« PreviousContinue »
PART 1—THE SEAL OF THE DEPARTMENT OF COMMERCE
AUTHORITY: Sec. 1, 32 Stat. 825, as amended, 15 U.S.C. 1501.
SOURCE: 33 FR 9337, June 26, 1968, unless otherwise noted.
proposals of such contractors or subcontractors, the activities performed by such contractors or subcontractors, or determination of the extent of compliance of such contractors or subcontractors with contract provisions.
b. Negotiation, modification, or approval of contracts or subcontracts.
c. Evaluation, appraisal, or selection of prospective project sites, or locations of work or activities, including real property proposed for acquisition by purchase or otherwise.
d. Inspection and quality assurance of material, products, or components for acceptability.
e. Review or approval for access permits.
f. Technical planning or design which involves the preparation of specifications or technical requirements.
g. Negotiation of agreements for cooperation or implementing arrangements with foreign countries, international organizations, or non-Federal enterprises.
h. Analysis, evaluation, or review of license applications.
i. Analysis, evaluation, or review of licensees' compliance with Department of Commerce regulations and requirements.
j. Utilization or disposal of excess or surplus property.
k. Procurement of materials, services, supplies, or equipment.
1. Authorization or monitoring of grants or subsidies to educational institutions or other non-Federal enterprises.
m. Audit of financial transactions.
n. Promulgation of safety standards, procedures, and hazards evaluation systems.
0. Other activities where the decision or action has a substantial economic impact on the interests of a non-Federal enterprise.
8 1.1 Purpose.
The purpose of this part is to describe the seal of the Department of Commerce and to delegate authority to affix the seal to certifications and documents of the Department. § 1.2 Description and design.
(a) The Act of February 14, 1903 (32 Stat. 825, as amended) (15 U.S.C. 1501), which established the Department of Commerce, provided that “The said Secretary shall cause a seal of office to be made for the said department of such device as the President shall approve, and judicial notice shall be taken of the said seal.” On April 4, 1913, the President approved and declared to be the seal of the Department of Commerce the device which he described as follows:
Arms: Per fesse azure and or, a ship in full sail on waves of the sea, in chief proper; and in base a lighthouse illumined proper.
Crest: The American Eagle displayed. Around the Arms, between two concentric circles, are the words:
DEPARTMENT OF COMMERCE
UNITED STATES OF AMERICA (b) The design of the approved seal is as shown below. Where necessitated by requirements of legibility, immediate comprehension, or clean reproduction, the concentric circles may be eliminated from the seal on publications and exhibits, and in slides, motion pictures, and television. In more formal uses of the seal, such as on letterheads, the full, proper rendition of the seal shall be used.
APPENDIX C-POSITION CATEGORIES
BELOW GS-13 REQUIRING STATE-
CIAL INTERESTS BY INCUMBENTS (1) Employees in the National Marine Fisheries Service, National Oceanic and Atmospheric Administration, who are in the following categories of positions:
(a) Special Agents (Fish and Wildlife), Series GS-1812, grades 5 through 12.
(b) Fishery Products Inspectors, Series GS-1863, grades 5 through 12. (5 CFR 735.104, 735.403) (50 FR 2276, Jan. 16, 1985)
Sec. 2.1 Purpose. 2.2 Provisions of law and regulations there
under. 2.3 Delegation of authority. 2.4 Procedure for filing claims. 2.5 Adjudication and settlement of claims. 2.6 Payment of claims. 2.7 Annual report. 2.8 Supplementary regulations.
AUTHORITY: Sec. 2672, 62 Stat. 983, as amended; 28 U.S.C. 2672.
(c) The official symbolism of the seal shall be the following: The ship is a symbol of commerce; the blue denotes uprightness and constancy; the lighthouse is a well-known symbol representing guidance from the darkness which is translated to commercial enlightenment; and the gold denotes purity. The crest is the American bald eagle denoting the national scope of the Department's activities. (The above is a modification of the original symbolism issued with the President's approval of the seal, made necessary by changes in the functions of the Department.)
