80_FR_10024 80 FR 9987 - Authorization To Seize Property Involved in Drug Offenses for Administrative Forfeiture (2012R-9P)

80 FR 9987 - Authorization To Seize Property Involved in Drug Offenses for Administrative Forfeiture (2012R-9P)

DEPARTMENT OF JUSTICE

Federal Register Volume 80, Issue 37 (February 25, 2015)

Page Range9987-9989
FR Document2015-03839

The Department of Justice is amending its regulations to delegate to the Director of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) authority to seize and administratively forfeit property involved in controlled substance offenses.

Federal Register, Volume 80 Issue 37 (Wednesday, February 25, 2015)
[Federal Register Volume 80, Number 37 (Wednesday, February 25, 2015)]
[Rules and Regulations]
[Pages 9987-9989]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-03839]


=======================================================================
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DEPARTMENT OF JUSTICE

28 CFR Part 0

[AG Order No. 3495-2015]


Authorization To Seize Property Involved in Drug Offenses for 
Administrative Forfeiture (2012R-9P)

AGENCY: Department of Justice.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Department of Justice is amending its regulations to 
delegate to the Director of the Bureau of Alcohol, Tobacco, Firearms, 
and Explosives (ATF) authority to seize and administratively forfeit 
property involved in controlled substance offenses.

DATES: This rule is effective February 25, 2015.

FOR FURTHER INFORMATION CONTACT: Denise Brown, Enforcement Programs and 
Services, Bureau of Alcohol, Tobacco, Firearms, and Explosives, U.S. 
Department of Justice, 99 New York Avenue NE., Washington, DC 20226, 
telephone: (202) 648-7070.

SUPPLEMENTARY INFORMATION:

Background

    After the Bureau of Alcohol, Tobacco, Firearms, and Explosives 
(ATF) became part of the Department of Justice (DOJ) in January 2003, 
pursuant to the Homeland Security Act of 2002 (Pub. L. 107-296), the 
Attorney General delegated to ATF the authority to investigate, seize, 
and forfeit property involved in a violation or attempted violation 
within its investigative jurisdiction. See 28 CFR 0.130(b)(1). ATF 
investigations focusing on violent crime frequently involve complex 
criminal organizations with multiple criminal enterprises and uncover 
drug-related offenses in addition to offenses within ATF's primary 
jurisdiction, such as violations of the Gun Control Act, 18 U.S.C. 
Chapter 44, the National Firearms Act, 26 U.S.C. Chapter 53, or the 
Contraband Cigarette Trafficking Act, 18 U.S.C. Chapter 114. In such 
investigations, ATF historically did not have authority under 21 U.S.C. 
Chapter 13 to seize for administrative forfeiture property involved in 
controlled substance offenses. Instead, ATF generally referred such 
property to the Drug Enforcement Administration (DEA), which is 
primarily responsible for investigating violations of drug laws 
contained in title 21 of the United States Code. DEA would then 
initiate, process, and conclude all necessary administrative forfeiture 
actions for the controlled substance-related property.

[[Page 9988]]

In other situations, ATF had to request that the local U.S. Attorney's 
office pursue a judicial forfeiture of such drug-related property.
    The Department believes that forfeiting the assets of criminals is 
an essential tool in combating criminal activity that provides law 
enforcement with the ability to dismantle criminal organizations, 
deprive wrongdoers of the proceeds of their crimes, and deter crime. 
The Department further believes that administrative forfeiture permits 
the expedient and effective use of this valuable law enforcement tool.
    An uncontested administrative forfeiture can be perfected in 60-90 
days for minimal cost, including the personal notice to interested 
parties and the notice by publication required by statute. Conversely, 
the costs associated with judicial forfeiture can amount to hundreds or 
thousands of dollars and the judicial process generally can take 
anywhere from 6 months to years. In the meantime, the government incurs 
additional costs if the property requires storage or maintenance until 
a final order of forfeiture can be obtained.
    One of the primary missions of ATF is to combat firearm-related 
violent crime. The nexus between drug trafficking and firearm violence 
is well established. Upon review of the current role and mission of ATF 
within DOJ, the Attorney General decided to authorize a temporary 
delegation of title 21 seizure and forfeiture authority to determine 
whether such authority can enhance the effectiveness of ATF in the 
investigation of violent crimes involving firearms. On August 21, 2012, 
the Attorney General signed a final rule delegating seizure and 
forfeiture authority under 21 U.S.C. 881 to the ATF for a trial period 
of one year, effective February 25, 2013. 77 FR 51698 (Aug. 27, 2012). 
By subsequent action, the Attorney General extended the same authority 
to ATF for an additional one-year period to give ATF more time to 
refine its process, fully hire and train all necessary staff, and 
further demonstrate the effectiveness of the delegation in the 
investigation of violent crimes involving firearms. 79 FR 12060 (Mar. 
4, 2014).
    ATF has refined its title 21 asset forfeiture process, and 
strengthened the overall asset forfeiture program, by changing 
organizational structure, adding experienced personnel and resources to 
review and more efficiently process all of ATF's administrative 
forfeitures, and providing additional asset forfeiture training to all 
agency personnel involved in the forfeiture process, together with a 
renewed focus on the proper execution of all phases of ATF's asset 
forfeiture mission to ensure that all interested parties are afforded 
due process under the law, that all seized assets are accounted for and 
properly maintained, and that all forfeited property is disposed of 
according to law in a timely and cost-efficient manner.
    This authority has given ATF the ability to process drug-related 
property seized in criminal investigations in which firearms and 
explosives also are seized. From February 25, 2013, to September 30, 
2014, ATF used its authority under title 21 to seize more than 1,700 
assets with a total value in excess of $19,300,000.
    The delegation of authority has afforded cost savings to the United 
States government by streamlining the forfeiture process to prevent 
unnecessary burden on the judicial system and the public and by 
permitting the government to process forfeitures within a single 
agency. The grant of title 21 seizure and forfeiture authority will 
permit ATF to continue its use of asset forfeiture as a valuable tool 
in support of its law enforcement mission and enable the Department to 
further increase the speed and efficiency of uncontested forfeiture 
actions.

