Federal Register / Vol. 60, No. 58 / Monday, March 27, 1995 / Rules and Regulations 15673

export of California heavy crude oil

having a gravity of 20.0 degrees API or

lower, at an average volume not to

exceed 25 MB/D, will be authorized as

follows.

(1) Applicants must submit their

applications on Form BXA–622P to the

following address: Office of Exporter

Services, ATTN: Short Supply

Program—Petroleum, Bureau of Export

Administration, U.S. Department of

Commerce, P.O. Box 273, Washington,

DC 20044.

(2) The quantity stated on each

application must be the total number of

barrels proposed to be exported under

the license—not a per-day rate. This

quantity must not exceed 25 percent of

the annual authorized export quota.

Potential applicants may inquire of BXA

as to the amount of the annual

authorized export quota available.

(3) Each application shall be

accompanied by a certification by the

applicant that the California heavy

crude oil:

(i) Has a gravity of 20.0 degrees API

or lower;

(ii) Was produced within the state of

California, including its submerged state

lands;

(iii) Was not produced or derived

from a U.S. Naval Petroleum Reserve;

and

(iv) Was not produced from

submerged lands of the U.S. Outer

Continental Shelf.

(4) Each license application must be

based on an order, as defined by

§ 772.6(a) of this subchapter and must

be accompanied by documentary

evidence of an order as described in

§ 772.6(a)(2), e.g., a letter of intent.

(5) The Office of Chemical and

Biological Controls and Treaty

Compliance (CBTC) will adhere to the

following procedures for licensing

exports of California heavy crude oil:

(i) CBTC will issue individual

validated licenses for approved

applications in the order in which the

applications are received (date-time

stamped upon receipt by CBTC), with

the total quantity authorized for any one

license not to exceed 25 percent of the

annual authorized volume of California

heavy crude oil.

(ii) CBTC will approve only one

application per month for each

company and its affiliates.

(iii) CBTC will consider the following

factors (among others) when

determining what action should be

taken on individual license

applications:

(A) The number of validated licenses

to export California heavy crude oil that

have been issued to the applicant or its

affiliates during the then-current

calendar year;

(B) The number of applications

pending in CBTC that have been

submitted by applicants who have not

previously been issued validated

licenses under this section to export

California heavy crude oil during the

then-current calendar year; and,

(C) The percentage of the total amount

of California heavy crude oil authorized

under other export licenses previously

issued to the applicant pursuant to this

section that has actually been exported

by the applicant.

(iv) CBTC will approve applications

contingent upon the licensee providing

documentation meeting the

requirements of both paragraphs

(k)(5)(iv) (A) and (B) of this section prior

to any export under the license:

(A) Documentation showing that the

applicant has or will acquire title to the

quantity of barrels stated in the

application. Such documentation shall

be either:

(1) An accepted contract or bill of sale

for the quantity of barrels stated in the

application; or

(2) A contract to purchase the

quantity of barrels stated in the

application, which may be contingent

upon issuance of an export license to

the applicant.

(B) Documentation showing that the

applicant has a contract to export the

quantity of barrels stated in the

application. The contract which may be

contingent upon issuance of the export

license to the applicant.

(v) CBTC will carry forward any

portion of the 25 MB/D quota that has

not been licensed, except that no

unallocated portions will be carried

forward more than 90 days into a new

calendar year. Applications to export

against any carry forward must be filed

with CBTC by January 15 of the carryforward year.

(vi) CBTC will return to the available

authorized export quota any portion of

the 25 MB/D per day quota that has

been licensed, but not shipped, during

the 90-day validity period of the license.

(vii) CBTC will not carry over to the

next calendar year pending applications

from the previous year.

(6) License holders:

(i) Have 90 calendar days from the

date the license was issued to export the

quantity of California heavy crude oil

authorized on the license. Within 30

days of any export under the license, the

exporter must provide CBTC with a

certified statement confirming the date

and quantity of California heavy crude

oil exported.

