83_FR_23458 83 FR 23360 - Delegation of Authority

83 FR 23360 - Delegation of Authority

DEPARTMENT OF JUSTICE

Federal Register Volume 83, Issue 98 (May 21, 2018)

Page Range23360-23361
FR Document2018-10703

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 has re-delegated this authority to the Deputy Assistant Attorneys General, and to the Director and Deputy Directors, of the Office of International Affairs (OIA). The Assistant Attorney General for the Criminal Division further re-delegates the authority to make requests under treaties and executive agreements on mutual assistance in criminal matters to the Associate Directors of OIA. This final rule will amend the Appendix to Subpart K of Part 0 to expand the list of persons who may exercise the authority to make mutual assistance requests in criminal matters to include OIA's Associate Directors.

Federal Register, Volume 83 Issue 98 (Monday, May 21, 2018) 
[Federal Register Volume 83, Number 98 (Monday, May 21, 2018)]
[Rules and Regulations]
[Pages 23360-23361]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-10703]



[[Page 23360]]

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DEPARTMENT OF JUSTICE

28 CFR Part 0

[Directive No. 81C]


Delegation of Authority

AGENCY: Office of the Assistant Attorney General, Criminal Division, 
Department of Justice.

ACTION: Final rule.

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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 has re-delegated this authority to the Deputy 
Assistant Attorneys General, and to the Director and Deputy Directors, 
of the Office of International Affairs (OIA). The Assistant Attorney 
General for the Criminal Division further re-delegates the authority to 
make requests under treaties and executive agreements on mutual 
assistance in criminal matters to the Associate Directors of OIA. This 
final rule will amend the Appendix to Subpart K of Part 0 to expand the 
list of persons who may exercise the authority to make mutual 
assistance requests in criminal matters to include OIA's Associate 
Directors.

DATES: This rule is effective May 21, 2018.

FOR FURTHER INFORMATION CONTACT: Vaughn Ary, Director, Office of 
International Affairs, Criminal Division, U.S. Department of Justice, 
Washington, DC 20005; Telephone (202) 514-0000.

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 1,400 new MLA requests 
from U.S. prosecutors for foreign evidence in FY17, the most since 
OIA's inception in 1979. With only three senior leaders (the Director 
and two Deputy Directors) authorized to make these requests, it can be 
difficult for OIA to review and process all requests expeditiously. To 
address this issue, the Assistant Attorney General for the Criminal 
Division is modifying Directive 81A of the Appendix to Subpart K of 
Part 0 to extend the re-delegation of authority to Associate Directors 
who supervise OIA's regional teams and designated units as persons who 
may make MLA requests. Associate Directors are among the most 
experienced attorneys within the organization and are responsible for 
providing legal and policy guidance to the Assistant Attorney General 
and Deputy Assistant Attorneys General. Authorizing these senior 
supervisory attorneys to make MLA requests to foreign central 
authorities is commensurate with their existing duties and provides OIA 
with the capability to process these requests more efficiently, avoid 
unnecessary delays, and more effectively satisfy the demand for 
international evidence from U.S. law enforcement.

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

    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. See 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 12612, 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 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 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.

    For the reasons stated in the preamble, Title 28, Part 0, of the 
Code of Federal Regulations is amended as set forth below:

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. The Appendix to Subpart K of Part 0 is amended by removing Directive 
No. 81A and adding Directive No. 81C in alphanumeric order, to read as 
follows:

Appendix to Subpart K of Part 0--Criminal Division

* * * * *

[[Page 23361]]

[Directive No. 81C]

Re-Delegation of Authority to Deputy Assistant Attorneys General, 
Criminal Division, and Director and Deputy Directors of the Office of 
International Affairs To Act Under Treaties and Executive Agreements on 
Mutual Assistance in Criminal Matters; and Re-Delegation of Authority 
To Make Requests Under Treaties and Executive Agreements on Mutual 
Assistance in Criminal Matters to the Associate Directors of the Office 
of International Affairs

    By virtue of the authority vested in me by Sec.  0.64-1 of Title 
28 of the Code of Federal Regulations, the Authority delegated to me 
by that section to exercise all of the power and authority vested in 
the Attorney General under treaties and executive agreements on 
mutual assistance in criminal matters is hereby re-delegated to each 
of the Deputy Assistant Attorneys General, Criminal Division, and to 
the Director and Deputy Directors of the Office of International 
Affairs, Criminal Division. In addition, I hereby re-delegate the 
authority to make requests under treaties and executive agreements 
on mutual assistance in criminal matters to the Associate Directors 
of the Office of International Affairs, Criminal Division.

