82_FR_10575 82 FR 10546 - Delegation of Authority Concerning Mutual Legal Assistance

82 FR 10546 - Delegation of Authority Concerning Mutual Legal Assistance

DEPARTMENT OF JUSTICE
Office of the Attorney General

Federal Register Volume 82, Issue 29 (February 14, 2017)

Page Range10546-10547
FR Document2017-02955

The Attorney General has delegated to the Assistant Attorney General for the Criminal Division, with certain restrictions, the authority to perform the functions of the ``Central Authority'' or ``Competent Authority'' under treaties and executive agreements between the United States and other countries on mutual assistance in criminal matters that designate the Attorney General or the Department of Justice as such authority. The Assistant Attorney General for the Criminal Division is authorized to re-delegate this authority to the Deputy Assistant Attorneys General and to the Director and Deputy Directors of the Office of International Affairs (OIA). This final rule will expand the scope of persons to whom this authority may be re- delegated to include OIA's Associate Directors.

Federal Register, Volume 82 Issue 29 (Tuesday, February 14, 2017)
[Federal Register Volume 82, Number 29 (Tuesday, February 14, 2017)]
[Rules and Regulations]
[Pages 10546-10547]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-02955]


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DEPARTMENT OF JUSTICE

Office of the Attorney General

28 CFR Part 0

[Docket No. CRM 116; AG Order No. 3847-2017]


Delegation of Authority Concerning Mutual Legal Assistance

AGENCY: Department of Justice.

ACTION: Final rule.

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

SUMMARY: The Attorney General has delegated to the Assistant Attorney 
General for the Criminal Division, with certain restrictions, the 
authority to perform the functions of the ``Central Authority'' or 
``Competent Authority'' under treaties and executive agreements between 
the United States and other countries on mutual assistance in criminal 
matters that designate the Attorney General or the Department of 
Justice as such authority. The Assistant Attorney General for the 
Criminal Division is authorized to re-delegate this authority to the 
Deputy Assistant Attorneys General and to the Director and Deputy 
Directors of the Office of International Affairs (OIA). This final rule 
will expand the scope of persons to whom this authority may be re-
delegated to include OIA's Associate Directors.

DATES: Effective February 14, 2017.

FOR FURTHER INFORMATION CONTACT: Vaughn Ary, Director, Office of 
International Affairs, Criminal Division, U.S. Department of Justice, 
Washington, DC 20005; Telephone (202) 616-1503.

SUPPLEMENTARY INFORMATION: The Office of International Affairs (OIA) 
serves as the United States Central Authority with respect to all 
requests for information and evidence received from and made to foreign 
authorities under Mutual Legal Assistance Treaties and multilateral 
conventions regarding assistance in criminal matters. OIA's inventory 
of pending mutual legal assistance (MLA) requests has grown 
substantially in recent years. OIA received over 6,000 new requests in 
FY16, the most since OIA's inception in 1979. With only three senior 
leaders (the Director and two Deputy Directors) authorized to sign 
outgoing MLA requests, it can be difficult for OIA to process these MLA 
requests expeditiously. To address this issue, the Department of 
Justice is modifying its delegation of authority in 28 CFR 0.64-1 to 
add the Associate Directors who supervise OIA's regional teams and 
designated units as persons who may sign MLA requests. Associate 
Directors represent the most

[[Page 10547]]

experienced attorneys within the organization and are responsible for 
providing legal and policy guidance to the Assistant Attorney General 
and Deputy Assistant Attorney General, approving the arrest of 
international fugitives, providing oversight of extradition litigation 
in U.S. and foreign courts, and participating in the negotiation of 
bilateral and multilateral law enforcement treaties. Authorizing these 
senior supervisory attorneys to sign outgoing MLA requests is 
commensurate with their existing duties and provides OIA with the 
capability to more efficiently process these requests, avoid 
unnecessary delays, and effectively satisfy MLA requests.

Administrative Procedure Act--5 U.S.C. 553

    This rule is a rule of agency organization and relates to a matter 
relating to agency management and is therefore exempt from the 
requirements of prior notice and comment and a 30-day delay in the 
effective date. See 5 U.S.C. 553(a)(2), 553(b)(3)(A).

Regulatory Flexibility Act

    The Attorney General, in accordance with the Regulatory Flexibility 
Act (5 U.S.C. 605(b)), has reviewed this regulation and by approving it 
certifies that this regulation 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 to be prepared for 
this final rule because the Department was not required to publish a 
general notice of proposed rulemaking for this matter. 5 U.S.C. 604(a).

