83 FR 42774 - Redelegation Concerning International Prisoner Transfer Program
DEPARTMENT OF JUSTICE Federal Register Volume 83, Issue 165 (August 24, 2018)
Federal Register Volume 83, Issue 165 (August 24, 2018)
| Page Range | 42774-42776 | |
| FR Document | 2018-17949 |
[Federal Register Volume 83, Number 165 (Friday, August 24, 2018)] [Rules and Regulations] [Pages 42774-42776] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-17949] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF JUSTICE 28 CFR Part 0 [Directive No. 73A] Redelegation Concerning International Prisoner Transfer Program AGENCY: Office of the Assistant Attorney General, Criminal Division, Department of Justice. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: Current Department of Justice regulations delegate to the Assistant Attorney General for the Criminal Division certain authorities of the Attorney General concerning transfer of offenders to or from foreign countries, including the authority to find [[Page 42775]] appropriate or inappropriate the transfer of offenders to or from a foreign country under certain treaties. This final rule the Department of Justice's regulations to reflect that the Assistant Attorney General for the Criminal Division re-delegates this authority within the Criminal Division to the Deputy Assistant Attorneys General and to the Director, the Deputy Directors, and the Associate Director supervising the International Prisoner Transfer Unit of the Office of International Affairs. This rule reflects certain organizational changes that have been made within the Criminal Division with respect to which office is charged with the responsibility for handling prisoner transfers. DATES: This rule is effective September 2, 2018, and is applicable beginning August 15, 2018. FOR FURTHER INFORMATION CONTACT: Vaughn Ary, Director, Office of International Affairs, Criminal Division, Department of Justice, Washington, DC 20005; 202-514-0000. SUPPLEMENTARY INFORMATION: This replacement of Directive 73 of the appendix to subpart K of part 0 is necessary due to the Criminal Division's decision to move the International Prisoner Transfer Unit from the Office of Enforcement Operations to the Office of International Affairs and to expand the number of officials authorized to find appropriate or inappropriate the transfer of offenders to or from a foreign country. Under current regulations, the Assistant Attorney General for the Criminal Division has re-delegated this authority to the Deputy Assistant Attorneys General and to the Director of the Office of International Affairs. This final rule extends the re- delegation of this authority to the Deputy Assistant Attorneys General in the Criminal Division and to the Director, the Deputy Directors, and the Associate Director supervising the International Prisoner Transfer Unit of the Office of International Affairs. 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), (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. 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), The 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), Crime, Government employees, Law enforcement, Organization and functions (Government agencies), Prisoners. For the reasons stated in the preamble, title 28, part 0, 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, 515-19. 0 2. Amend the appendix to subpart K by removing Directive No. 73 and adding in its place Directive No. 73A to reads as follows: Appendix to Subpart K of Part 0 * * * * * [Directive No. 73A] REDELEGATION OF AUTHORITY RESPECTING TRANSFER OF OFFENDERS TO AND FROM FOREIGN COUNTRIES TO THE DEPUTY ASSISTANT ATTORNEYS GENERAL AND THE DIRECTOR, DEPUTY DIRECTORS, AND ASSOCIATE DIRECTOR SUPERVISING THE INTERNATIONAL PRISONER TRANSFER UNIT OF THE OFFICE OF INTERNATIONAL AFFAIRS By virtue of the authority vested in me by title 28, Sec. 0.64- 2, 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 Section 4102 of title 18, U.S. Code, which has not been delegated to the Director of the Bureau of Prisons, including specifically the authority to find the transfer of offenders to or from a foreign country under a treaty as referred to in Public Law 95-44 appropriate or inappropriate, is hereby re- delegated to the Deputy Assistant Attorneys General for the Criminal Division and to the Director, Deputy Directors, and the Associate Director supervising the International Prisoner Transfer Unit of the Office of International Affairs. * * * * * Dated: August 15, 2018. Brian A. Benczkowski, Assistant Attorney General, Criminal Division. Note: The following appendix will not appear in the Code of Federal Regulations. Directive No. 73A REDELEGATION OF AUTHORITY RESPECTING TRANSFER OF OFFENDERS TO AND FROM FOREIGN COUNTRIES TO THE DEPUTY ASSISTANT ATTORNEYS GENERAL AND THE DIRECTOR, DEPUTY DIRECTORS, AND ASSOCIATE DIRECTOR SUPERVISING THE INTERNATIONAL PRISONER TRANSFER UNIT OF THE OFFICE OF INTERNATIONAL AFFAIRS By virtue of the authority vested in me by Title 28, Part 0.64- 2, of the Code of Federal Regulations, the authority delegated to me by [[Page 42776]] that section to exercise all of the power and authority vested in the Attorney General under Section 4102 of title 18, U.S. Code, which has not been delegated to the Director of the Bureau of Prisons, including specifically the authority to find the transfer of offenders to or from a foreign country under a treaty as referred to in Public Law 95-44 appropriate or inappropriate, is hereby re- delegated to the Deputy Assistant Attorneys General for the Criminal Division and to the Director, Deputy Directors, and the Associate Director supervising the International Prisoner Transfer Unit of the Office of International Affairs. Dated: August 15, 2018. Brian A. Benczkowski, Assistant Attorney General, Criminal Division. [FR Doc. 2018-17949 Filed 8-23-18; 8:45 am] BILLING CODE 4410-14-P
![Federal Register / Vol. 83, No. 165 / Friday, August 24, 2018 / Rules and Regulations 42775
appropriate or inappropriate the transfer proposed rulemaking for this matter. 5 Organization and functions
of offenders to or from a foreign country U.S.C. 604(a). (Government agencies), Prisoners.
