[Federal Register Volume 64, Number 195 (Friday, October 8, 1999)]
[Rules and Regulations]
[Pages 54782-54783]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-26262]
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DEPARTMENT OF TRANSPORTATION
Maritime Administration
46 CFR Part 204
[Docket No. MARAD-1999-6309]
Redelegation of Authority To Settle Federal Tort Claims
AGENCY: Maritime Administration, Department of Transportation.
ACTION: Final rule.
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SUMMARY: The Administrator of the Maritime Administration (MARAD)
redelegates claim settlement authority under the Federal Tort Claims
Act solely to MARAD's Office of the Chief Counsel and removes the
settlement authority from MARAD's Associate Administrator for
Administration and the Superintendent of the United States Merchant
Marine Academy. Before this redelegation, the Associate Administrator
for Administration had authority to settle tort claims and to authorize
payments of $50,000 or less, and the Superintendent of the Merchant
Marine Academy had authority to settle tort claims and to authorize
payments of $20,000 or less. These changes are necessary to consolidate
the settlement authority in the Office of the Chief Counsel and will
make the Federal Tort Claims process easier for claimants.
DATES: This rule is effective October 8, 1999.
FOR FURTHER INFORMATION CONTACT: Mr. J. Patrick Wiese, Chief, Division
of Litigation, Office of the Chief Counsel, Maritime Administration,
(202) 366-5191; 400 Seventh Street, SW, Washington, DC 20590.
SUPPLEMENTARY INFORMATION: In 49 CFR 1.45(a)(2), the Secretary of
Transportation delegated to each Agency Administrator the authority to
act under any statute, Executive Order, or regulation and in sections
(a)(3) and (a)(16) specifically delegated the authority to request the
Attorney General to approve a Federal tort claim in excess of $100,000,
and the authority to settle claims of $100,000 or less. The
Administrator of MARAD (Administrator) redelegated authority under the
Federal Tort Claims Act, as amended, 28 U.S.C. 2672, to the Chief
Counsel of MARAD, the Associate Administrator for Administration of
MARAD, and the Superintendent of the United States Merchant Marine
Academy.
The regulations at 46 CFR part 204 set forth the requirements for
settlement of claims against MARAD. Prior to this rule, Sec. 204.7
(Delegation of authority) provided that the Chief Counsel had the
authority to settle Federal tort claims subject to the written approval
of the U.S. Attorney General for payments in excess of $100,000; the
Associate Administrator for Administration had the authority to settle
tort claims and to authorize payments of $50,000 or less, and the
Superintendent of the Merchant Marine Academy had authority to settle
tort claims and to authorize payments of $20,000 or less.
This rule redelegates the settlement authority under the Federal
Tort Claims Act by removing the settlement authority from the
Superintendent of the Merchant Marine Academy and the Associate
Administrator for Administration and consolidating the authority in the
Chief Counsel. The amended Sec. 204.7 (Delegation of authority) will
consolidate the settlement authority in the Office of the Chief
Counsel. These changes will make the Federal Tort Claims process easier
for claimants.
The MARAD Administrator should make this redelegation because the
Office of the Chief Counsel has the requisite expertise and capability
to carry out the responsibilities under the Federal Tort Claims Act. In
practice, the Associate Administrator and Superintendent seek the legal
advice of the Chief Counsel when settling tort claims. The
consolidation of all agency authority with respect to tort claims in
the Office of Chief Counsel is a natural extension of its current
administration of tort claims.
MARAD publishes this rule as a final rule, effective on the date of
publication. Under 5 U.S.C. 553(b), notice and comment are unnecessary
because the rule relates to departmental management, organization,
procedure and practice. Further, since the amendment expedites the
ability of MARAD to settle Federal Tort Claims, the Administrator finds
good cause under 5 U.S.C. 553(b) and 5 U.S.C. 553(d)(3) for the final
rule to be effective on the date of publication in the Federal
Register.
List of Subjects in 46 CFR Part 204
Claims, Delegation of authority.
Accordingly, MARAD amends 46 CFR part 204 as follows:
PART 204--CLAIMS AGAINST THE MARITIME ADMINISTRATION UNDER THE
FEDERAL TORT CLAIMS ACT
1. The authority citation for part 204 is revised to read as
follows:
Authority: 28 U.S.C. 2672; 28 CFR 14.11; 49 CFR 1.45(a)(2), (3),
and (16).
Sec. 204.4 [Amended]
2. Section 204.4 is amended as follows:
a. By adding in the first sentence of paragraph (b) before the
words ``Maritime Administration'' the words ``Office of the Chief
Counsel of the''.
b. By removing from the second sentence of paragraph (b) the words
``which does not have settlement authority over the claim'' and by
adding
[[Page 54783]]
in their place the words ``other than the Office of the Chief
Counsel''.
c. By removing from the second sentence of paragraph (b) the words
``the official vested with such authority'' and by adding in their
place the words ``the Office of the Chief Counsel''.
d. By removing from the second sentence of paragraph (b) the
parenthetical ``(see Sec. 204.13, this part).''
3. Section 204.7 is revised to read as follows:
Sec. 204.7 Delegation of authority.
(a) Subject to written approval of the Attorney General of the
United States of any payment in excess of $100,000, the Chief Counsel
of the Maritime Administration is authorized to approve the award,
compromise, or settlement of any tort claim and to authorize payment of
the claim.
(b) The Chief Counsel is authorized to deny any claim and to settle
and authorize payment of any tort claim involving the Maritime
Administration in an amount not exceeding $100,000.
4. Section 204.8 is revised to read as follows:
Sec. 204.8 Where to file claims.
Claimants must file claims with the Chief Counsel (MAR-220),
Maritime Administration, Department of Transportation, Room 7232, SW,
Washington, DC 20590 at the Nassif Building, 7th and D Streets.
Dated: October 4, 1999.
By Order of the Maritime Administrator.
Joel C. Richard,
Secretary, Maritime Administration.
[FR Doc. 99-26262 Filed 10-7-99; 8:45 am]
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