Unknown. Final rule

4,612 words·~21 min read·/register/2000/07/20/00-18344

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

--- schema: federal-register doc_type: fedreg source_file: FR-2000-07-20.xml --- 65 140 Thursday, July 20, 2000 Contents Agricultural Agricultural Marketing Service NOTICES Swiss and Emmentaler cheese; grade standards, 45018-45032 00-18074 Agriculture Agriculture Department See Agricultural Marketing Service See Animal and Plant Health Inspection Service See Food Safety and Inspection Service See Forest Service NOTICES Emergency declarations: Vermont— Spongiform encephalopathy (prion disease) of foreign origin; atypical transmission, 00-18367 45018 00-18368 Animal Animal and Plant Health Inspection Service RULES User fees:

Veterinary services— Pet food facility inspection and approval fees; correction, 44947-44948 00-18366 Commerce Commerce Department See Foreign-Trade Zones Board See International Trade Administration See National Oceanic and Atmospheric Administration Corporation Corporation for National and Community Service NOTICES Agency information collection activities: Proposed collection; comment request, 45040-45041 00-18346 Customs Customs Service NOTICES Customhouse broker license cancellation, suspension, etc.:

D’Ambrosio, Nicholas C., et al., 45129-45130 00-18386 Customs bonds: Authorized facsimile signatures and seals; approval to use, 45130 00-17808 Defense Defense Department See Navy Department Delaware Delaware River Basin Commission NOTICES Meetings and hearings, 45041-45042 00-18376 Education Education Department NOTICES Agency information collection activities: Submission for OMB review; comment request, 45042 00-18387 Employment Employment and Training Administration NOTICES Adjustment assistance:

A. Schulman, Inc., 45107-45108 00-18352 Ametek U.S. Gauge, Inc., 45108 00-18363 AST Research, Inc., 45108 00-18355 Cluett, Peabody & Co., Inc., 45108 00-18360 Concord Fabrics, Inc., 45108 00-18356 Invensys Best Power, 45108-45109 00-18364 Mako Manufacturing Co., Inc., 45109 00-18362 Quaker Oats Co., 45109 00-18358 SKF USA, Inc., 45109 00-18359 Adjustment assistance and NAFTA transitional adjustment assistance: Oshkosh B’Gosh, Inc., 45107 00-18357 NAFTA transitional adjustment assistance:

A. Schulman, Inc., 45110 00-18353 Hearst Entertainment et al., 45110-45111 00-18361 Lebanon Machine, 45110 00-18354 Energy Energy Department See Energy Efficiency and Renewable Energy Office See Federal Energy Regulatory Commission NOTICES Environmental statements; availability, etc.: Public Service Co. of New Mexico; electric transmission lines across U.S.-Mexico border, 45042-45044 00-18438 Energy Energy Efficiency and Renewable Energy Office PROPOSED RULES Energy conservation:

Alternative fuel transportation program— Local government and private fleets; intergovernmental consultation requirements; workshops, 44987-44991 00-18369 EPA Environmental Protection Agency RULES Air programs: Ozone areas attaining 1-hour standard; identification of areas where standard will cease to apply; findings rescission, 45181-45274 00-17472 Air quality implementation plans; approval and promulgation; various States: District of Columbia, 44981-44984 00-18108 PROPOSED RULES Air quality implementation plans; approval and promulgation; various States:

District of Columbia, 45002 00-18109 Nevada, 45003-45013 00-17875 Superfund program: National oil and hazardous substances contingency plan— National priorities list update, 45013-45016 00-17752 NOTICES Hazardous waste: Land disposal restrictions; exemptions— Exxon Mobil Corp., 45052-45055 00-18437 Meetings: FIFRA Scientific Advisory Panel, 45055-45056 00-18516 Scientific Counselors Board Executive Committee, 45056-45057 00-18433 Reports and guidance documents; availability, etc.:

Community and nontransient noncommunity public water systems operators certification and recertification; State funding allocation methodology for grants, 45057-45063 00-18434 Water pollution; discharge of pollutants (NPDES): Southern California; offshore oil and gas exploration, development, and production operations; general permit, 45063-45066 00-17750 Farm Farm Credit Administration NOTICES Reports and guidance documents; availability, etc.: National Charters Booklet, 45066-45078 00-18283 FAA Federal Aviation Administration RULES Airworthiness directives:

