[Federal Register: May 6, 2005 (Volume 70, Number 87)]
[Rules and Regulations]
[Page 23927]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr06my05-1]
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Rules and Regulations
Federal Register
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[[Page 23927]]
DEPARTMENT OF AGRICULTURE
Office of the Secretary
7 CFR Part 2
Revision of Delegations of Authority
AGENCY: Department of Agriculture
ACTION: Final rule.
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SUMMARY: This document amends the delegations of authority from the
Secretary of Agriculture in order to reflect the Secretary's
designation of the General Counsel as the Department official
responsible for delegating the authority to other Department heads for
considering, ascertaining, adjusting, determining, compromising, and
settling, pursuant to the Federal Tort Claims Act (FTCA) and
regulations of the Attorney General, claims less than $2500 that allege
the negligence or wrongful act of an employee of a certain agency.
DATES: Effective Date: Effective May 6, 2005.
FOR FURTHER INFORMATION CONTACT: Kenneth E. Cohen, Assistant General
Counsel, General Law Division, Office of the General Counsel,
Department of Agriculture, Room 3311-S, Washington, DC 20250, telephone
202-720-5565.
SUPPLEMENTARY INFORMATION: Under 28 U.S.C. 2672 of the FTCA, the head
of each Federal agency, including the Secretary of Agriculture, is able
to adjudicate FTCA claims brought against his or her respective agency.
Furthermore, the FTCA states that an agency may effect a settlement
equal to or less than $25,000, without the ``prior written approval of
the Attorney General or his designee''. Through 7 CFR 2.31, the
Secretary of Agriculture has delegated to the General Counsel the
authority to ``[c]onsider, ascertain, adjust, determine, compromise,
and settle claims pursuant to the Federal Tort Claims Act, as amended
(28 U.S.C. 2671-2680), and the regulations of the Attorney General
contained in 28 CFR part 14 * * *.''
The National Performance Review (NPR) determined that this limited
delegation posed a barrier to the efficiency and cost-effectiveness of
the USDA. Pursuant to the recommendations of NPR, on September 11,
1996, the Secretary of Agriculture enacted a pilot program, created
under Secretary's Memorandum 1030-29, by delegating to the Assistant
Secretary for Marketing and Regulatory Programs and the Administrator
of APHIS the authority to adjudicate claims under $2500 submitted
pursuant to the FTCA. The pilot program proved to be highly successful.
During this program, adjudication time for this type of FTCA claim was
reduced from a period of three to six months to less than two weeks.
Additionally, payment processing time was reduced from ten days to as
little as one day.
Based on the success of this pilot program, the delegations of
authority of the Department of Agriculture are amended so that the
General Counsel is now able to delegate the authority to another agency
head to consider, ascertain, adjust, determine, compromise, and settle,
and pursuant to the FTCA and regulations of the Attorney General,
claims less than $2500 that allege the negligence or wrongful act of an
employee of a particular USDA agency.
This rule relates to internal agency management. Therefore,
pursuant to 5 U.S.C. 553, notice of proposed rule making and
opportunity for comment are not required and this rule may be made
effective less than 30 days after publication in the Federal Register.
Further, since this rule relates to internal agency management, it is
exempt from the provisions of Executive Order 12988 and Executive Order
12866, amended by Executive Order 13258. In addition, this action is
not a rule as defined by the Regulatory Flexibility Act (5 U.S.C. 601
et seq.), and thus is exempt from the provisions of that Act. Finally,
this action is not a rule as defined in 5 U.S.C. 804, and thus does not
require review by Congress.
List of Subjects in 7 CFR Part 2
Authority delegations (government agencies).
0
Accordingly, 7 CFR part 2 is amended as follows:
PART 2--DELEGATIONS OF AUTHORITY BY THE SECRETARY OF AGRICULTURE
AND GENERAL OFFICERS OF THE DEPARTMENT
0
1. The authority cittation for part 2 continues to read as follows:
Authority: 7 U.S.C. 6912(a)(1), 5 U.S.C. 301; Reorganization
Plan No. 2 of 1953, 3 CFR, 1949-1953 Comp., p. 1024.
Subpart D--Delegation of Authority to Other General Officers and
Agency Heads
0
2. Amend Sec. 2.31 to revise paragraph (a) to read as follows:
Sec. 2.31 General Counsel.
* * * * *
(a) Consider, ascertain, adjust, determine, compromise, and settle
claims pursuant to the Federal Tort Claims Act, as amended (28 U.S.C.
2671-2680), and the regulations of the Attorney General contained in 28
CFR part 14; delegate the authority to consider, ascertain, adjust,
determine, compromise, and settle, pursuant to the Federal Tort Claims
Act as amended (28 U.S.C. 2671-2680) and the regulations of the
Attorney General contained in 28 CFR part 14, claims less than $2500
that allege the negligence or wrongful act of an employee of a USDA
agency; and consider, ascertain, adjust, determine compromise, and
settle claims pursuant to section 920 of the Federal Agriculture
Improvement and Reform Act of 1996, Public Law 104-127 (7 U.S.C.
2262a).
* * * * *
Dated: April 11, 2005.
Mike Johanns
Secretary of Agriculture.
[FR Doc. 05-9114 Filed 5-5-05; 8:45 am]
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