14070 Federal Register / Vol. 75, No. 56 / Wednesday, March 24, 2010 / Rules and Regulations 

DEPARTMENT OF JUSTICE 

28 CFR Part 0 

[Directive No. 1–10] 

Redelegation of Authority of Assistant 

Attorney General, Civil Division, to 

Branch Directors, Heads of Offices and 

United States Attorneys in Civil 

Division Cases 

AGENCY: Office of the Assistant Attorney 

General, Civil Division, Department of 

Justice. 

ACTION: Final rule. 

SUMMARY: This final rule amends Civil 

Directive 14–95, published in the 

Appendix to Subpart Y of Part 0, which 

sets forth the redelegation of authority 

by the Assistant Attorney General of the 

Civil Division to branch directors, heads 

of offices, and United States Attorneys. 

On May 20, 2009, the President signed 

the Fraud Enforcement and Recovery 

Act (FERA), which authorized the 

Attorney General to delegate his 

authority to issue civil investigative 

demands (CIDs). As a result, the 

Attorney General signed Order No. 

3134–2010 (Jan. 15, 2010) delegating to 

the Assistant Attorney General for the 

Civil Division the Attorney General’s 

authority to issue CIDs, and permitting 

that authority to be redelegated to other 

Department officials, including United 

States Attorneys. Pursuant to FERA and 

the Attorney General’s order, the new 

rule would redelegate the authority of 

the Assistant Attorney General for the 

Civil Division to issue CIDs in 

monitored and delegated cases to 

United States Attorneys, with a notice 

and reporting requirement. The new 

rule also eliminates certain differences 

between the authorities of branch 

directors and United States Attorneys to 

file, close, or compromise Civil Division 

cases, revise the documentation 

requirements in cases delegated to the 

latter, and make a few ‘‘housekeeping’’ 

revisions. 

DATES: Effective Date: This rule is 

effective March 24, 2010 and is 

applicable beginning March 8, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Joyce R. Branda, Director, Commercial 

Litigation Branch, Civil Division, 

Department of Justice, Washington, DC 

20530; 202–305–2335. 

SUPPLEMENTARY INFORMATION: This rule 

is a matter of internal Department 

management. It has been drafted and 

reviewed in accordance with section 

1(b) of Executive Order 12866. The 

Assistant Attorney General for the Civil 

Division has determined that this rule is 

not a ‘‘significant regulatory action’’ 

under section 3(f) of Executive Order 

12866 and accordingly this rule has not 

been reviewed by the Office of 

Management and Budget. In accordance 

with the Regulatory Flexibility Act (5 

U.S.C. 605(b)), the Assistant Attorney 

General for the Civil Division has 

reviewed this rule, and by approving it 

certifies that this rule will not have a 

significant economic impact on a 

substantial number of small entities. 

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, 

it is determined that this rule does not 

have sufficient federalism implications 

to warrant the preparation of a 

Federalism Assessment. 

List of Subjects in 28 CFR Part 0 

Authority delegations (Government 

agencies), Government employees, 

International agreements, Organization 

and functions (Government agencies), 

Treaties, Whistleblowing. 

■ Accordingly, for the reasons stated in 

the preamble, title 28, chapter I, part 0, 

of the Code of Federal Regulations is 

amended as set forth below: 

PART 0—ORGANIZATION OF THE 

DEPARTMENT OF JUSTICE 

■ 1. The authority citation for part 0 

continues to read as follows: 

Authority: 5 U.S.C. 301; 28 U.S.C. 509, 

510, 515–519. 

■ 2. Appendix to Subpart Y is amended 

by removing Civil Directive No. 14–95 

and adding Civil Directive No. 1–10, to 

read as follows: 

Appendix to Subpart Y—Redelegations 

of Authority To Compromise and Close 

Civil Claims 

* * * * * 

[Directive No. 1–10] 

By virtue of the authority vested in me by 

part 0 of title 28 of the Code of Federal 

Regulations, particularly §§ 0.45, 0.160, 

0.164, and 0.168, it is hereby ordered as 

follows: 

Section 1. Authority To Compromise or Close 

Cases and to File Suits and Claims 

(a) Delegation to Deputy Assistant 

Attorneys General. The Deputy Assistant 

Attorneys General are authorized to act for, 

and to exercise the authority of, the Assistant 

Attorney General in charge of the Civil 

Division with respect to the institution of 

suits, the acceptance or rejection of 

compromise offers, and the closing of claims 

or cases, unless any such authority is 

required by law to be exercised by the 

Assistant Attorney General personally or has 

been specifically delegated to another 

Department official. 