Boeing, 44977-44979 00-18280 PROPOSED RULES Airworthiness directives: Airbus, 44991-44994 00-18403 Bell, 44994-44995 00-18404 Eurocopter France, 44995-44997 00-18405 General Electric Co., 44997-44999 00-18406 NOTICES Agency information collection activities: Submission for OMB review; comment request, 45125 00-18408 Meetings: Aviation Rulemaking Advisory Committee, 45125-45126 00-18409 FCC Federal Communications Commission RULES Radio stations; table of assignments: Arizona, 44985 00-18292 California, 44985 00-18293 New York, 44985-44986 00-18294 North Carolina, 44986 00-18345 Various States, 44984-44985 00-18291 Wisconsin, 44986 00-18331 PROPOSED RULES Radio stations; table of assignments:

Colorado, 45017 00-18330 Illinois and Kentucky, 45016 00-18295 Montana, 45016 00-18297 Utah, 45016 00-18296 NOTICES Agency information collection activities: Submission for OMB review; comment request, 45079 00-18442 Common carrier services: Guard band manager licenses auction for 700 MHz bands updated attachments and filing deadlines reminder; additional due diligence information, 45079-45080 00-18444 Federal Contract Federal Contract Compliance Programs Office RULES Individuals with disabilities; affirmative action and nondiscrimination obligations of contractors and subcontractors:

Separate facility waivers; standards, 45173-45180 00-18218 Federal Energy Federal Energy Regulatory Commission NOTICES Environmental statements; availability, etc.: Alcoa Power Generating, Inc., 45047 00-18301 Hydroelectric applications, 45047-45052 00-18302 00-18303 00-18334 00-18335 00-18336 Practice and procedure: Off-the-record communications, 45052 00-18337 *Applications, hearings, determinations, etc.:* Midwestern Gas Transmission Co., 45044 00-18306 Overthrust Pipeline Co., 45044-45045 00-18333 PJM Interconnection, L.L.C., 45045 00-18298 Questar Pipeline Co., 45045 00-18332 Reliant Energy Gas Transmission Co., 45045-45046 00-18307 Suprex Energy Corp., 45046 00-18300 Tennessee Gas Pipeline Co., 45046-45047 00-18305 TransColorado Gas Transmission Co., 45047 00-18304 Wisvest-Connecticut, LLC, 45047 00-18299 Federal Highway Federal Highway Administration NOTICES Environmental statements; notice of intent:

Bossier, Caddo, and DeSoto Parishes, LA, 45126 00-18385 Federal Reserve Federal Reserve System NOTICES Agency information collection activities: Proposed collection; comment request, 45080-45081 00-18440 Banks and bank holding companies: Formations, acquisitions, and mergers, 45081-45082 00-18323 00-18373 Permissible nonbanking activities, 00-18322 45082-45083 00-18374 Fish Fish and Wildlife Service NOTICES Endangered and threatened species permit applications, 45098-45099 00-18169 Environmental statements; availability, etc.:

Incidental take permits— Thurston, Mason, and Grays Harbor Counties, WA; marbled murrelet, bald eagle, etc., 45038-45039 00-18418 Safe harbor applications— Adams County, ID; Northern Idaho ground squirrel, 45099-45100 00-18182 Food Food and Drug Administration NOTICES Grant and cooperative agreement awards: New Mexico State University; Waste-Management Education and Research Consortium, 45083-45085 00-18290 Harmonisation International Conference; guidelines availability: Impurities in new drug substances, 45085-45090 00-18151 Food Food Safety and Inspection Service RULES Egg products inspection; fee increase, 44948-44950 00-18254 Foreign Foreign-Trade Zones Board NOTICES *Applications, hearings, determinations, etc.:* Illinois Premcor Refining Group Inc.; oil refinery complex, 45034-45035 00-18414 New York Newburgh Dye & Printing, Inc., et al.; textile finishing facilities, 45035 00-18415 Forest Forest Service NOTICES Appealable decisions; legal notice:

