22236 Federal Register / Vol. 77, No. 72 / Friday, April 13, 2012 / Proposed Rules 

REGULATORY REVIEW—Continued 

MODIFIED TEN-YEAR SCHEDULE

16 CFR part Topic Year to review 

641 .................... Duties of Users of Consumer Reports Regarding Address Discrepancies ....................................... 2020. 

642 .................... Prescreen Opt-Out Notice .................................................................................................................. 2020. 

660 .................... Duties of Furnishers of Information to Consumer Reporting Agencies ............................................. 2020. 

680 .................... Affiliate Marketing ............................................................................................................................... 2020. 

698 .................... Model Forms and Disclosures ............................................................................................................ 2020. 

801 .................... [Hart-Scott-Rodino Antitrust Improvements Act] Coverage Rules ..................................................... 2020. 

802 .................... [Hart-Scott-Rodino Antitrust Improvements Act] Exemption Rules .................................................... 2020. 

803 .................... [Hart-Scott-Rodino Antitrust Improvements Act] Transmittal Rules ................................................... 2020. 

437 .................... Disclosure Requirements and Prohibitions Concerning Business Opportunities .............................. 2021. 

[FR Doc. 2012–8742 Filed 4–12–12; 8:45 am] 

BILLING CODE 6750–01–P 

DEPARTMENT OF LABOR 

Office of the Secretary of Labor 

29 CFR Part 15 

Employment and Training 

Administration 

20 CFR Parts 638 and 670 

RIN 1290–AA25 

Administrative Claims Under the 

Federal Tort Claims Act and Related 

Statutes 

AGENCY: Office of the Secretary, 

Employment and Training 

Administration, Labor. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: This amendment revises the 

Department of Labor’s (DOL’s) 

regulations governing administrative 

claims submitted to DOL pursuant to 

the Federal Tort Claims Act (FTCA), the 

Military Personnel and Civilian 

Employees’ Claims Act (MPCECA), and 

for payment of claims arising out of the 

operation of the Job Corps. The 

regulations governing such claims were 

last revised in 1995. MPCECA has since 

been amended to allow payment of up 

to $100,000 if the claim arose from an 

emergency or extraordinary 

circumstance. Further, the 

implementing authority for the Job 

Corps was changed to the Workforce 

Investment Act (WIA) since the last time 

the regulations were updated. These 

regulations are being amended to reflect 

those changes, improve the clarity and 

ease of use of the regulations, and to 

harmonize the regulations governing 

these claims between those regulations 

in titles 20 and 29 of the CFR, which 

includes deleting the references to these 

claims in 20 CFR part 638 as these 

revisions have rendered those sections 

unnecessary. Finally, the regulations in 

title 20 have also been updated to reflect 

the recently revised regulations 

regarding claims of Job Corps students 

under the Federal Employees’ 

Compensation Act (FECA). 

DATES: Written comments must be 

received on or before June 12, 2012. 

ADDRESSES: You may submit comments 

on the proposed rule, identified by 

Regulatory Information Number (RIN) 

1290–AA25, by ONE of the following 

methods: 

Federal e-Rulemaking Portal: The 

Internet address to submit comments on 

the rule is http://www.regulations.gov. 

Follow the Web site instructions for 

submitting comments. 

Mail: Submit written comments to 

Catherine P. Carter, Counsel for Claims 

and Compensation, Office of the 

Solicitor, U.S. Department of Labor, 

Room S–4325, 200 Constitution Avenue 

NW., Washington, DC 20210. Because of 

security measures, mail directed to 

Washington, DC is sometimes delayed. 

We will only consider comments 

postmarked by the U.S. Postal Service or 

other delivery service on or before the 

deadline for comments. 

Instructions: All comments must 

include the RIN 1290–AA25 for this 

rulemaking. Receipt of any comments, 

whether by mail or Internet, will not be 

acknowledged. Because DOL continues 

to experience delays in receiving postal 

mail in the Washington, DC area, 

commenters are encouraged to submit 

any comments by mail early. 

Comments on the proposed rule will 

be available for public inspection during 

normal business hours at the address 

listed above for mailed comments. 

Persons who need assistance to review 

the comments will be provided with 

appropriate aids such as readers or print 

magnifiers. Copies of this proposed rule 

may be obtained in alternative formats 

(e.g., large print, audiotape or disk) 

upon request. To schedule an 

appointment to review the comments 

and/or to obtain the proposed rule in an 

alternative format, contact DOL at 202– 

693–5320 (this is not a toll-free 

number). 

FOR FURTHER INFORMATION CONTACT: 

Catherine P. Carter, Counsel for Claims 

and Compensation, Office of the 

Solicitor, U.S. Department of Labor, 

Room S–4325, 200 Constitution Avenue 

NW., Washington, DC 20210, 

Telephone: 202–693–5320 (this is not a 

toll-free number). Individuals with 

hearing or speech impairments may 

access this telephone number via TTY 

by calling the toll-free Federal 

Information Relay Service at 1–800– 

877–8339. 

SUPPLEMENTARY INFORMATION: 

I. Proposed Rule and Concurrent, 

Identical Direct Final Rule 

Since this rule is not controversial 

and primarily concerns agency 

procedures, we have determined that 

the subject of this rulemaking is suitable 

for a direct final rule. No significant 

adverse comments are anticipated. 

Accordingly, concurrent with this 

proposed rule, a separate, identical 

direct final rule is published in today’s 

issue of the Federal Register. The 

duplicate direct final rule will expedite 

rulemaking in the event no significant 

adverse comments are received and we 

withdraw this notice of proposed 

rulemaking. All interested parties 

should comment at this time because we 

will not initiate an additional comment 

period. If no significant adverse 

comments to the accompanying 

proposed rule are received on or before 

June 12, 2012, the direct final rule will 

become effective July 12, 2012 without 

further notice. 

If significant adverse comments are 

received, we will publish a timely 

notice in the Federal Register 

withdrawing the direct final rule, and 

will then proceed with the rulemaking 

by addressing the comments and 

developing a final rule from this 

proposed rule. For purposes of 

withdrawing the direct final rule, a 

significant adverse comment is one that 

explains (1) why the direct final rule is 


tkelley on DSK3SPTVN1PROD with PROPOSALS
Federal Register / Vol. 77, No. 72 / Friday, April 13, 2012 / Proposed Rules 22237 

inappropriate, including challenges to 

the rule’s underlying premise or 

approach; or (2) why the direct final 

rule will be ineffective or unacceptable 

without a change. In determining 

whether a significant adverse comment 

necessitates withdrawal of the direct 

final rule, we will consider whether the 

comment raises an issue serious enough 

to warrant a substantive response 

through the notice and comment 

process. A comment recommending an 

addition to the rule will not be 

considered significant and adverse 

unless the comment explains how this 

rule would be ineffective without the 

addition. 

II. Background 

The FTCA surrenders the sovereign 

immunity of the United States for the 

negligent or wrongful act or omission of 

a Government employee acting within 

the scope of his or her employment. The 

MPCECA authorizes payment of claims 

of employees of the Government for loss 

of, or damage to, property incident to 

Government service. The WIA provides 

that Job Corps students are Federal 

employees for purposes of claims under 

the FTCA and authorizes payment of 

claims arising out of the operation of the 

Job Corps that are not cognizable under 

the FTCA. Parts 638 and 670 of title 20 

and part 15 of title 29 of the Code of 

Federal Regulations currently contain 

regulations implementing these three 

claims authorities. 

III. Overview of the Regulations 

The regulations reflect statutory 

changes and are otherwise largely 

unchanged. The majority of changes 

were made to change the format of 29 

CFR part 15 to question and answer 

format, and to improve the structure and 

readability of the regulations in both 20 

CFR part 670 and 29 CFR part 15. 

Furthermore, the numbering of sections 

in 29 CFR part 15 was changed to 

improve structure and to allow for 

splitting of current sections for 

improved clarity and readability. 

20 CFR Part 638 

Sections 638.526 Through 638.527 

As the changes made to 20 CFR part 

670 and 29 CFR part 15 have rendered 

these sections unnecessary, the 

regulations delete these sections. 

20 CFR Part 670 

Sections 670.900 Through 670.905 

These sections were changed to direct 

possible claimants to 29 CFR part 15, 

which provides the actual regulations 

that govern such claims. This change 

was made to reduce the possibility of 

conflicting regulations and to clarify 

which regulations provide the 

decisionmaking authority for such 

claims. 

Sections 670.910 Through 670.930 

These sections provide information 

for Job Corps students regarding their 

rights under the FECA. These sections 

were similarly amended to provide 

cross-references to the regulations 

governing claims under the FECA, while 

still providing the statutory information 

regarding the status of such students 

under the WIA. Sections no longer 

necessary as a result were removed. 

29 CFR Part 15 

As discussed above, 29 CFR part 15 

was reorganized and the regulations 

themselves were modified to change to 

a question and answer format to 

promote clarity and readability of these 

regulations. As part of the 

reorganization, a new subpart A was 

added to this part, with the other 

subparts redesignated accordingly. 

Subpart A 

Subpart A of part 15 is a new subpart. 

It includes introductory information, 

such as describing the contents of the 

other subparts and definitions that 

apply to all subparts in this part. 

