tort claims, to consider, ascertain, adjust, determine,
compromise, and settle any claim involving their respective components,
provided that any award, compromise, or settlement shall not exceed
$50,000.
(b) Limitations on authority. Any proposed award, compromise, or
settlement under section 2672 of title 28, United States Code, must be
referred to the Assistant Attorney General in charge of the Civil
Division, or his delegee, when--
(1) Because a significant question of law or policy is presented,
or for any other reason, the head of the referring component is of the
opinion that the proposed award, compromise, or settlement should
receive the personal attention of the Assistant Attorney General or his
delegee;
(2) Two or more claims arise from the same subject matter and the
total amount of any award, compromise, or settlement of all claims will
or may exceed $50,000; or
(3) The award, compromise, or settlement of a particular claim, as
a practical matter, will or may control or adversely influence the
disposition of other claims and the total settlement value of all
claims will or may exceed $50,000.
(c) Subject to the provisions of Sec. 0.160, the Assistant
Attorney General in charge of the Civil Division shall have authority
to consider, ascertain, adjust, determine, compromise, and settle any
other claim involving the Department under section 2672, of title 28,
U.S. Code, relating to the administrative settlement of Federal tort
claims.
Dated: April 27, 2012.
Eric H. Holder, Jr.,
Attorney General.
[FR Doc. 2012-10641 Filed 5-2-12; 8:45 am]
BILLING CODE 4410-12-P