Executive Order 12866--Regulatory Planning and Review

    This action has been drafted and reviewed in accordance with 
Executive Order 12866, Regulatory Planning and Review, section 1(b), 
Principles of Regulation. This rule is limited to agency organization, 
management, and personnel as described in section 3(d)(3) of Executive 
Order 12866 and, therefore, is not a ``regulation'' or ``rule'' as 
defined by the order. 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 distribution of power and responsibilities among the various levels 
of government. Therefore, in accordance with Executive Order 13132, it 
is determined that this rule does not have sufficient federalism 
implications to warrant the preparation of a Federalism Assessment.

Executive Order 12988--Civil Justice Reform

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

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 
$100,000,000 or more in any one year, and it will not 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 
organizations 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, 5 U.S.C. 
804(3)(B). Therefore, the reporting requirement of 5 U.S.C. 801 does 
not apply.

List of Subjects in 28 CFR Part 0

    Authority delegations (Government agencies), Counterterrorism, 
Crime, Government employees, Law enforcement, National security 
information, Organization and functions (Government agencies), Privacy, 
Reporting and recordkeeping requirements, Terrorism, 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 and 510, 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. Revise the last sentence of Sec.  0.64-1 to read as follow:


Sec.  0.64-1   Central or Competent Authority under treaties and 
executive agreements on mutual assistance in criminal matters.

    * * * The Assistant Attorney General, Criminal Division, is 
authorized to re-delegate this authority to the Deputy Assistant 
Attorneys General, Criminal Division, and to the Director, Deputy 
Directors, and Associate Directors of the Office of International 
Affairs, Criminal Division.

    Dated: February 8, 2017.
Dana J. Boente,
Acting Attorney General.
[FR Doc. 2017-02955 Filed 2-13-17; 8:45 am]
 BILLING CODE 4410-14-P