(b) Delegation to United States Attorneys, 

Branch, Office and Staff Directors and 

Attorneys-in-Charge of Field Offices. Subject 

to the limitations imposed by 28 CFR 

0.160(c), and 0.164(a) and section 4(c) of this 

directive, and the authority of the Solicitor 

General set forth in 28 CFR 0.163, 

(1) Branch, Office, and Staff Directors, and 

Attorneys-in-Charge of Field Offices with 

respect to matters assigned or delegated to 

their respective components are hereby 

delegated the authority to: 

(i) Accept offers in compromise of claims 

on behalf of the United States in all cases in 

which the gross amount of the original claim 

does not exceed $5,000,000, so long as the 

difference between the gross amount of the 

original claim and the proposed settlement 

does not exceed $1,000,000; 

(ii) Accept offers in compromise of, or 

settle administratively, claims against the 

United States in all cases where the principal 

amount of the proposed settlement does not 

exceed $1,000,000; and, 

(iii) Reject any offers. 

(2) United States Attorneys with respect to 

matters assigned or delegated to their 

respective components are hereby delegated 

the authority to: 

(i) Accept offers in compromise of claims 

on behalf of the United States; 

(A) In all cases in which the gross amount 

of the original claim does not exceed 

$1,000,000 and, 

(B) In all cases in which the gross amount 

of the original claim does not exceed 

$5,000,000, so long as the difference between 

the gross amount of the original claim and 

the proposed settlement does not exceed 

$1,000,000; 

(ii) Accept offers in compromise of, or 

settle administratively, claims against the 

United States in all cases where the principal 

amount of the proposed settlement does not 

exceed $1,000,000 and, 

(iii) Reject any offers. 

(3) With respect to claims asserted in 

bankruptcy proceedings, the term gross 

amount of the original claim in 

subparagraphs (1)(i) and (2)(i) of this 

paragraph means liquidation value. 

Liquidation value is the forced sale value of 

the collateral, if any, securing the claim(s) 

plus the dividend likely to be paid for the 

unsecured portion of the claim(s) in an actual 

or hypothetical liquidation of the bankruptcy 

estate. 

(c) Subject to the limitations imposed by 

sections 1(e) and 4(c) of this directive, United 

States Attorneys, Directors, and Attorneys-inCharge are authorized to file suits, 

counterclaims, and cross-claims, to close, or 

to take any other action necessary to protect 

the interests of the United States in all 

routine nonmonetary cases, in all routine 

loan collection and foreclosure cases, and in 

other monetary claims or cases where the 

gross amount of the original claim does not 

exceed $1,000,000. Such actions in 

nonmonetary cases which are other than 

routine will be submitted for the approval of 

the Assistant Attorney General, Civil 

Division. 

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Federal Register / Vol. 75, No. 56 / Wednesday, March 24, 2010 / Rules and Regulations 14071 

(d) United States Attorneys may redelegate 

in writing the above-conferred compromise 

and suit authority to Assistant United States 

Attorneys who supervise other Assistant 

United States Attorneys who handle civil 

litigation. 

(e) Limitations on delegations. The 

authority to compromise cases, file suits, 

counter-claims, and cross-claims, to close 

cases, or take any other action necessary to 

protect the interests of the United States, 

delegated by paragraphs (a) and (b) of this 

section, may not be exercised, and the matter 

shall be submitted for resolution to the 

Assistant Attorney General, Civil Division, 

when: 

(1) For any reason, the proposed action, as 

a practical matter, will control or adversely 

influence the disposition of other claims 

totaling more than the respective amounts 

designated in the above paragraphs. 

(2) Because a novel question of law or a 

question of policy is presented, or for any 

other reason, the proposed action should, in 

the opinion of the officer or employee 

concerned, receive the personal attention of 

the Assistant Attorney General, Civil 

Division. 

(3) The agency or agencies involved are 

opposed to the proposed action. The views 

of an agency must be solicited with respect 

to any significant proposed action if it is a 

party, if it has asked to be consulted with 

respect to any such proposed action, or if 

such proposed action in a case would 

adversely affect any of its policies. 

(4) The U.S. Attorney involved is opposed 

to the proposed action and requests that the 

matter be submitted to the Assistant Attorney 

General for decision. 

(5) The case is on appeal, except as 

determined by the Director of the Appellate 

Staff. 

