## 15212 Federal Register / Vol. 76, No. 54 / Monday, March 21, 2011 / Rules and Regulations

Done in Washington, DC, this 16th day of March 2011. Kevin Shea, Acting Administrator, Animal and Plant Health Inspection Service.

[FR Doc. 2011–6538 Filed 3–18–11; 8:45 am]

**BILLING CODE 3410–34–P**



### DEPARTMENT OF TRANSPORTATION

**Federal Aviation Administration**

**14 CFR Part 129**

**[Docket No. FAA–2009–0140; Amdt. No. 129–49–A]** 

**RIN 2120–AJ45**



### Operations Specifications; Correction

**AGENCY** 

### : Federal Aviation Administration (FAA), DOT.

**ACTION** 

### : Final rule; correction.

**SUMMARY** 

### : The FAA is correcting a final rule published on February 10, 2011 (76 FR 7482). In that rule, the FAA amended its regulations to clarify and standardize the rules for applications by foreign air carriers and foreign persons for part 129 operations specifications and establish new standards for amendment, suspension, and termination of those operations specifications. This document corrects errors in the codified text of that document.

**DATES** 

### : The final rule and this correction will become effective on April 11, 2011.

**FOR FURTHER INFORMATION CONTACT** 

### : For technical questions contact Darcy D. Reed, International Programs and Policy Division, AFS–50, Flight Standards Service, Federal Aviation Administration, 800 Independence Avenue, SW., Washington DC 20591; email: Darcy.D.Reed@faa.gov; Telephone: 202–385–8078. For legal questions contact Lorna John, Office of the Chief Counsel, Regulations Division, AGC– 200, Federal Aviation Administration, 800 Independence Avenue, SW., Washington, DC 20591; e-mail: Lorna.John@faa.gov; Telephone: 202–
267–3921.

**SUPPLEMENTARY INFORMATION** 

### : Background

On February 10, 2011, the FAA published a final rule entitled,

‘‘ Operations Specifications ’’ (76 FR 7482).

In that final rule the FAA revised its regulations to clarify and standardize the rules for applications by foreign air carriers and foreign persons for part 129 operations specifications and establish new standards for amendment, suspension, and termination of those operations specifications. As part of the amendment, the FAA added new § 129.9(a)(2) and (b)(2) concerning the designation of an agent for service. The

**DATES** 

### section correctly listed the compliance date for § 129.9(a)(2) and (b)(2) as February 10, 2012. Section 129.9(a)(2) and (b)(2) in the regulatory text incorrectly stated that the compliance date was ‘‘Within 1 year after February 10, 2012. ’’

Correction

In FR Doc. 2011–2834, beginning on page 7484 in the Federal Register of February 10, 2011, make the following
corrections:
Corrections to Regulatory Text

**§ 129.9 [Corrected]**



### 1. On page 7489, in the third column, in § 129.9(a)(2) and (b)(2), remove the words ‘‘February 10, 2012 ’’ and add in their place the words ‘‘February 10,

2011 ’’

.

Issued in Washington, DC, on March 15,

2011. Pamela Hamilton-Powell, Director, Office of Rulemaking.

[FR Doc. 2011–6489 Filed 3–18–11; 8:45 am]

**BILLING CODE 4910–13–P**



### DEPARTMENT OF JUSTICE

**28 CFR Part 0**

**[Tax Division Directive No. 139]**



### Redelegation of Authority to **Compromise and Close Civil Claims**

**AGENCY** 

### : Department of Justice.

**ACTION** 

### : Final rule.

**SUMMARY** 

### : This Tax Division directive delegates to a Principal Deputy Assistant Attorney General all of the Assistant Attorney General’s authority to compromise and close civil claims, except when such action is opposed by the client agency or agencies. This Tax Division directive further delegates settlement authority of the Chiefs of the Civil Trial Sections, the Court of Federal Claims Section, the Appellate Section, the Office of Review, and the Deputy Assistant Attorneys General, to compromise and close civil claims. In addition, this directive allows discretionary redelegation of limited authority by a Section Chief to his or her Assistant Chiefs and Reviewers. This directive supersedes Directive No. 135.

