Powers and Authority of Officers and Employees, 67087-67090 [05-21980]
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Federal Register / Vol. 70, No. 213 / Friday, November 4, 2005 / Rules and Regulations
marketing and promotion programs.
Prior to arriving at this budget, the
committee considered alternative
expenditure levels and alternative
assessment levels. The committee
agreed that the increased assessment
rate was appropriate to cover expenses
and build up its operating reserve to a
satisfactory level ($14,303). The
assessment rate of $0.95 per
hundredweight of assessable dates was
then determined by applying the
following formula where:
A = 2004–05 reserve on 10/1/05
($1,000).
B = 2005–06 reserve on 9/30/06
($14,303).
C = 2005–06 expenses ($169,197).
D = Cull Surplus Fund ($2,000).
E = 2005–06 expected shipments
(190,000 hundredweight).
(B ¥ A + C ¥ D) ÷ E = $0.95 per
hundredweight.
Estimated shipments should provide
$180,500 in assessment income. Income
derived from handler assessments and
$2,000 from the cull surplus fund would
be adequate to cover budgeted expenses.
Funds in the administrative reserve are
expected to total about $14,303 by
September 30, 2006, and therefore
would be less than the maximum
permitted by the order (not to exceed 50
percent of the average of expenses
incurred during the most recent five
preceding crop years as required under
§ 987.72(c)).
A review of historical information and
preliminary information pertaining to
the upcoming crop year indicates that
the grower price for the 2005–06 season
could range between $45 and $50 per
hundredweight of dates. Therefore, the
estimated assessment revenue for the
2005–06 crop year as a percentage of
total grower revenue is approximately 2
percent.
This action increases the assessment
obligation imposed on handlers under
the Federal marketing order. While
assessments impose some additional
costs on handlers, the costs are minimal
and uniform on all handlers. Some of
the additional costs may be passed on
to producers. However, these costs will
be offset by the benefits derived by the
operation of the marketing order. In
addition, the committee’s meeting was
widely publicized throughout the
California date industry and all
interested persons were invited to
attend the meeting and participate in
committee deliberations on all issues.
Like all committee meetings, the June
16, 2005, meeting was a public meeting
and all entities were able to express
views on this issue.
This rule imposes no additional
reporting or recordkeeping requirements
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on either small or large California date
handlers. As with all Federal marketing
order programs, reports and forms are
periodically reviewed to reduce
information requirements and
duplication by industry and public
sector agencies.
USDA has not identified any relevant
Federal rules that duplicate, overlap, or
conflict with this rule.
A proposed rule concerning this
action was published in the Federal
Register on September 12, 2005 (70 FR
53737). Copies of the rule were mailed
or sent via facsimile to all date handlers.
Finally, the rule was made available
through the Internet by USDA and the
Office of the Federal Register. A 30-day
comment period ending October 12,
2005, was provided to allow interested
persons to respond to the proposal. No
comments were received.
A small business guide on complying
with fruit, vegetable, and specialty crop
marketing agreements and orders may
be viewed at: https://www.ams.usda.gov/
fv/moab.html. Any questions about the
compliance guide should be sent to Jay
Guerber at the previously mentioned
address in the FOR FURTHER INFORMATION
CONTACT section.
After consideration of all relevant
material presented, including the
information and recommendation
submitted by the committee and other
available information, it is hereby found
that this rule, as hereinafter set forth,
will tend to effectuate the declared
policy of the Act.
Pursuant to 5 U.S.C. 553, it also found
and determined that good cause exists
for not postponing the effective date of
this rule until 30 days after publication
in the Federal Register because: (1) The
2005–06 crop year began on October 1,
2005, and the marketing order requires
that the rate of assessment for each crop
year apply to all assessable dates
handled during such crop year; (2) the
committee needs to have sufficient
funds to pay its expenses which are
incurred on a continuous basis; and (3)
handlers are aware of this action which
was unanimously recommended by the
committee at a public meeting and is
similar to other assessment rate actions
issued in past years. Also, a 30-day
comment period was provided for in the
proposed rule, and no comments were
received.
List of Subjects in 7 CFR Part 987
Dates, Marketing agreements,
Reporting and recordkeeping
requirements.
For the reasons set forth in the
preamble, 7 CFR part 987 is amended as
follows:
I
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67087
PART 987—DOMESTIC DATES
PRODUCED OR PACKED IN
RIVERSIDE COUNTY, CALIFORNIA
1. The authority citation for 7 CFR
part 987 continues to read as follows:
I
Authority: 7 U.S.C. 601–674.
2. Section 987.339 is revised to read
as follows:
I
§ 987.339
Assessment rate.
On and after October 1, 2005, an
assessment rate of $0.95 per
hundredweight is established for
California dates.
Dated: October 31, 2005.
Lloyd C. Day,
Administrator, Agricultural Marketing
Service.
[FR Doc. 05–22046 Filed 11–3–05; 8:45 am]
BILLING CODE 3410–02–P
DEPARTMENT OF HOMELAND
SECURITY
8 CFR Parts 236, 239, 241 and 287
[ICE No. 2298–03]
RIN 1653–AA27
Powers and Authority of Officers and
Employees
Department of Homeland
Security.
ACTION: Final rule.
AGENCY:
SUMMARY: This rule continues the
process of conforming the text of the
Code of Federal Regulations to the
governmental structures established in
the Homeland Security Act and
Reorganization Plan. This rule is not
intended to and does not restrict or
otherwise limit the authority of any
Department of Homeland Security
officer.