Pacific Southwest Region, 45032-45034 00-18375 Health Health and Human Services Department See Food and Drug Administration See Health Care Financing Administration See Health Resources and Services Administration See Inspector General Office, Health and Human Services Department See Substance Abuse and Mental Health Services Administration Health Health Care Financing Administration See Inspector General Office, Health and Human Services Department NOTICES Agency information collection activities:

Proposed collection; comment request, 00-18378 45090-45091 00-18379 00-18441 Submission for OMB review; comment request, 45091-45092 00-18377 Health Health Resources and Services Administration NOTICES Agency information collection activities: Proposed collection; comment request, 45092-45093 00-18289 Housing Housing and Urban Development Department NOTICES Grant and cooperative agreement awards: Community Development Work Study Program, 45097-45098 00-18310 Inspector Inspector General Office, Health and Human Services Department NOTICES Program exclusions; list, 45093-45096 00-18380 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau See Minerals Management Service See National Park Service See Reclamation Bureau International International Trade Administration NOTICES Antidumping:

Steel wire rope from— Various countries, 45037 00-18413 Antidumping and countervailing duties: Administrative review requests, 45035-45037 00-18416 International International Trade Commission NOTICES Import investigations: Pure magnesium from— China, 45105-45106 00-18317 Justice Justice Department See Parole Commission Labor Labor Department See Employment and Training Administration See Federal Contract Compliance Programs Office See Labor Statistics Bureau NOTICES Agency information collection activities:

Submission for OMB review; comment request, 45106-45107 00-18350 Labor Labor Statistics Bureau NOTICES Agency information collection activities: Proposed collection; comment request, 45111-45112 00-18351 Land Land Management Bureau NOTICES Environmental statements; availability, etc.: South Pipeline Project, NV, 45100 00-18341 Meetings: Resource Advisory Councils— John Day/Snake, 45100 00-18168 Oil and gas leases: Wyoming, 45101 00-18381 Realty actions; sales, leases, etc.: Arizona; correction, 45143 C0-14715 Maritime Maritime Administration RULES Vessel financing assistance:

Obligation guarantees; Title XI program— Putting customers first, 45145-45171 00-17496 Minerals Minerals Management Service NOTICES Oil and gas leases: Wyoming; Federal and State crude oil bids, 45101 00-18342 Outer Continental Shelf operations: Western Gulf of Mexico— Oil and gas lease sales, 45101-45104 00-18365 National Credit National Credit Union Administration RULES Credit unions: Loan interest rates, 44974-44977 00-18277 Prompt corrective action— Risk-based net worth requirement, 44950-44974 00-18278 NOAA National Oceanic and Atmospheric Administration NOTICES Environmental statements; availability, etc.:

Incidental take permits— Thurston, Mason, and Grays Harbor Counties, WA; marbled murrelet, bald eagle, etc., 45038-45039 00-18418 Permits: Marine mammals, 00-18419 45039-45040 00-18420 National Park National Park Service NOTICES Environmental statements; notice of intent: Badlands National Park, SD, 45104 00-18338 Navy Navy Department NOTICES Patent licenses; non-exclusive, exclusive, or partially exclusive: Dow Chemical Co., 45041 00-18340 Liquid atomizing nozzle, 45041 00-18339 Nuclear Nuclear Regulatory Commission NOTICES Meetings: 10 CFR Part 70; standard review plan, 45115 00-18422 Operating licenses, amendments; no significant hazards considerations; biweekly notices; correction, 45115-45116 00-18423 Reports and guidance documents; availability, etc.:

Materials licenses, consolidated guidance— Administrative licensing procedures; guidance, 45116 00-18427 Well logging, tracer, and field flood study licenses; program-specific guidance, 45116-45117 00-18428 *Applications, hearings, determinations, etc.:* FirstEnergy Nuclear Operating Co., 45113 00-18424 Niagara Mohawk Power Corp. et al., 45113 00-18426 Tennessee Valley Authority, 45113-45115 00-18421 Parole Parole Commission NOTICES Meetings; Sunshine Act, 45106 00-18483 Peace Peace Corps NOTICES Agency information collection activities:

