81_FR_43192 81 FR 43065 - Office for Access to Justice

81 FR 43065 - Office for Access to Justice

DEPARTMENT OF JUSTICE
Office of the Attorney General

Federal Register Volume 81, Issue 127 (July 1, 2016)

Page Range43065-43066
FR Document2016-15574

This rule amends the Code of Federal Regulations to reflect the establishment of the Office for Access to Justice as a distinct component of the Department of Justice. The Office for Access to Justice was created by the Attorney General to address the access-to- justice crisis in the criminal and civil justice systems. The office's mission is to help ensure that the justice system is efficient, fair, and accessible to all, irrespective of an individual's wealth and status. This rule sets forth the Office's organization, mission and functions.

Federal Register, Volume 81 Issue 127 (Friday, July 1, 2016)
[Federal Register Volume 81, Number 127 (Friday, July 1, 2016)]
[Rules and Regulations]
[Pages 43065-43066]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-15574]


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DEPARTMENT OF JUSTICE

Office of the Attorney General

28 CFR Part 0

[AG Order No. 3691-2016]


Office for Access to Justice

AGENCY: Department of Justice.

ACTION: Final rule.

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

SUMMARY: This rule amends the Code of Federal Regulations to reflect 
the establishment of the Office for Access to Justice as a distinct 
component of the Department of Justice. The Office for Access to 
Justice was created by the Attorney General to address the access-to-
justice crisis in the criminal and civil justice systems. The office's 
mission is to help ensure that the justice system is efficient, fair, 
and accessible to all, irrespective of an individual's wealth and 
status. This rule sets forth the Office's organization, mission and 
functions.

DATES: This rule is effective July 1, 2016.

FOR FURTHER INFORMATION CONTACT: Lisa Foster, Director, Office for 
Access to Justice, U.S. Department of Justice, RFK Main Justice 
Building, Room 3340, 950 Pennsylvania Avenue NW., Washington, DC 20530. 
Telephone: (202) 514-5312.

SUPPLEMENTARY INFORMATION:

Background

    In 2010, the Attorney General established the Office for Access to 
Justice to address the access-to-justice crisis in the criminal and 
civil justice

[[Page 43066]]

systems. The office's mission is to help ensure that the justice system 
is efficient, fair, and accessible to all, irrespective of an 
individual's wealth and status. Its staff works within the Department 
of Justice, across federal agencies, and with state, local, and tribal 
justice system stakeholders to increase access to counsel and legal 
assistance and to improve the justice system for people who are unable 
to afford lawyers. This rule reflects the establishment of the Office 
for Access to Justice as a distinct component of the Department of 
Justice, and sets forth the office's organization, mission, and 
functions.

Administrative Procedure Act

    This rule is a rule of agency organization and procedure, and 
relates to the internal management of the Department of Justice. It is 
therefore exempt from the requirements of notice and comment and a 
delayed effective date. 5 U.S.C. 553(b), (d).

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 this rule 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 was not required to be prepared for 
this final rule since the Department was not required to publish a 
general notice of proposed rulemaking for this matter. See 5 U.S.C. 
604(a).

Executive Orders 12866 and 13563: Regulatory Review

    This action has been drafted and reviewed in accordance with 
Executive Order 12866, ``Regulatory Planning and Review,'' section 
1(b), The Principles of Regulation, and in accordance with Executive 
Order 13563, ``Improving Regulations and Regulatory Review,'' section 
1(b), General Principles of Regulation. This action is limited to 
agency organization, management, and personnel matters and therefore is 
not a ``regulation'' or ``rule'' under Executive Order 12866. Id. Sec.  
3(d)(3). Accordingly, this action has not been reviewed by the Office 
of Management and Budget.

Executive Order 13132: Federalism

    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 section 6 of 
Executive Order 13132, it is determined that this rule does not have 
sufficient federalism implications to warrant the preparation of a 
federalism summary impact statement.

Executive Order 12988: Civil Justice Reform

    This rule meets the applicable standards set forth in sections 3(a) 
and 3(b)(2) of Executive Order 12988.

Unfunded Mandates Reform Act of 1955

    This rule will not result in the expenditure by State, local, and 
tribal governments, in the aggregate, or by the private sector, of 
$100,000,000 or more in any one year, and it does not establish 
requirements that might significantly or uniquely affect small 
governments. Therefore, no actions were deemed necessary under the 
provisions of the Unfunded Mandates Reform Act of 1995.