Subpart B 

Subpart B is largely subpart A of the 

old regulations. The text in this subpart 

is largely unchanged, although some of 

the old regulations have been broken 

out into new sections in order to 

promote clarity and use of a question 

and answer format. Changes in these 

sections are described below. 

Section 15.102 is a new section that 

describes the filing of a claim by an 

insurance company and compiles the 

requirements into one section. The 

language of this section has also been 

rewritten for clarity. 

Section 15.103 is a new section that 

addresses legal representatives and 

compiles them into one section. The 

statutory limitation on representative 

fees has also been included for ease of 

use. 

Section 15.104 (formerly § 15.4) has 

been amended to clarify that the 

$25,000 jurisdictional limit applies to 

the aggregate of claims resulting from 

one incident. Furthermore, this section 

has been amended to codify the official 

duty stations current practice of 

forwarding the FTCA claims to the 

Regional Offices of the Office of the 

Solicitor with the documentation they 

have regarding that claim. 

Section 15.106 (formerly § 15.6) has 

been amended to include a requirement 

that all organizational units within the 

Department appoint an FTCA contact, 

unless that requirement for a contact is 

waived. For example, a small entity 

within the Office of the Secretary for 

which claims are rarely received would 

not be required to designate an FTCA 

contact. This section has also been 

amended to require the FTCA contact to 

submit an administrative report to the 

deciding official within 30 days. 

Section 15.108 (formerly § 15.7) has 

been amended to clarify that the 

$25,000 jurisdictional limit applies to 

the aggregate of claims resulting from 

one incident. 

Section 15.111 (formerly § 15.10) has 

been amended to clarify that the 

$25,000 jurisdictional limit applies to 

the aggregate of claims resulting from 

one incident and to update the forms 

used by the Department of Justice in 

settling and paying FTCA claims. 

Subpart C 

As above, subpart C is largely a 

redesignated version of former subpart 

B. The text in this subpart is largely 

unchanged, although some of the old 

regulations have been broken out into 

new sections in order to promote clarity. 

Changes in these sections are described 

below. 

Section 15.202 (formerly a subsection 

of § 15.21) has been amended to include 

a reference to a sample claim for 

MPCECA claims and to note that the 

SF–95 form should not be used to file 

a claim under this subpart. This section 

has also been amended to allow the 

deciding official to waive the 

requirement of submitting two estimates 

of repair where unnecessary, lessening 

the burden on claimants in submitting 

these claims. 

Section 15.206 is a new section that 

covers MPCECA claims made for 

damage to property at Telework 

locations and at residences. 

Section 15.207 (formerly § 15.22) has 

been amended to include language 

allowing claims for loss or damage 

incident to service to cellular phones, 

personal data assistants and similar 

communication and electronic devices. 

Section 15.210 has been amended to 

allow the deciding official to waive the 

requirement of filing a claim under the 

employee’s insurance policy where such 

a claim is impracticable or inequitable. 

Subpart D 

As above, subpart D is largely a 

redesignated version of former subpart 

C. This subpart, however, has been 

reorganized to clearly delineate the 

types of claims that are covered by this 

subpart. Changes in these sections are 

described below. 


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22238 Federal Register / Vol. 77, No. 72 / Friday, April 13, 2012 / Proposed Rules 

Section 15.300 is a new section that 

has been drafted to specifically 

categorize the types of claims covered 

by this subpart. This section also clearly 

indicates that this includes claims 

involving Job Corps Centers run by 

other Federal agencies. 

Section 15.301 (part of former § 15.42) 

has been amended to clearly delineate 

which Department official has 

responsibility for which type of claim 

and for what amounts. It more clearly 

describes and explains the procedures 

for processing claims of loss or damage 

to persons or personal property of Job 

Corps students than the current 

regulations. In particular, it provides 

that the Regional Solicitor is responsible 

for such claims in excess of $300 and 

the Job Corps Regional Director is 

responsible for such claims of $300 or 

less. 

Section 15.302 is a new section that 

has been added to distinguish what 

procedures apply to the different types 

of claims covered by this subpart. 

Section 15.303 (part of former § 15.42) 

has been amended to change the process 

as to where claims under this subpart 

are initially filed. The new procedures 

require all claims under the WIA must 

first be filed with the Job Corps Regional 

Office. 

Section 15.304 combines all prior 

subsections regarding limits on claims 

under the WIA into one new section. 

IV. Administrative Requirements for 

the Proposed Rulemaking 

Executive Orders 12866 and 13563 

Executive Order 12866 directs 

agencies to assess all costs and benefits 

of available regulatory alternatives and, 

if regulation is necessary, to select 

regulatory approaches that maximize 

net benefits (including potential 

economic, environmental, public health 

and safety effects; distributive impacts; 

and equity). Executive Order 13563 is 

supplemental to and reaffirms the 

principles, structures, and definitions 

governing regulatory review as 

established in Executive Order 12866. 

The Department has determined that 

this proposed rule is not a ‘‘significant 

regulatory action’’ under Executive 

Order 12866, section 3(f). Accordingly, 

there is no requirement for an 

assessment of potential costs and 

benefits under section 6(a)(3) of that 

order. 

Regulatory Flexibility Act of 1980 

This proposed rule has been reviewed 

in accordance with the Regulatory 

Flexibility Act of 1980, as amended by 

the Small Business Regulatory 

Enforcement Fairness Act of 1996, 5 

U.S.C. 601–612. The Department has 

concluded that the proposed rule does 

not involve regulatory and 

informational requirements regarding 

businesses, organizations, and 

governmental jurisdictions subject to 

regulation. 

Paperwork Reduction Act (PRA) 

This proposed rule is not subject to 

the Paperwork Reduction Act (PRA) of 

1995, 44 U.S.C. 3501, et seq., since it 

does not contain any new collection of 

information requirements. 

The National Environmental Policy Act 

of 1969 

The Department certifies that this 

proposed rule has been assessed in 

accordance with the requirements of the 

National Environmental Policy Act of 

1969, 42 U.S.C. 4321 et seq. (NEPA). 

The Department concludes that NEPA 

requirements do not apply to this 

rulemaking because this proposed rule 

includes no provisions impacting the 

maintenance, preservation, or 

enhancement of a healthful 

environment. 

Federal Regulations and Policies on 

Families 

The Department has reviewed this 

proposed rule in accordance with the 

requirements of section 654 of the 

Treasury and General Government 

Appropriations Act of 1999, 5 U.S.C. 

601 note. This proposed rule was not 

found to have a potential negative effect 

on family well-being as it is defined 

thereunder. 

Executive Order 13045: Protection of 

Children From Environmental Health 

Risks and Safety Risks 

The Department certifies that this 

proposed rule has been assessed 

regarding environmental health risks 

and safety risks that may 

disproportionately affect children. This 

proposed rule was not found to have a 

potential negative effect on the health or 

safety of children. 

Unfunded Mandates Reform Act of 1995 

and Executive Order 13132 

The Department has reviewed this 

proposed rule in accordance with the 

requirements of Executive Order 13132, 

64 FR 43225, Aug. 10, 1999, and the 

Unfunded Mandates Reform Act of 

1995, 2 U.S.C. 1501 et seq., and has 

found no potential or 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. As there 

is no Federal mandate contained herein 

that could result in increased 

expenditures by State, local, or tribal 

governments or by the private sector, 

the Department has not prepared a 

budgetary impact statement. 

Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

The Department has reviewed this 

proposed rule in accordance with 

Executive Order 13175, 65 FR 67249, 

Nov. 9, 2000, and has determined that 

it does not have ‘‘tribal implications.’’ 

The proposed rule does not ‘‘have 

substantial direct effects on one or more 

Indian tribes, on the relationship 

between the Federal government and 

Indian tribes, or on the distribution of 

power and responsibilities between the 

Federal government and Indian tribes.’’ 

Executive Order 12630: Governmental 

Actions and Interference With 

Constitutionally Protected Property 

Rights 

The Department has reviewed this 

proposed rule in accordance with 

Executive Order 12630, 53 FR 8859, 

Mar. 15, 1988, and has determined that 

it does not contain any ‘‘policies that 

have takings implications’’ in regard to 

the ‘‘licensing, permitting, or other 

condition requirements or limitations 

on private property use, or that require 

dedications or exactions from owners of 

private property.’’ 

Executive Order 13211: Energy Supply, 

Distribution, or Use 

The Department has reviewed this 

proposed rule and has determined that 

the provisions of Executive Order 

13211, 66 FR 28355, May 18, 2001, are 

not applicable as there are no direct or 

implied effects on energy supply, 

distribution, or use. 

The Privacy Act of 1974, 5 U.S.C. 552a, 

as Amended 

Claims filed under these regulations 

are subject to the current Privacy Act 

System of Records DOL/SOL–3, Tort 

Claims Files; DOL/SOL–5,Workforce 

Investment Act Tort Claims Files; DOL/ 

SOL–6, Military Personnel and Civilian 

Employees’ Claims; and DOL/GOVT–1, 

Office of Workers’ Compensation 

Programs, Federal Employees’ 

Compensation Act File. 67 FR 16816, 

Apr 8, 2002. 

Clarity of This Regulation 

Executive Order 12866, 58 FR 51735, 

Sept. 30, 1993, and the President’s 

memorandum of June 1, 1998, require 

each agency to write all rules in plain 

language. This proposed rule was 


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Federal Register / Vol. 77, No. 72 / Friday, April 13, 2012 / Proposed Rules 22239 

written to improve the clarity of the rule 

in accordance with that Order. 