Final Rule

    This rule amends the regulations in 28 CFR part 0 to delegate to 
the Director of ATF the authority to seize, forfeit, and remit or 
mitigate the forfeiture of property in accordance with 21 U.S.C. 881.
    Forfeiting the assets of criminals is an essential tool in 
combating criminal activity and provides law enforcement with the 
capacity to dismantle criminal organizations, deprive wrongdoers of the 
proceeds of their illegal activities, and deter crime. Therefore, the 
Attorney General has decided to delegate to the Director of ATF without 
a time limit administrative seizure and forfeiture authority under 
title 21 to permit expedient and effective use of this valuable law 
enforcement tool in the investigation of violent crime involving 
firearms.

How This Document Complies With the Federal Administrative Requirements 
for Rulemaking

Administrative Procedure Act (APA)

    Notice and comment rulemaking is not required for this final rule. 
Under the APA, ``rules of agency organization, procedure or practice,'' 
5 U.S.C. 553(b)(A), that do not ``affect[] individual rights and 
obligations,'' Morton v. Ruiz, 415 U.S. 199, 232 (1974), are exempt 
from the general notice and comment requirements of section 553 of 
title 5 of the United States Code. See JEM Broad. Co. v. FCC, 22 F.3d 
320, 326 (D.C. Cir. 1994) (section 553(b)(A) applies to ``agency 
actions that do not themselves alter the rights or interests of 
parties, although [they] may alter the manner in which the parties 
present themselves or their viewpoints to the agency'') (quoting 
Batterton v. Marshall, 648 F.2d 694, 707 (D.C. Cir. 1980) (internal 
quotation marks omitted)). The revisions to the regulations in 28 CFR 
part 0 are purely a matter of agency organization, procedure, and 
practice that will not affect individual rights and obligations. This 
rule does not expand the government's ability as a matter of law to 
effectuate forfeitures; it simply authorizes the Director of ATF to 
effectuate such forfeitures. Internal delegations of authority such as 
in this final rule are ``rules of agency organization, procedure, or 
practice'' under the APA. In addition, this rule is exempt from the 
usual requirements of prior notice and comment and a 30-day delay in 
effective date because, as an internal delegation of authority, it 
relates to a matter of agency management or personnel. See 5 U.S.C. 
553(a)(2).

Regulatory Flexibility Act

    The Attorney General, in accordance with the Regulatory Flexibility 
Act, 5 U.S.C. 605(b), has reviewed this rule and, by approving it, 
certifies that it will not have a significant economic impact on a 
substantial number of small entities because it pertains to personnel 
and administrative matters affecting the Department. Further, a 
Regulatory Flexibility Analysis is not required for this final rule 
because the Department was not required to publish a general notice of 
proposed rulemaking for this matter.

Executive Order 12866 and Executive Order 13563

    This rule has been drafted and reviewed in accordance with 
Executive Order 12866, ``Regulatory Planning and Review,'' section 
1(b), Principles of Regulation, and with Executive Order 13563, 
``Improving Regulation and Regulatory Review.'' This rule is limited to 
agency organization, management, or personnel matters as described by 
Executive Order 12866, section 3(d)(3) and, therefore, is not a 
``regulation'' or ``rule'' as defined by that Executive Order.
    This rule will not have an annual effect on the economy of $100 
million or more, nor will it adversely affect in a material way the 
economy, a sector of the economy, productivity, competition,

[[Page 9989]]

jobs, the environment, public health or safety, or State, local, or 
tribal government or communities. Accordingly, this rule is not a 
``significant regulatory action'' as defined in Executive Order 12866.