**DATES** 

### : Effective Date: March 21, 2011.

**FOR FURTHER INFORMATION CONTACT** 

### : Deborah Meland, Tax Division, Department of Justice, Washington, DC 20530, (202) 307–6567.

**SUPPLEMENTARY INFORMATION** 

### : This rule relates to internal agency management. Therefore, pursuant to 5 U.S.C. 553, notice of proposed rulemaking and opportunity for comment are not required, and this rule may be made effective less than 30 days after publication in the Federal Register

. This regulation is not a significant rule within the meaning of Executive Order 13866, as amended, and therefore was not reviewed by the Office of Management and Budget. This regulation does not have an impact on small entities and, therefore, is not subject to the Regulatory Flexibility Act. This action pertains to agency management, personnel and organization and does not substantiallyaffect the rights or obligations of nonagency parties and, accordingly, is not

a ‘‘rule ’’ as that term is used by the Congressional Review Act (Subtitle E of the Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA)). Therefore, the reporting requirement of 5 U.S.C. 801 does not apply.
List of Subjects in 28 CFR Part 0

Authority delegations (Government agencies), Government employees, Organization and functions (Government agencies).

Accordingly, 28 CFR part 0 is amended as follows:

**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, 515–19.

■ 

### 2. The Appendix to subpart Y of part 0 is amended by removing Tax Division Directive No. 135 and adding in its place Tax Division Directive No. 139, to read as follows:
Appendix to Subpart Y of Part 0— Redelegations of Authority To Compromise and Close Civil Claims

* * * * *

[Tax Division Directive No. 139]

By virtue of the authority vested in me by Part 0 of Title 28 of the Code of Federal Regulations, particularly Sections 0.70, 0.160, 0.162, 0.164, 0.166, and 0.168, it is hereby ordered as follows:

Section 1. The Chiefs of the Civil Trial Sections, the Court of Federal Claims Section, and the Appellate Section are authorized to reject offers in compromise, regardless of amount, provided that such action is not opposed by the agency or agencies involved.


## 15213 Federal Register / Vol. 76, No. 54 / Monday, March 21, 2011 / Rules and Regulations

Section 2. Subject to the conditions and limitations set forth in Section 11 hereof, the Chiefs of the Civil Trial Sections and the Court of Federal Claims Section are authorized to:

(A) Accept offers in compromise in, settle administratively, and close (other than by compromise or by entry of judgment), all civil cases in which the amount of the Government’s concession, exclusive of statutory interest, does not exceed $500,000;

(B) Accept offers in compromise in injunction or declaratory judgment suits against the United States in which the principal amount of the related liability, if any, does not exceed $500,000; and

(C) Accept offers in compromise in all other nonmonetary cases; provided that such action is not opposed by the agency or agencies involved, and provided further that the proposed compromise or concession is not subject to reference to the Joint Committee on Taxation.

Section 3. The Chiefs of the Civil Trial Sections and the Court of Federal Claims Section are authorized on a case-by-case basis to redelegate in writing to their respective Assistant Section Chiefs or Reviewers the authority delegated to them in Section 1 hereof to reject offers, and in Section 2 hereof, to accept offers in compromise in, settle administratively, and close (other than by compromise or by entry of judgment), all civil cases in which the amount of the Government’s concession, exclusive of statutory interest, does not exceed $250,000; provided that suchredelegation is not made to the attorney-ofrecord in the case. Redelegations pursuant to this section shall be by memorandum signed by the Section Chief, which shall be placed in the Department of Justice file for the applicable case.