List of Subjects 

20 CFR Part 638 

Administrative practice and 

procedure, Claims, Government 

employees, Labor, Workers’ 

compensation. 

20 CFR Part 670 

Administrative practice and 

procedure, Claims, Government 

employees, Labor, Workers’ 

compensation. 

29 CFR Part 15 

Tort claims, Indemnity payments, 

Administrative practice and procedure, 

Government employees. 

For the reasons set forth in the 

preamble, the Department of Labor 

proposes to amend 20 CFR parts 638 

and 670 and 29 CFR part 15 as follows: 

Title 20—Employees’ Benefits 

PART 638—JOB CORPS PROGRAM 

UNDER TITLE IV–B OF THE JOB 

TRAINING PARTNERSHIP ACT 

1. The authority citation for 20 CFR 

part 638 continues to read as follows: 

Authority: 29 U.S.C. 1579(a). 

§§ 638.526 and 838.527 [Removed] 

2. Remove §§ 638.526 and 838.527. 

PART 670—THE JOB CORPS UNDER 

TITLE I OF THE WORKFORCE 

INVESTMENT ACT 

3. The authority citation for 20 CFR 

part 670 continues to read as follows: 

Authority: Subtitle C of Title I, sec. 506(c), 

Pub. L. 105–220, 112 Stat. 936 (20 U.S.C. 

2881 et seq. and 9276(c)); 5 U.S.C. 301; 

Executive Order 13198, 66 FR 8497, 3 CFR 

2001 Comp., p. 750; Executive Order 13279, 

67 FR 77141, 3 CFR 2002 Comp., p. 258. 

4. Revise § 670.900 to read as follows: 

§ 670.900 Are damages caused by the acts 

or omissions of students eligible for 

payment under the Federal Tort Claims 

Act? 

Yes, students are considered Federal 

employees for purposes of the FTCA (28 

U.S.C. 2671 et seq.). Claims for such 

damage should be filed pursuant to the 

procedures found in 29 CFR part 15, 

subpart D. 

5. Revise § 670.905 to read as follows: 

§ 670.905 Are loss and damages that 

occur to persons or personal property of 

students at Job Corps centers eligible for 

reimbursement? 

Yes, the Job Corps may pay students 

for valid claims under the procedures 

found in 29 CFR part 15, subpart D. 

6. Revise § 670.910 to read as follows: 

§ 670.910 If a student is injured in the 

performance of duty as a Job Corps 

Student, what benefits may they receive? 

(a) Job Corps students are considered 

Federal employees for purposes of the 

Federal Employees’ Compensation Act 

(FECA) as specified in 29 U.S.C. 2897. 

(b) Job Corps students may be entitled 

to benefits under FECA as provided by 

5 U.S.C. 8143 for injuries occurring in 

the performance of duty. 

(c) Job Corps students must meet the 

same eligibility tests for FECA benefits 

that apply to all other Federal 

employees. The requirements for FECA 

benefits may be found at 5 U.S.C. 8101, 

et seq. and part 10 of this title. The 

Department of Labor’s Office of 

Workers’ Compensation Programs 

(OWCP) administers the FECA program; 

all FECA determinations are within the 

exclusive authority of the OWCP, 

subject to appeal to the Employees’ 

Compensation Appeals Board. 

(d) Whenever a student is injured, 

develops an occupationally related 

illness, or dies while in the performance 

of duty, the procedures of the OWCP, at 

part 10 of this title, must be followed. 

To assist OWCP in determining FECA 

eligibility, a thorough investigation of 

the circumstances and a medical 

evaluation must be completed and 

required forms timely filed by the center 

operator with the DOL’s OWCP. 

Additional information regarding Job 

Corps FECA claims may be found in 

OWCP’s regulations and procedures 

available on DOL’s Web site located at 

www.dol.gov. 

7. Revise § 670.915 to read as follows: 

§ 670.915 When is a Job Corps student 

considered to be in the performance of 

duty? 

(a) Performance of duty is a 

determination that must be made by the 

OWCP under FECA, and is based on the 

individual circumstances in each claim. 

(b) In general, residential students 

may be considered to be in the 

‘‘performance of duty’’ when: 

(1) They are on center under the 

supervision and control of Job Corps 

officials; 

(2) They are engaged in any 

authorized Job Corps activity; 

(3) They are in authorized travel 

status; or 

(4) They are engaged in any 

authorized offsite activity. 

(c) Non-resident students are 

generally considered to be ‘‘in 

performance of duty’’ as Federal 

employees when they are engaged in 

any authorized Job Corps activity, from 

the time they arrive at any scheduled 

center activity until they leave the 

activity. The standard rules governing 

coverage of Federal employees during 

travel to and from work apply. These 

rules are described in guidance issued 

by the Secretary. 

(d) Students are generally considered 

to be not in the performance of duty 

when: 

(1) They are Absent Without Leave 

(AWOL); 

(2) They are at home, whether on pass 

or on leave; 

(3) They are engaged in an 

unauthorized offsite activity; or 

(4) They are injured or ill due to their 

own willful misconduct, intent to cause 

injury or death to oneself or another or 

through intoxication or illegal use of 

drugs. 

§§ 670.920, 670.925, and 670.930 

[Removed] 

8. Remove §§ 670.920, 670.925, and 

670.930. 

Title 29—Labor 

9. Revise Part 15 to read as follows: 

PART 15—ADMINISTRATIVE CLAIMS 

UNDER THE FEDERAL TORT CLAIMS 

ACT AND RELATED CLAIMS 

STATUTES 

Sec. 

Subpart A—Introduction 

15.1 What is the scope and purpose of this 

part? 

15.2 What definitions apply to this part? 

Subpart B—Claims Against the Government 

Under the Federal Tort Claims Act 

15.100 What claims against the Department 

are covered by the FTCA? 

15.101 Who may file an administrative 

claim under the FTCA against the 

Department? 

15.102 May an insurance company file an 

FTCA administrative claim on behalf of 

a claimant? 

15.103 May an agent or legal representative 

file an FTCA administrative claim on 

behalf of a claimant? 

15.104 Where should the FTCA 

administrative claim be filed? 

15.105 What information and evidence 

should be provided to DOL to 

substantiate an FTCA administrative 

claim? 

15.106 How is the administrative claim 

processed? 

15.107 What must be provided in the 

administrative report? 

15.108 Who is authorized to decide an 

administrative claim? 

15.109 What if the claim is denied? 

15.110 What must a claimant do if the 

administrative claim is approved? 

15.111 If the administrative claim is 

approved, how is the award paid? 


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22240 Federal Register / Vol. 77, No. 72 / Friday, April 13, 2012 / Proposed Rules 

Subpart C—Claims Under the Military 

Personnel and Civilian Employees’ Claims 

Act of 1964 

15.200 What is a claim under the MPCECA 

and who may file such a claim? 

15.201 Where should the MPCECA claim be 

filed? 

15.202 How is a claim filed under the 

MPCECA? 

15.203 When should a claim under the 

MPCECA be filed? 

15.204 Are there limits on claims under the 

MPCECA? 

15.205 What types of claims for property 

damage are allowed under the MPCECA? 

15.206 What claims arising at a residence or 

Telework location may be covered under 

the MPCECA? 

15.207 What are examples of claims 

allowed under the MPCECA? 

15.208 What are the restrictions on 

otherwise allowable claims? 

15.209 What claims are not allowed? 

15.210 What affect does insurance have on 

a claim under the MPCECA? 

15.211 How is a claim under this subpart 

processed? 

15.212 How is the amount of the award 

under this subpart calculated? 

15.213 Are there limits to representatives’ 

fees for claims under this subpart? 

15.214 How may a decision under this 

subpart be reconsidered? 

Subpart D—Claims Arising Out of the 

Operation of the Job Corps 

15.300 How are claims involving the Job 

Corps initiated? 

15.301 What office is responsible for 

determining liability in claims arising 

out of the Job Corps? 

15.302 What procedures apply to these 

claims? 

15.303 How does a Job Corps student file a 

claim for loss of or damages to personal 

property under the WIA? 

15.304 Are there limits to claims for loss of 

or damages to personal property under 

the WIA? 

Authority: 28 U.S.C. 2672; 28 CFR 14.11; 

31 U.S.C. 3721; 29 U.S.C. 2897(b). 

Subpart A—Introduction 

§ 15.1 What is the scope and purpose of 

this part? 

(a) The regulations in this part 

provide procedures to be followed for 

claims asserted against the Department 

of Labor under the Federal Tort Claims 

Act, 28 U.S.C. 2671, et seq., under the 

Military Personnel and Civilian 

Employees’ Claims Act of 1964, 31 

U.S.C. 3721, and for claims arising out 

of the operation of Job Corps Centers 

under the Workforce Investment Act of 

1998, 29 U.S.C. 2897(b). 

(b) Subpart B of this part provides the 

procedures followed in processing 

claims asserted 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 the Department of Labor 

while acting within the scope of his or 

her office or employment. This subpart 

is issued subject to and consistent with 

applicable regulations on administrative 

claims under the Federal Tort Claims 

Act issued by the Attorney General (28 

CFR part 14). 

