10266 Federal Register / Vol. 85, No. 35 / Friday, February 21, 2020 / Rules and Regulations

DEPARTMENT OF JUSTICE relationship between the National administrative settlement of Federal tort Government and the States, or on the claims, if the amount of the proposed 28 CFR Part 14 distribution of power and adjustment, compromise, or award does not responsibilities among the various exceed $500,000. When the Secretary [Docket No. CIV 156] believes a pending administrative claim levels of government. Therefore, in presents a novel question of law or of policy, Administrative Claims Under the accordance with Executive Order 13132, the Secretary shall obtain the advice of the Federal Tort Claims Act; Delegation of it is determined that this rule does not Assistant Attorney General in charge of the Authority have sufficient federalism implications Civil Division. to warrant the preparation of a (b) The Secretary may redelegate, in AGENCY: Department of Justice. Federalism Assessment. This regulation writing, the settlement authority delegated ACTION: Final rule. meets the applicable standards set forth under this section. SUMMARY: This Directive delegates in sections 3(a) and 3(b)(2) of Executive Section 2. Memorandum authority to the Secretary of Defense to Order 12988, ‘‘Civil Justice Reform.’’ Whenever the Secretary of Defense settles settle administrative tort claims This rule will not result in the any administrative claim pursuant to the presented pursuant to the Federal Tort expenditure by state, local, and tribal authority granted by section 1 for an amount Claims Act where the amount of the governments, in the aggregate, or by the in excess of $200,000 and within the amount settlement does not exceed $500,000. private sector, of $100,000,000 or more delegated under section 1, a memorandum This Directive implements the in any one year, and it will not fully explaining the basis for the action taken significantly or uniquely affect small shall be executed. A copy of this Administrative Dispute Resolution Act. memorandum shall be sent This Directive will alert the general governments. Therefore, no actions were deemed necessary under the provisions contemporaneously to the Director, FTCA public to the new authority and is being Staff, Torts Branch of the Civil Division. of the Unfunded Mandates Reform Act published in the Code of Federal * * * * * Regulations to provide a permanent of 1995. record of this Delegation. Finally, this action pertains to agency Dated: January 31, 2020. management, personnel, and DATES: This rule is effective on March Joseph H. Hunt, 23, 2020. organization and does not substantially Assistant Attorney General, Civil Division. affect the rights or obligations of non- FOR FURTHER INFORMATION CONTACT: [FR Doc. 2020–02763 Filed 2–20–20; 8:45 am] agency parties and, accordingly, is not James G. Touhey, Jr., Director, Torts BILLING CODE 4410–12–P a ‘‘rule’’ as that term is used by the Branch, Civil Division, Department of Congressional Review Act, 5 U.S.C. Justice, Washington, DC 20530, (202) 804(3)(B). Therefore, the reporting 616–4400. DEPARTMENT OF JUSTICE requirement of 5 U.S.C. 801 does not SUPPLEMENTARY INFORMATION: This apply. 28 CFR Part 14 Directive has been issued to delegate settlement authority and is a matter List of Subjects in 28 CFR Part 14 [Docket No. CIV 157] solely related to the division of Authority delegations (government Administrative Claims Under the responsibility between the Department agencies), Claims. of Justice and the Department of Federal Tort Claims Act; Delegation of By virtue of the authority vested in Authority Defense. As such, this rule is a rule of me by part 0 of title 28 of the Code of agency organization, procedure, and Federal Regulations, including §§ 0.45, AGENCY: Department of Justice. practice that is limited to matters of 0.160, 0.162, 0.164, and 0.168, 28 CFR ACTION: Final rule. agency management and personnel. part 14 is amended as follows: Accordingly, this rule is exempt from SUMMARY: This Directive delegates the requirements of 5 U.S.C. 553(b) of PART 14—ADMINISTRATIVE CLAIMS authority to the Postmaster General to prior notice and comment and is made UNDER FEDERAL TORT CLAIMS ACT settle administrative tort claims effective without prior notice and public presented pursuant to the Federal Tort comment. In accordance with the ■ 1. The authority citation for part 14 Claims Act where the amount of the Regulatory Flexibility Act (5 U.S.C. continues to read as follows: settlement does not exceed $500,000. 