Submission for OMB review; comment request, 45117 00-18348 Personnel Personnel Management Office RULES Federal Tort Claims Act; administrative claims, 44945-44947 00-18344 NOTICES Excepted service: Schedules A, B, and C; positions placed or revoked— Update, 45117-45118 00-18343 Postal Postal Rate Commission NOTICES Meetings; Sunshine Act, 45118 00-18481 Public Public Health Service See Food and Drug Administration See Health Resources and Services Administration See Substance Abuse and Mental Health Services Administration Reclamation Reclamation Bureau NOTICES Environmental statements; availability, etc.:

CALFED Bay-Delta Program, CA, 45104-45105 00-18240 Research Research and Special Programs Administration NOTICES Meetings: Hazardous materials safety; customer service and regulatory review, 45126-45127 00-18312 SEC Securities and Exchange Commission NOTICES *Applications, hearings, determinations, etc.:* Massachusetts Mutual Life Insurance Co. et al., 45118-45121 00-18347 SBA Small Business Administration RULES Small business size standards: Help Supply Services; $10 million in average annual receipts Correction, 45143 C0-14015 NOTICES Intergovernmental review of agency programs and activities, 45121-45122 00-18170 State State Department NOTICES Grants and cooperative agreements; availability, etc.:

Anti-Crime Training and Technical Assistance Program, 45122-45125 00-18122 Substance Substance Abuse and Mental Health Services Administration NOTICES Meetings: Substance Abuse Prevention Center National Advisory Council, 45096 00-18412 Thrift Thrift Supervision Office NOTICES Agency information collection activities: Proposed collection; comment request, 00-18410 45130-45131 00-18411 Transportation Transportation Department See Federal Aviation Administration See Federal Highway Administration See Maritime Administration See Research and Special Programs Administration Treasury Treasury Department See Customs Service See Thrift Supervision Office NOTICES Agency information collection activities:

Submission for OMB review; comment request, 45127-45129 00-18318 00-18319 00-18320 Veterans Veterans Affairs Department RULES Vocational rehabilitation and education: Veterans education— Montgomery GI Bill-Active Duty; rates payable increase, 44979-44981 00-18326 PROPOSED RULES Servicemembers’ and veterans’ group life insurance: Accelerated benefits option, 44999-45002 00-18327 NOTICES Agency information collection activities: Submission for OMB review; comment request, 45131 00-18286 Privacy Act:

Systems of records, 00-18287 45137-45142 00-18288 Separate Parts In This Issue Part II Department of Transportation, Maritime Administration, 45145-45171 00-17496 Part III Department of Labor, 45173-45180 00-18218 Part IV Environmental Protection Agency, 45181-45274 00-17472 Reader Aids Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, reminders, and notice of recently enacted public laws. 65 140 Thursday, July 20, 2000 Rules and Regulations OFFICE OF PERSONNEL MANAGEMENT 5 CFR Part 177 RIN 3206-AI70 Administrative Claims Under the Federal Tort Claims Act AGENCY:

Office of Personnel Management. ACTION: Final rule. SUMMARY: The Office of Personnel Management

(OPM)is issuing final regulations for administrative claims filed under the Federal Tort Claims Act. The final regulations will reflect the changes for filing administrative claims with OPM for the loss of or damage to property, personal injury, or death resulting from the negligent or wrongful act or omission of its employees while acting within the scope of their office or employment. EFFECTIVE DATE: August 21, 2000. FOR FURTHER INFORMATION CONTACT: James S. Green, Associate General Counsel, or Gloria Clark, Paralegal Specialist, Office of the General Counsel,

(202)606-1700. SUPPLEMENTARY INFORMATION: On June 22, 1999, the Office of Personnel Management

