80 FR 30617 - Authority of the Assistant Attorneys General To Compromise or Close Civil Claims

DEPARTMENT OF JUSTICE
Office of the Attorney General

Federal Register Volume 80, Issue 103 (May 29, 2015)

Page Range		30617-30619
FR Document		2015-12991

This final rule amends the Department's regulations to increase the authority currently delegated to the Assistant Attorneys General to compromise or close civil claims and to make certain technical corrections.

Federal Register, Volume 80 Issue 103 (Friday, May 29, 2015)

[Federal Register Volume 80, Number 103 (Friday, May 29, 2015)]
[Rules and Regulations]
[Pages 30617-30619]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-12991]


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DEPARTMENT OF JUSTICE

Office of the Attorney General

28 CFR Part 0

[Docket No. OAG 147; AG Order No. 3532-2015]


Authority of the Assistant Attorneys General To Compromise or 
Close Civil Claims

AGENCY: Department of Justice.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This final rule amends the Department's regulations to 
increase the authority currently delegated to the Assistant Attorneys 
General to compromise or close civil claims and to make certain 
technical corrections.

DATES: Effective May 29, 2015

FOR FURTHER INFORMATION CONTACT: August E. Flentje, Acting Deputy 
Assistant Attorney General, Civil Division, Department of Justice, 
Washington, DC 20530; (202) 514-3309.

SUPPLEMENTARY INFORMATION: The current delegations of authority to 
compromise or close civil claims are contained in 28 CFR part 0, 
subpart Y, Sec. Sec.  0.160-0.169. See 60 FR 15675 (Mar. 27, 1995). 
This final rule increases the monetary thresholds for the exercise of 
this authority by the Assistant Attorneys General and increases the 
redelegation authority to the United States Attorneys with respect to 
accepting offers of compromise for affirmative claims.
    This final rule amends 28 CFR 0.160(a)(1) to increase the authority 
of the Assistant Attorneys General to compromise a civil claim asserted 
by the United States where the proposed settlement is within $10 
million or 15 percent of the original claim (up from the current 
threshold of $2 million or 15 percent of the original claim). As 
provided in Sec.  0.164, this change to Sec.  0.160(a)(1) also means 
that the Assistant Attorneys General will have authority to close 
affirmative civil matters within the same new limits.
    The final rule adds a new paragraph Sec.  0.160(a)(2) to allow the 
Assistant Attorneys General to accept compromises in affirmative civil 
cases independent of the $10 million cap in the limited circumstance 
where a qualified financial expert has reviewed the defendant's 
finances and has determined that the defendant likely does not have the 
ability to pay more than the proposed compromise offer. This would 
obviate the need to obtain higher level approval when claims are being 
compromised simply based on the defendant's financial condition rather 
than an analysis of the legal or factual merits of the claim. To 
clarify that new Sec.  0.160(a)(2) applies to all cases within the 
authority of the Assistant Attorney General for the Environment and 
Natural Resources Division, including cases brought under the 
Comprehensive Environmental Response, Compensation and Liability Act, 
42 U.S.C. 9601 et seq., the final rule also amends Sec.  0.160(c)(2) by 
removing language similar to new Sec.  0.160(a)(2).
    In addition, the final rule also increases the authority for the 
Assistant Attorneys General to accept offers in compromise of claims 
asserted against the United States of up to $4 million (up from the 
current threshold of $2 million). See new Sec.  0.160(a)(3) (currently 
Sec.  0.160(a)(2)).
    The final rule also amends Sec.  0.168(d) to allow a delegation of 
authority to the United States Attorneys to compromise claims asserted 
by the United States for up to $10 million (up from a claim of $5 
million where the settlement difference does not exceed $1 million). 
Citations to subsections of Sec.  0.160 in Sec. Sec.  0.162 and 0.168 
also have been revised in light of the changes to Sec.  0.160.

[[Page 30618]]

    Finally, this final rule would update the agency reference in Sec.  
0.169(b) defining the term ``gross amount of the original claim'' for 
purposes of any civil claim brought under section 592 of the Tariff Act 
of 1930, as amended.