605(b)), the Assistant Attorney General Authority: 5 U.S.C. 301; 28 U.S.C. 509, This Directive implements the for the Civil Division has reviewed this 510, and 2672. Administrative Dispute Resolution Act. rule, and by approving it certifies that ■ 2. The appendix to part 14 is amended This Directive will alert the general this rule will not have a significant by designating the appendix as public to the new authority and is being economic impact on a substantial published in the Code of Federal number of small entities. This rule has appendix A to part 14 and revising the entry ‘‘Delegation of Authority to the Regulations to provide a permanent been drafted and reviewed in record of this Delegation. accordance with section 1(b) of Secretary of Defense’’ to read as follows: DATES: This rule is effective on March Executive Order 12866. This rule is Appendix A to Part 14—Delegations of 23, 2020. limited to agency organization, Settlement Authority management, or personnel matters, FOR FURTHER INFORMATION CONTACT: * * * * * under section 3(d)(3) of Executive Order James G. Touhey, Jr., Director, Torts 12866. The Assistant Attorney General Delegation of Authority to the Secretary of Branch, Civil Division, Department of for the Civil Division has determined Defense Justice, Washington, DC 20530, (202) 616–4400. that this rule is not a ‘‘significant Section 1. Authority To Compromise Tort regulatory action’’ under section 3(f) of Claims SUPPLEMENTARY INFORMATION: This Executive Order 12866 and accordingly (a) The Secretary of Defense shall have the Directive has been issued to delegate this rule has not been reviewed by the authority to adjust, determine, compromise, settlement authority and is a matter Office of Management and Budget. and settle a claim involving the Department solely related to the division of This rule will not have substantial of Defense under section 2672 of title 28, responsibility between the Department direct effects on the States, on the United States Code, relating to the of Justice and the United States Postal

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Service. As such, this rule is a rule of By virtue of the authority vested in DEPARTMENT OF JUSTICE agency organization, procedure, and me by part 0 of title 28 of the Code of practice that is limited to matters of Federal Regulations, including §§ 0.45, 28 CFR Part 14 agency management and personnel. 0.160, 0.162, 0.164, and 0.168, 28 CFR [Docket No. CIV 158] Accordingly, this rule is exempt from part 14 is amended as follows: the requirements of 5 U.S.C. 553(b) of Administrative Claims Under the prior notice and comment and is made PART 14—ADMINISTRATIVE CLAIMS Federal Tort Claims Act; Delegation of effective without prior notice and public UNDER FEDERAL TORT CLAIMS ACT Authority comment. In accordance with the AGENCY: Department of Justice. Regulatory Flexibility Act (5 U.S.C. ■ 1. The authority citation for part 14 ACTION: Final rule. 605(b)), the Assistant Attorney General continues to read as follows: for the Civil Division has reviewed this SUMMARY: This Directive delegates rule, and by approving it certifies that Authority: 5 U.S.C. 301; 28 U.S.C. 509, 510, and 2672. authority to the Secretary of Veterans this rule will not have a significant Affairs to settle administrative tort economic impact on a substantial ■ 2. Appendix A to part 14 is amended claims presented pursuant to the number of small entities. This rule has by revising the entry ‘‘Delegation of Federal Tort Claims Act where the been drafted and reviewed in Authority to the Postmaster General’’ to amount of the settlement does not accordance with section 1(b) of read as follows: exceed $500,000. This Directive Executive Order 12866. This rule is implements the Administrative Dispute limited to agency organization, Appendix A to Part 14—Delegations of Resolution Act. This Directive will alert management, or personnel matters, Settlement Authority the general public to the new authority under section 3(d)(3) of Executive Order * * * * * and is being published in the Code of 12866. The Assistant Attorney General Federal Regulations to provide a for the Civil Division has determined Delegation of Authority to the Postmaster permanent record of this Delegation. that this rule is not a ‘‘significant