Executive Order 12988

    This regulation meets the applicable standards set forth in 
sections 3(a) and 3(b)(2) of Executive Order 12988, ``Civil Justice 
Reform.''

Executive Order 13132

    This rule will not have substantial direct effects on the States, 
on the relationship between the national government and the States, or 
on the distribution of power and responsibilities among the various 
levels of government. Therefore, in accordance with Executive Order 
13132, ``Federalism,'' the Department has determined that this rule 
does not have sufficient federalism implications to warrant the 
preparation of a federalism summary impact statement.

Unfunded Mandates Reform Act of 1995

    This rule will not result in the expenditure by State, local, and 
tribal governments, in the aggregate, or by the private sector, of $100 
million or more in any one year, and it will not significantly or 
uniquely affect small governments. Therefore, no actions are necessary 
under the provisions of the Unfunded Mandates Reform Act of 1995, 2 
U.S.C. 1501 et seq.

Small Business Regulatory Enforcement Fairness Act of 1996

    This rule is not a major rule as defined by section 251 of the 
Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA), 5 
U.S.C. 804. This rule will not result in an annual effect on the 
economy of $100 million or more; a major increase in costs or prices; 
or significant adverse effects on competition, employment, investment, 
productivity, innovation, or the ability of United States-based 
enterprises to compete with foreign-based enterprises in domestic and 
export markets.

Congressional Review Act

    This action pertains to agency management, personnel, and 
organization and does not substantially affect the rights or 
obligations of non-agency parties. Accordingly, it is not a rule for 
purposes of the reporting requirement of 5 U.S.C. 801.

List of Subjects in 28 CFR Part 0

    Authority delegations (Government agencies), Government employees, 
Organization and functions (Government agencies), Privacy, Reporting 
and recordkeeping requirements, Whistleblowing.

Authority and Issuance

    Accordingly, by virtue of the authority vested in me as Attorney 
General, including 5 U.S.C. 301 and 28 U.S.C. 509, 510, and for the 
reasons set forth in the preamble, part 0 of title 28 of the Code of 
Federal Regulations is amended as follows:

PART 0--ORGANIZATION OF THE DEPARTMENT OF JUSTICE

0
1. The authority citation for 28 CFR part 0 continues to read as 
follows:

    Authority:  5 U.S.C. 301; 28 U.S.C. 509, 510, 515-519.


Sec.  0.130  [Amended]

0
2. In Sec.  0.130, amend paragraph (b)(2) by removing the second 
sentence.

     Dated: February 20, 2015.
Eric H. Holder, Jr.,
Attorney General.
[FR Doc. 2015-03839 Filed 2-24-15; 8:45 am]
BILLING CODE 4410-19-P



                                                                   Federal Register / Vol. 80, No. 37 / Wednesday, February 25, 2015 / Rules and Regulations                                         9987