Regulatory Certifications

Administrative Procedure Act

    This rule relates to a matter of agency management or personnel and 
is a rule of agency organization, procedure, and practice. As such, 
this rule is exempt from the usual requirements of prior notice and 
comment and a 30-day delay in effective date. See 5 U.S.C. 553.

Regulatory Flexibility Act

    The Attorney General, in accordance with the Regulatory Flexibility 
Act, 5 U.S.C. 605(b), has reviewed this rule, and by approving it, 
certifies that it will not have an impact on a substantial number of 
small entities because it pertains to personnel and administrative 
matters affecting the Department. Further, a Regulatory Flexibility 
Analysis is not required for this final rule because the Department was 
not required to publish a general notice of proposed rulemaking for 
this matter.

Executive Orders 12866 and 13563

    This rule has been drafted and reviewed in accordance with 
Executive Order 12866, ``Regulatory Planning and Review,'' section 
l(b), Principles of Regulation, and with Executive Order 13563, 
``Improving Regulation and Regulatory Review.'' This final rule is 
``limited to agency organization, management, or personnel matters'' 
and thus is not a ``rule'' as described by Executive Order 12866, 
section 3(d)(3) and, therefore, is not a ``regulation'' or ``rule'' as 
defined by that Executive Order.

Executive Order 12988

    This regulation meets the applicable standards set forth in 
sections 3(a) and 3(b)(2) of Executive Order 12988, ``Civil Justice 
Reform.''

Executive Order 13132

    This rule will not have substantial direct effects on the States, 
on the relationship between the national government and the States, or 
on the distribution of power and responsibilities among the various 
levels of government. Therefore, in accordance with Executive Order 
13132, ``Federalism,'' the Department has determined that this rule 
does not have sufficient federalism implications to warrant the 
preparation of a federalism summary impact statement.

Unfunded Mandates Reform Act of 1995

    This rule will not result in the expenditure by State, local, and 
tribal governments, in the aggregate, or by the private sector, of $100 
million or more (adjusted for inflation) in any one year, and it will 
not significantly or uniquely affect small governments. Therefore, no 
actions are necessary under the provisions of the Unfunded Mandates 
Reform Act of 1995, 2 U.S.C. 1501 et seq.

Small Business Regulatory Enforcement Fairness Act of 1996

    This rule is not a major rule as defined by section 251 of the 
Small Business Regulatory Enforcement Fairness Act of 1996, 5 U.S.C. 
804. This rule will not result in an annual effect on the economy of 
$100 million or more; a major increase in costs or prices; or 
significant adverse effects on competition, employment, investment, 
productivity, innovation, or the ability of United States-based 
enterprises to compete with foreign-based enterprises in domestic and 
export markets.

Congressional Review Act

    This action pertains to agency management, personnel, and 
organization and does not substantially affect the rights or 
obligations of non-agency parties. Accordingly, it is not a ``rule'' 
for purposes of the reporting requirement of 5 U.S.C. 801.

List of Subjects in 28 CFR Part 0

    Authority delegations (Government agencies), Government employees, 
Organization and functions (Government agencies), Privacy, Reporting 
and recordkeeping requirements, Whistleblowing.

    Accordingly, by virtue of the authority vested in me as Attorney 
General, including 5 U.S.C. 301 and 28 U.S.C. 509, 510, and for the 
reasons set forth in the preamble, part 0 of title 28 of the Code of 
Federal Regulations is amended as follows:

PART 0--ORGANIZATION OF THE DEPARTMENT OF JUSTICE

0
1. The authority citation for part 0 continues to read as follows:

    Authority: 5 U.S.C. 301; 28 U.S.C. 509, 510, 515-19.


0
2. In Sec.  0.160, revise paragraphs (a), (c) introductory text, and 
(c)(2) to read as follows:


Sec.  0.160  Offers that may be accepted by Assistant Attorneys 
General.