Section 4. Subject to the conditions and limitations set forth in Section 11 hereof, the Chief of the Appellate Section is authorized

to:

(A) Accept offers in compromise with reference to litigating hazards of the issue(s) on appeal in all civil cases (other than claims for attorneys’ fees, litigation expenses and court costs) in which the amount of the Government’s concession, exclusive of statutory interest, does not exceed $500,000;

(B) Accept offers in compromise in injunction [see sec. 2(B)] or declaratory judgment suits against the United States in which the principal amount of the related liability, if any, does not exceed $500,000;

(C) Accept offers in compromise in, or settle administratively, all civil claims for attorneys’ fees, litigation expenses and court costs in which the aggregate amount of the Government’s concession on these claims does not exceed $200,000, and in which the aggregate amount of the Government’s concession in the case, exclusive of statutory interest, does not exceed $500,000; and

(D) Accept offers in compromise in all other nonmonetary cases which do not involve issues concerning collectibility; provided that (i) such acceptance is not opposed by the agency or agencies involved or the chief of the section in which the case originated, and (ii) the proposed compromise is not subject to reference to the Joint
Committee on Taxation. Section 5. The Chief of the Appellate Section is authorized on a case-by case basis to redelegate in writing to the Appellate Section’s Assistant Section Chiefs the authority delegated to the Chief of the Appellate Section in Section 1 hereof to reject offers, and in Section 4 hereof, to:

(A) Accept offers in compromise with reference to litigation hazards of the issue(s) on appeal in all civil cases (other than claims for attorneys’ fees, litigation expenses and court costs) in which the amount of the Government’s concession, exclusive of statutory interest, does not exceed $250,000; and

(B) Accept offers in compromise in, or settle administratively, all civil claims for attorneys’ fees, litigation expenses and court costs in which the aggregate amount of the Government’s concession on these claims does not exceed $100,000, and in which the aggregate amount of the Government’s concession in the case, exclusive of statutory interest, does not exceed $250,000; provided that such redelegation is not made to the attorney-of-record in the case. The redelegations pursuant to this section shall be by memorandum signed by the Chief of the Appellate Section, which shall be placed in the Department of Justice file for the applicable case.

Section 6. Subject to the conditions and limitations set forth in Section 11 hereof, the Chief of the Office of Review is authorized

to:

(A) Accept offers in compromise and settle administratively claims against the United States in all civil cases in which the amount of the Government’s concession, exclusive of statutory interest, does not exceed $1,500,000; and

(B) Accept offers in compromise and close (other than by compromise or by entry of judgment), claims by the United States in all civil cases in which the difference between the gross amount of the original claim and the proposed settlement does not exceed $1,500,000 or 15 percent of the original claim, whichever is greater;

(C) Accept offers in compromises in all nonmonetary cases; and

(D) Reject offers in compromise or disapprove concessions, regardless of
amount; provided that such action is not opposed by the agency or agencies involved or the chief of the section to which the case is assigned, and provided further that the proposed compromise or concession is not subject to reference to the Joint Committee on Taxation.

Section 7. The Chief, Office of Review, is authorized on a case-by-case basis to redelegate in writing to the office’s Assistant Section Chief or Reviewer the authority delegated to the Chief, Office of Review in Section 6 hereof to reject offers, and in Section 6 hereof, to accept offers in compromise in, settle administratively, and close (other than by compromise or by entry of judgment), all civil cases in which the amount of the Government’s concession, exclusive of statutory interest, does not exceed $750,000; provided that suchredelegation is not made to the attorney-ofrecord in the case. The redelegations pursuant to this section shall be made by memorandum signed by the Section Chief, which shall be placed in the Department of Justice file for the applicable case.

Section 8. Subject to the conditions and limitations set forth in Section 11 hereof, each of the Deputy Assistant Attorneys General is authorized to:

(A) Accept offers in compromise and settle administratively claims against the United States in all civil cases in which the amount of the Government’s concession, exclusive of statutory interest, does not exceed $2,000,000;

(B) Accept offers in compromise and close (other than by compromise or by entry of judgment), claims by the United States in all civil cases in which the difference between the gross amount of the original claim and the proposed settlement does not exceed $2,000,000 or 15 percent of the original claim, whichever is greater;

(C) Accept offers in compromise in all nonmonetary cases; and

(D) Reject offers in compromise or disapprove concessions, regardless of
amount; provided that such action is not opposed by the agency or agencies involved and the proposed compromise or concession is not subject to reference to the Joint Committee on
Taxation.