                                              10546            Federal Register / Vol. 82, No. 29 / Tuesday, February 14, 2017 / Rules and Regulations

                                              Availability and Summary of                             that warrant preparation of an                          DEPARTMENT OF JUSTICE
                                              Documents for Incorporation by                          environmental assessment.
                                              Reference                                                                                                       Office of the Attorney General
                                                                                                      List of Subjects in 14 CFR Part 71
                                                 This document amends FAA Order
                                                                                                       Airspace, Incorporation by reference,                  28 CFR Part 0
                                              7400.11A, Airspace Designations and
                                              Reporting Points, dated August 3, 2016,                 Navigation (air).                                       [Docket No. CRM 116; AG Order No. 3847–
                                              and effective September 15, 2016. FAA                                                                           2017]
                                                                                                      Adoption of the Amendment
                                              Order 7400.11A is publicly available as
                                              listed in the ADDRESSES section of this                                                                         Delegation of Authority Concerning
                                                                                                        In consideration of the foregoing, the                Mutual Legal Assistance
                                              document. FAA Order 7400.11A lists                      Federal Aviation Administration
                                              Class A, B, C, D, and E airspace areas,                 amends 14 CFR part 71 as follows:                       AGENCY:    Department of Justice.
                                              air traffic service routes, and reporting                                                                       ACTION:   Final rule.
                                              points.                                                 PART 71—DESIGNATION OF CLASS A,
                                              The Rule                                                B, C, D, AND E AIRSPACE AREAS; AIR                      SUMMARY:   The Attorney General has
                                                                                                      TRAFFIC SERVICE ROUTES; AND                             delegated to the Assistant Attorney
                                                 This amendment to Title 14, Code of                  REPORTING POINTS                                        General for the Criminal Division, with
                                              Federal Regulations (14 CFR) part 71                                                                            certain restrictions, the authority to
                                              modifies Class E airspace extending                                                                             perform the functions of the ‘‘Central
                                                                                                      ■ 1. The authority citation for Part 71
                                              upward from 700 feet above the surface                                                                          Authority’’ or ‘‘Competent Authority’’
                                              at McNary Field, Salem, OR, by adding                   continues to read as follows:
                                                                                                                                                              under treaties and executive agreements
                                              segments extending from the 6.7-mile                      Authority: 49 U.S.C. 106(f), 106(g); 40103,           between the United States and other
                                              radius to 13.50 miles northwest of the                  40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR,            countries on mutual assistance in
                                              airport, and extending from the 8.2-mile                1959–1963 Comp., p. 389.                                criminal matters that designate the
                                              radius to 16.5 miles southeast of the                                                                           Attorney General or the Department of
                                                                                                      § 71.1       [Amended]
                                              airport. After a review, the FAA                                                                                Justice as such authority. The Assistant
                                              discovered additional airspace was                      ■ 2. The incorporation by reference in                  Attorney General for the Criminal
                                              necessary to accommodate the LOC Y                      14 CFR 71.1 of FAA Order 7400.11A,                      Division is authorized to re-delegate this
                                              RWY 31, and the LOC/DME BC RWY 13                       Airspace Designations and Reporting                     authority to the Deputy Assistant
                                              instrument approach procedures for the                  Points, dated August 3, 2016, and                       Attorneys General and to the Director
                                              safety and management of IFR                                                                                    and Deputy Directors of the Office of
                                                                                                      effective September 15, 2016, is
                                              operations at the airport.                                                                                      International Affairs (OIA). This final
                                                                                                      amended as follows:
                                              Regulatory Notices and Analyses                                                                                 rule will expand the scope of persons to
                                                                                                      Paragraph 6005 Class E Airspace Areas                   whom this authority may be re-
                                                 The FAA has determined that this                     Extending Upward From 700 Feet or More                  delegated to include OIA’s Associate
                                              regulation only involves an established                 Above the Surface of the Earth.                         Directors.
                                              body of technical regulations for which                 *        *      *      *       *
                                              frequent and routine amendments are                                                                             DATES:   Effective February 14, 2017.
                                              necessary to keep them operationally                    ANM OR E5           Salem, OR [Modified]                FOR FURTHER INFORMATION CONTACT:
                                              current, is non-controversial and                       Salem, McNary Field, OR                                 Vaughn Ary, Director, Office of
                                              unlikely to result in adverse or negative                  (Lat. 44°54′34″ N., long. 123°00′09″ W.)             International Affairs, Criminal Division,
                                              comments. It, therefore: (1) Is not a                      That airspace extending upward from 700
                                                                                                                                                              U.S. Department of Justice, Washington,
                                              ‘‘significant regulatory action’’ under                 feet above the surface within a 6.2-mile                DC 20005; Telephone (202) 616–1503.
                                              Executive Order 12866; (2) is not a                     radius of McNary Field from the 168° bearing            SUPPLEMENTARY INFORMATION: The Office
                                              ‘‘significant rule’’ under DOT                          from the airport clockwise to the 311° bearing          of International Affairs (OIA) serves as
                                              Regulatory Policies and Procedures (44                  from the airport, and that airspace within a            the United States Central Authority with
                                              FR 11034; February 26, 1979); and (3)                   6.7-mile radius of McNary Field from the                respect to all requests for information
                                              does not warrant preparation of a                       311° bearing from the airport clockwise to the          and evidence received from and made to
                                              Regulatory Evaluation as the anticipated                074° bearing from the airport, and that                 foreign authorities under Mutual Legal
                                              impact is so minimal. Since this is a                   airspace within an 8.2-mile radius of McNary            Assistance Treaties and multilateral
                                              routine matter that only affects air traffic            Field from the 074° bearing from the airport            conventions regarding assistance in
                                              procedures and air navigation, it is                    clockwise to the 168° bearing from the                  criminal matters. OIA’s inventory of
                                              certified that this rule, when                          airport, and that airspace 2 miles either side          pending mutual legal assistance (MLA)
                                              promulgated, does not have a significant                of the 330° bearing extending from the 6.7-             requests has grown substantially in
                                              economic impact on a substantial                        mile radius of the airport to 13.5 miles                recent years. OIA received over 6,000
                                              number of small entities under the                      northwest of the airport, and that airspace 4           new requests in FY16, the most since
                                              criteria of the Regulatory Flexibility Act.             miles southwest and 5 miles northeast of the            OIA’s inception in 1979. With only
                                                                                                      150° bearing extending from the 8.2-mile                three senior leaders (the Director and
                                              Environmental Review                                    radius of the airport to 16.5 miles southeast           two Deputy Directors) authorized to sign
                                                 The FAA has determined that this                     of the airport.                                         outgoing MLA requests, it can be
                                              action qualifies for categorical exclusion                Issued in Seattle, Washington, on January             difficult for OIA to process these MLA
                                              under the National Environmental                        19, 2017.                                               requests expeditiously. To address this
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                                              Policy Act in accordance with FAA                       Tracey Johnson,
                                                                                                                                                              issue, the Department of Justice is
                                              Order 1050.1F, ‘‘Environmental                                                                                  modifying its delegation of authority in
                                                                                                      Manager, Operations Support Group, Western
                                              Impacts: Policies and Procedures,’’                                                                             28 CFR 0.64–1 to add the Associate
                                                                                                      Service Center.
                                              paragraph 5–6.5a. This airspace action                                                                          Directors who supervise OIA’s regional
                                                                                                      [FR Doc. 2017–02489 Filed 2–13–17; 8:45 am]
                                              is not expected to cause any potentially                                                                        teams and designated units as persons
                                              significant environmental impacts, and                  BILLING CODE 4910–13–P                                  who may sign MLA requests. Associate
                                              no extraordinary circumstances exist                                                                            Directors represent the most