    (a) Subject to the limitations set forth in paragraph (d) of this 
section, Assistant Attorneys General are authorized, with respect to 
matters assigned to their respective divisions, to:
    (1) Accept offers in compromise of claims asserted by the United 
States in all cases in which the difference between the gross amount of 
the original claim and the proposed settlement does not exceed 
$10,000,000 or 15 percent of the original claim, whichever is greater;
    (2) Accept offers in compromise of claims asserted by the United 
States in all cases in which a qualified financial expert has 
determined that the offer in compromise is likely the maximum that the 
offeror has the ability to pay;
    (3) Accept offers in compromise of, or settle administratively, 
claims against the United States in all cases in which the principal 
amount of the proposed settlement does not exceed $4,000,000; and
    (4) Accept offers in compromise in all nonmonetary cases.
* * * * *
    (c) Subject to the limitations set forth in paragraph (d) of this 
section, the Assistant Attorney General, Environment and Natural 
Resources Division, is further authorized to approve settlements under 
the Comprehensive Environmental Response, Compensation and Liability 
Act, 42 U.S.C. 9601 et seq., regardless of the amount of the proposed 
settlement, with:
* * * * *
    (2) Parties whose responsibility can be equitably allocated and are 
paying at least the allocated amount.
* * * * *


Sec.  0.162  [Amended]

0
3. Amend Sec.  0.162 by removing the reference to ``Sec.  0.160(c)(2)'' 
and adding in its place ``Sec.  0.160(d)(2)''.
0
4. Amend Sec.  0.168:
0
a. In paragraph (a) by removing the reference to ``Sec. Sec.  0.160(a) 
and (b)'' and adding in its place ``Sec. Sec.  0.160(a), (b), and 
(c)''; and
0
b. By revising paragraphs (d) introductory text and (d)(1).
    The revisions read as follows:


Sec.  0.168  Redelegation by Assistant Attorneys General.

* * * * *
    (d) Subject to the limitations set forth in Sec.  0.160(d) and 
paragraph (a) of this section, redelegations by the Assistant Attorneys 
General to United States Attorneys may include the authority to:
    (1) Accept offers in compromise of claims asserted by the United 
States in all cases in which the gross amount of

[[Page 30619]]

the original claim does not exceed $10,000,000; and
* * * * *


Sec.  0.169  [Amended]

0
5. Amend paragraph (b) of Sec.  0.169 by removing the words ``Customs 
Service's'' and adding in their place the words ``United States Customs 
and Border Protection's''.

    Dated: May 21, 2015.
Loretta E. Lynch,
Attorney General.
[FR Doc. 2015-12991 Filed 5-28-15; 8:45 am]
 BILLING CODE 4410-12-P