(a) The purpose of this part is to delegate authority to settle or deny claims under the Federal Tort Claims Act (in part, 28 U.S.C. 2671-2680) as amended by Pub. L. 89-506, 80 Stat. 306, and to establish procedures for the administrative adjudication of such claims accruing on or after January 18, 1967. (32 FR 3769, Mar. 7, 1967, as amended at 48 FR 31636, July 11, 1983)
8 1.3 Delegation of authority.
(a) Pursuant to authority vested in the Secretary of Commerce by law, (1) the Chief Administrative Officer of each operating unit, and (2) the Director, Office of Administrative Services in the Office of the Secretary, are hereby authorized to sign as Certifying Officers certifications as to the official nature of copies of correspondence and records from the files, publications and other documents of the Department and to affix the seal of the Department of Commerce to such certifications or documents for all purposes, including the purpose authorized by 28 U.S.C. 1733(b).
(b) Delegations of authority to persons other than those named in paragraph (a) of this section may be made by the Assistant Secretary for Administration.
8 2.2 Provisions of law and regulations
thereunder. (a) Section 2672 of Title 28, U.S. Code, as above amended, provides that:
The head of each Federal agency or his designee, in accordance with regulations prescribed by the Attorney General, may consider, ascertain, adjust, determine, compromise, and settle any claim for money damages against the United States for injury or loss of property or personal injury or death caused by the negligent or wrongful act or omission of any employee of the agency while acting within the scope of his office or employment, under circumstances where the United States, if a private person, would be liable to the claimant in accordance with the law of the place where the act or omission occurred: Provided, that any award, compromise, or settlement in excess of $25,000 shall be effected only with the prior written approval of the Attorney General or his designee.
Subject to the provisions of this title re by any Government employee of a lating to civil actions on tort claims against motor vehicle while acting within the the United States, any such award, compro
scope of his employment shall be ex. mise, settlement, or determination shall be final and conclusive on all officers of the
clusive of any other action against the Government, except when procured by
employee. means of fraud.
(e) Section 2401(b) of said Title 28 Any award, compromise, or settlement in provides that: an amount of $2,500 or less made pursuant to this section shall be paid by the head of A tort claim against the United States the Federal agency concerned out of appro shall be forever barred unless it is presented priations available to that agency. Payment in writing to the appropriate Federal agency of any award, compromise, or settlement in within 2 years after such claim accrues or an amount in excess of $2,500 made pursu unless action is begun within 6 months after ant to this section or made by the Attorney the date of mailing, by certified or regisGeneral in any amount pursuant to section tered mail, of notice of final denial of the 2677 of this title shall be paid in a manner
claim by the agency to which it was presentsimilar to judgments and compromises in
ed. like causes and appropriations or funds available for the payment of such judg (f) The Tort Claims Act as amended ments and compromises are hereby made provides that it shall apply to claims available for the payment of awards, com accruing 6 months or more after date promises, or settlements under this chapter.
of enactment (date of enactment, July The acceptance by the claimant of any such award, compromise, or settlement shall
10, 1900) be final and conclusive on the claimant, and (g) Pursuant to section 2672 as shall constitute a complete release of any amended, the Attorney General has claim against the United States and against issued regulations (herein referred to the employee of the Government whose act
as “the Regulations"; 28 CFR Part 14) or omission gave rise to the claim, by reason
prescribing standards and procedures of the same subject matter.
