[Federal Register Volume 73, Number 32 (Friday, February 15, 2008)]
[Rules and Regulations]
[Pages 8815-8816]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-2952]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF JUSTICE

Office of the Attorney General

28 CFR Part 0

[A.G. Order No. [2949-2008]]


Incentive Award Program Delegation

AGENCY: Department of Justice.

ACTION: Final rule.

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

SUMMARY: This rule amends part 0 of title 28 of the Code of Federal 
Regulations to increase from $5,000 to $7,500 the dollar limit up to 
which certain component heads of the Department of Justice may approve 
incentive awards. The rule also makes minor revisions to the 
regulations to reflect organizational changes and updated terminology, 
and to provide for consistency with existing personnel delegations.

DATES: This rule is effective February 15, 2008.

FOR FURTHER INFORMATION CONTACT: Jeanarta C. McEachron, Justice 
Management Division, U.S. Department of Justice, 1331 Pennsylvania 
Ave., NW., Suite 1110, Washington, DC 20530; Telephone: (202) 514-3663.

SUPPLEMENTARY INFORMATION: The Attorney General's authority under 
Department of Justice incentive award programs to approve honorary 
awards and cash awards up to a certain dollar amount has been delegated 
to the heads of certain Department components. Award amounts above the 
limit require Attorney General approval. The dollar limit of $5,000 was 
set more than 25 years ago. See 46 FR 52339-01, Oct. 27, 1981. The 
Department has decided to raise the dollar limit from $5,000 to $7,500 
to provide the heads of components with greater flexibility to reward 
outstanding employees. In addition, the revised regulations reflect 
organizational changes within the Department and provide for 
consistency with existing delegations of personnel authority. 
Specifically, the Commissioner of Immigration and Naturalization has 
been deleted from the list of officials with approval authority, the 
Director of the Office of Justice Assistance, Research and Statistics 
has been replaced by the Assistant Attorney General for the Office of 
Justice Programs, and the Director of the Executive Office for U.S. 
Trustees and the Director of the Executive Office for Immigration 
Review have been added. The delegation also makes clear that it applies 
to personnel in General Schedule grades GS-1 through GS-15, 
administratively determined pay systems, and wage board positions, but 
it excludes all Schedule C positions. Finally, the term ``Incentive 
Awards Plan'' has been changed to ``Incentive Award Program'' for 
consistency with Office of Personnel Management regulations and 
Department orders.

Administrative Procedure Act

    This rule is a rule of agency organization, procedure, and practice 
and is limited to matters of agency management and personnel. 
Therefore, this rule is 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

    The Attorney General, in accordance with the Regulatory Flexibility 
Act, 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. Further, a Regulatory Flexibility 
Analysis was not required to be prepared for this final rule since the 
Department was not required to publish a general notice of proposed 
rulemaking for this matter.

Executive Order 12866

    This rule 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 by Executive Order 12866, 
section 3(d)(3), and therefore is not a ``regulation'' or ``rule'' as 
defined by that Executive Order. Accordingly, this action has not been 
reviewed by the Office of Management and Budget.

Executive Order 12988

    This regulation meets the applicable standards set forth in 
sections 3(a) and 3(b)(2) of Executive Order 12988, Civil Justice 
Reform.

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 distribution of power and responsibilities among the various levels 
of government. Therefore, in accordance with Executive Order 13132, 
Federalism, the Department has determined that this rule does not have 
sufficient federalism implications to warrant the preparation of a 
federalism summary impact statement.

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, 2 U.S.C. 1501 et seq.

Congressional Review Act

    This action pertains to agency management, personnel and 
organization 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 Fairness Act of 1996 (SBREFA)). 
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), Government employees, 
Organization and functions (Government agencies), Whistleblowing.


0
Accordingly, for the reasons set forth in the preamble, part 0 of 
chapter I of 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. In section 0.11, revise paragraph (a) to read as follows:


Sec.  0.11  Incentive Awards Board.

* * * * *
    (a) Consider and make recommendations to the Attorney General 
concerning honorary awards and cash awards in excess of $7,500 to

[[Page 8816]]

be granted for suggestions, inventions, superior accomplishment, or 
other personal effort which contributes to the efficiency, economy, or 
other improvement of Government operations or achieves a significant 
reduction in paperwork.
* * * * *


0
3. Revise Sec.  0.143 to read as follows:


Sec.  0.143  Incentive Award Program.

    The Director of the Federal Bureau of Investigation, the Director 
of the Bureau of Prisons, the Commissioner of Federal Prison 
Industries, the Administrator of the Drug Enforcement Administration, 
the Director of the Bureau of Alcohol, Tobacco, Firearms, and 
Explosives, the Assistant Attorney General for the Office of Justice 
Programs, the Director of the Executive Office for U.S. Attorneys, the 
Director of the Executive Office for U.S. Trustees, the Director of the 
Executive Office for Immigration Review, and the Director of the U.S. 
Marshals Service, as to their respective jurisdictions, and the 
Assistant Attorney General for Administration, as to all other 
organizational units of the Department, are authorized to exercise the 
power and authority vested in the Attorney General by law with respect 
to the administration of the Incentive Award Program and to approve 
honorary awards and cash awards under such program not in excess of 
$7,500 for personnel in General Schedule grades GS-1 through GS-15, 
administratively determined pay systems, and wage board positions, but 
excluding all Schedule C positions.

    Dated: February 8, 2008.
Michael B. Mukasey,
Attorney General.
[FR Doc. E8-2952 Filed 2-14-08; 8:45 am]
BILLING CODE 4410-19-P