                                                  (a) Applicability                                          (iv) Torque each nut by following either            DEPARTMENT OF JUSTICE
                                                    This AD applies to Model S–76A, S–76B,                 paragraph D.(9) or D.(10) of the
                                                  S–76C, and S–76D helicopters, serial                     Accomplishment Instructions of the ASB.               28 CFR Part 0
                                                  numbers (S/N) up to and including 761050,
                                                  certificated in any category, with a tail drive          (f) Alternative Methods of Compliance                 [AG Order No. 3495–2015]
                                                  shaft (TDS) part number (P/N) and S/N as                 (AMOCs)
                                                  follows:                                                   (1) The Manager, Boston Aircraft
                                                                                                                                                                 Authorization To Seize Property
                                                    (a) P/N 76361–04004 (all dash numbers)                 Certification Office, FAA, may approve                Involved in Drug Offenses for
                                                  with an S/N up to and including A127–                    AMOCs for this AD. Send your proposal to:             Administrative Forfeiture (2012R–9P)
                                                  01092; or                                                Michael Schwetz, Aviation Safety Engineer,
                                                    (b) P/N 76361–04604 (all dash numbers)                                                                       AGENCY:    Department of Justice.
                                                                                                           Engine & Propeller Directorate, FAA, 12 New
                                                  with an S/N with a prefix A240 or B240, or                                                                     ACTION:   Final rule.
                                                  with an S/N C240–00001 through C240–                     England Executive Park, Burlington,
                                                  00880.                                                   Massachusetts 01803; telephone (781) 238–             SUMMARY:  The Department of Justice is
                                                                                                           7761; email michael.schwetz@faa.gov.                  amending its regulations to delegate to
                                                  (b) Unsafe Condition                                       (2) For operations conducted under a 14             the Director of the Bureau of Alcohol,
                                                     This AD defines the unsafe condition as               CFR part 119 operating certificate or under           Tobacco, Firearms, and Explosives
                                                  loose or fractured TDS flange-to-shaft                   14 CFR part 91, subpart K, we suggest that
                                                  attachment hardware. This condition could                                                                      (ATF) authority to seize and
                                                                                                           you notify your principal inspector, or               administratively forfeit property
                                                  result in loss of a tail rotor drive and
                                                                                                           lacking a principal inspector, the manager of         involved in controlled substance
                                                  subsequent loss of control of the helicopter.
                                                                                                           the local flight standards district office or         offenses.
                                                  (c) Effective Date                                       certificate holding district office before
                                                     This AD becomes effective March 12, 2015.             operating any aircraft complying with this            DATES: This rule is effective February
                                                                                                           AD through an AMOC.                                   25, 2015.
                                                  (d) Compliance
                                                                                                                                                                 FOR FURTHER INFORMATION CONTACT:
                                                    You are responsible for performing each                (g) Subject
                                                                                                                                                                 Denise Brown, Enforcement Programs
                                                  action required by this AD within the                      Joint Aircraft Service Component (JASC)             and Services, Bureau of Alcohol,
                                                  specified compliance time unless it has                  Code: 6510 Tail Rotor Drive Shaft.
                                                  already been accomplished prior to that time.                                                                  Tobacco, Firearms, and Explosives, U.S.
                                                                                                           (h) Material Incorporated by Reference                Department of Justice, 99 New York
                                                  (e) Required Actions                                                                                           Avenue NE., Washington, DC 20226,
                                                     Within 30 hours time-in-service:                         (1) The Director of the Federal Register
                                                                                                                                                                 telephone: (202) 648–7070.
                                                     (1) Inspect each TDS flange attachment                approved the incorporation by reference
                                                                                                           (IBR) of the service information listed in this       SUPPLEMENTARY INFORMATION:
                                                  hardware at all four locations for looseness
                                                  and torque stripe misalignment as depicted               paragraph under 5 U.S.C. 552(a) and 1 CFR             Background
                                                  in Figure 1 and shown in Figure 2 of                     part 51.
                                                  Sikorsky Aircraft Corporation Alert Service                 (2) You must use this service information
                                                                                                                                                                   After the Bureau of Alcohol, Tobacco,
                                                  Bulletin ASB 76–66–52, Basic Issue, dated                as applicable to do the actions required by
                                                                                                                                                                 Firearms, and Explosives (ATF) became
                                                  April 1, 2014 (ASB). Inspect each nut to                 this AD, unless the AD specifies otherwise.           part of the Department of Justice (DOJ)
                                                  determine whether it can be rotated by hand.
                                                                                                              (i) Sikorsky Aircraft Corporation Alert            in January 2003, pursuant to the
                                                  Determine whether the hardware is                                                                              Homeland Security Act of 2002 (Pub. L.
                                                  assembled correctly by following the                     Service Bulletin ASB 76–66–52, Basic issue,
                                                                                                           dated April 1, 2014.                                  107–296), the Attorney General
                                                  Accomplishment Instructions, paragraph                                                                         delegated to ATF the authority to
                                                  B.(3)(a) through B.(3)(b) of the ASB.                       (ii) Reserved.
                                                  Determine the torque of each nut.                           (3) For Sikorsky Aircraft Corporation              investigate, seize, and forfeit property
                                                     (2) If there is no looseness, torque stripe           service information identified in this AD,            involved in a violation or attempted
                                                  misalignment, incorrect hardware assembly,               contact Sikorsky Aircraft Corporation,                violation within its investigative
                                                  and if no nut can be rotated by hand and the             Customer Service Engineering, 124 Quarry              jurisdiction. See 28 CFR 0.130(b)(1).
                                                  torque of any nut is not less than 105 inch-             Road, Trumbull, CT 06611; telephone 1–800–            ATF investigations focusing on violent
                                                  pounds, no further action is required by this            Winged–S or 203–416–4299; email                       crime frequently involve complex
                                                  AD.                                                                                                            criminal organizations with multiple
                                                                                                           sikorskywcs@sikorsky.com.
                                                     (3) If there is looseness, torque stripe                                                                    criminal enterprises and uncover drug-
                                                  misalignment, incorrect hardware assembly,                  (4) You may view this service information
                                                  a nut rotated by hand, or the torque of any              at FAA, Office of the Regional Counsel,               related offenses in addition to offenses
                                                  nut is less than 105 inch-pounds, do the                 Southwest Region, 2601 Meacham Blvd.,                 within ATF’s primary jurisdiction, such
                                                  following:                                               Room 663, Fort Worth, Texas 76137. For                as violations of the Gun Control Act, 18
                                                     (i) Apply an index mark to the flange and             information on the availability of this               U.S.C. Chapter 44, the National
                                                  shaft to make sure the flange is reinstalled in          material at the FAA, call (817) 222–5110.             Firearms Act, 26 U.S.C. Chapter 53, or
                                                  the same position and to maintain shaft                     (5) You may view this service information          the Contraband Cigarette Trafficking
                                                  balance, unbolt and remove the flange from               that is incorporated by reference at the              Act, 18 U.S.C. Chapter 114. In such
                                                  the shaft, and visually inspect each radius              National Archives and Records                         investigations, ATF historically did not
                                                  washer for wear or fretting. Replace any
                                                  washer with wear or fretting.
                                                                                                           Administration (NARA). For information on             have authority under 21 U.S.C. Chapter
                                                     (ii) Inspect the flange and shaft for a crack,        the availability of this material at NARA, call       13 to seize for administrative forfeiture
                                                  fracture, wear on the mounting hole, and                 (202) 741–6030, or go to: http://                     property involved in controlled
                                                  diameter by following the Accomplishment                 www.archives.gov/federal-register/cfr/ibr-            substance offenses. Instead, ATF
                                                  Instructions, paragraph 3.D.(5)(a) through               locations.html.                                       generally referred such property to the
                                                  3.D.(5)(e), of the ASB. If the flange and shaft                                                                Drug Enforcement Administration
wreier-aviles on DSK5TPTVN1PROD with RULES