(ii) Must submit to CBTC, prior to any

export under the license, the

documentation required by paragraph

(k)(5)(iv) of this section.

(iii) May combine authorized

quantities into one or more shipments,

provided that the validity period of

none of the affected licenses has

expired.

(iv) Are prohibited from transferring

the license to another party without

prior written authorization from CBTC

in accordance with § 772.13 of this

subchapter.

(7) CBTC will allow, pursuant to

§ 786.7(c) of this subchapter, a 10-

percent tolerance on the unshipped

balance based upon the volume of

barrels it has authorized. CBTC will

allow a 25-percent shipping tolerance

on the total dollar value of the license.

Dated: March 22, 1995.

Sue E. Eckert,

Assistant Secretary for Export

Administration.

[FR Doc. 95–7525 Filed 3–24–95; 8:45 am]

BILLING CODE 3510–DT–P

SECURITIES AND EXCHANGE

COMMISSION

17 CFR Part 200

[Release No. 34–35483A]

Organization and Program

Management; Correction

AGENCY: Securities and Exchange

Commission.

ACTION: Correction to final rule.

SUMMARY: This document contains a

correction to the final rule which was

published on Monday, March 20, 1995

(60 FR 14622). The rule updated the

Commission’s rules on organization and

program management.

EFFECTIVE DATE: March 27, 1995.

FOR FURTHER INFORMATION CONTACT:

David M. Goldenberg, Office of

Regulatory Policy, Division of

Investment Management, (202) 942–

4525.

SUPPLEMENTARY INFORMATION:

Background

The Commission has undertaken a

comprehensive review of the rules

governing its organization and program

management. The final rule that is the

subject of this correction results from

that review.

Need for Correction

As published, the final rule describes

in the section entitled ‘‘Supplementary

Information’’ certain amendments that,

while approved by the Commission,
15674 Federal Register / Vol. 60, No. 58 / Monday, March 27, 1995 / Rules and Regulations

were inadvertently omitted from the

Text of Amendments.

Correction of Publication

Accordingly, the publication on

March 20, 1995 of the final rule [Release

No. 34–35483], which was the subject of

FR Doc. 95–6696, is corrected as

follows:

§ 200.30–5 [Amended]

1. On Page 14628, in the third

column, amendatory instruction 31a is

added to read as follows: ‘‘31a. Section

200.30–5 is amended by removing

paragraph (f)(5) and redesignating

paragraphs (f)(6), (f)(7), (f)(8) and (f)(9)

as paragraphs (f)(5), (f)(6), (f)(7) and

(f)(8).’’

Dated: March 21, 1995.

Margaret H. McFarland,

Deputy Secretary.

FR Doc. 95–7394 Filed 3–24–95; 8:45 am]

BILLING CODE 8010–01–M

DEPARTMENT OF JUSTICE

28 CFR Part 0

[AG Order No. 1958–95]

Authority of United States Attorneys

To Compromise and Close Civil Claims

AGENCY: Department of Justice.

ACTION: Final rule.

SUMMARY: This rule increases the United

States Attorneys’ settlement authority in

civil matters. It also inserts appropriate

references to the Associate Attorney

General as an official with certain

decisionmaking authority and to whom

certain reports are to be made. This rule

is being promulgated to increase

Department efficiency.

EFFECTIVE DATE: March 27, 1995.

FOR FURTHER INFORMATION CONTACT:

Juliet A. Eurich, Legal Counsel,

Executive Office for U.S. Attorneys,

Department of Justice, Main Building,

Room 1643, 10th & Pennsylvania

Avenue NW., Washington, DC 20530;

telephone (202) 514–4024.

SUPPLEMENTARY INFORMATION: In subpart

Y of 28 CFR part 0, the Attorney General

has delegated to the various Assistant

Attorneys General certain of her

authority to compromise and close civil

claims. Section 0.168(d) authorizes the

various Assistant Attorneys General to

redelegate certain of that authority to

United States Attorneys. They have

done so in various directives reprinted

as appendices to subpart Y.

