[Federal Register Volume 66, Number 177 (Wednesday, September 12, 2001)]
[Rules and Regulations]
[Pages 47379-47380]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-22906]



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 Rules and Regulations
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  Federal Register / Vol. 66, No. 177 / Wednesday, September 12, 2001 / 
Rules and Regulations  

[[Page 47379]]



DEPARTMENT OF JUSTICE

8 CFR Part 3 and 28 CFR Part 0

[EOIR No. 129F; AG Order No. 2512-2001]
RIN 1125-AA34


Executive Office for Immigration Review; Board of Immigration 
Appeals; 23 Board Members

AGENCY: Executive Office for Immigration Review, Justice.

ACTION: Final rule.

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

SUMMARY: This final rule amends 8 CFR part 3 and 28 CFR part 0 by 
adding to the Board of Immigration Appeals (Board) two Board Member 
positions, thereby expanding the Board to 23 permanent members. The 
Board is being expanded in order to maintain an effective, efficient 
system of appellate adjudication in the face of the Board's increasing 
caseload.

EFFECTIVE DATE: This final rule is effective September 12, 2001.

FOR FURTHER INFORMATION CONTACT: Charles Adkins-Blanch, General 
Counsel, Executive Office for Immigration Review, Suite 2400, 5107 
Leesburg Pike, Falls Church, VA 22041; telephone (703) 305-0470.

SUPPLEMENTARY INFORMATION: This final rule expands the Board to 23 
permanent members by adding two Board Member positions. With this 
change, the Board will consist of a Chairman, two Vice Chairmen, and 
twenty other members. This change is necessary to maintain an 
effective, efficient system of appellate adjudication in light of the 
Board's increasing caseload. This rule amends 8 CFR part 3 and 28 CFR 
part 0 to reflect these changes in the Board's organization.
    Compliance with 5 U.S.C. 553 as to notice of proposed rulemaking is 
not required because this rule relates to agency organization, 
procedure, and practice, and a delayed effective date is unnecessary 
because it does not substantially affect the rights or obligations of 
non-agency parties. See 5 U.S.C. 553(b)(a), (d)(3).

Regulatory Flexibility Act

    The Attorney General, in accordance with 5 U.S.C. 605(b), 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.

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 
million 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.

Small Business Regulatory Enforcement Fairness Act of 1996

    This rule is not a major rule as defined by section 251 of the 
Small Business Regulatory Enforcement Fairness Act of 1996, 5 U.S.C. 
804. 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.

Executive Order 12866

    The Department of Justice has determined that this rule is not a 
``significant regulatory action'' under Executive Order 12866, section 
3(f). Accordingly, this rule has not been reviewed by the Office of 
Management and Budget.

Executive Order 13132

    This rule will not have substantial direct effects on the States, 
on the relationship between the national government and the States, or 
on the distribution of power and responsibilities among the various 
levels of government. Therefore, in accordance with section 6 of 
Executive Order 13132, the Department of Justice has determined that 
this rule does not have sufficient federalism implications to warrant 
the preparation of a federalism summary impact statement.

Executive Order 12988: Civil Justice Reform

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

Congressional Review Act

    This action pertains to agency organization, practice, and 
procedure and does not substantially affect the rights or obligations 
of non-agency parties and, accordingly, is not a ``rule'' as that term 
is used by the Congressional Review Act. (Subtitle E of the Small 
Business Regulatory Enforcement Act of 1996 (SBREFA). Therefore, the 
reporting requirement of 5 U.S.C. Sec. 801 does not apply.

Plain Language Instructions

    We try to write clearly. If you can suggest how to improve the 
clarity of these regulations, call or write Charles Adkins-Blanch, 
General Counsel, Executive Office for Immigration Review, Suite 2400, 
5107 Leesburg Pike, Falls Church, VA 22041; telephone (703) 305-0470.

List of Subjects

8 CFR Part 3

    Administrative practice and procedure, Immigration, Lawyers, 
Organizations and functions (Government agencies), Reporting and 
recordkeeping requirements.

28 CFR Part 0

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

    Accordingly, for the reasons set forth in the preamble, part 3 of 
chapter I of title 8 of the Code of Federal Regulations and part 0 of 
chapter I of title 28 of the Code of Federal Regulations are amended as 
follows:

PART 3--EXECUTIVE OFFICE FOR IMMIGRATION REVIEW

    1. The authority citation for 8 CFR part 3 continues to read as 
follows:

    Authority: 5 U.S.C. 301; 8 U.S.C. 1103; 1252 note, 1252b, 1324b, 
1362; 28 U.S.C. 509, 510, 1746; sec. 2, Reorg. Plan No. 2 of 1950, 3 
CFR, 1949-1953 Comp., p. 1002.

[[Page 47380]]

Subpart A--Board of Immigration Appeals


Sec. 3.1  [Amended]

    2. In Sec. 3.1, amend paragraph (a)(1) by revising the second 
sentence to read as follows:
    * * * The Board shall consist of a Chairman, two Vice Chairmen, and 
twenty other members. * * *
* * * * *

PART 0--ORGANIZATION OF THE DEPARTMENT OF JUSTICE

    3. The authority citation for 28 CFR part 0 continues to read as 
follows:

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

Subpart U--Executive Office for Immigration Review

    4. Amend Sec. 0.116 by revising the first sentence to read as 
follows:


Sec. 0.116  Board of Immigration Appeals.

    The Board of Immigration Appeals shall consist of a Chairman, two 
Vice Chairmen, and twenty other members. * * *
* * * * *

    Dated: September 6, 2001.
John Ashcroft,
Attorney General.
[FR Doc. 01-22906 Filed 9-11-01; 8:45 am]
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