(OPM)published proposed regulations (64 FR 33326) on the Federal Tort Claims Act. The Federal Tort Claims Act provides that the United States may be held liable for property damage, personal injury, or death caused by the negligent or wrongful act or omission of its employees, while they are acting within the scope of their office or employment. The Federal Tort Claims Act authorizes the head of each Federal agency, or his or her designee, the authority to consider, compromise, and settle any claim for money damages against the United States for injury to or loss of property or personal injury or death caused by the negligent or wrongful act or omission of any employee while acting within the scope of their office or employment, under circumstances where the United States, if a private person, would be liable to the claimant in accordance with the law of the place where the act or omission occurred. The Department of Justice

(DOJ)administers the Federal Tort Claims Act for the United States Government. The DOJ has authorized each Federal agency to issue regulations and establish procedures for implementing the Federal Tort Claims Act. The Director of OPM has delegated the responsibility for this function to the General Counsel of OPM. However, any award, compromise, or settlement in excess of $25,000, can be effected only with the prior written approval of the Attorney General. The final regulations on the Federal Tort Claims Act have been updated and revised in consistency with the DOJ regulations at 28 CFR part 14. In addition, the final regulations will include revisions to reflect the changes for filing administrative claims with OPM and the delegation of authority for this function within OPM by the General Counsel. During the comment period, OPM did not receive any comments on the proposed regulations. Regulatory Flexibility Act I certify that this regulation will not have a significant economic impact on a substantial number of small entities (including small businesses, small organizational units, and small governmental jurisdictions), since it only applies to Federal employees and agencies. List of Subjects in 5 CFR Part 177 Claims. Office of Personnel Management. Janice R. Lachance, Director. Accordingly, OPM is revising Part 177 of title 5 of the Code of Federal Regulations as follows: PART 177—ADMINISTRATIVE CLAIMS UNDER THE FEDERAL TORT CLAIMS ACT Sec. 177.101 Scope of regulations. 177.102 Administrative claim; when presented; appropriate OPM office. 177.103 Administrative claim; who may file. 177.104 Investigations. 177.105 Administrative claim; evidence and information to be submitted. 177.106 Authority to adjust, determine, compromise, and settle. 177.107 Limitations on authority. 177.108 Referral to Department of Justice. 177.109 Final denial of claim. 177.110 Action on approved claim. Authority: 28 U.S.C. 2672; 28 CFR 14.11. § 177.101 Scope of regulations. The regulations in this part apply only to claims presented or filed with the Office of Personnel Management

(OPM)under the Federal Tort Claims Act, as amended, for money damages against the United States for injury to or loss of property or personal injury or death caused by the negligent or wrongful act or omission of an officer or employee of OPM while acting within the scope of his or her office or employment. § 177.102 Administrative claim; when presented; appropriate OPM office.

(a)For purposes of the provisions of 28 U.S.C. 2401(b), 2672, and 2675, a claim is deemed to have been presented when OPM receives from a claimant, his or her authorized agent or legal representative, an executed Standard Form 95 (Claim for Damage, Injury or Death), or other written notification of an incident, accompanied by a claim for money damages stating a sum certain (a specific dollar amount) for injury to or loss of property, personal injury, or death alleged to have occurred as a result of the incident.

(b)All claims filed under the Federal Tort Claims Act as a result of the alleged negligence or wrongdoing of OPM or its employees will be mailed or delivered to the Office of the General Counsel, United States Office of Personnel Management, 1900 E Street NW, Washington, DC 20415-1300.

(c)A claim must be presented to the Federal agency whose activities gave rise to the claim. A claim that should have been presented to OPM, but was mistakenly addressed to or filed with another Federal agency, is presented to OPM, as required by 28 U.S.C. 2401(b), as of the date the claim is received by OPM. When a claim is mistakenly presented to OPM, OPM will transfer the claim to the appropriate Federal agency, if ascertainable, and advise the claimant of the transfer, or return the claim to the claimant.

(d)A claimant whose claim arises from an incident involving OPM and one or more other Federal agencies, will identify each agency to which the claim has been submitted at the time the claim is presented to OPM. OPM will contact all other affected Federal agencies in order to designate the single agency that will investigate and decide the merits of the claim. In the event a designation cannot be agreed upon by the affected agencies, the Department of Justice will be consulted and will designate an agency to investigate and determine the merits of the claim. The designated agency will notify the claimant that all future correspondence concerning the claim must be directed to that Federal agency. All involved Federal agencies may agree to conduct their own administrative reviews and to coordinate the results, or to have the investigation conducted by the designated Federal agency. But, in either event, the designated agency will be responsible for the final determination of the claim.