for settlement of tort claims (31 FR (b) Subsection (a) section 2675 of
16616). Persons delegated authority said Title 28 provides that:
under this part shall follow and be An action shall not be instituted upon a guided by such Regulations (28 CFR claim against the United States for money Part 14). damages for injury or loss of property or personal injury or death caused by the neg
(32 FR 3769, Mar. 7, 1967) ligent or wrongful act or omission of any employee of the Government while acting $ 2.3 Delegation of authority. within the scope of his office or employment, unless the claimant shall have first
(a) The General Counsel is hereby presented the claim to the appropriate Fed
named as the designee of the Secreeral agency and his claim shall have been fi
tary ofCommerce with respect to tort nally denied by the agency in writing and claims filed under section 2672 of Title sent by certified or registered mail. The fail- 28. U.S. Code, as described in $ 2.2, ure of an agency to make final disposition of
with authority to act on such claims as a claim within 6 months after it is filed
provided in said section 2672, including shall, at the option of the claimant any time thereafter, be deemed a final denial of the
denial thereof. claim for purposes of this section. The pro
(b) Authority delegated under this visions of this subsection shall not apply to section may, with the approval of the such claims as may be asserted under the General Counsel, be redelegated to Federal Rules of Civil Procedure by third other designees. party complaint, crossclaim, or counter
(c) Settlement or denial of any claim claim.
under this part is final for the Depart(c) Section 2678 of said Title 28 pro
ment of Commerce. vides that no attorney shall charge fees in excess of 25 percent of a judg
[48 FR 31636, July 11, 1983) ment or settlement after litigation, or over 20 percent of administrative set
8 2.4 Procedure for filing claims. tlements.
(a) The procedure for filing and the (d) Section 2679 of said Title 28 pro contents of claims shall be pursuant to vides that tort remedies against the $ $ 14.2, 14.3, and 14.4 of the RegulaUnited States by reason of operation tions (28 CFR Part 14).
(b) Claims shall be filed with the As- mind the applicable statutory time sistant General Counsel for Adminis- limitations for adjudications of claims. tration, Department of Commerce, Washington, D.C. 20230.
[32 FR 3769, Mar. 7, 1967, as amended at 48 (c) If a claim is filed elsewhere in the
FR 31636, July 11, 1983) Department, it shall immediately be
8 2.6 Payment of claims. recorded and transmitted to the Assistant General Counsel for Adminis When an award is made, the file on tration.
the case shall be transmitted to the (32 FR 3769, Mar. 7, 1967, as amended at 48
appropriate fiscal office for payment FR 31636, July 11, 1983)
by the Department or for transmittal
for payment as prescribed by $ 14.10 of 8 2.5 Adjudication and settlement of the Regulations (28 CFR Part 14). claims.
Prior to payment appropriate releases (a) Upon receipt of a claim by the shall be obtained, as provided in said Assistant General Counsel for Admin- section. istration, the time and date of receipt
[32 FR 3769, Mar. 7, 1967) shall be recorded. The Assistant General Counsel may, after recording the 827 Annual renn claim, transmit it to the Departmental office or primary operating unit in The Assistant General Counsel for volved in the claim and request that Administration shall compile an an investigation be conducted. The ap- annual report covering the preceding propriate Departmental office or pri fiscal year, describing actions, includmary operating unit shall designate an ing denials, taken under this part, official to conduct the investigation, name of claimant, amount claimed, who shall prepare a file, obtain addi- amount of any award, and a brief detional information as necessary, and cription of the claim. The report shall prepare for the Assistant General
be prepared by November 15 of each Counsel's signature a proposed award
year. or denial of the claim. If the investigation capabilities of the office or unit (48 FR 31636, July 11, 1983) are insufficient for a proper and complete investigation, the office or unit 8 2.8 Supplementary regulations. shall consult with the Departmental (a) The Assistant General Counsel Office of Investigations and Security for Administration may from time to to: (1) Have that Office conduct the
time issue such supplementary regulainvestigation or (2) request another
tions or instructions as he deems apFederal agency to conduct the investi
propriate to carry out the purpose of gation as necessary, pursuant to $ 14.8
this part. of the regulations (28 CFR Part 14),
(b) Any designee mentioned in paraall on a reimbursable basis. (b) If the amount of the proposed
graph (a) of $ 2.3 may issue regulaaward exceeds $25,000 (in which case,
tions or instructions covering his area approval by the Attorney General is
of responsibility hereunder which are required), or if consultation with the
consistent with this part and with Department of Justice is desired or re
those issued under paragraph (a) of quired pursuant to $ 14.6 of the regu
this section, such regulations and inlations, the Assistant General Counsel structions to be approved by the Asfor Administration will prepare and sistant General Counsel for Adminiscompile the material required by the tration. Department of Justice under $ 14.7 of
(32 FR 3769, Mar. 7, 1967, as amended at 48 the Regulations.