Section 2. Action Memoranda 

(a) Whenever, pursuant to the authority 

delegated by this Directive, an official of the 

Civil Division or a United States Attorney 

accepts a compromise, closes a claim or files 

a suit or claim, a memorandum fully 

explaining the basis for the action taken shall 

be executed and placed in the file. In the case 

of matters compromised, closed, or filed by 

United States Attorneys, a copy of the 

memorandum must, upon request therefrom, 

be sent to the appropriate Branch or Office 

of the Civil Division. 

(b) The compromising of cases or closing 

of claims or the filing of suits for claims, 

which a United States Attorney is not 

authorized to approve, shall be referred to the 

appropriate Branch or Office within the Civil 

Division, for decision by the Assistant 

Attorney General or the appropriate 

authorized person within the Civil Division. 

The referral memorandum should contain a 

detailed description of the matter, the United 

States Attorney’s recommendation, the 

agency’s recommendation where applicable, 

and a full statement of the reasons therefor. 

Section 3. Return of Civil Judgment Cases to 

Agencies 

Claims arising out of judgments in favor of 

the United States which cannot be 

permanently closed as uncollectible may be 

returned to the referring Federal agency for 

servicing and surveillance whenever all 

conditions set forth in USAM 4–2.230 have 

been met. 

Section 4. Authority for Direct Reference and 

Delegation of Civil Division Cases to United 

States Attorneys 

(a) Direct reference to United States 

Attorneys by agencies. The following civil 

actions under the jurisdiction of the Assistant 

Attorney General, Civil Division, may be 

referred by the agency concerned directly to 

the appropriate United States Attorney for 

handling in trial courts, subject to the 

limitations imposed by paragraph (c) of this 

section. United States Attorneys are hereby 

delegated the authority to take all necessary 

steps to protect the interests of the United 

States, without prior approval of the 

Assistant Attorney General, Civil Division, or 

his representatives, subject to the limitations 

set forth in section 1(e) of this directive. 

Agencies may, however, if special handling 

is desired, refer these cases to the Civil 

Division. Also, when constitutional questions 

or other significant issues arise in the course 

of such litigation, or when an appeal is taken 

by any party, the Civil Division should be 

consulted. 

(1) Money claims by the United States, 

except claims involving penalties and 

forfeitures, where the gross amount of the 

original claim does not exceed $1,000,000. 

(2) Single family dwelling house 

foreclosures arising out of loans made or 

insured by the Department of Housing and 

Urban Development, the Department of 

Veterans Affairs and the Farm Service 

Agency. 

(3) Suits to enjoin violations of, and to 

collect penalties under, the Agricultural 

Adjustment Act of 1938, 7 U.S.C. 1376, the 

Packers and Stockyards Act, 7 U.S.C. 203, 

207(g), 213, 215, 216, 222, and 228a, the 

Perishable Agricultural Commodities Act, 

1930, 7 U.S.C. 499c(a) and 499h(d), the Egg 

Products Inspection Act, 21 U.S.C. 1031 et 

seq., the Potato Research and Promotion Act, 

7 U.S.C. 2611 et seq., the Cotton Research 

and Promotion Act of 1966, 7 U.S.C. 2101 et 

seq., the Federal Meat Inspection Act, 21 

U.S.C. 601 et seq., and the Agricultural 

Marketing Agreement Act of 1937, as 

amended, 7 U.S.C. 601 et seq. 

(4) Suits by social security beneficiaries 

under the Social Security Act, 42 U.S.C. 402 

et seq. 

(5) Social Security disability suits under 42 

U.S.C. 423 et seq. 

(6) Black lung beneficiary suits under the 

Federal Coal Mine Health and Safety Act of 

1969, 30 U.S.C. 921 et seq. 

(7) Suits by Medicare beneficiaries under 

42 U.S.C. 1395ff. 

(8) Garnishment actions authorized by 42 

U.S.C. 659 for child support or alimony 

payments and actions for general debt, 5 

U.S.C. 5520a. 

(9) Judicial review of actions of the 

Secretary of Agriculture under the food 

stamp program, pursuant to the provisions of 

7 U.S.C. 2022 involving retail food stores. 

(10) Cases referred by the Department of 

Labor for the collection of penalties or for 

injunctive action under the Fair Labor 

Standards Act of 1938 and the Occupational 

Safety and Health Act of 1970. 

(11) Cases referred by the Department of 

Labor solely for the collection of civil 

penalties under the Farm Labor Contractor 

Registration Act of 1963, 7 U.S.C. 2048(b). 

(12) Cases referred by the Surface 

Transportation Board to enforce orders of the 

Surface Transportation Board or to enjoin or 

suspend such orders pursuant to 28 U.S.C. 

