[Federal Register Volume 83, Number 165 (Friday, August 24, 2018)]
[Rules and Regulations]
[Pages 42774-42776]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-17949]


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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.

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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