Federal Tort Claims Act: Claims handling and settlement procedures,

[Federal Register: June 2, 1998 (Volume 63, Number 105)]

[Rules and Regulations]

[Page 29945]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr02jn98-7]

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.

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 Paragraph (f) of section 2.2 is removed because it is outdated and no longer necessary, and Section 2.7 is removed because an annual report is no longer a Departmental requirement.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. 98-14505Filed6-1-98; 8:45 am]

   BILLING CODE 3510-BW-P