30618 Federal Register / Vol. 80, No. 103 / Friday, May 29, 2015 / Rules and Regulations

Finally, this final rule would update Unfunded Mandates Reform Act of 1995 Assistant Attorneys General are
the agency reference in § 0.169(b) This rule will not result in the authorized, with respect to matters
defining the term ‘‘gross amount of the expenditure by State, local, and tribal assigned to their respective divisions,
original claim’’ for purposes of any civil governments, in the aggregate, or by the to:
claim brought under section 592 of the private sector, of $100 million or more (1) Accept offers in compromise of
Tariff Act of 1930, as amended. (adjusted for inflation) in any one year, claims asserted by the United States in
Regulatory Certifications and it will not significantly or uniquely all cases in which the difference
affect small governments. Therefore, no between the gross amount of the original
Administrative Procedure Act actions are necessary under the claim and the proposed settlement does
This rule relates to a matter of agency provisions of the Unfunded Mandates not exceed $10,000,000 or 15 percent of
management or personnel and is a rule Reform Act of 1995, 2 U.S.C. 1501 et the original claim, whichever is greater;
of agency organization, procedure, and seq. (2) Accept offers in compromise of
practice. As such, this rule is exempt claims asserted by the United States in
Small Business Regulatory Enforcement all cases in which a qualified financial
from the usual requirements of prior
Fairness Act of 1996 expert has determined that the offer in
notice and comment and a 30-day delay
in effective date. See 5 U.S.C. 553. This rule is not a major rule as compromise is likely the maximum that
defined by section 251 of the Small the offeror has the ability to pay;
Regulatory Flexibility Act Business Regulatory Enforcement (3) Accept offers in compromise of, or
The Attorney General, in accordance Fairness Act of 1996, 5 U.S.C. 804. This settle administratively, claims against
with the Regulatory Flexibility Act, 5 rule will not result in an annual effect the United States in all cases in which
U.S.C. 605(b), has reviewed this rule, on the economy of $100 million or the principal amount of the proposed
and by approving it, certifies that it will more; a major increase in costs or prices; settlement does not exceed $4,000,000;
not have an impact on a substantial or significant adverse effects on and
number of small entities because it competition, employment, investment, (4) Accept offers in compromise in all
pertains to personnel and administrative productivity, innovation, or the ability nonmonetary cases.
matters affecting the Department. of United States-based enterprises to * * * * *
Further, a Regulatory Flexibility compete with foreign-based enterprises (c) Subject to the limitations set forth
Analysis is not required for this final in domestic and export markets. in paragraph (d) of this section, the
rule because the Department was not Congressional Review Act Assistant Attorney General,
required to publish a general notice of Environment and Natural Resources
proposed rulemaking for this matter. This action pertains to agency
Division, is further authorized to
management, personnel, and
Executive Orders 12866 and 13563 approve settlements under the
organization and does not substantially
Comprehensive Environmental
This rule has been drafted and affect the rights or obligations of non-
Response, Compensation and Liability
reviewed in accordance with Executive agency parties. Accordingly, it is not a
Act, 42 U.S.C. 9601 et seq., regardless of
Order 12866, ‘‘Regulatory Planning and ‘‘rule’’ for purposes of the reporting
the amount of the proposed settlement,
Review,’’ section l(b), Principles of requirement of 5 U.S.C. 801.
with:
Regulation, and with Executive Order List of Subjects in 28 CFR Part 0 * * * * *
13563, ‘‘Improving Regulation and
Regulatory Review.’’ This final rule is Authority delegations (Government (2) Parties whose responsibility can be
‘‘limited to agency organization, agencies), Government employees, equitably allocated and are paying at
management, or personnel matters’’ and Organization and functions least the allocated amount.
thus is not a ‘‘rule’’ as described by (Government agencies), Privacy, * * * * *
Executive Order 12866, section 3(d)(3) Reporting and recordkeeping
requirements, Whistleblowing. § 0.162 [Amended]
and, therefore, is not a ‘‘regulation’’ or
‘‘rule’’ as defined by that Executive Accordingly, by virtue of the ■ 3. Amend § 0.162 by removing the
Order. authority vested in me as Attorney reference to ‘‘§ 0.160(c)(2)’’ and adding
General, including 5 U.S.C. 301 and 28 in its place ‘‘§ 0.160(d)(2)’’.
Executive Order 12988 ■ 4. Amend § 0.168:
U.S.C. 509, 510, and for the reasons set
This regulation meets the applicable forth in the preamble, part 0 of title 28 ■ a. In paragraph (a) by removing the
standards set forth in sections 3(a) and of the Code of Federal Regulations is reference to ‘‘§§ 0.160(a) and (b)’’ and
3(b)(2) of Executive Order 12988, ‘‘Civil amended as follows: adding in its place ‘‘§§ 0.160(a), (b), and
Justice Reform.’’ (c)’’; and
PART 0—ORGANIZATION OF THE ■ b. By revising paragraphs (d)
Executive Order 13132 DEPARTMENT OF JUSTICE introductory text and (d)(1).
This rule will not have substantial The revisions read as follows:
direct effects on the States, on the ■ 1. The authority citation for part 0
relationship between the national continues to read as follows: § 0.168 Redelegation by Assistant
government and the States, or on the Authority: 5 U.S.C. 301; 28 U.S.C. 509, Attorneys General.
distribution of power and 510, 515–19. * * * * *
responsibilities among the various ■ 2. In § 0.160, revise paragraphs (a), (c) (d) Subject to the limitations set forth
levels of government. Therefore, in in § 0.160(d) and paragraph (a) of this
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introductory text, and (c)(2) to read as
accordance with Executive Order 13132, follows: section, redelegations by the Assistant
‘‘Federalism,’’ the Department has Attorneys General to United States
determined that this rule does not have § 0.160 Offers that may be accepted by Attorneys may include the authority to:
sufficient federalism implications to Assistant Attorneys General. (1) Accept offers in compromise of
warrant the preparation of a federalism (a) Subject to the limitations set forth claims asserted by the United States in
summary impact statement. in paragraph (d) of this section, all cases in which the gross amount of