General DATES: This rule is effective on March regulatory action’’ under section 3(f) of Section 1. Authority To Compromise Tort 23, 2020. Executive Order 12866 and accordingly Claims FOR FURTHER INFORMATION CONTACT: this rule has not been reviewed by the (a) The Postmaster General shall have the James G. Touhey, Jr., Director, Torts Office of Management and Budget. Branch, Civil Division, Department of This rule will not have substantial authority to adjust, determine, compromise, and settle a claim involving the United States Justice, Washington, DC 20530, (202) direct effects on the States, on the Postal Service under section 2672 of title 28, 616–4400. relationship between the National United States Code, relating to the SUPPLEMENTARY INFORMATION: This Government and the States, or on the administrative settlement of Federal tort Directive has been issued to delegate distribution of power and claims, if the amount of the proposed settlement authority and is a matter responsibilities among the various adjustment, compromise, or award does not solely related to the division of levels of government. Therefore, in exceed $500,000. When the Postmaster responsibility between the Department accordance with Executive Order 13132, General believes a pending administrative of Justice and the Department of it is determined that this rule does not claim presents a novel question of law or of Veterans Affairs. As such, this rule is a have sufficient federalism implications policy, the Postmaster General shall obtain rule of agency organization, procedure, to warrant the preparation of a the advice of the Assistant Attorney General and practice that is limited to matters of Federalism Assessment. This regulation in charge of the Civil Division. agency management and personnel. meets the applicable standards set forth (b) The Postmaster General may redelegate, Accordingly, this rule is exempt from in sections 3(a) and 3(b)(2) of Executive in writing, the settlement authority delegated the requirements of 5 U.S.C. 553(b) of Order 12988, ‘‘Civil Justice Reform.’’ under this section. prior notice and comment and is made This rule will not result in the Section 2. Memorandum effective without prior notice and public expenditure by state, local, and tribal comment. In accordance with the governments, in the aggregate, or by the Whenever the Postmaster General settles Regulatory Flexibility Act (5 U.S.C. private sector, of $100,000,000 or more any administrative claim pursuant to the 605(b)), the Assistant Attorney General in any one year, and it will not authority granted by section 1 for an amount for the Civil Division has reviewed this significantly or uniquely affect small in excess of $200,000 and within the amount rule, and by approving it certifies that governments. Therefore, no actions were delegated under section 1, a memorandum this rule will not have a significant deemed necessary under the provisions fully explaining the basis for the action taken economic impact on a substantial of the Unfunded Mandates Reform Act shall be executed. A copy of this number of small entities. This rule has of 1995. memorandum shall be sent been drafted and reviewed in Finally, this action pertains to agency contemporaneously to the Director, FTCA accordance with section 1(b) of management, personnel, and Staff, Torts Branch of the Civil Division. Executive Order 12866. This rule is organization and does not substantially * * * * * limited to agency organization, affect the rights or obligations of non- Dated: January 31, 2020. management, or personnel matters, agency parties and, accordingly, is not under section 3(d)(3) of Executive Order Joseph H. Hunt, a ‘‘rule’’ as that term is used by the 12866. The Assistant Attorney General Congressional Review Act, 5 U.S.C. Assistant Attorney General, Civil Division. for the Civil Division has determined 804(3)(B). Therefore, the reporting [FR Doc. 2020–02764 Filed 2–20–20; 8:45 am] that this rule is not a ‘‘significant requirement of 5 U.S.C. 801 does not BILLING CODE 4410–12–P regulatory action’’ under section 3(f) of apply. Executive Order 12866 and accordingly List of Subjects in 28 CFR Part 14 this rule has not been reviewed by the Office of Management and Budget. Authority delegations (government This rule will not have substantial agencies), Claims. direct effects on the States, on the

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