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 and, accordingly, is not a ``rule'' 
as that term is used by the Congressional Review Act (Subtitle E of the 
Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA)). 
See 5 U.S.C. 804(3). Therefore, the reporting requirement of 5 U.S.C. 
801 does not apply.

Plain Language Instructions

    We try to write clearly. Suggestions about how to improve the 
clarity of this rule may be submitted in writing to Lisa Foster, 
Director, Office for Access to Justice.

List of Subjects in 28 CFR Part 0

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

    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, 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 part 0 continues to read as follows:

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


0
2. In Sec.  0.1, under the heading ``Offices'', add the title ``Office 
for Access to Justice'' to the end of the list.
0
3. Add Subpart F-1 to read as follows:

Subpart F-1--Office for Access to Justice


Sec.  0.33  Office for Access to Justice.

    The Office for Access to Justice shall be headed by a Director 
appointed by the Attorney General. The principal responsibilities of 
the Office shall be to plan, develop, and coordinate the implementation 
of access to justice policy initiatives of high priority to the 
Department and the executive branch, including in the areas of criminal 
indigent defense and civil legal aid. In addition, the Director shall:
    (a) Promote uniformity of Department of Justice and government-wide 
policies and litigation positions relating to equal access to justice;
    (b) Examine proposed legislation, proposed rules, and other policy 
proposals to ensure that access to justice principles are properly 
considered in the development of policy; and
    (c) Perform such other duties and functions as may be authorized by 
law or directed by the Attorney General, Deputy Attorney General, or 
Associate Attorney General.

    Dated: June 24, 2016.
Loretta E. Lynch,
Attorney General.
[FR Doc. 2016-15574 Filed 6-30-16; 8:45 am]
 BILLING CODE 4410-PN-P



                                                                        Federal Register / Vol. 81, No. 127 / Friday, July 1, 2016 / Rules and Regulations                                               43065