    Dated: May 10, 2018.
John P. Cronan,
Acting Assistant Attorney General.
[FR Doc. 2018-10703 Filed 5-18-18; 8:45 am]
 BILLING CODE P

23360 Federal Register / Vol. 83, No. 98 / Monday, May 21, 2018 / Rules and Regulations DEPARTMENT OF JUSTICE process all requests expeditiously. To have sufficient federalism implications address this issue, the Assistant to warrant the preparation of a 28 CFR Part 0 Attorney General for the Criminal Federalism Assessment. [Directive No. 81C] Division is modifying Directive 81A of Executive Order 12988—Civil Justice the Appendix to Subpart K of Part 0 to Reform Delegation of Authority extend the re-delegation of authority to Associate Directors who supervise OIA’s This rule was drafted in accordance AGENCY: Office of the Assistant Attorney regional teams and designated units as General, Criminal Division, Department with the applicable standards set forth persons who may make MLA requests. in sections 3(a) and 3(b)(2) of Executive of Justice. Associate Directors are among the most Order 12988. ACTION: Final rule. experienced attorneys within the organization and are responsible for Unfunded Mandates Reform Act of SUMMARY: The Attorney General has 1955 providing legal and policy guidance to delegated to the Assistant Attorney the Assistant Attorney General and General for the Criminal Division, with This rule will not result in the Deputy Assistant Attorneys General. certain restrictions, the authority to expenditure by State, local and tribal Authorizing these senior supervisory perform the functions of the ‘‘Central governments, in the aggregate, or by the attorneys to make MLA requests to Authority’’ or ‘‘Competent Authority’’ private sector of $100,000,000 or more foreign central authorities is under treaties and executive agreements in any one year, and it will not commensurate with their existing duties between the United States and other significantly or uniquely affect small and provides OIA with the capability to countries on mutual assistance in governments. Therefore, no actions were process these requests more efficiently, criminal matters that designate the deemed necessary under the provisions avoid unnecessary delays, and more Attorney General or the Department of of the Unfunded Mandates Reform Act effectively satisfy the demand for Justice as such authority. The Assistant of 1995. international evidence from U.S. law Attorney General for the Criminal enforcement. Congressional Review Act Division has re-delegated this authority to the Deputy Assistant Attorneys Administrative Procedure Act—5 This action pertains to agency General, and to the Director and Deputy U.S.C. 553 management, personnel, and Directors, of the Office of International This rule is a rule of agency organizations and does not substantially Affairs (OIA). The Assistant Attorney organization and relates to a matter affect the rights or obligations of non- General for the Criminal Division relating to agency management and is agency parties and, accordingly, is not further re-delegates the authority to therefore exempt from the requirements a ‘‘rule’’ as that term is used by the make requests under treaties and of prior notice and comment and a 30- Congressional Review Act, 5 U.S.C. executive agreements on mutual day delay in the effective date. See 5 804(3)(B). Therefore, the reporting assistance in criminal matters to the U.S.C. 553(a)(2), 553(b)(3)(A). requirement of 5 U.S.C. 801 does not Associate Directors of OIA. This final apply. rule will amend the Appendix to Regulatory Flexibility Act Subpart K of Part 0 to expand the list A Regulatory Flexibility Analysis is List of Subjects in 28 CFR Part 0 of persons who may exercise the not required to be prepared for this final Authority delegations (Government authority to make mutual assistance rule because the Department was not agencies), Counterterrorism, Crime, requests in criminal matters to include required to publish a general notice of Government employees, Law OIA’s Associate Directors. proposed rulemaking for this matter. enforcement, National security DATES: This rule is effective May 21, See 5 U.S.C. 604(a). information, Organization and functions 2018. Executive Order 12866—Regulatory (Government agencies), Privacy, FOR FURTHER INFORMATION CONTACT: Planning and Review Reporting and recordkeeping Vaughn Ary, Director, Office of This action has been drafted and requirements, Terrorism, International Affairs, Criminal Division, reviewed in accordance with Executive Whistleblowing. U.S. Department of Justice, Washington, Order 12866, Regulatory Planning and For the reasons stated in the DC 20005; Telephone (202) 514–0000. Review, section 1(b), Principles of preamble, Title 28, Part 0, of the Code SUPPLEMENTARY INFORMATION: The Office Regulation. This rule is limited to of Federal Regulations is amended as set of International Affairs (OIA) serves as agency organization, management, and forth below: the United States Central Authority with personnel as described in section 3(d)(3) respect to all requests for information of Executive Order 12866 and, therefore, PART 0—ORGANIZATION OF THE and evidence received from and made to is not a ‘‘regulation’’ or ‘‘rule’’ as DEPARTMENT OF JUSTICE foreign authorities under mutual legal defined by the order. Accordingly, this assistance treaties and multilateral action has not been reviewed by the ■ 1. The authority citation for part 0 conventions regarding assistance in Office of Management and Budget. continues to read as follows: criminal matters. OIA’s inventory of pending mutual legal assistance (MLA) Executive Order 13132—Federalism Authority: 5 U.S.C. 301; 28 U.S.C. 509, 510, 515–519. requests has grown substantially in This rule will not have substantial recent years. OIA received over 1,400 direct effects on the States, on the ■ 2. The Appendix to Subpart K of Part sradovich on DSK3GMQ082PROD with RULES new MLA requests from U.S. relationship between the national 0 is amended by removing Directive No. prosecutors for foreign evidence in government and the States, or on 81A and adding Directive No. 81C in FY17, the most since OIA’s inception in distribution of power and alphanumeric order, to read as follows: 1979. With only three senior leaders responsibilities among the various (the Director and two Deputy Directors) levels of government. Therefore, in Appendix to Subpart K of Part 0— authorized to make these requests, it can accordance with Executive Order 12612, Criminal Division be difficult for OIA to review and it is determined that this rule does not * * * * * VerDate Sep<11>2014 15:54 May 18, 2018 Jkt 244001 PO 00000 Frm 00012 Fmt 4700 Sfmt 4700 E:\FR\FM\21MYR1.SGM 21MYR1