(c) Subpart C of this part provides the 

procedures for processing claims filed 

by or on behalf of employees of the 

Department of Labor for loss of or 

damage to personal property incident to 

their service with the Department under 

the Military Personnel and Civilian 

Employees’ Claims Act of 1964. 

(d) Subpart D of this part provides the 

procedures used in processing claims 

relating to damage to persons or 

property arising out of the operation of 

Job Corps, pursuant to the Workforce 

Investment Act, including damages 

under the Federal Tort Claims Act, 

damage to personal property of Job 

Corps students, and claims which the 

Secretary of Labor finds to be a proper 

charge against the United States but 

which are not cognizable under the 

Federal Tort Claims Act. 

§ 15.2 What definitions apply to this part? 

(a) Department means the Department 

of Labor. 

(b) Organizational unit means the 

jurisdictional area of each Assistant 

Secretary and each office head within 

the Department reporting directly to the 

Secretary. 

(c) Counsel for Claims and 

Compensation means the Department’s 

deciding official in the Office of the 

Solicitor for certain administrative 

claims under this part. The address for 

the Counsel for Claims and 

Compensation is U.S. Department of 

Labor, 200 Constitution Avenue NW., 

Suite S4325, Washington, DC 20210. 

Telephone and fax numbers for this 

official may be found on the 

Department’s Web site at www.dol.gov. 

(d) Regional Solicitor means the head 

of the appropriate Regional Office 

(Regional Solicitor) or Branch Office 

(Associate Regional Solicitor) of the 

Office of Solicitor with jurisdiction to 

handle certain claims under this part. 

(e) FTCA means the Federal Tort 

Claims Act, as amended, 28 U.S.C. 

1346(b), 28 U.S.C. 2671, et seq. 

(f) MPCECA means the Military 

Personnel and Civilian Employees’ 

Claims Act of 1964, 31 U.S.C. 3721. 

(g) WIA means the Workforce 

Investment Act of 1998, 29 U.S.C. 

2897(b). 

Subpart B—Claims Against the 

Government Under the Federal Tort 

Claims Act 

§ 15.100 What claims against the 

Department are covered by the FTCA? 

(a) The FTCA is a limited waiver of 

sovereign immunity that allows claims 

for money damages against the 

Department for negligent acts or 

omissions of its employees acting 

within the course and scope of their 

employment. Subject to the exception 

set forth in paragraph (b) of this section, 

all such claims against the Department 

should be handled under the procedures 

in this subpart. 

(b) In instances where a third party 

has agreed to insure the Federal 

government, such as under a U.S. 

Government Car Rental Agreement, 

claimants are required to pursue those 

claims in accordance with such 

agreements. 

§ 15.101 Who may file an administrative 

claim under the FTCA against the 

Department? 

(a) A claim for the injury to or loss of 

property may be presented by the owner 

of the property, his or her duly 

authorized agent, or his or her legal 

representative. 

(b) A claim for personal injury may be 

presented by the injured person, his or 

her duly authorized agent, or his or her 

legal representative. 

(c) A claim for death may be 

presented by the executor or 

administrator of the decedent’s estate or 

by any other person legally entitled to 

assert such a claim in accordance with 

applicable State law. 

(d) A claim presented by an agent or 

legal representative shall be presented 

in the name of the claimant, be signed 

by the agent or 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 legal 

representative. 

(e) Only claims involving alleged acts 

or omissions of Department employees 

(including Job Corps students) should 

be presented to the Department. 

§ 15.102 May an insurance company file an 

FTCA administrative claim on behalf of a 

claimant? 

(a) A claim for loss wholly 

compensated by an insurance company 

may be presented by that company. 

(b) A claim for loss partially 

compensated by an insurance company 

may be presented by the company or the 

insured individually, in accordance 

with their respective interests or jointly. 


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It should be noted, however, that if the 

insurance company claims only part of 

the insured’s interests, an acceptance of 

that claim may bar any additional claim 

by the insured for damages beyond that 

claimed by the insurance company as 

such acceptance would be in full and 

final settlement of all such claims 

arising out the incident that gave rise to 

the claim as described in § 15.110(b). 

(c) If the claimant is directly 

compensated by the Department for 

medical bills under this subpart, the 

claimant may be required to reimburse 

his or her insurance company in 

accordance with the terms of his or her 

insurance policy if the company has 

already paid those bills. 

(d) Whenever an insurance company 

presents a claim on behalf of the insured 

(such as a claim for an auto loss that 

includes the deductible), it shall present 

with its claim appropriate evidence that 

it has the rights of a subrogee, such as 

a copy of the signed policy. 

§ 15.103 May an agent or legal 

representative file an FTCA administrative 

claim on behalf of a claimant? 

(a) An agent or legal representative 

may file a claim on behalf of a claimant. 

(b) Representative’s fees are limited to 

not more than 20 percent of the amount 

paid for a claim settled in an 

administrative claim, and to not more 

than 25 percent of a judgment or 

settlement award after litigation is 

initiated. 28 U.S.C. 2678. 

(c) If a representative is dismissed 

from representing a claimant before the 

claim is resolved, the representative 

may not place a lien on the claimant’s 

recoveries under the claim. 

(d) Any purported representative of a 

minor must provide documentation that 

he or she is the legal agent of that minor. 

§ 15.104 Where should the FTCA 

administrative claim be filed? 

(a) Only claims involving alleged acts 

or omissions of Department employees 

should be presented to the Department. 

For the purposes of this subpart, an 

FTCA claim shall be deemed to have 

been presented when the Department 

receives, at a place designated in 

paragraph (b) of this section, a properly 

executed ‘‘Claim for Damage, Injury, or 

Death’’ on Standard Form 95, or other 

written notification of an incident 

accompanied by a claim for money 

damages in a sum certain for injury to 

or loss of property or personal injury or 

death by reason of the incident. 

(b) In any FTCA case where the claim 

seeks damages for an incident resulting 

in aggregate claims in excess of $25,000 

or which involves an alleged act or 

omission of an employee of the 

Department whose official duty station 

is in Washington, DC, the claimant shall 

mail or deliver the claim for money 

damages for injury to or loss of property 

or personal injury or death caused by 

the negligent or wrongful act or 

omission of any employee of the 

Department while acting within the 

scope of office or employment to the 

Counsel for Claims and Compensation, 

Office of the Solicitor, U.S. Department 

of Labor, 200 Constitution Avenue NW., 

Suite S4325, Washington, DC 20210. 

(c) In all other cases, the claimant 

shall submit his or her claim to the 

official duty station of the employee 

whose act or omission forms the basis 

of the complaint, which should be 

immediately forwarded to the 

appropriate Regional Office of the Office 

of the Solicitor with all currently 

available documentation (such as a 

Standard Form 91, Motor Vehicle 

Accident Report). 

§ 15.105 What information and evidence 

should be provided to DOL to substantiate 

an FTCA administrative claim? 

(a) Personal injury. In support of a 

claim for personal injury, including 

pain and suffering, the claimant is 

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 impairment, 

the prognosis, period of hospitalization, 

if any, and any diminished earning 

capacity. In addition, the claimant may 

be required to submit to a physical or 

mental examination by a physician 

employed or designated by the 

Department or another Federal agency. 

A copy of the report of the examining 

physician shall be made available to the 

claimant upon the claimant’s written 

request. 

(2) Itemized bills for medical, dental 

and hospital, or any other, 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) 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. 

(b) 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, 

an autopsy report and or other 

competent evidence that includes cause 

or causes of death, date of death, and 

age of the decedent. 

(2) Decedent’s employment or 

occupation at the 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 name, address, birth date, 

kinship and marital status of the 

decedent’s survivors, including 

identification of those survivors who 

were dependent for support upon the 

decedent at the time of his or her death. 

(4) Degree of support afforded by the 

decedent to each survivor dependent 

upon him or her for support at the time 

of his or her death. 

(5) Decedent’s general physical and 

mental condition before his or her 

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 

prior to 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 injury 

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 damages claimed. 

(c) Property damages. 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 with respect to 

each item of property: 

(1) Proof of ownership. 

(2) A detailed statement of the amount 

claimed. 

(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 not 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. 

(d) Loss of income. In support of a 

claim based on loss of income, the 

claimant may be required to submit the 

following evidence or information: 

(1) 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. 

(2) If the claimant is self-employed, 

documentary evidence showing the 

amount of earnings lost such as: 


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(i) Income tax returns for several years 

prior to the injury in question and the 

year in which the injury occurred may 

be used to indicate or measure lost 

income; or 

(ii) A statement of the actual or 

projected cost for the claimant to hire 

someone else to do the same work he or 

she was doing at the time of injury. 

(3) 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. 

§ 15.106 How is the administrative claim 

processed? 

(a) Investigation. When an 

organizational unit learns of an incident 

that reasonably can be expected to result 

in an allegation of harm caused to an 

individual or organization by an alleged 

negligent act or omission by an 

employee of that organizational unit or 

when it learns of an administrative 

claim or of litigation alleging such harm, 

it has the responsibility to fully 

investigate the incident and to take all 

actions necessary to preserve all 

relevant documents and other evidence. 

Each organizational unit should 

institute appropriate procedures to 

ensure that notification of such 

incidents are reported to the office 

responsible for ensuring that evidence is 

preserved and investigation undertaken. 