                                                                                                              Issued in Fort Worth, Texas, on February
                                                  fail any of the inspection criteria, before                                                                    (DEA), which is primarily responsible
                                                                                                           9, 2015.
                                                  further flight, replace the TDS with an                                                                        for investigating violations of drug laws
                                                  airworthy TDS.                                           Bruce E. Cain,
                                                     (iii) Align index marks, install the flange
                                                                                                                                                                 contained in title 21 of the United States
                                                                                                           Acting Directorate Manager, Rotorcraft                Code. DEA would then initiate, process,
                                                  on the shaft, and coat the grip length of each           Directorate, Aircraft Certification Service.
                                                  bolt and the contact surfaces on each radius                                                                   and conclude all necessary
                                                                                                           [FR Doc. 2015–03703 Filed 2–24–15; 8:45 am]           administrative forfeiture actions for the
                                                  washer and washer with epoxy polyamide
                                                  primer.                                                  BILLING CODE 4910–13–P                                controlled substance-related property.


                                             VerDate Sep<11>2014    15:08 Feb 24, 2015   Jkt 235001   PO 00000   Frm 00003   Fmt 4700   Sfmt 4700   E:\FR\FM\25FER1.SGM   25FER1


                                                  9988             Federal Register / Vol. 80, No. 37 / Wednesday, February 25, 2015 / Rules and Regulations

                                                  In other situations, ATF had to request                  that all interested parties are afforded              section 553 of title 5 of the United States
                                                  that the local U.S. Attorney’s office                    due process under the law, that all                   Code. See JEM Broad. Co. v. FCC, 22
                                                  pursue a judicial forfeiture of such drug-               seized assets are accounted for and                   F.3d 320, 326 (D.C. Cir. 1994) (section
                                                  related property.                                        properly maintained, and that all                     553(b)(A) applies to ‘‘agency actions
                                                     The Department believes that                          forfeited property is disposed of                     that do not themselves alter the rights or
                                                  forfeiting the assets of criminals is an                 according to law in a timely and cost-                interests of parties, although [they] may
                                                  essential tool in combating criminal                     efficient manner.                                     alter the manner in which the parties
                                                  activity that provides law enforcement                      This authority has given ATF the                   present themselves or their viewpoints
                                                  with the ability to dismantle criminal                   ability to process drug-related property              to the agency’’) (quoting Batterton v.
                                                  organizations, deprive wrongdoers of                     seized in criminal investigations in                  Marshall, 648 F.2d 694, 707 (D.C. Cir.
                                                  the proceeds of their crimes, and deter                  which firearms and explosives also are                1980) (internal quotation marks
                                                  crime. The Department further believes                   seized. From February 25, 2013, to                    omitted)). The revisions to the
                                                  that administrative forfeiture permits                   September 30, 2014, ATF used its                      regulations in 28 CFR part 0 are purely
                                                  the expedient and effective use of this                  authority under title 21 to seize more                a matter of agency organization,
                                                  valuable law enforcement tool.                           than 1,700 assets with a total value in               procedure, and practice that will not
                                                     An uncontested administrative                         excess of $19,300,000.                                affect individual rights and obligations.
                                                  forfeiture can be perfected in 60–90                        The delegation of authority has                    This rule does not expand the
                                                  days for minimal cost, including the                     afforded cost savings to the United                   government’s ability as a matter of law
                                                  personal notice to interested parties and                States government by streamlining the                 to effectuate forfeitures; it simply
                                                  the notice by publication required by                    forfeiture process to prevent                         authorizes the Director of ATF to
                                                  statute. Conversely, the costs associated                unnecessary burden on the judicial                    effectuate such forfeitures. Internal
                                                  with judicial forfeiture can amount to                   system and the public and by permitting               delegations of authority such as in this
                                                  hundreds or thousands of dollars and                     the government to process forfeitures                 final rule are ‘‘rules of agency
                                                  the judicial process generally can take                  within a single agency. The grant of title            organization, procedure, or practice’’
                                                  anywhere from 6 months to years. In the                  21 seizure and forfeiture authority will              under the APA. In addition, this rule is
                                                  meantime, the government incurs                          permit ATF to continue its use of asset               exempt from the usual requirements of
                                                  additional costs if the property requires                forfeiture as a valuable tool in support              prior notice and comment and a 30-day
                                                  storage or maintenance until a final                     of its law enforcement mission and                    delay in effective date because, as an
                                                  order of forfeiture can be obtained.                     enable the Department to further                      internal delegation of authority, it