                                                  closing date to ask for a public hearing.               requirements of any recordkeeping                         (c) Applicability of increases in
                                                  The Administrator reserves the right to                 provision.                                             penalty. Any increase in the penalty
                                                  determine whether to hold a public                                                                             described in paragraph (a) of this
                                                                                                          Regulatory Flexibility Act
                                                  hearing.                                                                                                       section shall apply only to penalties,
                                                                                                            Because the agency was not required                  including those whose associated
                                                  Confidentiality                                         to publish a notice of proposed                        violation predated such an increase,
                                                     All submitted comments and                           rulemaking, the provisions of the                      which are assessed after the date the
                                                  attachments are part of the public record               Regulatory Flexibility Act relating to an              increase takes effect. An increase will
                                                  and subject to disclosure. Do not                       initial and final regulatory analysis (5               take effect on the date a notice is
                                                  enclose any material in your comments                   U.S.C. 603, 604) are not applicable to                 published in the Federal Register
                                                  that you consider to be confidential or                 this interim final rule. Accordingly, a                announcing the increase. The effective
                                                  inappropriate for public disclosure.                    regulatory flexibility analysis is not                 date of the increase also will be listed
                                                  Public Disclosure                                       required.                                              at the Web site in paragraph (a) of this
                                                                                                          Executive Order 12866                                  section.
                                                     TTB will post, and you may view,
                                                  copies of this interim final rule, selected                                                                      Dated: May 16, 2016.
                                                                                                            It has been determined that this
                                                  supporting materials, and any online or                 interim final rule is not a significant                Mary G. Ryan,
                                                  mailed comments received about this                     regulatory action as defined in                        Acting Administrator.
                                                  interim final rule within Docket No.                    Executive Order 12866. Therefore, a                      Approved: May 27, 2016.
                                                  TTB–2016–0006 on the Federal e-                         regulatory assessment is not required.                 Timothy E. Skud,
                                                  rulemaking portal, Regulations.gov, at                                                                         Deputy Assistant Secretary, (Tax, Trade, and
                                                  http://www.regulations.gov. A direct                    Drafting Information
                                                                                                                                                                 Tariff Policy).
                                                  link to that docket is available on the                   Andrew L. Malone of the Regulations                  [FR Doc. 2016–15636 Filed 6–30–16; 8:45 am]
                                                  TTB Web site at http://www.ttb.gov/rrd/                 and Rulings Division, Alcohol and                      BILLING CODE 4810–31–P
                                                  decisions.shtml under T.D. TTB–138.                     Tobacco Tax and Trade Bureau, drafted
                                                  You may also reach the relevant docket                  this document.
                                                  through the Regulations.gov search page                                                                        DEPARTMENT OF JUSTICE
                                                                                                          List of Subjects in 27 CFR Part 16
                                                  at http://www.regulations.gov. For
                                                  information on how to use                                 Alcohol and alcoholic beverages,                     Office of the Attorney General
                                                  Regulations.gov, click on the site’s                    Consumer protection, Health, Labeling,
                                                  ‘‘Help’’ tab.                                           Penalties.                                             28 CFR Part 0
                                                     All posted comments will display the
                                                                                                          Amendment to the Regulations                           [AG Order No. 3691–2016]
                                                  commenter’s name, organization (if
                                                  any), city, and State, and, in the case of                For the reasons set forth in the
                                                  mailed comments, all address                            preamble, TTB is amending 27 CFR,                      Office for Access to Justice
                                                  information, including email addresses.                 chapter I, part 16 as follows:                         AGENCY:    Department of Justice.
                                                  TTB may omit voluminous attachments                                                                            ACTION:   Final rule.
                                                  or material that the Bureau considers                   PART 16—Alcoholic Beverage Health
                                                  unsuitable for posting.                                 Warning Statement                                      SUMMARY:    This rule amends the Code of
                                                     You may also view copies of this                                                                            Federal Regulations to reflect the
                                                                                                          ■ 1. The authority citation for part 16
                                                  interim final rule and any electronic or                                                                       establishment of the Office for Access to
                                                                                                          continues to read as follows:
                                                  mailed comments that TTB receives                                                                              Justice as a distinct component of the
                                                  about this interim final rule by                          Authority: 27 U.S.C. 205, 215, 218; 28               Department of Justice. The Office for
                                                  appointment at the TTB Information                      U.S.C. 2461 note.                                      Access to Justice was created by the
                                                  Resource Center, 1310 G Street NW.,                     ■ 2. Section 16.33 is revised to read as               Attorney General to address the access-
                                                  Washington, DC 20005. You may also                      follows:                                               to-justice crisis in the criminal and civil
                                                  obtain copies at 20 cents per 8.5- x 11-                                                                       justice systems. The office’s mission is
                                                  inch page. Contact TTB’s information                    § 16.33    Civil penalties; adjustments.               to help ensure that the justice system is
                                                  specialist at the above address or by                      (a) General. The Act provides that any              efficient, fair, and accessible to all,
                                                  telephone at 202–453–2270 to schedule                   person who violates the provisions of                  irrespective of an individual’s wealth
                                                  an appointment or to request copies of                  this part shall be subject to a civil                  and status. This rule sets forth the
                                                  comments or other materials.                            penalty of not more than $10,000.                      Office’s organization, mission and
                                                                                                          However, pursuant to the provisions of                 functions.
                                                  Administrative Procedure Act                            the Federal Civil Penalties Inflation
                                                    TTB is issuing this interim final rule                Adjustment Act of 1990, as amended,                    DATES:   This rule is effective July 1,
                                                  without prior notice and opportunity for                this civil penalty is subject to periodic              2016.
                                                  public comment in accordance with                       cost-of-living adjustment. Accordingly,                FOR FURTHER INFORMATION CONTACT:      Lisa
                                                  provisions of the Improvements Act of                   any person who violates the provisions                 Foster, Director, Office for Access to
                                                  2015, which directs agencies to make                    of this part shall be subject to a civil               Justice, U.S. Department of Justice, RFK
                                                  the ‘‘catch-up’’ adjustment through                     penalty of not more than the amount                    Main Justice Building, Room 3340, 950
                                                  interim final rulemaking. In addition,                  listed at https://www.ttb.gov/regulation_              Pennsylvania Avenue NW., Washington,
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                                                  TTB finds good cause under 5 U.S.C.                     guidance/ablapenalty.html. Each day                    DC 20530. Telephone: (202) 514–5312.
                                                  553(d)(3) to dispense with the effective                shall constitute a separate offense.                   SUPPLEMENTARY INFORMATION:
                                                  date limitation in 5 U.S.C. 553(d)                         (b) Notice of cost-of-living adjustment.
                                                  because this interim final rule merely                  TTB will provide notice in the Federal                 Background
                                                  implements the provisions of the                        Register and at the Web site referenced                  In 2010, the Attorney General
                                                  Inflation Adjustment Act, as amended,                   in paragraph (a) of this section of cost-              established the Office for Access to
                                                  and does not change TTB’s                               of-living adjustments to the civil penalty             Justice to address the access-to-justice
                                                  interpretation of any regulation or the                 for violations of this part.                           crisis in the criminal and civil justice