This rule increases the dollar value of

claims that may be settled by United

States Attorneys. This change is

occasioned in part by the increase in the

value of the claims brought by and

against the United States.

This rule also inserts appropriate

references to the Associate Attorney

General as an official with certain

decisionmaking authority in this area

and to whom certain reports are to be

made.

This rule furthers the efficient

operation of the Department of Justice

and advances the goals of civil justice

reform and alternative dispute

resolution.

As a regulation related to internal

Department of Justice management, this

rule may become effective without

provision for public comment pursuant

to 5 U.S.C. 553(b)(A). This rule is not a

‘‘significant regulatory action’’ under

section 3(f) of Executive Order 12866

and, accordingly, it has not been

reviewed by the Office of Management

and Budget. Pursuant to 5 U.S.C. 605(b),

the Attorney General certifies that this

rule will not have a significant adverse

economic impact on a substantial

number of small business entities.

List of Subjects in 28 CFR Part 0

Authority delegations (government

agencies), Government employees,

Organization and functions (government

agencies), Whistleblowing.

For the reasons set forth in the

preamble, subpart Y of part 0 of chapter

I of Title 28 of the Code of Federal

Regulations is amended as follows:

PART 0—ORGANIZATION OF THE

DEPARTMENT OF JUSTICE

Subpart Y—Authority To Compromise

and Close Civil Claims and

Responsibility for Judgments, Fines,

Penalties, and Forfeitures

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. Section 0.160 is revised to read as

follows:

§ 0.160 Offers that may be accepted by

Assistant Attorneys General.

(a) Subject to the limitations set forth

in paragraph (c) of this section,

Assistant Attorneys General are

authorized, with respect to matters

assigned to their respective divisions,

to:

(1) Accept offers in compromise of

claims asserted by the United States in

all cases in which the difference

between the gross amount of the original

claim and the proposed settlement does

not exceed $2,000,000 or 15 percent of

the original claim, whichever is greater;

(2) Accept offers in compromise of, or

settle administratively, claims against

the United States in all cases in which

the principal amount of the proposed

settlement does not exceed $2,000,000;

and

(3) Accept offers in compromise in all

nonmonetary cases.

(b) Subject to the limitations set forth

in paragraph (c) of this section, the

Assistant Attorney General, Tax

Division, is further authorized to accept

offers in compromise of, or settle

administratively, claims against the

United States, regardless of the amount

of the proposed settlement, in all cases

in which the Joint Committee on

Taxation has indicated that it has no

adverse criticism of the proposed

settlement.

(c) Any proposed settlement,

regardless of amount or circumstances,

must be referred to the Deputy Attorney

General or the Associate Attorney

General, as appropriate:

(1) When, for any reason, the

compromise of a particular claim

would, as a practical matter, control or

adversely influence the disposition of

other claims and the compromise of all

the claims taken together would exceed

the authority delegated by paragraph (a)

of this section; or

(2) When the Assistant Attorney

General concerned is of the opinion that

because of a question of law or policy

presented, or because of opposition to

the proposed settlement by a

department or agency involved, or for

any other reason, the proposed

settlement should receive the personal

attention of the Deputy Attorney

General or the Associate Attorney

General, as appropriate;

(3) When the proposed settlement

converts into a mandatory duty the

otherwise discretionary authority of a

department or agency to promulgate,

revise, or rescind regulations;

(4) When the proposed settlement

commits a department or agency to

expend funds that Congress has not

appropriated and that have not been

budgeted for the action in question, or

commits a department or agency to seek

particular appropriation or budget

authorization; or

(5) When the proposed settlement

otherwise limits the discretion of a

department or agency to make policy or

managerial decisions committed to the

department or agency by Congress or by

the Constitution.

3. Section 0.161 is revised to read as

follows: