[Federal Register Volume 63, Number 105 (Tuesday, June 2, 1998)]
[Rules and Regulations]
[Page 29945]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-14505]
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DEPARTMENT OF COMMERCE
Office of the Secretary
15 CFR Part 2
[Docket No. 980515130-8130-01]
RIN 0690-AA29
Procedures for Handling and Settlement of Claims Under the
Federal Tort Claims Act
AGENCY: Department of Commerce.
ACTION: Final rule.
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SUMMARY: The Department of Commerce is amending its procedures for
handling and settlement of claims under the Federal Tort Claims Act.
The amendments will bring the regulations into conformity with present
practice and statutory and organizational changes that have taken place
since the regulations were previously amended in 1983.
EFFECTIVE DATE: June 2, 1998.
FOR FURTHER INFORMATION CONTACT: Donald Reed or M. Timothy Conner at
202-482-1067.
SUPPLEMENTARY INFORMATION: On March 7, 1967, the Department of Commerce
(DOC) published procedures in accordance with the Attorney General's
regulations at 28 CFR Part 14 which apply to claims asserted under the
Federal Tort Claims Act. The DOC regulations delegated authority to
settle or deny claims to the General Counsel and established procedures
for the administrative adjudication of such claims. When the DOC
regulations were issued, the Assistant General Counsel for
Administration was responsible for all procedures concerning such
claims. The Assistant General Counsel for Finance and Litigation now
has this responsibility. In addition, paragraph (d) of section 2.2 is
removed to make the regulations consistent with amendments made by Pub.
L. 100-694 to the Federal Tort Claims Act. These amendments, at Section
2679, provided that employees acting within the scope of their
employment have full personal immunity from all common law torts, not
just motor vehicle accidents. Paragraph (f) of section 2.2 is removed
because it is outdated and no longer necessary, and Section 2.7 is
removed because an annual report is no longer a Departmental
requirement.
Rulemaking Requirements
This rule has been determined to be not significant for purposes of
Executive Order 12866. This rule of agency organization, procedure and
practice is exempt from all requirements of section 553 of the
Administrative Procedure Act (5 U.S.C. 553), including the requirements
of notice and comment and delayed effective date. Because a notice of
proposed rulemaking is not required by 5 U.S.C. 553 or any other law,
the analytical requirements of the Regulatory Flexibility Act (5 U.S.C.
601 et seq.) are not applicable.
This rule does not contain information collection requirements
subject to the procedures of the Paperwork Reduction Act.
List of Subjects in 15 CFR Part 2
Administrative practice and procedure, Claims, Law.
For the reasons set forth in the preamble, 15 CFR Part 2 is amended
as follows:
PART 2--PROCEDURES FOR HANDLING AND SETTLEMENT OF CLAIMS UNDER THE
FEDERAL TORT CLAIMS ACT
1. The authority for 15 CFR part 2 is revised to read as follows:
Authority: 28 U.S.C. 2672.
Sec. 2.2 [Amended]
2. In Sec. 2.2, remove paragraphs (d) and (f) and redesignate
paragraph (e) as (d) and (g) as (e), respectively.
Sec. 2.4 [Amended]
3. In Sec. 2.4, in paragraphs (b) and (c) remove the word
``Administration'' and add in its place ``Finance and Litigation''.
Sec. 2.5 [Amended]
4. In Sec. 2.5, in paragraphs (a) and (b) remove the word
``Administration'' and add in its place ``Finance and Litigation''.
Sec. 2.7 [Amended]
5. Remove Sec. 2.7 and redesignate Sec. 2.8 as Sec. 2.7.
6. In the newly redesignated Sec. 2.7, in paragraphs (a) and (b)
remove the word ``Administration'' and add in its place ``Finance and
Litigation''.
7. In addition to the amendments set forth above, in the newly
redesignated Sec. 2.7, in paragraph (a) remove the word ``he'' and add
in its place ``he/she''.
8. In addition to the amendments set forth above, in the newly
redesignated Sec. 2.7, in paragraph (b) remove the word ``his'' and add
in its place ``his/her''.
Dated: May 22, 1998.
Alden Abbott,
Assistant General Counsel for Finance and Litigation.
[FR Doc. 98-14505 Filed 6-1-98; 8:45 am]
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