                                                     One of the primary missions of ATF                                                                          relates to a matter of agency
                                                                                                           increase the speed and efficiency of
                                                  is to combat firearm-related violent                                                                           management or personnel. See 5 U.S.C.
                                                                                                           uncontested forfeiture actions.
                                                  crime. The nexus between drug                                                                                  553(a)(2).
                                                  trafficking and firearm violence is well                 Final Rule
                                                  established. Upon review of the current                                                                        Regulatory Flexibility Act
                                                                                                              This rule amends the regulations in
                                                  role and mission of ATF within DOJ, the                  28 CFR part 0 to delegate to the Director               The Attorney General, in accordance
                                                  Attorney General decided to authorize a                  of ATF the authority to seize, forfeit,               with the Regulatory Flexibility Act, 5
                                                  temporary delegation of title 21 seizure                 and remit or mitigate the forfeiture of               U.S.C. 605(b), has reviewed this rule
                                                  and forfeiture authority to determine                    property in accordance with 21 U.S.C.                 and, by approving it, certifies that it will
                                                  whether such authority can enhance the                   881.                                                  not have a significant economic impact
                                                  effectiveness of ATF in the investigation                   Forfeiting the assets of criminals is an           on a substantial number of small entities
                                                  of violent crimes involving firearms. On                 essential tool in combating criminal                  because it pertains to personnel and
                                                  August 21, 2012, the Attorney General                    activity and provides law enforcement                 administrative matters affecting the
                                                  signed a final rule delegating seizure                   with the capacity to dismantle criminal               Department. Further, a Regulatory
                                                  and forfeiture authority under 21 U.S.C.                                                                       Flexibility Analysis is not required for
                                                                                                           organizations, deprive wrongdoers of
                                                  881 to the ATF for a trial period of one                                                                       this final rule because the Department
                                                                                                           the proceeds of their illegal activities,
                                                  year, effective February 25, 2013. 77 FR                                                                       was not required to publish a general
                                                                                                           and deter crime. Therefore, the Attorney
                                                  51698 (Aug. 27, 2012). By subsequent                                                                           notice of proposed rulemaking for this
                                                                                                           General has decided to delegate to the
                                                  action, the Attorney General extended                                                                          matter.
                                                                                                           Director of ATF without a time limit
                                                  the same authority to ATF for an
                                                                                                           administrative seizure and forfeiture                 Executive Order 12866 and Executive
                                                  additional one-year period to give ATF
                                                                                                           authority under title 21 to permit                    Order 13563
                                                  more time to refine its process, fully
                                                                                                           expedient and effective use of this
                                                  hire and train all necessary staff, and                                                                           This rule has been drafted and
                                                                                                           valuable law enforcement tool in the
                                                  further demonstrate the effectiveness of                                                                       reviewed in accordance with Executive
                                                                                                           investigation of violent crime involving
                                                  the delegation in the investigation of                                                                         Order 12866, ‘‘Regulatory Planning and
                                                                                                           firearms.
                                                  violent crimes involving firearms. 79 FR                                                                       Review,’’ section 1(b), Principles of
                                                  12060 (Mar. 4, 2014).                                    How This Document Complies With the                   Regulation, and with Executive Order
                                                     ATF has refined its title 21 asset                    Federal Administrative Requirements                   13563, ‘‘Improving Regulation and
                                                  forfeiture process, and strengthened the                 for Rulemaking                                        Regulatory Review.’’ This rule is limited
                                                  overall asset forfeiture program, by                                                                           to agency organization, management, or
                                                  changing organizational structure,                       Administrative Procedure Act (APA)
                                                                                                                                                                 personnel matters as described by
                                                  adding experienced personnel and                           Notice and comment rulemaking is                    Executive Order 12866, section 3(d)(3)
                                                  resources to review and more efficiently                 not required for this final rule. Under
wreier-aviles on DSK5TPTVN1PROD with RULES