Section 9. In addition to the actions authorized by Section 8 hereof, and subject to the conditions and limitations set forth in Section 10 hereof, a Principal Deputy Assistant Attorney General is authorized to:

(A) Accept offers in compromise and settle administratively claims against the United States in all civil cases, regardless of amount in all cases in which the Joint Committee on Taxation has indicated that it has no adverse criticism of the proposed settlement, provided that such action is not opposed by the agency or agencies involved.

(B) Consistent with, and subject to the limitations of, 28 CFR 0.168, and in the absence of an Assistant Attorney General, redelegate authority under this Directive to subordinate division officials and United States Attorneys.

Section 10. Subject to the conditions and limitations set forth in Section 11 hereof, United States Attorneys are authorized to:

(A) Reject offers in compromise of judgments in favor of the United States, regardless of the amount;

(B) Accept offers in compromise of judgments in favor of the United States where the amount of the judgment does not exceed $300,000; and

(C) Terminate collection activity by his or her office as to judgments in favor of the United States which do not exceed $300,000 if the United States Attorney concludes that the judgment is uncollectible; provided that such action has the concurrence in writing of the agency or agencies involved, provided further that this authorization extends only to judgments which have been formally referred to the United States Attorney for collection.

Section 11. The authority redelegated herein shall be subject to the following conditions and limitations;

(A) When, for any reason, the compromise or concession of a particular claim, as a


## 15214 Federal Register / Vol. 76, No. 54 / Monday, March 21, 2011 / Rules and Regulations

practical matter, will control or adversely influence the disposition of other claims totaling more than the respective amounts designated in Sections 2, 3, 4, 5, 6, 7, 8, 9, and 10 hereof, the case shall be forwarded for review at the appropriate level for the cumulative amount of the affected claims;

(B) When, because of the importance of a question of law or policy presented, the position taken by the agency or agencies or by the United States Attorney involved, or any other considerations, the person otherwise authorized herein to take final action is of the opinion that the proposed disposition should be reviewed at a higher level, the case shall be forwarded for such review;

(C) If the Department has previously submitted a case to the Joint Committee on Taxation leaving one or more issues unresolved, any subsequent compromise or concession in that case must be submitted to the Joint Committee, whether or not the overpayment exceeds the amount specified in Section 6405 of the Internal Revenue Code;

(D) Nothing in this Directive shall be construed as altering any provision of Subpart Y of Part 0 of Title 28 of the Code of Federal Regulations requiring the submission of certain cases to the Attorney General, the Associate Attorney General, or the Solicitor General;

(E) Authority to approve recommendations that the Government confess error in or to concede cases on appeal is excepted from the foregoing redelegations; and

(F) The Assistant Attorney General, at any time, may withdraw any authority delegated by this Directive as it relates to any particular case or category of cases, or to any part thereof.

Section 12. With respect to a claim by the United States (also sometimes referred to as a claim on behalf of the United States), the

term ‘‘ offer in compromise ’’ as used in this Directive is any settlement of such a claim, except settlements in which the United States would receive nothing or virtually nothing in exchange for giving up its claim; and the term ‘‘to close (other than by compromise or entry of judgment), ’’ refers to a settlement under which the United States would receive nothing, or virtually nothing in exchange for giving up its claim.

Section 13. For a claim against the United States, the term ‘‘ offer in compromise ’’ as used in this Directive is any settlement of such a claim, except settlements in which the United States would receive nothing, or virtually nothing, in exchange for conceding the claim against it; and the term to ‘‘ settle administratively, ’’ means a settlement in which the United States would receive nothing, or virtually nothing, for conceding the claim against it.