(b) Notification. Upon receipt of an 

administrative claim under the Act or of 

notice of litigation seeking damages for 

an alleged negligent act or omission of 

an employee of the Department acting 

within the scope of his or her 

employment, the Office of the Solicitor 

shall notify the organizational unit 

responsible for the activity which gave 

rise to the claim or litigation and shall 

provide a copy of the administrative 

claim or the claim filed in the litigation. 

(c) FTCA Contact. Each organizational 

unit will establish an FTCA contact, 

unless this requirement is waived by the 

Counsel for Claims and Compensation. 

The FTCA contact will coordinate and 

oversee the preservation of documents 

related to the circumstances of all 

claims arising from his or her 

organizational unit. The FTCA contact 

will arrange for the preparation and 

submission of the Administrative Report 

relating to each claim within 30 days 

after notification of receipt of an 

administrative claim, unless the Office 

of the Solicitor grants additional time. 

(d) Litigation. During the course of 

any litigation, organizational units are 

responsible for providing assistance to 

the Office of the Solicitor in responding 

to discovery requests such as 

interrogatories and requests to produce 

documents, for providing assistance in 

analyzing factual and program issues, 

for providing witnesses for depositions 

and trials, and for assistance in 

producing affidavits and exhibits for use 

in the litigation. 

§ 15.107 What must be provided in the 

administrative report? 

(a) The administrative report shall be 

in the form of a single memorandum in 

narrative form with attachments. It 

should contain all of the following 

elements, unless permission is obtained 

from the Office of the Solicitor to 

dispense with a particular element: 

(1) A brief explanation of the 

organization and operation of the 

program involved including statutory 

authority and applicable regulations; 

(2) A complete description of the 

events that gave rise to the claim or 

litigation, including a specific response 

to every allegation in the claim or 

litigation; 

(3) Any information available 

regarding the questions of whether the 

claimant or plaintiff actually suffered 

the harm alleged in the claim or 

litigation and what individual or 

organization caused any harm which 

appears to have occurred; 

(4) Any information available 

regarding the damages claimed; 

(5) Any policy reasons which the 

organizational unit wishes to advance 

for or against settlement of the claim or 

litigation; and 

(6) Details of any claims the 

Department may have against the 

claimant or plaintiff, whether or not 

they appear to be related to the subject 

matter of the claim or litigation. 

(b) A copy of all documents relevant 

to the issues involved in the claim or 

litigation should be attached to each 

copy of the Administrative Report. 

Original records should not be 

forwarded to the Office of the Solicitor 

unless specifically requested. They 

should be preserved, however, and 

remain available for litigation if 

necessary. 

(c) Organizational units should ensure 

that all Administrative Reports are 

either prepared or reviewed by an 

official of the organizational unit who 

was not personally involved in the 

incident in question prior to filing of the 

claim or suit. 

(d) The Office of the Solicitor may 

waive the requirement of an 

Administrative Report. If the 

Administrative Report is waived, the 

organizational unit or units involved in 

the circumstances of the claim or 

litigation shall provide certification 

from the supervisor of the employee 

whose alleged negligent act or omission 

gave rise to the claim, certifying that the 

employee was acting within the scope of 

his or her employment at the time of the 

alleged negligent act or omission. 

§ 15.108 Who is authorized to decide an 

administrative claim? 

(a) The Counsel for Claims and 

Compensation shall have the authority 

to consider, ascertain, adjust, determine, 

compromise and settle claims pursuant 

to the Federal Tort Claims Act which 

involve an alleged negligent or wrongful 

act or omission of an employee whose 

official duty station is the Department’s 

national office in Washington, DC, or 

which involve aggregate claims in 

excess of $25,000, or which involve a 

new point of law or a question of policy. 

(b) Regional Solicitors and the 

Associate Regional Solicitors are 

authorized to consider, ascertain, adjust, 

determine, compromise and settle 

claims arising in their respective 

jurisdictions pursuant to the Federal 

Tort Claims Act where the aggregate 

claimed does not exceed $25,000 in 

amount and which do not involve a new 

point of law or a question of policy. 

§ 15.109 What if the claim is denied? 

Denial of an administrative claim 

under this subpart shall be in writing, 

and notification of denial shall be sent 

to the claimant, or his or her attorney or 

legal representative by certified or 

registered mail. The notification of final 

denial shall include a statement of the 

reasons for the denial and shall include 

a statement that, if the claimant is 

dissatisfied with the Department’s 

action, that claimant may file suit in an 

appropriate U.S. District Court not later 

than 6 months after the date of mailing 

of the notification. 

§ 15.110 What must a claimant do if the 

administrative claim is approved? 

(a) Payment of a claim approved 

under this subpart is contingent upon 

claimant’s execution of the appropriate 

forms, such as the SF–194, SF–196, or 

SF–197, in accordance with instructions 

by the Department of Justice and/or the 

Judgment Fund. When a claimant is 

represented by an attorney, the voucher 

for payment shall designate the claimant 

as payee (as the beneficial interest 

holder), and the check shall be 

delivered to the attorney whose address 

appears on the voucher. 

(b) Acceptance by the claimant, or his 

or her agent or legal representative, of 

an award, compromise, or settlement 

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 


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presented and constitutes a complete 

release of any claim against the United 

States and against any officer or 

employee of the Government whose act 

or omission gave rise to the claim by 

reason of the same subject matter. 

§ 15.111 If the administrative claim is 

approved, how is the award paid? 

(a) Any award, compromise, or 

settlement in the amount of $2,500 or 

less made pursuant to this section shall 

be paid by the Secretary of Labor out of 

appropriations available to the 

Department. 

(b) Payment of an award, compromise, 

or settlement in an amount in excess of 

$2,500 made pursuant to this subpart 

shall be made in accordance with 28 

CFR 14.10. 

(c) An award, compromise or 

settlement of a claim under 28 U.S.C. 

2672 and this subpart in excess of 

$25,000 may be effected only with the 

prior written approval of the Attorney 

General or his designee. For the purpose 

of this subpart, a principal claim and 

any derivative or subrogated claim shall 

be treated as a single claim. 

Subpart C—Claims Under the Military 

Personnel and Civilian Employees’ 

Claims Act of 1964 

§ 15.200 What is a claim under the 

MPCECA and who may file such a claim? 

(a) A claim under the MPCECA for 

damage or loss is allowable only if the 

property involved was being used 

incident to service with the Department. 

(b) A claim may be made under this 

subpart by an employee of the 

Department or by a spouse or authorized 

agent, or legal representative on behalf 

of the employee. If the employee is 

deceased, the claim may be filed by a 

survivor in the following order of 

preference: spouse, children, parent, 

brother or sister or the authorized agent 

or legal representative of such person or 

persons. 

(c) An MPCECA claim may not be 

made by or for the benefit of an 

insurance company, subrogee, assignee, 

conditional vendor or other third party. 

§ 15.201 Where should the MPCECA claim 

be filed? 

(a) If the claimant’s official duty 

station is at the Department’s national 

office in Washington, DC, or if the claim 

is for an amount in excess of $25,000, 

the claim should be filed with the 

Counsel for Claims and Compensation, 

Office of the Solicitor of Labor, U.S. 

Department of Labor, Suite S4325, 200 

Constitution Avenue, NW., Washington, 

DC 20210. 

(b) In all other cases, the claimant 

shall address the claim to the regional 

or branch office of the Office of the 

Solicitor servicing the claimant’s official 

duty station. 

§ 15.202 How is a claim filed under the 

MPCECA? 

(a) A claim under this subpart must be 

presented in writing. A sample claim, 

located on the Department’s Office of 

the Solicitor, Federal Employees’ and 

Energy Workers’ Compensation Division 

Web site at www.dol.gov, is provided as 

an example for convenience of filing. 

The SF–95 for FTCA claims is not an 

appropriate form for a MPCECA claim. 

(b) The claimant is responsible for 

substantiating ownership or possession, 

the facts surrounding the loss or 

damage, and the value of the property. 

Any claim filed must be accompanied 

by the following: 

(1) A written statement, signed by the 

claimant or his or her authorized agent, 

setting forth the circumstances under 

which the damage or loss occurred. This 

statement may also include: 

(i) A description of the type, design, 

model number or other identification of 

the property. 

(ii) The date of purchase or 

acquisition and the original cost of the 

property. 

(iii) The location of the property when 

the loss or damage occurred. 

(iv) The value of the property when 

lost or damaged. 

(v) The actual or estimated cost of the 

repair of any damaged item. 

(vi) The purpose of and authority for 

travel, if the loss or damage occurred 

incident to transportation or to the use 

of a motor vehicle. 

(vii) Any and all available information 

as to the party responsible for the loss 

or damage, if such party is someone 

other than the claimant, and all 

information as to insurance contracts, 

whether held by the claimant or by the 

party responsible. 

(2) Copies of all available and 

appropriate documents such as bills of 

sale, estimates of repairs, or travel 

orders. In the case of an automobile, the 

claimant must file two estimates of 

repair or a certified paid bill showing 

the damage incurred and the cost of all 

parts, labor and other items necessary to 

the repair of the vehicle or a statement 

from an authorized dealer or repair 

garage showing that the cost of such 

repairs exceeds the value of the vehicle. 

The Office of the Solicitor may waive 

the requirement of two estimates of 

repair. 

(3) A copy of the power of attorney or 

other authorization if someone other 

than the employee files the claim. 