Federal Register / Vol. 83, No. 98 / Monday, May 21, 2018 / Rules and Regulations 23361 [Directive No. 81C] FOR FURTHER INFORMATION CONTACT: If DEPARTMENT OF HOMELAND Re-Delegation of Authority to Deputy you have questions on this temporary SECURITY Assistant Attorneys General, Criminal deviation, call or email Mr. Steven Division, and Director and Deputy Directors Fischer, Bridge Administrator, Coast Guard of the Office of International Affairs To Act Thirteenth Coast Guard District; Under Treaties and Executive Agreements telephone 206–220–7282, email d13-pf- 33 CFR Part 117 on Mutual Assistance in Criminal Matters; d13bridges@uscg.mil. [Docket No. USCG–2018–0405] and Re-Delegation of Authority To Make Requests Under Treaties and Executive SUPPLEMENTARY INFORMATION: Agreements on Mutual Assistance in Drawbridge Operation Regulation; Multnomah County, Oregon owns the Atlantic Intracoastal Waterway (AIWW), Criminal Matters to the Associate Directors Burnside Bridge, crossing the Wrightsville Beach, NC and Northeast of the Office of International Affairs Willamette River, mile 12.4, at Portland, Cape Fear River, Wilmington, NC By virtue of the authority vested in me by OR, and has requested a temporary § 0.64–1 of Title 28 of the Code of Federal AGENCY: Coast Guard, DHS. Regulations, the Authority delegated to me deviation from the operating schedule. by that section to exercise all of the power The requested deviation is to ACTION:Notice of deviation from and authority vested in the Attorney General accommodate the Spirit Mountain drawbridge regulation. under treaties and executive agreements on Casino Grand Floral Parade. To facilitate mutual assistance in criminal matters is SUMMARY: The Coast Guard has issued a this event, the draw of the subject bridge temporary deviation from the operating hereby re-delegated to each of the Deputy will be authorized to remain in the Assistant Attorneys General, Criminal schedules that govern the S.R. 74 Division, and to the Director and Deputy closed-to-navigation position to marine (Wrightsville Beach) Bridge across the Directors of the Office of International traffic. This deviation period is from 7 Atlantic Intracoastal Waterway (AIWW), Affairs, Criminal Division. In addition, I a.m. to 2 p.m. on June 9, 2018. mile 283.1, at Wrightsville Beach, NC, hereby re-delegate the authority to make The Burnside Bridge provides a and the Isabel S. Holmes Bridge across requests under treaties and executive the Northeast Cape Fear River, mile 1.0, vertical clearance of 41 feet in the agreements on mutual assistance in criminal closed-to-navigation position referenced at Wilmington, NC. The deviation is matters to the Associate Directors of the Office of International Affairs, Criminal to Columbia River Datum 0.0. The necessary to accommodate the free Division. normal operating schedule is in 33 CFR movement of pedestrians and vehicles 117.897. Waterway usage on this part of during the 11th Annual Ironman Dated: May 10, 2018. the Willamette River includes vessels Triathlon. This deviation allows these John P. Cronan, bridges to remain in their closed-to- Acting Assistant Attorney General. ranging from commercial tug and barge to small pleasure craft. The Coast Guard navigation position. [FR Doc. 2018–10703 Filed 5–18–18; 8:45 am] DATES: The deviation is effective from contacted all known users of the BILLING CODE P Willamette River for comment, and we 7:30 a.m. to 3 p.m. on October 13, 2018. received no objections for this ADDRESSES: The docket for this deviation. deviation, [USCG–2018–0405], is DEPARTMENT OF HOMELAND available at http://www.regulations.gov. SECURITY Vessels able to pass through the Type the docket number in the bridge in the closed-to-navigation ‘‘SEARCH’’ box and click ‘‘SEARCH’’. Coast Guard position may do so at any time. The Click on Open Docket Folder on the line bridge will be able to open the span associated with this deviation. 