1336. 

(13) Cases referred by the United States 

Postal Service for injunctive relief under the 

nonmailable matter laws, 39 U.S.C. 3001 et 

seq. 

(b) Delegation to United States Attorneys. 

Upon the recommendation of the appropriate 

Director, the Assistant Attorney General, 

Civil Division may delegate to United States 

Attorneys suit authority involving any claims 

or suits where the gross amount of the 

original claim does not exceed $5,000,000 

where the circumstances warrant such 

delegations. United States Attorneys may 

compromise any case redelegated under this 

subsection in which the gross amount of the 

original claim does not exceed $5,000,000, so 

long as the difference between the gross 

amount of the original claim and the 

proposed settlement does not exceed 

$1,000,000. United States Attorneys may 

close cases redelegated to them under this 

subsection only upon the authorization of the 

appropriate authorized person within the 

Department of Justice. All delegations 

pursuant to this subsection shall be in 

writing and no United States Attorney shall 

have authority to compromise or close any 

such delegated case or claim except as is 

specified in the required written delegation 

or in section 1(c) of this directive. The 

limitations of section 1(e) of this directive 

also remain applicable in any case or claim 

delegated hereunder. 

(c) Cases not covered. Regardless of the 

amount in controversy, the following matters 

normally will not be delegated to United 

States Attorneys for handling but will be 

personally or jointly handled or monitored 

by the appropriate Branch or Office within 

the Civil Division: 

(1) Cases in the Court of Federal Claims. 

(2) Cases within the jurisdiction of the 

Commercial Litigation Branch involving 

patents, trademarks, copyrights, etc. 

(3) Cases before the United States Court of 

International Trade. 

(4) Any case involving bribery, conflict of 

interest, breach of fiduciary duty, breach of 

employment contract, or exploitation of 

public office. 

(5) Any fraud or False Claims Act case 

where the amount of single damages exceeds 

$1,000,000. 

(6) Any case involving vessel-caused 

pollution in navigable waters. 

(7) Cases on appeal, except as determined 

by the Director of the Appellate Staff. 

(8) Any case involving litigation in a 

foreign court. 

(9) Criminal proceedings arising under 

statutes enforced by the Food and Drug 

Administration, the Consumer Product Safety 

Commission, the Federal Trade Commission, 

and the National Highway Traffic Safety 

Administration (relating to odometer 

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tampering), except as determined by the 

Director of the Office of Consumer Litigation. 

(10) Nonmonetary civil cases, including 

injunction suits, declaratory judgment 

actions, and applications for inspection 

warrants, and cases seeking civil penalties 

including but not limited to those arising 

under statutes enforced by the Food and Drug 

Administration, the Consumer Product Safety 

Commission, the Federal Trade Commission, 

and the National Highway Traffic Safety 

Administration (relating to odometer 

tampering), except as determined by the 

Director of the Office of Consumer Litigation. 

(11) Administrative claims arising under 

the Federal Tort Claims Act. 

Section 5. Civil Investigative Demands 

Authority relating to Civil Investigative 

Demands issued under the False Claims Act 

is hereby delegated to United States 

Attorneys in cases that are delegated or 

assigned as monitored to their respective 

components. In accordance with guidelines 

provided by the Assistant Attorney General, 

each United States Attorney must provide 

notice and a report of Civil Investigative 

Demands issued by the United States 

Attorney. When a case is jointly handled by 

the Civil Division and a United States 

Attorney’s Office, the Civil Division will 

issue a Civil Investigative Demand only after 

requesting the United States Attorney’s 

recommendation. 

Section 6. Adverse Decisions 

All final judicial decisions adverse to the 

Government involving any direct reference or 

delegated case must be reported promptly to 

the Assistant Attorney General, Civil 

Division, attention Director, Appellate Staff. 

Consult title 2 of the United States Attorney’s 

Manual for procedures and time limitations. 

An appeal cannot be taken without approval 

of the Solicitor General. Until the Solicitor 

General has made a decision whether an 

appeal will be taken, the Government 

attorney handling the case must take all 

necessary procedural actions to preserve the 

Government’s right to take an appeal, 

including filing a protective notice of appeal 

when the time to file a notice of appeal is 

about to expire and the Solicitor General has 

not yet made a decision. Nothing in the 

foregoing directive affects this obligation. 

Section 7. Supersession 

This directive supersedes Civil Division 

Directive No. 14–95 regarding redelegation of 

the Assistant Attorney General’s authority in 

Civil Division cases to Branch Directors, 

heads of offices and United States Attorneys. 