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                                                               Federal Register / Vol. 82, No. 29 / Tuesday, February 14, 2017 / Rules and Regulations                                              10547

                                              experienced attorneys within the                        accordance with Executive Order 13132,                § 0.64–1 Central or Competent Authority
                                              organization and are responsible for                    it is determined that this rule does not              under treaties and executive agreements on
                                              providing legal and policy guidance to                  have sufficient federalism implications               mutual assistance in criminal matters.
                                              the Assistant Attorney General and                      to warrant the preparation of a                         * * * The Assistant Attorney
                                              Deputy Assistant Attorney General,                      Federalism Assessment.                                General, Criminal Division, is
                                              approving the arrest of international                                                                         authorized to re-delegate this authority
                                              fugitives, providing oversight of                       Executive Order 12988—Civil Justice                   to the Deputy Assistant Attorneys
                                              extradition litigation in U.S. and foreign              Reform                                                General, Criminal Division, and to the
                                              courts, and participating in the                                                                              Director, Deputy Directors, and
                                                                                                        This rule was drafted in accordance                 Associate Directors of the Office of
                                              negotiation of bilateral and multilateral
                                                                                                      with the applicable standards set forth               International Affairs, Criminal Division.
                                              law enforcement treaties. Authorizing
                                              these senior supervisory attorneys to                   in sections 3(a) and 3(b)(2) of Executive
                                                                                                                                                              Dated: February 8, 2017.
                                              sign outgoing MLA requests is                           Order 12988.
                                                                                                                                                            Dana J. Boente,
                                              commensurate with their existing duties                 Unfunded Mandates Reform Act of                       Acting Attorney General.
                                              and provides OIA with the capability to                 1995                                                  [FR Doc. 2017–02955 Filed 2–13–17; 8:45 am]
                                              more efficiently process these requests,
                                                                                                                                                            BILLING CODE 4410–14–P
                                              avoid unnecessary delays, and                             This rule will not result in the
                                              effectively satisfy MLA requests.                       expenditure by State, local and tribal
                                              Administrative Procedure Act—5                          governments, in the aggregate, or by the
                                                                                                      private sector of $100,000,000 or more                ENVIRONMENTAL PROTECTION
                                              U.S.C. 553                                                                                                    AGENCY
                                                                                                      in any one year, and it will not
                                                This rule is a rule of agency                         significantly or uniquely affect small
                                              organization and relates to a matter                                                                          40 CFR Part 180
                                                                                                      governments. Therefore, no actions were
                                              relating to agency management and is                    deemed necessary under the provisions                 [EPA–HQ–OPP–2015–0795, EPA–HQ–OPP–
                                              therefore exempt from the requirements                  of the Unfunded Mandates Reform Act                   2015–0796 and EPA–HQ–OPP–2015–0797;
                                              of prior notice and comment and a 30-                                                                         FRL–9957–22]
                                                                                                      of 1995.
                                              day delay in the effective date. See 5
                                              U.S.C. 553(a)(2), 553(b)(3)(A).                         Congressional Review Act                              Hexythiazox; Pesticide Tolerances
                                              Regulatory Flexibility Act                                                                                    AGENCY:  Environmental Protection
                                                                                                         This action pertains to agency
                                                                                                                                                            Agency (EPA).
                                                The Attorney General, in accordance                   management, personnel, and
                                                                                                                                                            ACTION: Final rule.
                                              with the Regulatory Flexibility Act (5                  organizations and does not substantially
                                              U.S.C. 605(b)), has reviewed this                       affect the rights or obligations of non-              SUMMARY:    This regulation establishes
                                              regulation and by approving it certifies                agency parties and, accordingly, is not               tolerances for residues of the ovicide/
                                              that this regulation will not have a                    a ‘‘rule’’ as that term is used by the                miticide hexythiazox in or on beet,
                                              significant economic impact on a                        Congressional Review Act, 5 U.S.C.                    sugar, root, and beet, sugar, dried pulp
                                              substantial number of small entities                    804(3)(B). Therefore, the reporting                   and establishes tolerances associated
                                              because it pertains to personnel and                    requirement of 5 U.S.C. 801 does not                  with regional registrations for residues
                                              administrative matters affecting the                    apply.                                                on Bermuda grass, forage and Bermuda
                                              Department. Further, a Regulatory                                                                             grass, hay. This regulation also modifies
                                              Flexibility Analysis is not required to be              List of Subjects in 28 CFR Part 0
                                                                                                                                                            the existing tolerances associated with
                                              prepared for this final rule because the                                                                      regional registrations in or on alfalfa,
                                                                                                        Authority delegations (Government
                                              Department was not required to publish                                                                        forage; and alfalfa, hay. Gowan
                                                                                                      agencies), Counterterrorism, Crime,
                                              a general notice of proposed rulemaking                                                                       Company requested these tolerances
                                              for this matter. 5 U.S.C. 604(a).                       Government employees, Law
                                                                                                      enforcement, National security                        under the Federal Food, Drug, and
                                              Executive Order 12866—Regulatory                        information, Organization and functions               Cosmetic Act (FFDCA). The regulation
                                              Planning and Review                                     (Government agencies), Privacy,                       also removes the existing time-limited
                                                                                                      Reporting and recordkeeping                           tolerance for residues on beet, sugar,
                                                 This action has been drafted and
                                                                                                      requirements, Terrorism,                              root because it is superseded by the new
                                              reviewed in accordance with Executive
                                                                                                                                                            beet, sugar, root tolerance and removes
                                              Order 12866, Regulatory Planning and                    Whistleblowing.
                                                                                                                                                            the tolerance for residues ‘‘Fruit, citrus
                                              Review, section 1(b), Principles of
                                                                                                        Accordingly, by virtue of the                       group 10’’ of 0.35 ppm because it is
                                              Regulation. This rule is limited to
                                                                                                      authority vested in me as Attorney                    superseded by the existing tolerance for
                                              agency organization, management, and
                                                                                                      General, including 5 U.S.C. 301 and 28                ‘‘Fruit, citrus group 10–10’’ of 0.6 ppm.
                                              personnel as described in section 3(d)(3)
                                              of Executive Order 12866 and, therefore,                U.S.C. 509 and 510, title 28 of the Code              DATES: This regulation is effective
                                              is not a ‘‘regulation’’ or ‘‘rule’’ as                  of Federal Regulations is amended as                  February 14, 2017. Objections and
                                              defined by the order. Accordingly, this                 follows:                                              requests for hearings must be received
                                              action has not been reviewed by the                                                                           on or before April 17, 2017, and must
                                                                                                      PART 0—ORGANIZATION OF THE                            be filed in accordance with the
                                              Office of Management and Budget.
                                                                                                      DEPARTMENT OF JUSTICE                                 instructions provided in 40 CFR part
                                              Executive Order 13132—Federalism                                                                              178 (see also Unit I.C. of the
sradovich on DSK3GMQ082PROD with RULES