under certain treaties. This final rule the For the reasons stated in the
Executive Order 12866—Regulatory
Department of Justice’s regulations to preamble, title 28, part 0, of the Code of
Planning and Review
reflect that the Assistant Attorney Federal Regulations is amended as
General for the Criminal Division re- This action has been drafted and follows:
delegates this authority within the reviewed in accordance with Executive
Criminal Division to the Deputy Order 12866, Regulatory Planning and PART 0—ORGANIZATION OF THE
Assistant Attorneys General and to the Review, section 1(b), The Principles of DEPARTMENT OF JUSTICE
Director, the Deputy Directors, and the Regulation. This rule is limited to
Associate Director supervising the agency organization, management, and ■ 1. The authority citation for part 0
International Prisoner Transfer Unit of personnel as described in section 3(d)(3) continues to read as follows:
the Office of International Affairs. This of Executive Order 12866 and, therefore, Authority: 5 U.S.C. 301; 28 U.S.C. 509,
rule reflects certain organizational is not a ‘‘regulation’’ or ‘‘rule’’ as 510, 515–19.
changes that have been made within the defined by the order. Accordingly, this ■ 2. Amend the appendix to subpart K
Criminal Division with respect to which action has not been reviewed by the by removing Directive No. 73 and
office is charged with the responsibility Office of Management and Budget. adding in its place Directive No. 73A to
for handling prisoner transfers. reads as follows:
Executive Order 13132—Federalism
DATES: This rule is effective September Appendix to Subpart K of Part 0
2, 2018, and is applicable beginning This rule will not have substantial
August 15, 2018. direct effects on the States, on the * * * * *
relationship between the national [Directive No. 73A]
FOR FURTHER INFORMATION CONTACT: government and the States, or on
Vaughn Ary, Director, Office of REDELEGATION OF AUTHORITY
distribution of power and RESPECTING TRANSFER OF OFFENDERS
International Affairs, Criminal Division, responsibilities among the various
Department of Justice, Washington, DC TO AND FROM FOREIGN COUNTRIES TO
levels of government. Therefore, in THE DEPUTY ASSISTANT ATTORNEYS
20005; 202–514–0000. accordance with Executive Order 13132, GENERAL AND THE DIRECTOR, DEPUTY
SUPPLEMENTARY INFORMATION: This it is determined that this rule does not DIRECTORS, AND ASSOCIATE DIRECTOR
replacement of Directive 73 of the have sufficient federalism implications SUPERVISING THE INTERNATIONAL
appendix to subpart K of part 0 is to warrant the preparation of a PRISONER TRANSFER UNIT OF THE
necessary due to the Criminal Division’s Federalism Assessment. OFFICE OF INTERNATIONAL AFFAIRS
decision to move the International By virtue of the authority vested in me by
Executive Order 12988—Civil Justice title 28, § 0.64–2, of the Code of Federal
Prisoner Transfer Unit from the Office of
Reform Regulations, the authority delegated to me by
Enforcement Operations to the Office of
that section to exercise all of the power and
International Affairs and to expand the This rule was drafted in accordance authority vested in the Attorney General
number of officials authorized to find with the applicable standards set forth under Section 4102 of title 18, U.S. Code,
appropriate or inappropriate the transfer in sections 3(a) and 3(b)(2) of Executive which has not been delegated to the Director
of offenders to or from a foreign country. Order 12988. of the Bureau of Prisons, including
Under current regulations, the Assistant specifically the authority to find the transfer
Unfunded Mandates Reform Act of of offenders to or from a foreign country
Attorney General for the Criminal
1995 under a treaty as referred to in Public Law
Division has re-delegated this authority
to the Deputy Assistant Attorneys This rule will not result in the 95–44 appropriate or inappropriate, is hereby
re-delegated to the Deputy Assistant
General and to the Director of the Office expenditure by State, local and tribal Attorneys General for the Criminal Division
of International Affairs. This final rule governments, in the aggregate, or by the and to the Director, Deputy Directors, and the
extends the re-delegation of this private sector of $100,000,000 or more Associate Director supervising the
authority to the Deputy Assistant in any one year, and it will not International Prisoner Transfer Unit of the
Attorneys General in the Criminal significantly or uniquely affect small Office of International Affairs.
