[Federal Register Volume 61, Number 20 (Tuesday, January 30, 1996)]
[Rules and Regulations]
[Page 2915]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-1531]
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DEPARTMENT OF STATE
22 CFR Part 31
[Public Notice 2298]
Repeal of Certain Tort and Property Damage Claims Regulations
AGENCY: Office of the Legal Adviser, Department of State.
ACTION: Direct final rule.
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SUMMARY: The Department of State will repeal 22 CFR part 31, which
contains regulations implementing the Federal Tort Claims Act (FTCA)
with respect to the Department (subparts A and B), the State
Department's independent authority to pay tort claims arising in
foreign countries (subpart C), and certain claims against the
International Boundary and Water Commission, United States and Mexico
(IBWC) (subpart D).
DATES: This rule is effective May 13, 1996, unless significant adverse
comments are received on or before March 8, 1996.
If significant adverse comments are received, the State Department
will publish a document in the Federal Register before May 13, 1996
withdrawing this rule.
ADDRESSES: Interested persons are invited to submit comments to the
Office of International Claims and Investment Disputes, Office of the
Legal Adviser, Suite 203, South Building, 2430 E Street NW.,
Washington, DC 20037-2800.
FOR FURTHER INFORMATION CONTACT:
Stephen D. McCreary, Attorney-Adviser, Office of International Claims
and Investment Disputes, Office of the Legal Adviser, Suite 203, South
Building, 2430 E Street NW., Washington, DC 20037-2800; telephone (202)
776-8440.
SUPPLEMENTARY INFORMATION: The State Department regulations
implementing the Federal Tort Claims Act are a combination of
substantive provisions largely drawn from the Department of Justice
FTCA regulations in 28 CFR part 14, which apply to tort claims against
all government agencies, and procedural provisions drawn from the State
Department's internal Foreign Affairs Manual. The State Department FTCA
regulations in subparts A and B of part 31 add little additional
information, and are thus duplicative and unnecessary. Section 2672 of
the FTCA (28 U.S.C. 2672) provides that claims are to be considered in
accordance with regulations issued by the Attorney General. Section
14.11 of the Justice Department regulations authorize agencies to issue
supplementary FTCA regulations, but do not require that they do so. The
State Department has concluded that it need not maintain supplementary
FTCA regulations.
Claims against the Department of State should continue to be
submitted directly to the office, bureau, division, or Foreign Service
establishment out of whose activities the claim arises, if known; or if
not known, to the Assistant Legal Adviser for International Claims and
Investment Disputes, L/CID, Department of State, Washington, DC 20520.
Subpart C of part 31 concerns the Department's independent
authority to pay tort claims arising overseas, and has no counterpart
in the Justice Department's FTCA regulations. However, subpart C is a
single paragraph which provides little information beyond that already
available in the statute (22 U.S.C. 2669(f)). Thus, the Department has
concluded that subpart C may be deleted.
The regulations in subpart D of part 31 regarding claims against
the International Boundary and Water Commission, United States and
Mexico, have not been used in many years, and in any case essential
repeat the provisions of the underlying statute. Repeal of these
regulations has been coordinated with the Legal Adviser's Office of the
IBWC, United States Section. The State Department and the IBWC, United
States Section, have concluded that it is appropriate to delete subpart
D.
Implemention of this rule as a direct final rule, with provision
for postpromulgation comments, is based on the ``good cause'' exception
to the Administrative Procedures Act found at 5 U.S.C. 553(b)(B).
Repeal of these regulations is expected to be noncontroversial, and
therefore unlikely to engender public comment. Thus, provision for
prepromulgation notice and comment is considered unnecessary. Written
comments are invited from the public on or before March 8, 1996. Unless
the State Department receives on or before that date significant
comments adverse to repeal of these regulations, and publishes a notice
in the Federal Register before May 13, 1996, withdrawing this rule,
this rule becomes effective on May 13, 1996.
Repeal of these regulations by this rule is not expected to have a
significant impact on a substantial number of small entities under the
criteria of the Regulatory Flexibility Act. This rule does not impose a
Federal regulatory mandate on state, local, or tribal government
entities under the Unfunded Mandates Act (P.L. 104-4) because it
repeals regulations which themselves created no such mandate. This rule
has been reviewed as required by Executive Order 12778 and is in
compliance therewith. This rule is exempt from review under Executive
Order 12866, but has been reviewed to ensure consistency with its
overall policies and purposes. This rule does not contain a new or
amended information requirement subject to the Paperwork Reduction Act
of 1980.
List of Subjects in 22 CFR Part 31
Claims.
PART 31--[REMOVED]
Accordingly, under the authority of 22 U.S.C. 2651a(4), 22 CFR part
31 is removed.
Dated: December 8, 1995.
Jamison Selby Borek,
Deputy Legal Adviser.
[FR Doc. 96-1531 Filed 1-29-96; 8:45 am]
BILLING CODE 4710-08-M