33 CFR Part 117 only for emergencies, and there is no FOR FURTHER INFORMATION CONTACT: If [Docket No. USCG–2018–0452] immediate alternate route for vessels to you have questions on this temporary pass. The Coast Guard will inform the deviation, call or email Ms. Kashanda Drawbridge Operation Regulation; users of the waterway, through our Booker, Bridge Administration Branch Willamette River at Portland, OR Local and Broadcast Notices to Fifth District, Coast Guard; telephone AGENCY: Coast Guard, DHS. Mariners, of the change in operating 757–398–6227, email schedule for the bridges so that vessels Kashanda.l.booker@uscg.mil. ACTION:Notice of deviation from drawbridge regulation. can arrange their transits to minimize SUPPLEMENTARY INFORMATION: The any impact caused by the temporary Quintiles Wrightsville Beach Marathon SUMMARY: The Coast Guard has issued a deviation. Committee, with approval from the temporary deviation from the operating In accordance with 33 CFR 117.35(e), North Carolina Department of schedule that governs the Burnside the drawbridge must return to its regular Transportation, owner and operator of Bridge across the Willamette River, mile operating schedules immediately at the the S.R. 74 (Wrightsville Beach) Bridge 12.4, at Portland, OR. The deviation is end of the effective period of this and the Isabel S. Holmes Bridge, has necessary to accommodate a city parade requested a temporary deviation from temporary deviation. This deviation event. This deviation allows the double the current operating regulations to from the operating regulations is bascule bridge to remain in the closed- accommodate the free movement of to-navigation position. authorized under 33 CFR 117.35. pedestrians and vehicles during the DATES: This deviation is effective from Dated: May 15, 2018. 11th Annual Ironman Triathlon. The 7 a.m. to 2 p.m. on June 9, 2018. Steven M. Fischer, two bridges are both double bascule sradovich on DSK3GMQ082PROD with RULES ADDRESSES: The docket for this Bridge Administrator, Thirteenth Coast Guard bridges and have vertical clearances in deviation, USCG–2018–0452 is available District. the closed position of 20 feet and 40 at http://www.regulations.gov. Type the [FR Doc. 2018–10701 Filed 5–18–18; 8:45 am] feet, respectively, above mean high docket number in the ‘‘SEARCH’’ box BILLING CODE 9110–04–P water. and click ‘‘SEARCH.’’ Click on Open The current operating schedule is set Docket Folder on the line associated out in 33 CFR 117.821(a)(4) and 33 CFR with this deviation. 117.829(a), respectively. Under this VerDate Sep<11>2014 15:54 May 18, 2018 Jkt 244001 PO 00000 Frm 00013 Fmt 4700 Sfmt 4700 E:\FR\FM\21MYR1.SGM 21MYR1


Document Created: 2018-11-02 11:07:34
Document Modified: 2018-11-02 11:07:34
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 May 21, 2018.
ContactVaughn Ary, Director, Office of International Affairs, Criminal Division, U.S. Department of Justice, Washington, DC 20005; Telephone (202) 514-0000.
FR Citation83 FR 23360 
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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