                                                                                                                                                                 and, therefore, is not a ‘‘regulation’’ or
                                                  process all of ATF’s administrative                      the APA, ‘‘rules of agency organization,              ‘‘rule’’ as defined by that Executive
                                                  forfeitures, and providing additional                    procedure or practice,’’ 5 U.S.C.                     Order.
                                                  asset forfeiture training to all agency                  553(b)(A), that do not ‘‘affect[]                        This rule will not have an annual
                                                  personnel involved in the forfeiture                     individual rights and obligations,’’                  effect on the economy of $100 million
                                                  process, together with a renewed focus                   Morton v. Ruiz, 415 U.S. 199, 232                     or more, nor will it adversely affect in
                                                  on the proper execution of all phases of                 (1974), are exempt from the general                   a material way the economy, a sector of
                                                  ATF’s asset forfeiture mission to ensure                 notice and comment requirements of                    the economy, productivity, competition,


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                                                                   Federal Register / Vol. 80, No. 37 / Wednesday, February 25, 2015 / Rules and Regulations                                        9989

                                                  jobs, the environment, public health or                  Organization and functions                            be obtained in alternative formats (large
                                                  safety, or State, local, or tribal                       (Government agencies), Privacy,                       print, braille, audio tape or disc), upon
                                                  government or communities.                               Reporting and recordkeeping                           request, by calling (202) 693–0675 (this
                                                  Accordingly, this rule is not a                          requirements, Whistleblowing.                         is not a toll-free number). TTY/TDD
                                                  ‘‘significant regulatory action’’ as                                                                           callers may dial toll-free 1–877–889–
                                                                                                           Authority and Issuance
                                                  defined in Executive Order 12866.                                                                              5627 to obtain information or request
                                                                                                             Accordingly, by virtue of the                       materials in alternative formats.
                                                  Executive Order 12988                                    authority vested in me as Attorney                       Questions of interpretation and/or
                                                    This regulation meets the applicable                   General, including 5 U.S.C. 301 and 28                enforcement of the agency’s current
                                                  standards set forth in sections 3(a) and                 U.S.C. 509, 510, and for the reasons set              regulations may be directed to the
                                                  3(b)(2) of Executive Order 12988, ‘‘Civil                forth in the preamble, part 0 of title 28             nearest WHD district office. Locate the
                                                  Justice Reform.’’                                        of the Code of Federal Regulations is                 nearest office by calling WHD’s toll-free
                                                                                                           amended as follows:                                   help line at (866) 4US–WAGE ((866)
                                                  Executive Order 13132
                                                                                                                                                                 487–9243) between 8 a.m. and 5 p.m. in
                                                     This rule will not have substantial                   PART 0—ORGANIZATION OF THE                            your local time zone, or log onto WHD’s
                                                  direct effects on the States, on the                     DEPARTMENT OF JUSTICE                                 Web site for a nationwide listing of
                                                  relationship between the national                                                                              WHD district and area offices at
                                                  government and the States, or on the                     ■ 1. The authority citation for 28 CFR
                                                                                                                                                                 http://www.dol.gov/whd/america2.htm.
                                                  distribution of power and                                part 0 continues to read as follows:
                                                                                                                                                                 Please visit http://www.dol.gov/whd for
                                                  responsibilities among the various                         Authority: 5 U.S.C. 301; 28 U.S.C. 509,             more information and resources about
                                                  levels of government. Therefore, in                      510, 515–519.                                         the laws administered and enforced by
                                                  accordance with Executive Order 13132,                                                                         WHD. Information and compliance
                                                                                                           § 0.130   [Amended]
                                                  ‘‘Federalism,’’ the Department has                                                                             assistance materials specific to this
                                                  determined that this rule does not have                  ■ 2. In § 0.130, amend paragraph (b)(2)               Final Rule can be found at: http://
                                                  sufficient federalism implications to                    by removing the second sentence.                      www.dol.gov/whd/fmla/spouse/.
                                                  warrant the preparation of a federalism                    Dated: February 20, 2015.                           SUPPLEMENTARY INFORMATION:
                                                  summary impact statement.                                Eric H. Holder, Jr.,
                                                                                                                                                                 I. Background
                                                  Unfunded Mandates Reform Act of 1995                     Attorney General.
                                                                                                           [FR Doc. 2015–03839 Filed 2–24–15; 8:45 am]           A. What the FMLA Provides
                                                    This rule will not result in the
                                                  expenditure by State, local, and tribal                  BILLING CODE 4410–19–P                                   The Family and Medical Leave Act of
                                                  governments, in the aggregate, or by the                                                                       1993, 29 U.S.C. 2601 et seq., entitles
                                                  private sector, of $100 million or more                                                                        eligible employees of covered employers
                                                  in any one year, and it will not                         DEPARTMENT OF LABOR                                   to take job-protected, unpaid leave, or to
                                                  significantly or uniquely affect small                                                                         substitute appropriate accrued paid
                                                  governments. Therefore, no actions are                   Wage and Hour Division                                leave, for up to a total of 12 workweeks
                                                  necessary under the provisions of the                                                                          in a 12-month period for the birth of the
                                                  Unfunded Mandates Reform Act of                          29 CFR Part 825                                       employee’s son or daughter and to care
                                                  1995, 2 U.S.C. 1501 et seq.                              RIN 1235–AA09                                         for the newborn child; for the placement
                                                                                                                                                                 of a son or daughter with the employee
                                                  Small Business Regulatory Enforcement                    Definition of Spouse Under the Family                 for adoption or foster care; to care for
                                                  Fairness Act of 1996                                     and Medical Leave Act                                 the employee’s spouse, parent, son, or
                                                     This rule is not a major rule as                                                                            daughter with a serious health
                                                                                                           AGENCY:  Wage and Hour Division,                      condition; when the employee is unable
                                                  defined by section 251 of the Small
                                                                                                           Department of Labor.                                  to work due to the employee’s own
                                                  Business Regulatory Enforcement
                                                  Fairness Act of 1996 (SBREFA), 5 U.S.C.                  ACTION: Final rule.                                   serious health condition; or for any
                                                  804. This rule will not result in an                                                                           qualifying exigency arising out of the
                                                                                                           SUMMARY:   The Department of Labor’s                  fact that the employee’s spouse, son,
                                                  annual effect on the economy of $100                     (Department) Wage and Hour Division
                                                  million or more; a major increase in                                                                           daughter, or parent is a military member
                                                                                                           (WHD) revises the regulation defining                 on covered active duty. 29 U.S.C. 2612.
                                                  costs or prices; or significant adverse                  ‘‘spouse’’ under the Family and Medical
                                                  effects on competition, employment,                                                                            An eligible employee may also take up
                                                                                                           Leave Act of 1993 (FMLA or the Act) in                to 26 workweeks of FMLA leave during
                                                  investment, productivity, innovation, or                 light of the United States Supreme
                                                  the ability of United States-based                                                                             a ‘‘single 12-month period’’ to care for
                                                                                                           Court’s decision in United States v.                  a covered servicemember with a serious
                                                  enterprises to compete with foreign-                     Windsor, which found section 3 of the
                                                  based enterprises in domestic and                                                                              injury or illness, when the employee is
                                                                                                           Defense of Marriage Act (DOMA) to be                  the spouse, son, daughter, parent, or
                                                  export markets.                                          unconstitutional.                                     next of kin of the servicemember. Id.
                                                  Congressional Review Act                                 DATES: This Final Rule is effective                      FMLA leave may be taken in a block,
                                                     This action pertains to agency                        March 27, 2015.                                       or under certain circumstances,
                                                  management, personnel, and                               FOR FURTHER INFORMATION CONTACT:                      intermittently or on a reduced leave
                                                  organization and does not substantially                  Mary Ziegler, Director of the Division of             schedule. Id. In addition to providing
                                                                                                           Regulations, Legislation, and                         job-protected family and medical leave,
wreier-aviles on DSK5TPTVN1PROD with RULES