Division and to the Director, the Deputy governments. Therefore, no actions were * * * * *
Directors, and the Associate Director deemed necessary under the provisions
Dated: August 15, 2018.
supervising the International Prisoner of the Unfunded Mandates Reform Act
Transfer Unit of the Office of Brian A. Benczkowski,
of 1995.
International Affairs. Assistant Attorney General, Criminal
Congressional Review Act Division.
Administrative Procedure Act—5
U.S.C. 553 This action pertains to agency Note: The following appendix will not
management, personnel, and appear in the Code of Federal Regulations.
This rule is a rule of agency organizations and does not substantially
Directive No. 73A
organization and relates to a matter affect the rights or obligations of non-
relating to agency management and is agency parties and, accordingly, is not REDELEGATION OF AUTHORITY
therefore exempt from the requirements a ‘‘rule’’ as that term is used by the RESPECTING TRANSFER OF OFFENDERS
of prior notice and comment and a 30- Congressional Review Act, 5 U.S.C. TO AND FROM FOREIGN COUNTRIES TO
THE DEPUTY ASSISTANT ATTORNEYS
day delay in the effective date. See 5 804(3)(B). Therefore, the reporting
GENERAL AND THE DIRECTOR, DEPUTY
sradovich on DSK3GMQ082PROD with RULES
U.S.C. 553(a)(2), (b)(3)(A). requirement of 5 U.S.C. 801 does not DIRECTORS, AND ASSOCIATE DIRECTOR
apply. SUPERVISING THE INTERNATIONAL
Regulatory Flexibility Act
List of Subjects in 28 CFR Part 0 PRISONER TRANSFER UNIT OF THE
A Regulatory Flexibility Analysis is OFFICE OF INTERNATIONAL AFFAIRS
not required to be prepared for this final Authority delegations (Government By virtue of the authority vested in me by
rule because the Department was not agencies), Crime, Government Title 28, Part 0.64–2, of the Code of Federal
required to publish a general notice of employees, Law enforcement, Regulations, the authority delegated to me by
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![42776 Federal Register / Vol. 83, No. 165 / Friday, August 24, 2018 / Rules and Regulations
that section to exercise all of the power and Safety Unit Baton Rouge, U.S. Coast IV. Discussion of the Rule
authority vested in the Attorney General Guard; telephone 225–298–5400, ext.
under Section 4102 of title 18, U.S. Code, This rule establishes a temporary
230, email Justin.P.Maio@uscg.mil. safety zone from 7:30 a.m. through noon
which has not been delegated to the Director
of the Bureau of Prisons, including SUPPLEMENTARY INFORMATION: on September 1, 2018. The safety zone
specifically the authority to find the transfer I. Table of Abbreviations will cover all navigable waters of the
of offenders to or from a foreign country Lower Mississippi River from MM 230.4
under a treaty as referred to in Public Law CFR Code of Federal Regulations to MM 215, above Head of Passes. The
95–44 appropriate or inappropriate, is hereby COTP Captain of the Port Sector New duration of the zone is intended to
re-delegated to the Deputy Assistant Orleans
DHS Department of Homeland Security
ensure the safety of persons, vessels,
Attorneys General for the Criminal Division
and to the Director, Deputy Directors, and the FR Federal Register and the marine environment on these
Associate Director supervising the NPRM Notice of proposed rulemaking navigable waters before, during, and
International Prisoner Transfer Unit of the § Section after the scheduled paddle board race.
Office of International Affairs. U.S.C. United States Code No vessel or person will be permitted
Dated: August 15, 2018. to enter the safety zone without
II. Background Information and
Brian A. Benczkowski, obtaining permission from the COTP or
Regulatory History
Assistant Attorney General, Criminal
a designated representative. A
Division. The Coast Guard is issuing this designated representative is a
temporary rule without prior notice and commissioned, warrant, or petty officer
[FR Doc. 2018–17949 Filed 8–23–18; 8:45 am]
opportunity to comment pursuant to of the U.S. Coast Guard assigned to
BILLING CODE 4410–14–P authority under section 4(a) of the units under the operational control of
Administrative Procedure Act (APA) (5 USCG Sector New Orleans. A
U.S.C. 553(b)). This provision designated representative may be a
DEPARTMENT OF HOMELAND authorizes an agency to issue a rule Patrol Commander (PATCOM). The
SECURITY without prior notice and opportunity to PATCOM may be aboard either a Coast
comment when the agency for good Guard or Coast Guard Auxiliary vessel.