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Federal Register / Vol. 80, No. 103 / Friday, May 29, 2015 / Rules and Regulations 30619

the original claim does not exceed information about the docket available any Confidential Business Information
$10,000,000; and at http://www.epa.gov/dockets. (CBI)) for inclusion in the public docket.
* * * * * FOR FURTHER INFORMATION CONTACT: Information not marked confidential
Susan Lewis, Registration Division pursuant to 40 CFR part 2 may be
§ 0.169 [Amended] (7505P), Office of Pesticide Programs, disclosed publicly by EPA without prior
■ 5. Amend paragraph (b) of § 0.169 by Environmental Protection Agency, 1200 notice. Submit the non-CBI copy of your
removing the words ‘‘Customs Pennsylvania Ave. NW., Washington, objection or hearing request, identified
Service’s’’ and adding in their place the DC 20460–0001; main telephone by docket ID number EPA–HQ–OPP–
words ‘‘United States Customs and number: (703) 305–7090; email address: 2014–0230, by one of the following
Border Protection’s’’. RDFRNotices@epa.gov. methods:
• Federal eRulemaking Portal: http://
Dated: May 21, 2015. SUPPLEMENTARY INFORMATION:
www.regulations.gov. Follow the online
Loretta E. Lynch,
I. General Information instructions for submitting comments.
Attorney General. Do not submit electronically any
[FR Doc. 2015–12991 Filed 5–28–15; 8:45 am] A. Does this action apply to me?
information you consider to be CBI or
BILLING CODE 4410–12–P You may be potentially affected by other information whose disclosure is
this action if you are an agricultural restricted by statute.
producer, food manufacturer, or • Mail: OPP Docket, Environmental
ENVIRONMENTAL PROTECTION pesticide manufacturer. The following Protection Agency Docket Center
AGENCY list of North American Industrial (EPA/DC), (28221T), 1200 Pennsylvania
Classification System (NAICS) codes is Ave. NW., Washington, DC 20460–0001.
40 CFR Part 180 not intended to be exhaustive, but rather • Hand Delivery: To make special
provides a guide to help readers arrangements for hand delivery or
[EPA–HQ–OPP–2014–0230; FRL–9927–11] delivery of boxed information, please
determine whether this document
applies to them. Potentially affected follow the instructions at http://
Metconazole; Pesticide Tolerances
entities may include: www.epa.gov/dockets/contacts.html.
AGENCY: Environmental Protection • Crop production (NAICS code 111). Additional instructions on commenting
Agency (EPA). • Animal production (NAICS code or visiting the docket, along with more
ACTION: Final rule. 112). information about dockets generally, is
• Food manufacturing (NAICS code available at
SUMMARY: This regulation establishes 311). http://www.epa.gov/dockets.
tolerances for residues of metconazole • Pesticide manufacturing (NAICS
code 32532). II. Summary of Petitioned-For
in or on multiple commodities which
Tolerance
are identified and discussed later in this B. How can I get electronic access to
document. Interregional Research In the Federal Register of May 23,
other related information? 2014 (79 FR 29729) (FRL–9910–29),
Project Number 4 (IR–4) requested these
tolerances under the Federal Food, You may access a frequently updated EPA issued a document pursuant to
Drug, and Cosmetic Act (FFDCA). In electronic version of EPA’s tolerance FFDCA section 408(d)(3), 21 U.S.C.
addition, this regulation removes regulations at 40 CFR part 180 through 346a(d)(3), announcing the filing of a
established tolerances for certain the Government Publishing Office’s e- pesticide petition (PP 4E8244) by
commodities/groups superseded by this CFR site at http://www.ecfr.gov/cgi-bin/ Interregional Research Project Number 4
action, and deletes expired tolerances. text-idx?&c=ecfr&tpl=/ecfrbrowse/ (IR–4), 500 College Road East, Suite 201
