[Federal Register Volume 63, Number 80 (Monday, April 27, 1998)]
[Rules and Regulations]
[Pages 20533-20534]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-10832]


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DEPARTMENT OF JUSTICE

Office of the Attorney General

28 CFR Part 0

[Order No. 2147-98]


Delegation of Power of the Attorney General Respecting Transfer 
of Offenders To or From Foreign Countries

AGENCY: Department of Justice.

ACTION: Final rule.

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SUMMARY: Section 0.64-2 of Title 28, Code of Federal Regulations, 
delegates to the Assistant Attorney General in charge of the Criminal 
Division all of the powers conferred on the Attorney General under 18 
U.S.C. 4102 that have not been delegated to the Director of the Bureau 
of Prisons, including the authority to find appropriate or 
inappropriate the transfer of offenders to or from a foreign country 
under a treaty as referred to in Pub. L. 95-144. The section also 
authorizes the Assistant Attorney General in charge of the Criminal 
Division to redelegate this authority to the Deputy Assistant Attorneys 
General of the Criminal Division, the Senior Associate Director of the 
Office of Enforcement Operations in the Criminal Division, and, in the 
Senior Associate Director's absence, to the Director of the Office of 
Enforcement Operations. This final rule amends 28 CFR 0.64-2 by 
authorizing the Assistant Attorney General in charge of the Criminal 
Division to additionally redelegate this authority to the Director of 
the Office of Enforcement Operations and the Associate Directors of the 
Office of Enforcement Operations, and eliminating the requirement that 
the Senior Associate Director of the Office of Enforcement Operations 
be absent for this further redelegation to be effective. This rule is 
intended to provide greater flexibility within the Office of 
Enforcement Operations with respect to the management of the prisoner 
transfer program, reflecting an increase in both the number and 
complexity of our treaty relationships, and the related workload 
handled by the Office of Enforcement Operations.

EFFECTIVE DATE: April 15, 1998.

FOR FURTHER INFORMATION CONTACT:
Frederick D. Hess, Director, Office of Enforcement Operations, Criminal 
Division, Department of Justice, Washington, DC 20530; 202-514-6809.

SUPPLEMENTARY INFORMATION: The Assistant Attorney General currently is 
authorized under 28 CFR 0.65-02 to redelegate his authority to find 
appropriate or inappropriate the transfer of offenders to or from a 
foreign country under certain treaties to his Deputy Assistant 
Attorneys General, the Senior Associate Director, Office of Enforcement 
Operations, and, in the absence of the Senior Associate Director, the 
Director of the Office of Enforcement Operations. This final rule 
permits redelegation of this authority to the Director and Associate 
Directors of the Office of Enforcement Operations, regardless of 
whether the Senior Associate Director is absent.
    This rule is a matter of internal Department management.
    It has been drafted and reviewed in accordance with section 1(b) of 
Executive Order 12866. It has been determined that this rule is not a 
``significant regulatory action'' under section 3(f) of Executive Order 
12866 and, accordingly, this rule has not been reviewed by the Office 
of Management and Budget, and no regulatory impact analysis has been 
prepared.
    In accordance with the Regulatory Flexibility Act (5 U.S.C. 601-
612; specifically at section 605(b)), the Attorney General has reviewed 
this rule and, by approving it, certifies that it will not have a 
significant economic impact on a substantial number of small entities.
    This rule will not have a substantial direct impact upon the 
states, on the relationship between the national government and the 
states, or on the distribution of power and responsibilities among the 
various

[[Page 20534]]

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

List of Subjects in 28 CFR Part 0

    Authority delegations (Government agencies), Government employees, 
Organization and functions (Government agencies), Prisoners, 
Whistleblowing.

    For the reasons stated in the preamble, Title 28, Part 0, Subpart K 
of the Code of Federal Regulations is amended as follows:

PART 0--[AMENDED]

    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.

    2. Section 0.64-2 is amended as follows:
    a. The phrase ``Public Law 95-44'' is removed and the phrase 
``Public Law 95-144'' is inserted in its place;
    b. The final sentence is revised to read as follows:


Sec. 0.64-2  Delegation respecting transfer of offenders to or from 
foreign countries.

    * * * The Assistant Attorney General in charge of the Criminal 
Division is authorized to redelegate this authority to his Deputy 
Assistant Attorneys General, the Director of the Office of Enforcement 
Operations, and the Senior Associate Director and Associate Directors 
of the Office of Enforcement Operations.

    Dated: April 15, 1998.
Janet Reno,
Attorney General.
[FR Doc. 98-10832 Filed 4-24-98; 8:45 am]
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