7. Public objections to project, if any, and their resolution: 8. Agencies consulted about the project: State representative's name: Other: significant impacts. (Discuss topics 2, 3, 5, 6, and 7 above, and how the alternative (topic 4) selected will avoid any major public objections or significant impacts, thereby making an impact statement unnecessary.) (Responsible Agency Office) 1. Name of action. (Check one) Administrative action. ( ) Legislative action. ( ) 2. Brief description of action indicating what States (and counties) are particularly affected. 3. Summary of environmental impact and adverse environmental effects. 4. List alternatives considered. 5. a. (For draft statements) List all Fed. eral, State, and local agencies from which comments have been requested. b. (For final statements) List all Federal. State, and local agencies and other sources from which written comments have been received. 6. Dates draft statement and final statement made available to Council on Environ. mental Quality and public. (Signature of appropriate official) (Date) PART 10-ADMINISTRATIVE CLAIMS takenly addressed to or filed with EPA propriate Federal agency, if ascertainSec. able, or returned to the claimant. 10.1 Scope of regulations. (b) A claim presented in compliance Subpart B-Procedures with paragraph (a) of this section may 10.2 Administrative claim; when pre be amended by the claimant at any time sented; place of filing. prior to final action by the Adminis10.3 Administrative claim; who may file. trator, or his designee, or prior to the 10.4 Administrative claim; evidence to be exercise of the claimant's option to bring submitted. suit under 28 U.S.C. 2675 (a). Amend10.5 Investigation, examination, and de ments shall be submitted in writing and termination of claims. 10.6 Final denial of claim. signed by the claimant or his duly au10.7 Payment of approved claims. thorized agent or legal representative. 10.8 Release. Upon the timely filing of an amendment 10.9 Penalties. to & pending claim, EPA shall have 6 10.10 Limitations on Environmental Protec- months in which to make a final disposition Agency's authority. tion of the claim as amended and the 10.11 Relationship to other Agency regula- claimant's option under 28 U.S.C. 2675 tions. (a) shall not accrue until 6 months after AUTHORITY: Sec. 1, 80 Stat. 306; 28 U.S.C. the filing of an amendment. 2672; 28 CFR Part 14. (c) Forms may be obtained and claims SOURCE: 38 FR 16868, June 27, 1973, unless may be filed with the office, local, reotherwise noted. gional, or headquarters, of the constitSubpart A-General uent organization having jurisdiction over the employee involved in the acci$ 10.1 Scope of regulations. dent or incident, or with the EPA Claims The regulations in this part shall Officer, Waterside Mall Building, 401 M apply only to claims asserted under the Street SW., Washington, D.C. 20460. Federal Tort Claims Act, as amended, 28 $ 10.3 Administrative claims; who may U.S.C. sections 2671-2680, accruing on file. or after January 18, 1967, for money (a) A claim for injury to or loss of damages against the United States for property may be presented by the owner damages to or loss of property or personal injury or death, caused by the neg of the property interest which is the sub ject of the claim, his duly authorized ligent or wrongful act or omission of any agent, or his legal representative. employee of the Environmental Protec (b) A claim for personal injury may tion Agency (EPA) while acting within be presented by the injured person, his the scope of his office of employment. duly authorized agent, or his legal repSubpart B-Procedures resentative. 8 10.2 Administrative claim; when pre (c) A claim based on death may be sented; place of filing. presented by the executor or adminis trator of the decedent's estate or by any (a) For purpose of the regulations in other person legally entitled to assert this part, a claim shall be deemed to such a claim under applicable State law. have been presented when the Environ- (d) A claim for loss wholly compenmental Protection Agency receives, at a sated by an insurer with the rights of a place designated in paragraph (c) of subrogee may be presented by the insurer. this section, an executed Standard Form A claim for loss partially compensated by 95 or other written notification of an an insurer with the rights of a subrogee incident accompanied by a claim for may be presented by the insurer or the money damages in a sum certain for insured individually as their respective damage to or loss of property, for per- interests appear, or jointly. Whenever an sonal injury, or for death, alleged to insurer presents a claim asserting the have occurred by reason of the incident. rights of a subrogee, he shall present with A claim which should have been pre- his claim appropriate evidence that he sented to EPA, but which was mistakenly has the rights of a subrogee. addressed to or filed with another Fed- (e) A claim presented by an agent or eral agency, shall be deemed to be pre- legal representative shall be presented ir sented to EPA as of the date that the the name of the claimant, be signed i claim is received by EPA. A claim mis- the agent or legal representative, sh |
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