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 substantially 

affect 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. 


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

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 such 

redelegation 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 such 

redelegation 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 


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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 


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