(e)A claim presented in compliance with paragraph

(a)of this section may be amended by the claimant at any time prior to final agency action or prior to the exercise of the claimant's option under 28 U.S.C. 2675(a). Amendments must be in writing and signed by the claimant or his or her authorized agent or legal representative. Upon timely filing of an amendment to a pending claim, OPM will have 6 months in which to make a final disposition of the claim as amended and claimant's option under 28 U.S.C. 2675

(a)will not accrue until 6 months after the filing of an amendment. § 177.103 Administrative claim; who may file.

(a)A claim for injury to or loss of property may be presented by the owner of the property, his or her authorized agent or legal representative.

(b)A claim for personal injury may be presented by the injured person, his or her authorized agent or legal representative.

(c)A claim based on death may be presented by the executor or administrator of the decedent's estate or by any other person legally entitled to assert a claim under the applicable State law.

(d)A claim for loss totally compensated by an insurer with the rights to subrogate may be presented by the insurer. A claim for loss partially compensated by an insurer with the rights to subrogate may be presented by the insurer or the insured individually, as their respective interests appear, or jointly. When an insurer presents a claim asserting the rights to subrogate, he or she will present with the claim appropriate evidence that he or she has the rights to subrogate.

(e)A claim presented by an agent or legal representative must be presented in the name of the claimant, be signed by the agent or legal representative, show the title or legal capacity of the person signing, and be accompanied by evidence of his or her authority to present a claim on behalf of the claimant as agent, executor, administrator, parent, guardian, or other representative. § 177.104 Investigations. OPM may investigate, or may request any other Federal agency to investigate, a claim filed under this part. § 177.105 Administrative claim; evidence and information to be submitted.

(a)*Death.* In support of a claim based on death, the claimant may be required to submit the following evidence or information:

(1)An authenticated death certificate or other competent evidence showing cause of death, date of death, and age of the decedent.

(2)Decedent's employment or occupation at time of death, including his or her monthly or yearly salary or earnings (if any), and the duration of his or her last employment or occupation.

(3)Full names, addresses, birth date, kinship, and marital status of the decedent's survivors, including identification of those survivors who were dependent for support from the decedent at the time of death.

(4)Degree of support afforded by the decedent to each survivor dependent on him or her for support at the time of death.

(5)Decedent's general physical and mental condition before death.

(6)Itemized bills for medical and burial expenses incurred by reason of the incident causing death, or itemized receipts of payment for such expenses.

(7)If damages for pain and suffering before death are claimed, a physician's detailed statement specifying the injuries suffered, duration of pain and suffering, any drugs administered for pain, and the decedent's physical condition in the interval between injuries and death.

(8)Any other evidence or information which may have a bearing on either the responsibility of the United States for the death or the amount of damages claimed.

(b)*Personal injury.* In support of a claim for personal injury, including pain and suffering, the claimant may be required to submit the following evidence or information:

(1)A written report by the attending physician or dentist setting forth the nature and extent of the injury, nature and extent of treatment, any degree of temporary or permanent disability, the prognosis, period of hospitalization, and any diminished earning capacity. In addition, the claimant may be required to submit to a physical or mental examination by a physician employed by OPM or another Federal agency. On written request, OPM will make available to the claimant a copy of the report of the examining physician employed by the United States, provided the claimant has furnished OPM with the report referred to in the first sentence of this subparagraph. In addition, the claimant must have made or agrees to make available to OPM all other physician's reports previously or thereafter made of the physical or mental condition that is the subject matter of his or her claim.

(2)Itemized bills for medical, dental, and hospital expenses incurred, or itemized receipts of payment for such expenses.

(3)If the prognosis reveals the necessity for future treatment, a statement of expected expenses for such treatment.

(4)If a claim is made for loss of time from employment, a written statement from his or her employer showing actual time lost from employment, whether he or she is a full-or part-time employee, and wages or salary actually lost.