                                                This rule will not have substantial                   ■ 1. The authority citation for part 0                SUPPLEMENTARY INFORMATION).
                                              direct effects on the States, on the                    continues to read as follows:                         ADDRESSES: The dockets for this action,
                                              relationship between the national                         Authority: 5 U.S.C. 301; 28 U.S.C. 509,             identified by docket identification (ID)
                                              government and the States, or on                        510, 515–519.                                         numbers EPA–HQ–OPP–2015–0795,
                                              distribution of power and                                                                                     EPA–HQ–OPP–2015–0796 and EPA–
                                              responsibilities among the various                      ■ 2. Revise the last sentence of § 0.64–              HQ–OPP–2015–0797, are available at
                                              levels of government. Therefore, in                     1 to read as follow:                                  http://www.regulations.gov or at the


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Document Created: 2017-02-13 23:40:12
Document Modified: 2017-02-13 23:40:12
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.
DatesEffective February 14, 2017.
ContactVaughn Ary, Director, Office of International Affairs, Criminal Division, U.S. Department of Justice, Washington, DC 20005; Telephone (202) 616-1503.
FR Citation82 FR 10546 
CFR AssociatedAuthority Delegations (government Agencies); Counterterrorism; Crime; Government Employees; Law Enforcement; National Security Information; Organization and Functions (government Agencies); Privacy; Reporting and Recordkeeping Requirements; Terrorism and Whistleblowing

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