Title40/40tab_02.tpl. W, Princeton, NJ 08540. The petition
DATES: This regulation is effective May
requested that 40 CFR 180.617 be
29, 2015. Objections and requests for C. How can I file an objection or hearing amended by establishing tolerances for
hearings must be received on or before request? residues of the fungicide metconazole,
July 28, 2015, and must be filed in Under FFDCA section 408(g), 21 5-[(4-chlorophenyl)methyl]-2,-2-
accordance with the instructions U.S.C. 346a, any person may file an dimethyl-1-(1H-1,2,4-triazol-1-
provided in 40 CFR part 178 (see also objection to any aspect of this regulation ylmethyl)-cyclopentanol, in or on fruit,
Unit I.C. of the SUPPLEMENTARY and may also request a hearing on those stone, group 12–12 at 0.2 parts per
INFORMATION).
objections. You must file your objection million (ppm); nut, tree, group 14–12 at
ADDRESSES: The docket for this action, or request a hearing on this regulation 0.04 ppm; pea and bean, dried shelled,
identified by docket identification (ID) in accordance with the instructions except soybean, subgroup 6C at 0.15
number EPA–HQ–OPP–2014–0230, is provided in 40 CFR part 178. To ensure ppm; rapeseed subgroup 20A at 0.08
available at http://www.regulations.gov proper receipt by EPA, you must ppm; and sunflower subgroup 20B at 0.9
or at the Office of Pesticide Programs identify docket ID number EPA–HQ– ppm. The petition also requested that
Regulatory Public Docket (OPP Docket) OPP–2014–0230 in the subject line on current established tolerances for
in the Environmental Protection Agency the first page of your submission. All residues of the fungicide metconazole in
Docket Center (EPA/DC), West William objections and requests for a hearing or on canola seed at 0.04 ppm; fruit,
Jefferson Clinton Bldg., Rm. 3334, 1301 must be in writing, and must be stone, group 12 at 0.20 ppm; pistachio
Constitution Ave. NW., Washington, DC received by the Hearing Clerk on or at 0.04 ppm; and nut, tree, group 14 at
20460–0001. The Public Reading Room before July 28, 2015. Addresses for mail 0.04 ppm be removed once the proposed
is open from 8:30 a.m. to 4:30 p.m., and hand delivery of objections and tolerances were approved. That
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Monday through Friday, excluding legal hearing requests are provided in 40 CFR document referenced a summary of the
holidays. The telephone number for the 178.25(b). petition prepared by Valent U.S.A
Public Reading Room is (202) 566–1744, In addition to filing an objection or Corporation, the registrant, which is
and the telephone number for the OPP hearing request with the Hearing Clerk available in the docket, http://
Docket is (703) 305–5805. Please review as described in 40 CFR part 178, please www.regulations.gov. Comments were
the visitor instructions and additional submit a copy of the filing (excluding received on the notice of filing. EPA’s

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Document Created: 2015-12-15 15:31:33
Document Modified: 2015-12-15 15:31:33

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Final rule.
Dates		Effective May 29, 2015
Contact		August E. Flentje, Acting Deputy Assistant Attorney General, Civil Division, Department of Justice, Washington, DC 20530; (202) 514-3309.
FR Citation		80 FR 30617
CFR Associated		Authority Delegations (government Agencies); Government Employees; Organization and Functions (government Agencies); Privacy; Reporting and Recordkeeping Requirements and Whistleblowing

80 FR 30617 - Authority of the Assistant Attorneys General To Compromise or Close Civil Claims

DEPARTMENT OF JUSTICEOffice of the Attorney General

Federal Register Volume 80, Issue 103 (May 29, 2015)

DEPARTMENT OF JUSTICE
Office of the Attorney General