                                                  affect the rights or obligations of non-
                                                  agency parties. Accordingly, it is not a                 Interpretation, U.S. Department of                    employers must also maintain any
                                                  rule for purposes of the reporting                       Labor, Wage and Hour Division, 200                    preexisting group health plan coverage
                                                  requirement of 5 U.S.C. 801.                             Constitution Avenue NW., Room S–                      for an employee on FMLA-protected
                                                                                                           3502, Frances Perkins Building,                       leave under the same conditions that
                                                  List of Subjects in 28 CFR Part 0                        Washington, DC 20210; telephone: (202)                would apply if the employee had not
                                                    Authority delegations (Government                      693–0406 (this is not a toll-free                     taken leave. 29 U.S.C. 2614. Once the
                                                  agencies), Government employees,                         number). Copies of this Final Rule may                leave period is concluded, the employer


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Document Created: 2015-12-18 13:08:31
Document Modified: 2015-12-18 13:08:31
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesThis rule is effective February 25, 2015.
ContactDenise Brown, Enforcement Programs and Services, Bureau of Alcohol, Tobacco, Firearms, and Explosives, U.S. Department of Justice, 99 New York Avenue NE., Washington, DC 20226, telephone: (202) 648-7070.
FR Citation80 FR 9987 
CFR AssociatedAuthority Delegations (government Agencies); Government Employees; Organization and Functions (government Agencies); Privacy; Reporting and Recordkeeping Requirements and Whistleblowing

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