[Federal Register Volume 82, Number 20 (Wednesday, February 1, 2017)]
[Rules and Regulations]
[Pages 8894-8895]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-02139]


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DEPARTMENT OF JUSTICE

28 CFR Part 31

[Docket No.: OJP (OJJDP) 1719E]
RIN 1121-AA83


Juvenile Justice and Delinquency Prevention Act Formula Grant 
Program

AGENCY: Office of Justice Programs, Department of Justice.

ACTION: Final rule; delay of effective date.

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SUMMARY: On January 17, 2017, the Office of Juvenile Justice and 
Delinquency Prevention (``OJJDP'') of the U.S. Department of Justice's 
Office of Justice Programs (``OJP''), published a partial final rule to 
amend portions of the formula grant program (``Formula Grant Program'') 
regulation to reflect changes in OJJDP policy. That rule is scheduled 
to become effective February 16, 2017.
    In accordance with the memorandum of January 20, 2017, from the 
Assistant to the President and Chief of Staff, entitled ``Regulatory 
Freeze Pending Review,'' this action hereby temporarily delays the 
effective date of the final rule entitled ``Juvenile Justice and 
Delinquency Prevention Act Formula Grant Program'' until March 21, 2017 
(which is 60 days from January 20, 2017). This temporary delay will 
allow Department of Justice officials an opportunity to review any 
potential questions of fact, law and policy raised by this regulation, 
consistent with the Chief of Staff's memorandum of January 20, 2017.

DATES: This rule is effective February 1, 2017. The effective date of 
the final rule amending 28 CFR part 31 published in the Federal 
Register on January 17, 2017, at 82 FR 4783, is delayed to March 21, 
2017.

FOR FURTHER INFORMATION CONTACT: Mr. Gregory Thompson, Senior Advisor, 
Office of Juvenile Justice and Delinquency Prevention, at 202-307-5911.

SUPPLEMENTARY INFORMATION: The OJJDP Formula Grant Program is 
authorized by the Juvenile Justice and Delinquency Prevention Act 
(``JJDPA''). The JJDPA authorizes OJJDP to provide an annual grant to 
each State to improve its juvenile justice system and to support

[[Page 8895]]

juvenile delinquency prevention programs. OJJDP published a notice of 
proposed rulemaking on August 8, 2016, 81 FR 52377, that proposed to 
revise the entirety of the Formula Grant Program regulations.
    On January 17, 2017, OJJDP published a partial final rule to amend 
portions of the formula grant program regulation to reflect changes in 
OJJDP policy. For several provisions, OJJDP addressed the public 
comments received and amended the current Formula Grant Program 
regulations through the partial final rule. The partial final rule is 
scheduled to become effective February 16, 2017. For other provisions 
included in the proposed rule, OJJDP received many comments that 
require additional time for OJJDP to consider. OJJDP anticipates 
publishing a separate final rule in the future addressing the remainder 
of the provisions contained in the August 8, 2016 proposed rule.
    This final rule merely extends for 33 days the effective date of 
the previously published partial final rule. There is no change to the 
substance of the partial final rule. Also, OJJDP has determined that 
the brief delay in the effective date would not delay OJJDP's 
administration of the Formula Grant Program and would have no effect on 
the amount, the timing, or the distribution of FY2017 formula grant 
allocations made under the standards of the previously published 
partial final rule. Accordingly, because there is no substantive 
impact, the Acting Assistant Attorney General finds that allowing a 
prior opportunity for notice and public comment is unnecessary and 
that, therefore, good cause exists to exempt this rule from notice-and-
comment requirements pursuant to 5 U.S.C. 553(b)(B). Furthermore, in 
light of the lack of practical impact, this rule is being made 
effective upon publication in the Federal Register because it is not a 
substantive rule and, in any event, there is good cause to find, 
pursuant to 5 U.S.C. 553(d)(3), that a 30-day delayed effective date 
would be impracticable and unnecessary in these circumstances.
    In accordance with the memorandum of January 20, 2017, from the 
Assistant to the President and Chief of Staff, entitled ``Regulatory 
Freeze Pending Review'', this action delays until March 21, 2017, the 
effective date of the final rule entitled ``Juvenile Justice and 
Delinquency Prevention Act Formula Grant Program'' published in the 
Federal Register on January 17, 2017 at 82 FR 4783. The temporary delay 
in effective date will allow Department of Justice officials an 
opportunity to review any potential questions of fact, law and policy 
raised by this regulation, consistent with the Chief of Staff's 
memorandum of January 20, 2017.

Regulatory Certifications

    Preparation of a Regulatory Flexibility Analysis is not required 
for this final rule because the agency was not required to publish a 
general notice of proposed rulemaking. This action is not a significant 
rulemaking pursuant to Executive Order 12866 and, accordingly, has not 
been reviewed by the Office of Management and Budget.
    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'' it is determined that this rule does not have sufficient 
federalism implications to warrant the preparation of a Federalism 
Assessment.
    This action pertains to agency management 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)(C). Therefore, the reporting 
requirement of 5 U.S.C. 801 does not apply.

    Dated: January 27, 2017.
Maureen A. Henneberg,
Acting Assistant Attorney General, Office of Justice Programs.
[FR Doc. 2017-02139 Filed 1-31-17; 8:45 am]
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