Section 8. Applicability 

This directive applies to all cases pending 

as of the date of this directive and is effective 

immediately. 

Section 9. No Private Right of Action 

This directive consists of rules of agency 

organization, procedure, and practice and 

does not create a private right of action for 

any private party to challenge the rules or 

actions taken pursuant to them. 

* * * * * 

Dated: March 8, 2010. 

Tony West, 

Assistant Attorney General, Civil Division. 

[FR Doc. 2010–5816 Filed 3–23–10; 8:45 am] 

BILLING CODE 4410–12–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2010–0143] 

RIN 1625–AA00 

Safety Zones; March Fireworks 

Displays Within the Captain of the Port 

Puget Sound Area of Responsibility 

(AOR) 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The U.S. Coast Guard is 

establishing two safety zones on the 

waters of Puget Sound, WA for firework 

displays. This action is necessary to 

provide for the safety of life on 

navigable waters during the fireworks 

displays. Entry into, transit through, 

mooring, or anchoring within these 

zones is prohibited unless authorized by 

the Captain of the Port, Puget Sound or 

Designated Representative. 

DATES: Effective Date: this rule is 

effective in the CFR from March 24, 

2010 until 12:01 a.m. March 28, 2010. 

This rule is effective with actual notice 

for purposes of enforcement beginning 7 

p.m. March 6, 2010, unless canceled 

sooner by the Captain of the Port. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket USCG–2010– 

0143 and are available online by going 

to http://www.regulations.gov, inserting 

USCG–2010–0143 in the ‘‘Keyword’’ 

box, and then clicking ‘‘Search.’’ They 

are also available for inspection or 

copying at the Docket Management 

Facility (M–30), U.S. Department of 

Transportation, West Building Ground 

Floor, Room W12–140, 1200 New Jersey 

Avenue, SE., Washington, DC 20590, 

between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this temporary 

rule, call or e-mail ENS Ashley M. 

Wanzer, Waterways Management, 

Sector Seattle, Coast Guard; telephone 

206–217–6175, e-mail 

SectorSeattleWWM@uscg.mil. If you 

have questions on viewing the docket, 

call Renee V. Wright, Program Manager, 

Docket Operations, telephone 202–366– 

9826. 

SUPPLEMENTARY INFORMATION: 

Regulatory Information 

The Coast Guard is issuing this 

temporary final rule without prior 

notice and opportunity to comment 

pursuant to authority under section 4(a) 

of the Administrative Procedure Act 

(APA) (5 U.S.C. 553(b)). This provision 

authorizes an agency to issue a rule 

without prior notice and opportunity to 

comment when the agency for good 

cause finds that those procedures are 

‘‘impracticable, unnecessary, or contrary 

to the public interest.’’ Under 5 U.S.C. 

553(b)(B), the Coast Guard finds that 

good cause exists for not publishing a 

notice of proposed rulemaking (NPRM) 

with respect to this rule because it is 

contrary to public interest to delay the 

effective date of this rule. Delaying the 

effective date by first publishing an 

NPRM would be contrary to the safety 

zone’s intended objectives since 

immediate action is needed to protect 

persons and vessels against the hazards 

associated with fireworks displays on 

navigable waters. Such hazards include 

premature detonations, dangerous 

projectiles and falling or burning debris. 

For the same reasons as above, under 

5 U.S.C. 553(d)(3), the Coast Guard finds 

that good cause exists for making this 

rule effective less than 30 days after 

publication in the Federal Register. Due 

to the need for immediate action, the 

restriction of vessel traffic is necessary 

to protect life, property and the 

environment; therefore, a 30-day notice 

is impracticable. Delaying the effective 

date would be contrary to the safety 

zone’s intended objectives of protecting 

persons and vessels involved in the 

event, and enhancing public and 

maritime safety. 

Background and Purpose 

Fireworks displays are frequently 

held from locations on or near the 

navigable waters of the United States. 

The potential hazards associated with 

fireworks displays are a safety concern 

during such events. The purpose of this 

rule is to promote public and maritime 

safety during fireworks displays, and to 

protect mariners transiting the area from 

the potential hazards associated with 

the fireworks displays, such as the 

accidental discharge of fireworks, 

dangerous projectiles, and falling hot 

embers or other debris. This rule is 

needed to ensure safety on the waterway 

during the scheduled events. 

This rule will control the movement 

of all vessel operators in a regulated area 

surrounding the fireworks events 

indicated in this Temporary Final Rule. 

Entry into these zones by all vessel 

operators or persons will be prohibited 

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