(4) A statement from the employee’s 

immediate supervisor confirming that 

possession of the property was 

reasonable, useful or proper under the 

circumstances and that the damage or 

loss was incident to service. 

§ 15.203 When should a claim under the 

MPCECA be filed? 

A claim under this subpart may be 

allowed only if it is filed in writing 

within 2 years after accrual of the claim. 

For the purpose of this part, a claim 

accrues at the later of: 

(a) The time of the accident or 

incident causing the loss or damage; 

(b) Such time as the loss or damage 

should have been discovered by the 

claimant by the exercise of due 

diligence; or 

(c) Such time as cause preventing 

filing no longer exists or as war or 

armed conflict ends, whichever is 

earlier, if a claim otherwise accrues 

during war or an armed conflict or has 

accrued within 2 years before war or an 

armed conflict begins, and for cause 

shown. 

§ 15.204 Are there limits on claims under 

the MPCECA? 

(a) The maximum amount that can be 

paid for any claim under the MPCECA 

is $40,000, or, if the claim arises from 

emergency evacuation or extraordinary 

circumstances, up to $100,000, and 

property may be replaced in kind at the 

option of the Government. 31 U.S.C. 

3721(b)(1). 

(b) The Department is not an insurer 

and does not underwrite all personal 

property losses that an employee may 

sustain. Employees are encouraged to 

carry private insurance to the maximum 

extent practicable to avoid losses, which 

may not be recoverable from the 

Department. 

§ 15.205 What types of claims for property 

damage are allowed under the MPCECA? 

(a) Claims for property damage are 

allowed under the MPCECA only if the 

property involved was being used 

incident to service with the Department 

and: 

(l) The damage or loss was not caused 

wholly or partly by the negligent or 

wrongful act or omission of the 

claimant, his or her agent, the members 

of his or her family, or his or her private 

employee (the standard to be applied is 

that of reasonable care under the 

circumstances); and 

(2) The possession of the property lost 

or damaged and the quantity and the 

quality possessed is determined by the 

claimant’s supervisor to have been 

reasonable, useful or proper under the 

circumstances; and 

(3) The claim is substantiated by 

proper and convincing evidence. 


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(b) Claims otherwise allowable under 

this subpart shall not be disallowed 

solely because the claimant was not the 

legal owner of the property for which 

the claim is made. 

§ 15.206 What claims arising at a 

residence or Telework location may be 

covered under the MPCECA? 

(a) Claims arising at a residence, 

Telework center or other flexiplace 

location may be covered under the 

MPCECA. 

(b) For the purpose of this subpart, 

residence means a house, apartment or 

other location that is a Department 

employee’s principal abode. 

(c) Claims for property damage at an 

alternative work location at which the 

employee is performing duties pursuant 

to an approved Telework agreement 

may be covered by the MPCECA if the 

property was being used incident to 

service with the Department, as, for the 

purposes of this subpart, that location is 

considered to be an official duty station. 

Under most circumstances, property 

damage will only be allowed if it occurs 

at or in connection with the employee’s 

workstation. 

(d) Claims under the MPCECA at a 

residence not covered by paragraph (c) 

of this section may be allowable for 

damage to, or loss of, property arising 

from fire, flood, hurricane, other natural 

disaster, theft, or other unusual 

occurrence, if the property was being 

used incident to service with the 

Department, while such property is 

located at: 

(1) Residences within the 50 States or 

the District of Columbia that were 

assigned to the claimant or otherwise 

provided in kind by the United States; 

or 

(2) Residences outside the 50 States 

and the District of Columbia that were 

occupied by the claimant, whether or 

not they were assigned or otherwise 

provided in kind by the United States, 

except when the claimant is a civilian 

employee who is a local inhabitant; or 

(3) Any warehouse, office, working 

area or other place (except residences) 

authorized or apparently authorized for 

the reception or storage of property. 

§ 15.207 What are examples of claims 

allowed under the MPCECA? 

The following are examples of the 

principal types of allowable claims, but 

these examples are not exclusive; other 

claims may be allowed, unless 

hereinafter excluded: 

(a) Transportation or travel losses. 

Claims may be allowed for damage to, 

or loss of, property incident to 

transportation or storage pursuant to 

order or in connection with travel under 

orders, including property in the 

custody of a carrier, an agent or agency 

of the Government, or the claimant. 

(b) Enemy action or public service. 

Claims may be allowed for damage to, 

or loss of, property as a direct 

consequence of: 

(1) Enemy action or threat thereof, or 

terrorism, combat, guerrilla, brigandage, 

or other belligerent activity, or unjust 

confiscation by a foreign power or its 

nationals. 

(2) Action by the claimant to quiet a 

civil disturbance or to alleviate a public 

disaster. 

(3) Efforts by the claimant to save 

human life or Government property. 

(c) Property used for the benefit of the 

Government. Claims may be allowed for 

damage to, or loss, of property when 

used for the benefit of the Government 

at the request of, or with the knowledge 

and consent of superior authority. 

(d) Electronics and cellular phones. 

Claims may be allowed for loss of, or 

damage to, cellular phones, personal 

data assistants and similar 

communication and electronic devices 

subject to the limitations in § 15.209(e). 

(e) Clothing and Accessories. Claims 

may be allowed for damage to, or loss 

of, clothing and accessories customarily 

worn on the person, such as eyeglasses, 

hearing aids, or dentures subject to the 

limitations in § 15.209(e). 

(f) Expenses incident to repair. 

Claimants may be reimbursed for the 

payment of any sales tax incurred in 

connection with repairs to an item. The 

costs of obtaining estimates of repair 

(subject to the limitations set forth in 

§ 15.208(c)) are also allowable. 

§ 15.208 What are the restrictions on 

otherwise allowable claims? 

(a) Money or currency. Claims may be 

allowed for loss of money or currency 

(which includes coin collections) only 

when lost incident to fire, flood, 

hurricane, other natural disaster, or by 

theft from residence (as limited by 

§ 15.206). In incidents of theft from a 

residence, it must be conclusively 

shown that the residence was locked at 

the time of the theft. Reimbursement for 

loss of money or currency is limited to 

an amount, which is determined to have 

been reasonable for the claimant to have 

had in his or her possession at the time 

of the loss. 

(b) Government property. Claims may 

only be allowed for property owned by 

the United States for which the claimant 

is financially responsible to an agency 

of the Government other than the 

Department. 

(c) Estimate fees. Claims may include 

fees paid to obtain estimates of repairs 

only when it is clear that an estimate 

could not have been obtained without 

paying a fee. In that case, the fee may 

be allowed only in an amount 

determined to be reasonable in relation 

to the value of the property or the cost 

of the repairs. 

(d) Automobiles and motor vehicles. 

Claims may only be allowed for damage 

to, or loss of automobiles and other 

motor vehicles if: 

(1) Such motor vehicles were required 

to be used for official Government 

business (official Government business, 

as used here, does not include travel, or 

parking incident thereto, between 

residence and office, or use of vehicles 

for the convenience of the owner. 

However, it does include travel, and 

parking incident thereto, between a 

residence and an assigned place of duty 

specifically authorized or otherwise 

shown to be permitted by the 

employee’s supervisor as being more 

advantageous to the Government); or 

(2) Shipment of such motor vehicles 

was being furnished or provided by the 

Government, subject to the provisions of 

§ 15.210. 

§ 15.209 What claims are not allowed? 

(a) Unassigned residences in United 

States. Property loss or damage in 

quarters occupied by the claimant 

within the 50 States or the District of 

Columbia that were not assigned to him 

or otherwise provided in kind by the 

United States or part of an approved 

Telework agreement. 

(b) Business property. Property used 

for business or profit. 

(c) Unserviceable property. Wornout 

or unserviceable property. 

(d) Illegal possession. Property 

acquired, possessed or transferred in 

violation of the law or in violation of 

applicable regulations or directives. 

(e) Articles of extraordinary value. 

Valuable articles, such as watches, 

jewelry, furs, clothes, electronics or 

other articles of extraordinary value. 

This prohibition does not apply to 

articles in the personal custody of the 

claimant or articles properly checked, if 

the claimant has taken reasonable 

protection or security measures. 

(f) Intangible property. Loss of 

property that has no extrinsic and 

marketable value but is merely 

representative or evidence of value 

(such as a non-negotiable stock 

certificate or warehouse receipt) is not 

compensable. Intangible value is not 

compensable. 

(g) Incidental expenses and 

consequential damages. The MPCECA 

and this subpart authorize payment for 

loss of or damage to personal property 

only. Except as provided in § 15.207(f), 

consequential damages or other types of 


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loss or incidental expenses (such as loss 

of use, interest, carrying charges, cost of 

lodging or food while awaiting arrival of 

shipment, attorney fees, telephone calls, 

cost of transporting claimant or family 

members, inconvenience, time spent in 

preparation of claim, or cost of 

insurance premiums) are not 

compensable. 

(h) Real property. Damage to real 

property is not compensable. In 

determining whether an item is 

considered to be an item of personal 

property, as opposed to real property, 

normally, any movable item is 

considered personal property even if 

physically joined to the land. 

(i) Commercial property. Articles 

acquired or held for sale or disposition 

by other commercial transactions on 

more than an occasional basis, or for use 

in a private profession or business 

enterprise. 

(j) Commercial storage. Property 

stored at a commercial facility for the 

convenience of the claimant and at his 

or her expense. 