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                                                  43066                 Federal Register / Vol. 81, No. 127 / Friday, July 1, 2016 / Rules and Regulations

                                                  systems. The office’s mission is to help                levels of government. Therefore, in                      Authority: 5 U.S.C. 301; 28 U.S.C. 509,
                                                  ensure that the justice system is                       accordance with section 6 of Executive                 510, 515–519.
                                                  efficient, fair, and accessible to all,                 Order 13132, it is determined that this                ■ 2. In § 0.1, under the heading
                                                  irrespective of an individual’s wealth                  rule does not have sufficient federalism               ‘‘Offices’’, add the title ‘‘Office for
                                                  and status. Its staff works within the                  implications to warrant the preparation                Access to Justice’’ to the end of the list.
                                                  Department of Justice, across federal                   of a federalism summary impact                         ■ 3. Add Subpart F–1 to read as follows:
                                                  agencies, and with state, local, and                    statement.
                                                  tribal justice system stakeholders to                                                                          Subpart F–1—Office for Access to
                                                                                                          Executive Order 12988: Civil Justice                   Justice
                                                  increase access to counsel and legal
                                                                                                          Reform
                                                  assistance and to improve the justice
                                                                                                                                                                 § 0.33    Office for Access to Justice.
                                                  system for people who are unable to                       This rule meets the applicable
                                                  afford lawyers. This rule reflects the                  standards set forth in sections 3(a) and                 The Office for Access to Justice shall
                                                  establishment of the Office for Access to               3(b)(2) of Executive Order 12988.                      be headed by a Director appointed by
                                                  Justice as a distinct component of the                                                                         the Attorney General. The principal
                                                                                                          Unfunded Mandates Reform Act of                        responsibilities of the Office shall be to
                                                  Department of Justice, and sets forth the
                                                                                                          1955                                                   plan, develop, and coordinate the
                                                  office’s organization, mission, and
                                                  functions.                                                This rule will not result in the                     implementation of access to justice
                                                                                                          expenditure by State, local, and tribal                policy initiatives of high priority to the
                                                  Administrative Procedure Act                                                                                   Department and the executive branch,
                                                                                                          governments, in the aggregate, or by the
                                                    This rule is a rule of agency                         private sector, of $100,000,000 or more                including in the areas of criminal
                                                  organization and procedure, and relates                 in any one year, and it does not                       indigent defense and civil legal aid. In
                                                  to the internal management of the                       establish requirements that might                      addition, the Director shall:
                                                  Department of Justice. It is therefore                  significantly or uniquely affect small                   (a) Promote uniformity of Department
                                                  exempt from the requirements of notice                  governments. Therefore, no actions were                of Justice and government-wide policies
                                                  and comment and a delayed effective                     deemed necessary under the provisions                  and litigation positions relating to equal
                                                  date. 5 U.S.C. 553(b), (d).                             of the Unfunded Mandates Reform Act                    access to justice;
                                                                                                          of 1995.                                                 (b) Examine proposed legislation,
                                                  Regulatory Flexibility Act                                                                                     proposed rules, and other policy
                                                    The Attorney General, in accordance                   Congressional Review Act                               proposals to ensure that access to justice
                                                  with the Regulatory Flexibility Act (5                                                                         principles are properly considered in
                                                                                                             This action pertains to agency
                                                  U.S.C. 605(b)), has reviewed this rule                                                                         the development of policy; and
                                                                                                          management, personnel, and
                                                  and by approving it certifies that this                                                                          (c) Perform such other duties and
                                                                                                          organization and does not substantially
                                                  rule will not have a significant                                                                               functions as may be authorized by law
                                                                                                          affect the rights or obligations of non-
                                                  economic impact on a substantial                                                                               or directed by the Attorney General,
                                                                                                          agency parties and, accordingly, is not