FR 31636, July 11, 1983) (c) Denial of a claim shall be communicated as provided by $ 14.9 of the regulations (28 CFR Part 14).
(d) Designees hereunder are responsible for the control over and expeditious handling of claims, bearing in
PART 4—PUBLIC INFORMATION
Sec. 4.1 Scope and purpose. 4.2 Policies. 4.3 Definitions. 4.4 Availability of materials for inspection
and copying; indexes. 4.5 Requests for records 4.6 Initial determinations of availability of
records. 4.7 Inspection of copying of disclosable
records. 4.8 Appeals from initial denials or untime
ly delays. 4.9 Fees. APPENDIX A-PUBLIC INFORMATION APPENDIX B-FREEDOM OF INFORMATION
PUBLIC FACILITIES AND ADDRESSES FOR
REQUESTS FOR RECORDS APPENDIX C-OFFICIALS AUTHORIZED TO
MAKE INITIAL DENIALS OF REQUESTS FOR
RECORDS AUTHORITY: 5 U.S.C. 552 as amended; 5 U.S.C. 553, 5 U.S.C. 301; 31 U.S.C. 3716.
SOURCE: 40 FR 11553, Mar. 12, 1975, unless otherwise noted.
units may publish supplementary rules in addition to but not inconsistent with this part, DAO 205-12, and the law in their respective chapters of the Code of Federal Regulations or otherwise in the FEDERAL REGISTER. All of such rules shall be maintained in the central public reference facility identified in $ 4.4(c), where information about them may be obtained. 84.2 Policies.
(a) Department Administrative Order 205-12 contains the basic policies and other criteria to be considered in issuing and administering these rules. To the extent that these policies and criteria are not specified in this part or in any supplemental rules of units, they are incorporated by reference.
(b) Requests for records made under 5 U.S.C. 552(a)(3) apply only to existing records, and the Department is not required, in response to a request, to create records by combining or compiling information contained in existing records, or otherwise to prepare new records. However, Departmental officials may, upon request, provide or create new information in record form pursuant to user charge statutes, such as 15 U.S.C. 1525-1527, or in accord with authority otherwise provided by law.
§ 4.1 Scope and purpose.
(a) This part revises the rules of the Department of Commerce whereby the Department and its organizational units are to make publicly available the materials and indexes specified in 5 U.S.C. 552 (a)(2) and the records requested under 5 U.S.C. 552(a)(3). This revision is to conform the rules to the requirements of the Freedom of Information Act (5 U.S.C. 552), as amended by Pub. L. 93-502, 88 Stat. 1561, effective February 19, 1975.
(b) These rules supplement Department Administrative Order 205-12, which contains policies, delegations of authority, and other rules implementing 5 U.S.C. 552. DAO 205-12 is attached as Appendix A to this part.
(c) Certain units of the Department other than those identified in § 4.4(d) have, pursuant to delegated authority and for appropriate reasons, established their own facilities for the public inspection and copying of records. The units have provided for separate places to which requests for records are to be made and received. These facilities and places are identified in Appendix B to this part. The
§ 4.3 Definitions.
(a) All terms used in this part which are defined in 5 U.S.C. 551 shall have the same meaning herein.
(b) As used in this part, “Act” means the “Freedom of Information Act”, as amended, 5 U.S.C. 552.
(c) The terms “Office of the Secretary” and “operating unit” are defined in Department Organization Order 11, "Mission and Organization of the Department of Commerce" (35 FR 19704, December 27, 1970).
(d) The term "unit" as used in this part means (1) an operating unit of the Department, and (2) each Secretarial officer and the persons and the Departmental officers under each.