[Federal Register Volume 61, Number 72 (Friday, April 12, 1996)]
[Proposed Rules]
[Page 16231]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-9114]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 61, No. 72 / Friday, April 12, 1996 /
Proposed Rules
[[Page 16231]]
DEPARTMENT OF AGRICULTURE
Office of the Secretary
7 CFR Part 1
Claims, Administrative Regulations Amendment
AGENCY: Office of the Secretary of Agriculture, USDA.
ACTION: Proposed rulemaking.
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SUMMARY: This document proposes to amend the Administrative Regulations
of the United States Department of Agriculture (USDA) relating to
claims submitted pursuant to the Federal Tort Claims Act (FTCA)
contained in 7 CFR Part 1, Subpart D, as part of the USDA regulatory
reinvention initiative to improve its regulations.
DATES: Comments must be received by May 13, 1996.
ADDRESSES: Comments should be sent to: Robert L. Siegler, Deputy
Assistant General Counsel, Research and Operations Division, Office of
the General Counsel, USDA, room 2321, South Building, 14th Street and
Independence Avenue SW., Washington, DC 20250, (202) 720-6035.
FOR FURTHER INFORMATION CONTACT:
Robert L. Siegler at the above address.
SUPPLEMENTARY INFORMATION:
Background
The President directed the heads of all departments and agencies to
review all regulations and eliminate or revise regulations that are
outdated or otherwise in need of reform. This proposed rule updates the
USDA regulation contained in 7 CFR Sec. 1.51 relating to claims
submitted under the FTCA to remove those provisions relating to claims
submitted prior to 1967 and to update the procedure for filing FTCA
claims.
Executive Order 12866 and Regulatory Flexibility Act
This proposed rule has been reviewed under Executive Order 12866.
The rule has been determined to be not significant for the purposes of
Executive Order 12866 and, therefore, has not been reviewed by the
Office of Management and Budget.
This proposed rule will not have any economic impact.
Under these circumstances, the Secretary has determined that this
action will not have a significant economic impact on a substantial
number of small entities.
Executive Order 12778
This proposed rule has been reviewed under Executive Order 12778,
Civil Justice Reform. This proposed rule: (1) preempts all state and
local laws and regulations that are inconsistent with this rule; (2)
has no retroactive effect; and (3) does not require administrative
proceedings before parties may file suit in court challenging this
rule.
Paperwork Reduction Act
This proposed rule contains no information collection or
recordkeeping requirements under the Paperwork Reduction Act of 1995
(44 U.S.C. 3501 et seq.).
List of Subjects in 7 CFR Part 1
Administrative practice and procedure, Agriculture, Claims.
Accordingly, it is proposed to amend 7 CFR part 1, subpart D as
follows:
PART 1--ADMINISTRATIVE REGULATIONS
Subpart D--Claims
1. The authority citation for Subpart D continues to read as
follows:
Authority: 5 U.S.C. 301; 28 U.S.C. 2671-2680; 28 CFR part 14.
2. Section 1.51 is revised to read as follows:
Sec. 1.51 Claims based on negligence, wrongful act or omission.
(a) Authority of the Department. Under the provisions of the
Federal Tort Claims Act (FTCA), as amended, 28 U.S.C. 2671-2680, and
the regulations issued by the Department of Justice contained in 28 CFR
part 14, the Department may, subject to the provisions of the FTCA and
regulations, consider, ascertain, adjust, determine, compromise, and
settle claims for money damages against the United States for personal
injury, death, or property loss or damage caused by the negligent or
wrongful act or omission of any employee of the United States
Department of Agriculture (USDA) while acting within the scope of his
or her office or employment, under circumstances where the United
States, if it were a private person, would be liable, in accordance
with the law of the place where the act or omission occurred.
(b) Procedure for filing claims. Claims must be presented by the
claimant, or by his or her duly authorized agent or legal
representative as specified in 28 CFR 14.3. Standard Form 95, Claim for
Damage or Injury, may be obtained from the agency within USDA that
employs the employee who allegedly committed the negligent or wrongful
act or omission. The completed claim form, together with appropriate
evidence and information, as specified in 28 CFR 14.4, shall be filed
with the agency from which it was obtained.
(c) Determination of claims. (1) Delegation of authority to
determine claims. The General Counsel, and such employees of the Office
of the General Counsel as may be designated by the General Counsel, are
hereby authorized to consider, ascertain, adjust, determine,
compromise, and settle claims pursuant to the FTCA, as amended, and the
regulations contained in 28 CFR part 14 and in this section.
(2) Disallowance of claims. If a claim is denied the General
Counsel, or his or her designee, shall notify the claimant, or his or
her duly authorized agent or legal representative.
Done in Washington, DC, this 5th day of April 1996.
Dan Glickman,
Secretary of Agriculture.
[FR Doc. 96-9114 Filed 4-11-96; 8:45 am]
BILLING CODE 3410-01-M