(5)If a claim is made for loss of income and the claimant is self-employed, documentary evidence showing the amount of earnings actually lost.

(6)Any other evidence or information which may have a bearing on either the responsibility of the United States for the personal injury or the damages claimed.

(c)*Property damage.* In support of a claim for injury to or loss of property, real or personal, the claimant may be required to submit the following evidence or information:

(1)Proof of ownership of the property.

(2)A detailed statement of the amount claimed with respect to each item of property.

(3)An itemized receipt of payment for necessary repairs or itemized written estimates of the cost of such repairs.

(4)A statement listing date of purchase, purchase price, and salvage value, where repair is economical.

(5)Any other evidence or information which may have a bearing on either the responsibility of the United States for the injury to or loss of property or the damages claimed. § 177.106 Authority to adjust, determine, compromise, and settle.

(a)The General Counsel of OPM, or his or her designee, is delegated authority to consider, ascertain, adjust, determine, compromise, and settle claims under the provisions of 28 U.S.C. 2672, and this part. The General Counsel, in his or her discretion, has the authority to further delegate the responsibility for adjudicating, considering, adjusting, compromising, and settling any claim submitted under the provisions of 28 U.S.C. 2672, and this part, that is based on the alleged negligence or wrongful act or omission of an OPM employee, with the exception of claims involving personal injury. All claims involving personal injury will be adjudicated, considered, adjusted, compromised and settled by the Office of the General Counsel. § 177.107 Limitations on authority.

(a)An award, compromise, or settlement of a claim under 28 U.S.C. 2672, and this part, in excess of $25,000 can be effected only with the prior written approval of the Attorney General or his or her designee. For purposes of this paragraph, a principal claim and any derivative or subrogated claim will be treated as a single claim.

(b)An administrative claim may be adjusted, determined, compromised, or settled under this part, only after consultation with the Department of Justice when, in the opinion of the General Counsel of OPM, or his or her designee:

(1)A new precedent or a new point of law is involved; or

(2)A question of policy is or may be involved; or

(3)The United States is or may be entitled to indemnity or contribution from a third party and OPM is unable to adjust the third party claim; or

(4)The compromise of a particular claim, as a practical matter, will or may control the disposition of a related claim in which the amount to be paid may exceed $25,000.

(c)An administrative claim may be adjusted, determined, compromised, or settled under 28 U.S.C. 2672, and this part, only after consultation with the Department of Justice when, OPM is informed or is otherwise aware that the United States or an employee, agent, or cost-type contractor of the United States is involved in litigation based on a claim arising out of the same incident or transaction. § 177.108 Referral to Department of Justice. When Department of Justice approval or consultation is required, or the advice of the Department of Justice is otherwise to be requested, under § 177.107, the written referral or request will be transmitted to the Department of Justice by the General Counsel of OPM or his or her designee. § 177.109 Final denial of claim. Final denial of an administrative claim must be in writing and sent to the claimant, his or her attorney, or legal representative by certified or registered mail. The notification of final denial may include a statement of the reasons for the denial. But, it must include a statement that, if the claimant is dissatisfied with the OPM action, he or she may file suit in an appropriate United States district court not later than 6 months after the date of mailing of the notification. § 177.110 Action on approved claim.

(a)Payment of a claim approved under this part is contingent on claimant's execution of a Standard Form 95 (Claim for Damage, Injury or Death); a claims settlement agreement; and a Standard Form 1145 (Voucher for Payment), as appropriate. When a claimant is represented by an attorney, the Voucher for Payment will designate both the claimant and his or her attorney as payees, and the check will be delivered to the attorney, whose address is to appear on the Voucher for Payment.

(b)Acceptance by the claimant, his or her agent, or legal representative, of an award, compromise, or settlement made under 28 U.S.C. 2672 or 28 U.S.C. 2677 is final and conclusive on the claimant, his or her agent or legal representative, and any other person on whose behalf or for whose benefit the claim has been presented, and constitutes a complete release of any claim against the United States and against any employee of the Federal Government whose act or omission gave rise to the claim, by reason of the same subject matter. [FR Doc. 00-18344 Filed 7-19-00; 8:45 am]

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