(k) Minimum amount. Loss or damage 

amounting to less than $40. 

§ 15.210 What affect does insurance have 

on a claim under the MPCECA? 

In the event the property, which is the 

subject of the claim, was lost or 

damaged while in the possession of a 

commercial carrier or was insured, the 

following procedures will apply: 

(a) Whenever property is damaged, 

lost or destroyed while being shipped 

pursuant to authorized travel orders, the 

owner must file a written claim for 

reimbursement with the last commercial 

carrier known or believed to have 

handled the goods, or the carrier known 

to be in possession of the property when 

the damage or loss occurred, according 

to the terms of its bill of lading or 

contract, before submitting a claim 

against the Government under this 

subpart. 

(b) Whenever property is damaged, 

lost or destroyed incident to the 

claimant’s service and is insured in 

whole or in part, the claimant should 

make demand in writing against the 

insurer for reimbursement under the 

terms and conditions of the insurance 

coverage, prior to the filing of the claim 

against the Government, unless, in the 

subsequent determination of the 

deciding official, the filing of such a 

demand was impracticable or 

inequitable. For example, if the value of 

a claim is $535 and the insurance 

deductible is $500, the deciding official 

may determine that no claim need be 

made against the insurer. 

(c) Unless the deciding official 

determines that no demand should have 

been or need be made, failure to make 

a demand on a carrier or insurer or to 

make all reasonable efforts to protect 

and prosecute rights available against a 

carrier or insurer and to collect the 

amount recoverable from the carrier or 

insurer may result in reducing the 

amount recoverable from the 

Government by the maximum amount 

which would have been recoverable 

from the carrier or insurer had the claim 

been timely or diligently prosecuted. 

(d) Following the submission of the 

claim against the carrier or insurer, the 

claimant may immediately submit his 

claim against the Government in 

accordance with the provisions of this 

subpart, without waiting until either 

final approval or denial of the claim is 

made by the carrier or insurer. 

(1) Upon submitting his or her claim, 

the claimant shall certify in the claim 

that he or she has or has not gained any 

recovery from a carrier or insurer, and 

enclose all correspondence pertinent 

thereto. 

(2) If final action has not been taken 

by the carrier or insurer on the claim, 

the claimant shall immediately notify 

them to address all correspondence in 

regard to the claim to the appropriate 

Office of the Solicitor of Labor. 

(3) The claimant shall advise the 

appropriate Office of the Solicitor of any 

action taken by the carrier or insurer on 

the claim and, upon request, shall 

furnish all correspondence, documents, 

and other evidence pertinent to the 

matter. 

(e) The claimant shall assign to the 

United States, to the extent of any 

payment on the claim accepted by him 

or her, all rights, title and interest in any 

claim he or she may have against any 

carrier, insurer, or other party arising 

out of the incident on which the claim 

against the United States is based. After 

payment of the claim by the United 

States, the claimant shall, upon receipt 

of any payment from a carrier or insurer, 

pay the proceeds to the United States to 

the extent of the payment received by 

him or her from the United States. 

(f) Where a claimant recovers for the 

loss from the carrier or insurer before 

his or her claim under this subpart is 

settled, the amount of recovery shall be 

applied to the claim as follows: 

(1) When the amount recovered from 

a carrier, insurer, or other third party is 

greater than or equal to the claimant’s 

total loss as determined under this part, 

no compensation is allowable under this 

subpart. 

(2) When the amount recovered is less 

than such total loss, the allowable 

amount is determined by deducting the 

recovery from the amount of such total 

loss. 

(3) For this purpose, the claimant’s 

total loss is to be determined without 

regard to the maximum payment 

limitations set forth in § 15.204. 

However, if the resulting amount, after 

making this deduction exceeds the 

maximum payment limitations, the 

claimant shall be allowed only the 

maximum amount set forth in § 15.204. 

§ 15.211 How is a claim under this subpart 

processed? 

(a) The Counsel for Claims and 

Compensation, the Regional Solicitors, 

and the Associate Regional Solicitors 

are authorized to consider, ascertain, 

adjust, determine, compromise and 

settle claims filed under this subpart 

that arise within their respective 

jurisdictions, except that any claim for 

an amount in excess of $25,000 shall fall 

within the exclusive jurisdiction of the 

Counsel for Claims and Compensation. 

(b) Any writing received by the Office 

of the Solicitor within the time limits 

set forth in § 15.203 will be accepted 

and considered a claim under the 

MPCECA if it constitutes a demand for 

compensation from the Department. A 

sample claim, located on the 

Department’s Office of the Solicitor, 

Federal Employees’ and Energy 

Workers’ Compensation Division Web 

site at www.dol.gov, is provided for 

convenience of filing. The SF–95 form 

used to file a claim under the FTCA is 

not an appropriate form for a claim 

under the MPCECA claim. 

(c) A demand is not required to be for 

a specific sum of money. 

(d) The determination upon the claim 

shall be provided to the claimant in 

writing by the deciding official. 

§ 15.212 How is the amount of the award 

under this subpart calculated? 

(a) The amount allowable for damage 

to or loss of any item of property may 

not exceed the lowest of: 

(1) The amount requested by the 

claimant for the item as a result of its 

loss, damage or the cost of its repair; 

(2) The actual or estimated cost of its 

repair; or 

(3) The actual value at the time of its 

loss, damage, or destruction. The actual 

value is determined by using the current 

replacement cost or the depreciated 

value of the item since its acquisition, 

whichever is lower, less any salvage 

value of the item in question. 

(b) Depreciation in value is 

determined by considering the type of 

article involved, its cost, its condition 

when damaged or lost, and the time 

elapsed between the date of acquisition 

and the date of damage or loss. 

(c) Current replacement cost and 

depreciated value are determined by use 


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22246 Federal Register / Vol. 77, No. 72 / Friday, April 13, 2012 / Proposed Rules 

of publicly available adjustment rates or 

through use of other reasonable methods 

at the discretion of the official 

authorized to issue a determination 

upon the claim in question. 

(d) Replacement of lost or damaged 

property may be made in kind wherever 

appropriate. 

(e) At the discretion of the official 

authorized to issue the determination 

upon the claim in question, a claimant 

may be required to turn over an item 

alleged to have been damaged beyond 

economical repair to the United States, 

in which case no deduction for salvage 

value will be made in the calculation of 

actual value. 

(f) Notwithstanding any other 

provisions of law, settlement of claims 

under the MPCECA is final and 

conclusive. 

§ 15.213 Are there limits to 

representatives’ fees for claims under this 

subpart? 

Yes. No more than 10 percent of the 

amount in settlement of each individual 

claim submitted and settled under this 

subpart shall be paid or delivered to or 

received by any agent or attorney on 

account of services rendered in 

connection with that claim. 31 U.S.C. 

3721(i). 

§ 15.214 How may a decision under this 

subpart be reconsidered? 

(a) While there is no appeal from the 

decision of the deciding official in 

regard to claims under the MPCECA, the 

deciding official may always reconsider 

his or her determination of a claim. 

(b) A claimant may request 

reconsideration from the deciding 

official by directing a written request for 

reconsideration to the deciding official 

within 60 days of the date of the original 

determination. The claimant must 

clearly state the factual or legal basis 

upon which he or she rests the request 

for a more favorable determination. 

(c) The determination upon the 

reconsideration will be provided to the 

claimant in writing by the deciding 

official. 

Subpart D—Claims Arising Out of the 

Operation of the Job Corps 

§ 15.300 How are claims involving the Job 

Corps initiated? 

(a) Claims involving the Job Corps, 

including claims against Job Corps 

Centers run by other Federal agencies, 

claims by third parties involving the 

acts or omissions of students of Job 

Corps, and claims involving the loss of 

personal property of students of Job 

Corps should be submitted to the 

appropriate Job Corps Regional Office. 

Claims under the MPCECA for nonDepartment Federal employees should 

be sent to and must be handled by their 

respective Federal employer, subject to 

that employer’s procedures. FTCA 

claims over $25,000 should be sent to 

and must be handled by the Counsel for 

Claims and Compensation under 

subpart B of this part. 

(b) The Job Corps Regional Office 

shall investigate all facts of the claim, 

including accident and medical reports, 

interview witnesses, and, where 

necessary, prepare the appropriate 

administrative reports. 

(c) Following the investigation, the 

Job Corps Regional Office will 

determine the appropriate reviewing 

official and if necessary forward the 

claim to the appropriate office 

immediately with all currently available 

documentation, as described in 

§ 15.301. 

§ 15.301 What office is responsible for 

determining liability in claims arising out of 

the Job Corps? 

(a) The Director of the appropriate Job 

Corps Regional Office is responsible for 

claims not cognizable under the FTCA 

pursuant to the WIA arising out of the 

operation of the Job Corps involving loss 

or damage to persons or personal 

property of students of Job Corps 

Centers that do not exceed $300. 

(b) The Regional Solicitor is 

responsible for claims not cognizable 

under the FTCA pursuant to the WIA 

arising out of the operation of the Job 

Corps involving loss or damage to 

persons or personal property of students 

of Job Corps Centers for claims 

exceeding $300. 

(c) The Regional Solicitor is 

responsible for all FTCA claims 

involving damage to persons or property 

arising out of an act or omission of a Job 

Corps student or Federal employee that 

do not exceed $25,000 and do not 

involve a new point of law or a question 

of policy. 