Coast Guard cause finds that those procedures are The PATCOM may be contacted on
‘‘impracticable, unnecessary, or contrary Channel 16 VHF–FM (156.8 MHz) by
33 CFR Part 165 to the public interest.’’ Under 5 U.S.C. the call sign ‘‘PATCOM’’. Vessels
[Docket Number USCG–2018–0744] 553(b)(3)(B), the Coast Guard finds that requiring entry into this safety zone
good cause exists for not publishing a must request permission from the COTP
RIN 1625–AA00
notice of proposed rulemaking (NPRM) or a designated representative. They
Safety Zone; Lower Mississippi River, with respect to this rule because it is may be contacted on VHF–FM Channel
Mile Markers 230.4 to 215, Baton impracticable. We must establish this 16 or 67, or through USCG Marine
Rouge, LA safety zone by September 1, 2018, and Safety Unit Baton Rouge at 225–281–
lack sufficient time to provide a 4789. All persons and vessels permitted
AGENCY: Coast Guard, DHS. reasonable comment period and then to enter this safety zone must transit at
ACTION: Temporary final rule. consider those comments before issuing the slowest safe speed and comply with
this rule. The NPRM process would all lawful directions issued by the COTP
SUMMARY: The Coast Guard is delay the establishment of the safety or the designated representative. The
establishing a temporary safety zone for zone until after the date of the paddle COTP or a designated representative
all navigable waters of the Lower board race and compromise public will inform the public of the
Mississippi River from mile marker safety. enforcement times and date for this
(MM) 230.4 to MM 215, above Head of Under 5 U.S.C. 553(d)(3), the Coast safety zone through Broadcast Notices to
Passes. This safety zone is necessary to Guard finds that good cause exists for Mariners (BNMs), Local Notices to
protect persons, vessels, and the marine making this rule effective less than 30 Mariners (LNMs), and/or Marine Safety
environment from potential safety days after publication in the Federal Information Bulletins (MSIBs), as
hazards associated with the Big River Register. Delaying this rule would be appropriate.
Regional 2018 Paddle Board Race. Entry contrary to the public interest of
of persons or vessels into this safety ensuring the safety of spectators and V. Regulatory Analyses
zone is prohibited unless specifically vessels during the event because We developed this rule after
authorized by the Captain of the Port immediate action is necessary to considering numerous statutes and
Sector New Orleans or a designated respond to the potential safety hazards Executive orders related to rulemaking.
representative. associated with the paddle board race. Below we summarize our analyses
DATES: This rule is effective from 7:30 based on a number of these statutes and
III. Legal Authority and Need for Rule
a.m. through noon on September 1, Executive orders, and we discuss First
2018. The Coast Guard is issuing this rule Amendment rights of protestors.
under authority in 33 U.S.C. 1231. The
ADDRESSES: To view documents Captain of the Port Sector New Orleans A. Regulatory Planning and Review
mentioned in this preamble as being (COTP) has determined that potential Executive Orders 13563 (‘‘Improving
available in the docket, go to http:// hazards associated with the paddle Regulation and Regulatory Review’’)
www.regulations.gov, type USCG–2018– board race occurring over a fifteen and and 12866 (‘‘Regulatory Planning and
sradovich on DSK3GMQ082PROD with RULES
0744 in the ‘‘SEARCH’’ box and click half mile stretch of the Lower Review’’) direct agencies to assess the
‘‘SEARCH.’’ Click on Open Docket Mississippi River will be a safety costs and benefits of available regulatory
Folder on the line associated with this concern. The purpose of this rule is to alternatives and, if regulation is
rule. ensure the safety of life and vessels on necessary, to select regulatory
FOR FURTHER INFORMATION CONTACT: If the navigable waters in the safety zone approaches that maximize net benefits
you have questions on this rule, call or before, during, and after the scheduled (including potential economic,
email Lieutenant Justin Maio, Marine event. environmental, public health and safety
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Document Created: 2018-08-24 04:14:24
Document Modified: 2018-08-24 04:14:24
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This rule is effective September 2, 2018, and is applicable beginning August 15, 2018. | |
| Contact | Vaughn Ary, Director, Office of International Affairs, Criminal Division, Department of Justice, Washington, DC 20005; 202-514-0000. | |
| FR Citation | 83 FR 42774 | |
| CFR Associated | Authority Delegations (government Agencies); Crime; Government Employees; Law Enforcement; Organization and Functions (government Agencies) and Prisoners |
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