Section 14. This Directive supersedes Tax Division Directive No. 135, which was effective November 21, 2007.

Section 15. This Directive shall become effective on March 21, 2011.

Dated: February 14, 2011. John A. DiCicco, Acting Assistant Attorney General.

[FR Doc. 2011–6530 Filed 3–18–11; 8:45 am]

**BILLING CODE 4410–16–P** 

### DEPARTMENT OF HOMELAND **SECURITY**

**Coast Guard**

**33 CFR Part 100**

**[Docket No. USCG–2010–1113]**

**RIN 1625–AA08**



### Special Local Regulations for Marine **Events; Potomac River, Charles County, MD** 

**AGENCY** 

### : Coast Guard, DHS.

**ACTION** 

### : Temporary final rule.

**SUMMARY** 

### : The Coast Guard is establishing special local regulations during the ‘‘Potomac River Sharkfest
Swim’’ amateur swim, a marine event to be held on the waters of the Potomac River. These special local regulations are necessary to provide for the safety of life on navigable waters during the event. This action is intended to temporarily restrict vessel traffic in a portion of the Potomac River during the

event.

**DATES** 

### : This rule is effective from 7 a.m. until 12:30 p.m. on May 22, 2011.

**ADDRESSES** 

### : Comments and material received from the public, as well as documents mentioned in this preamble as being available in the docket, are part of docket USCG–2010–1113 and are available online by going to http:// www.regulations.gov, inserting USCG– 2010–1113 in the ‘‘ Keyword’’ box, and then clicking ‘‘ Search. ’’ This material is 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 Mr. Ronald Houck, U.S. Coast Guard Sector Baltimore, MD; telephone 410–576–2674, e-mail Ronald.L.Houck@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

On January 10, 2011, we published a notice of proposed rulemaking (NPRM) entitled ‘‘ Special Local Regulations for Marine Events; Potomac River, Charles County, MD ’’ in the Federal Register (76 FR 1381). We received no comments on the proposed rule. No public meeting was requested, and none was held. Basis and Purpose
On May 22, 2011, Enviro-Sports Productions, Inc. of Stinson Beach, California, will sponsor an amateur swim across the Potomac River between Newburg, Maryland and King George, Virginia. The event consists of up to 500 swimmers on a course located upriver and parallel to the Governor Harry W. Nice Memorial (US–301) Bridge. The swimmers will be supported by sponsor-provided watercraft. The start will be located along the shore at the Aqua-Land Marina and the finish will be located along the shore at Dahlgren Wayside Park. A portion of the swim course will cross the Federal navigation channel. Due to the need for vessel control during the event, the Coast Guard will temporarily restrict vessel traffic in the event area to provide for the safety of participants, spectators and other transiting vessels.
Discussion of Comments and Changes

The Coast Guard received no comments in response to the NPRM and SNPRM. No public meeting was requested and none was held.
Regulatory Analyses

We developed this rule after considering numerous statutes and executive orders related to rulemaking. Below we summarize our analyses based on 13 of these statutes or executive orders.
Regulatory Planning and Review

This rule is not a significant regulatory action under section 3(f) of Executive Order 12866, Regulatory Planning and Review, and does not require an assessment of potential costs and benefits under section 6(a)(3) of that Order. The Office of Management and Budget has not reviewed it under that Order.

Although this regulation will prevent traffic from transiting a portion of the Potomac River during the event, the effect of this regulation will not be significant due to the limited duration that the regulated area will be in effect and the extensive advance notifications that will be made to the maritime community via the Local Notice to Mariners and marine information broadcasts, so mariners can adjust their plans accordingly. Additionally, the regulated area has been narrowly tailored to impose the least impact on general navigation yet provide the level of safety deemed necessary. Vessel traffic will be able to transit safely through a portion of the regulated area, but only after the last participant has cleared that portion of the regulated area