(d) All remaining claims with 

aggregate damages of $25,000 or more 

are the responsibility of the Counsel for 

Claims and Compensation. 

(e) The Job Corps Regional Office 

Director, the Regional Solicitors and the 

Associate Regional Solicitors are 

authorized to consider, determine and 

settle claims filed under this subpart 

that arose within their respective 

jurisdictions. 

§ 15.302 What procedures apply to these 

claims? 

(a) Claims involving the negligent acts 

or omissions of Job Corps students or 

Federal employees are claims under the 

FTCA and are determined under the 

procedures in subpart B of this part. 

FTCA claims must be forwarded to and 

decided by the responsible Solicitor’s 

Office. 

(b) Claims involving loss or damage to 

persons or the personal property of Job 

Corps students are covered by the WIA, 

29 U.S.C. 2897(b), which provides that 

the Secretary of Labor may adjust or 

settle claims for damages to a person or 

property of up to $1,500 if those claims 

are found to be a proper charge against 

the United States and are not cognizable 

under the FTCA. 

§ 15.303 How does a Job Corps student 

file a claim for loss of or damages to 

personal property under the WIA? 

(a) A WIA claim under this subpart 

must be in writing and signed by the 

claimant or by an authorized 

representative. In order to be a proper 

claim, a WIA claim must fully describe 

the property and the circumstances that 

gave rise to the loss or damage. 

(b) All WIA claims under this subpart 

must be filed with the appropriate Job 

Corps Regional Office within 2 years of 

the date upon which the claim accrued. 

The Job Corps Regional Office may 

consult with the Regional Solicitor and/ 

or Counsel for Claims and 

Compensation as necessary. 

(c) The determination upon the claim 

shall be provided to the claimant in 

writing by the appropriate deciding 

official. 

(d) Reconsideration of a 

determination under this subpart shall 

be available upon written request 

received within 60 days by the 

appropriate deciding official. The 

deciding official will provide a written 

response to the claimant within 60 days 

of such request. No further review of the 

matter will be permitted. 

§ 15.304 Are there limits to claims for loss 

of or damages to personal property under 

the WIA? 

(a) Only claims involving damage or 

loss to personal property that occurred 

while at the Job Corps Center or while 

on authorized travel, training or other 

authorized activities may be considered 

under the WIA. 

(b) The Job Corps will only reimburse 

up to $300.00 per item for claims for 

loss or damage of personal property 

under the WIA, up to a maximum of 

$1,500 per occurrence. 

(c) If the property in question is not 

of a type that the student is authorized 

to bring to the Job Corps Center, no 

compensation will be made under this 

subpart. For example, if the Job Corps 

Center has explicit written rules 

imposing limitations on the type of 

electronic equipment or other personal 

items such as jewelry that may be 


tkelley on DSK3SPTVN1PROD with PROPOSALS
Federal Register / Vol. 77, No. 72 / Friday, April 13, 2012 / Proposed Rules 22247 

brought to the center, no compensation 

will be awarded for the loss or damage 

of such property. 

Signed at Washington, DC, this 4th of April 

2012. 

M. Patricia Smith, 

Solicitor of Labor, U.S. Department of Labor. 

[FR Doc. 2012–8735 Filed 4–12–12; 8:45 am] 

BILLING CODE 4510–23–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Food and Drug Administration 

21 CFR Part 558 

[Docket No. FDA–2010–N–0155] 

Veterinary Feed Directive; Draft Text 

for Proposed Regulation 

AGENCY: Food and Drug Administration, 

HHS. 

ACTION: Notification; draft text for 

proposed regulation. 

SUMMARY: The Food and Drug 

Administration (FDA) is announcing the 

availability of draft text for a proposed 

regulation intended to improve the 

efficiency of FDA’s Veterinary Feed 

Directive (VFD) program. The Agency is 

making this draft text for a proposal 

available because of the complex 

scientific and regulatory issues 

involved, and because of the potential 

impact that changes to the VFD 

regulations may have on stakeholders. 

The Agency invites the public to submit 

comments with questions and concerns 

about the draft text for a proposed 

regulation. 

DATES: Submit either electronic or 

written comments by July 12, 2012. 

ADDRESSES: You may submit comments, 

identified by Docket No. FDA–2010–N– 

0155, by any of the following methods: 

Electronic Submissions 

Submit electronic comments in the 

following way: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

Written Submissions 

Submit written submissions in the 

following ways: 

• FAX: 301–827–6870. 

• Mail/Hand delivery/Courier (for 

paper or CD–ROM submissions): 

Division of Dockets Management (HFA– 

305), Food and Drug Administration, 

5630 Fishers Lane, rm. 1061, Rockville, 

MD 20852. 

Instructions: All submissions received 

must include the Agency name and 

Docket No. FDA–2010–N–0155 for this 

rulemaking. All comments received may 

be posted without change to http:// 

www.regulations.gov, including any 

personal information provided. For 

additional information on submitting 

comments, see the ‘‘Comments’’ heading 

of the SUPPLEMENTARY INFORMATION

section of this document. 

Docket: For access to the docket to 

read background documents or 

comments received, go to http:// 

www.regulations.gov and insert the 

docket number, found in brackets in the 

heading of this document, into the 

‘‘Search’’ box and follow the prompts 

and/or go to the Division of Dockets 

Management, 5630 Fishers Lane, rm. 

1061, Rockville, MD 20852. 

FOR FURTHER INFORMATION CONTACT: 

Sharon Benz, Center for Veterinary 

Medicine (HFV–220), Food and Drug 

Administration, 7519 Standish Pl., 

Rockville, MD 20855, 240–453–6864, 

email: Sharon.Benz@fda.hhs.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

This document is related to two other 

documents published elsewhere in this 

issue of the Federal Register, wherein 

FDA is announcing: (1) The availability 

of a guidance document entitled ‘‘The 

Judicious Use of Medically Important 

Antimicrobial Drugs in Food-Producing 

Animals’’ (GFI #209) and (2) the 

availability of a draft guidance 

document entitled ‘‘New Animal Drugs 

and New Animal Drug Combination 

Products Administered in or on 

Medicated Feed or Drinking Water of 

Food-Producing Animals: 

Recommendations for Drug Sponsors for 

Voluntarily Aligning Product Use 

Conditions With GFI #209’’ (draft GFI 

#213). 

In the Federal Register of March 29, 

2010 (75 FR 15387), FDA published an 

advance notice of proposed rulemaking 

(ANPRM) with a 90-day comment 

period requesting comments on all 

aspects of the VFD regulations. FDA 

published a subsequent document in the 

Federal Register of June 28, 2010 (75 FR 

36588), extending the ANPRM comment 

period for an additional 60 days. 

While FDA encouraged comments on 

all aspects of the VFD regulations, the 

Agency requested input specifically on 

whether efficiency improvements need 

to be made to the current VFD 

regulations. The Agency received 

considerable comments from 

stakeholders suggesting that efficiency 

improvements are needed for the VFD 

regulations. FDA reviewed comments to 

the docket and, based on its review of 

those comments, developed draft text of 

regulatory language intended to 

implement specified changes to the 

existing regulations in part 558 (21 CFR 

part 558). 

Comments to the docket confirmed 

that this is a very complex issue that 

potentially affects many different 

stakeholder interests. Having carefully 

considered the comments and other 

relevant information, the Agency has 

prepared draft text for revisions to the 

existing regulatory language in part 558. 

Because stakeholders’ interests are 

varied, striking the proper regulatory 

balance between sufficient veterinary 

oversight for VFD drugs and increased 

efficiency of the VFD process is a 

challenging proposition. Given the 

number and the nature of the comments 

received, and given the considerable 

impact proposed revisions potentially 

could have on stakeholders, FDA 

believes it is appropriate, before 

publishing an additional proposed rule, 

to offer stakeholders an opportunity to 

review and comment on our draft text 

of proposed revisions to the codified 

language in part 558. 

For that reason, as provided for in 

§§ 10.40(f)(4) and 10.80(b)(2) (21 CFR 

10.40(f)(4) and 21 CFR 10.80(b)(2)), FDA 

has decided to publish the draft text of 

proposed revisions to the codified 

language that the Agency has developed 

in response to public comments on this 

issue. FDA believes that, by making this 

document available under the 

provisions of §§ 10.40(f)(4) and 

10.80(b)(2) and allowing an additional 

public comment period prior to 

publishing an additional proposed rule 

under the provisions of 21 CFR 10.40(b), 

the Agency will be able to develop a 

more informed proposal. When FDA 

publishes the proposed rule, the Agency 

will provide a detailed discussion of 

proposed changes to existing 

regulations. 

The proposed revisions announced in 

this document were developed in 

conjunction with other initiatives 

designed to transition certain new 

animal drug products containing 

medically important antimicrobial drugs 

from an over-the-counter (OTC) status to 

a status that requires veterinary 

oversight. Specifically, the draft text of 

proposed revisions to part 558 reflect 

principles expressed in FDA’s guidance 

document entitled ‘‘The Judicious Use 

of Medically Important Antimicrobial 

Drugs in Food-Producing Animals’’ (GFI 

#209). Further, this draft text of 

proposed revisions is also consistent 

with the specific recommendations 

described in FDA’s draft guidance 

document entitled ‘‘New Animal Drugs 

and New Animal Drug Combination 

Products Administered in or on 


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