                                                  number of small entities because it                                                                            Deputy Attorney General, or Associate
                                                                                                          a ‘‘rule’’ as that term is used by the
                                                  pertains to personnel and administrative                                                                       Attorney General.
                                                                                                          Congressional Review Act (Subtitle E of
                                                  matters affecting the Department.                                                                                Dated: June 24, 2016.
                                                                                                          the Small Business Regulatory
                                                  Further, a Regulatory Flexibility                                                                              Loretta E. Lynch,
                                                                                                          Enforcement Fairness Act of 1996
                                                  Analysis was not required to be
                                                                                                          (SBREFA)). See 5 U.S.C. 804(3).                        Attorney General.
                                                  prepared for this final rule since the
                                                                                                          Therefore, the reporting requirement of                [FR Doc. 2016–15574 Filed 6–30–16; 8:45 am]
                                                  Department was not required to publish
                                                                                                          5 U.S.C. 801 does not apply.                           BILLING CODE 4410–PN–P
                                                  a general notice of proposed rulemaking
                                                  for this matter. See 5 U.S.C. 604(a).                   Plain Language Instructions
                                                  Executive Orders 12866 and 13563:                         We try to write clearly. Suggestions                 DEPARTMENT OF THE INTERIOR
                                                  Regulatory Review                                       about how to improve the clarity of this
                                                     This action has been drafted and                     rule may be submitted in writing to Lisa               Bureau of Ocean Energy Management
                                                  reviewed in accordance with Executive                   Foster, Director, Office for Access to
                                                  Order 12866, ‘‘Regulatory Planning and                  Justice.                                               30 CFR Parts 550 and 553
                                                  Review,’’ section 1(b), The Principles of               List of Subjects in 28 CFR Part 0                      [Docket ID: BOEM–2016–0055;
                                                  Regulation, and in accordance with                                                                             MMAA104000]
                                                  Executive Order 13563, ‘‘Improving                        Authority delegation (Government
                                                                                                          agencies), Government employees,                       RIN 1010–AD95
                                                  Regulations and Regulatory Review,’’
                                                  section 1(b), General Principles of                     Organization and functions
                                                                                                          (Government agencies), Privacy,                        Oil and Gas and Sulphur Operations in
                                                  Regulation. This action is limited to                                                                          the Outer Continental Shelf—Civil
                                                  agency organization, management, and                    Reporting and recordkeeping
                                                                                                          requirements, Whistleblowing.                          Penalties Inflation Adjustments
                                                  personnel matters and therefore is not a
                                                  ‘‘regulation’’ or ‘‘rule’’ under Executive                Accordingly, by virtue of the                        AGENCY:  Bureau of Ocean Energy
                                                  Order 12866. Id. § 3(d)(3). Accordingly,                authority vested in me as Attorney                     Management, Interior.
                                                  this action has not been reviewed by the                General, including 5 U.S.C. 301 and 28                 ACTION: Interim final rule.
                                                  Office of Management and Budget.                        U.S.C. 509, 510, part 0 of title 28 of the
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                                                                                                          Code of Federal Regulations is amended                 SUMMARY:   This rule adjusts the level of
                                                  Executive Order 13132: Federalism                                                                              civil monetary penalties contained in
                                                                                                          as follows:
                                                    This rule will not have substantial                                                                          the Bureau of Ocean Energy
                                                  direct effects on the States, on the                    PART 0—ORGANIZATION OF THE                             Management (BOEM) regulations
                                                  relationship between the national                       DEPARTMENT OF JUSTICE                                  pursuant to the Outer Continental Shelf
                                                  government and the States, or on the                                                                           Lands Act, the Oil Pollution Act of
                                                  distribution of power and                               ■ 1. The authority citation for part 0                 1990, the Federal Civil Penalties
                                                  responsibilities among the various                      continues to read as follows:                          Inflation Adjustment Act Improvements


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Document Created: 2016-07-14 11:37:30
Document Modified: 2016-07-14 11:37:30
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 July 1, 2016.
ContactLisa Foster, Director, Office for Access to Justice, U.S. Department of Justice, RFK Main Justice Building, Room 3340, 950 Pennsylvania Avenue NW., Washington, DC 20530. Telephone: (202) 514-5312.
FR Citation81 FR 43065 
CFR AssociatedAuthority Delegation (government Agencies); Government Employees; Organization and Functions (government Agencies); Privacy; Reporting and Recordkeeping Requirements and Whistleblowing

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