This final rule is effective
November 4, 2005.
DATES:
Jack
Penca, Chief Counsel, Law Enforcement
Support Center; 188 Harvest Lane,
Williston,Vermont 05495; telephone
number: (802) 872–6056.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
Background
On November 25, 2002, the President
signed into law the Homeland Security
Act of 2002 (Pub. L. 107–296, 116 Stat.
2135) (HSA), 6 U.S.C. 101 et seq., which
created the new Department of
Homeland Security (Department or
DHS). Pursuant to the provisions of the
HSA, DHS came into existence on
January 24, 2003. The functions of the
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67088
Federal Register / Vol. 70, No. 213 / Friday, November 4, 2005 / Rules and Regulations
Immigration and Naturalization Service
(Service) and all authorities with respect
to those functions, transferred to DHS
on March 1, 2003, and the Service was
abolished on that date, pursuant to the
HSA and the Department of Homeland
Security Reorganization Plan, as
modified (Reorganization Plan). The
transition and savings provisions of the
HSA, including sections 1512(d) and
1517 of the HSA, 6 U.S.C. 552(d), 557,
provide that references relating to the
Service in statutes, regulations,
directives or delegations of authority
shall be deemed to refer to the
appropriate official or component of
DHS.
This rule amends various lists of DHS
officials authorized to perform certain
immigration enforcement functions,
including making administrative arrests
for immigration violations, making
custody determinations, issuing Notices
to Appear (which set forth the charges
against an alien and order the alien to
appear before an immigration judge),
and issuing Warrants of Removal (which
authorize the removal of an alien from
the United States after the issuance of a
final administrative order). While this
rule constitutes a delegation of
authority, and constitutes a public
statement thereof, it is not the only
means by which such authority may be
delegated by the Secretary pursuant to
8 CFR 2.1. The Secretary retains the
authority to further delegate
immigration authorities and functions
through internal directives, memoranda,
or other means. See Id. This rule does
not alter any other delegation of
authority by the Secretary that is not
addressed in the rule. The rule does not
affect any rights of aliens or the general
public. See 8 CFR 287.12.
Explanation of Changes
This final rule:
(1) Amends 8 CFR 236.1 to set forth
a list of officers authorized to issue and
serve Form I–286, Notice of Custody
Determination.
(2) Amends 8 CFR 239.1 to revise the
list of officers authorized to issue a
Notice to Appear, which sets forth the
immigration charges against the alien.
(3) Amends 8 CFR 241.2 to revise the
list of officers authorized to issue
Warrants of Removal, which
authorizes the removal of an alien from
the United States after a final
administrative order is entered.
(4) Amends 8 CFR 287.5(e)(2) to
revise the list of officers authorized to
issue an administrative Warrant of
Arrest for immigration violations.
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Administrative Procedure Act
List of Subjects
This rule relates to agency
organization and management and is
exempt from the notice of proposed
rulemaking and delayed effective date
requirements of the Administrative
Procedure Act, 5 U.S.C. 553(a).
8 CFR Part 236
Executive Order 12866
This rule is limited to agency
organization and management and
therefore is not a rule as defined by
Executive Order 12866. Accordingly, a
regulatory impact analysis is not
required.
Administrative practice and
procedure, Aliens, Immigration,
Reporting and recordkeeping
requirements.
8 CFR Part 239
Administrative practice and
procedure, Aliens, Immigration,
Reporting and recordkeeping
requirements.
8 CFR Part 241
Regulatory Flexibility Act
Because no notice of proposed
rulemaking is required, the provisions
of the Regulatory Flexibility Act, 5
U.S.C. 605(b), do not apply.
Administrative practice and
procedure, Aliens, Immigration,
Reporting and recordkeeping
requirements.
8 CFR Part 287
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 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 foreignbased companies in domestic and
export markets.
Unfunded Mandates Reform Act of
1995
This rule will not result in the
expenditure by state, local and tribal
government, 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.
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
Homeland Security has determined that
this rule does not have sufficient
federalism implications to warrant the
preparation of a federalism summary
impact statement.
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Administrative practice and
procedure, Aliens, Immigration,
Reporting and recordkeeping
requirements.
I Accordingly, chapter I of title 8 of the
Code of Federal Regulations is amended
as follows:
PART 236—APPREHENSION AND
DETENTION OF INADMISSIBLE AND
DEPORTABLE ALIENS; REMOVAL OF
ALIENS ORDERED REMOVED
1. The authority citation for part 236
continues to read as follows:
I
Authority: 5 U.S.C. 301, 552, 552a; 8 U.S.C.
1103, 1182, 1224, 1225, 1226, 1227, 1231,
1362; 18 U.S.C. 4002, 4013(c)(4); Pub. L. 107–
296, 116 Stat. 2135 (6 U.S.C. 101, et seq.); 8
CFR part 2.
2. Section 236.1 is amended by adding
a new paragraph (g) to read as follows:
I
§ 236.1 Apprehension, custody, and
detention.
*
*
*
*
*
(g) Notice of custody determination.
(1) In general. At the time of issuance
of the notice to appear, or at any time
thereafter and up to the time removal
proceedings are completed, an
immigration official may issue a Form I–
286, Notice of Custody Determination. A
notice of custody determination may be
issued by those immigration officials
listed in 8 CFR 287.5(e)(2) and may be
served by those immigration officials
listed in 8 CFR 287.5(e)(3), or other
officers or employees of the Department
or the United States who are delegated
the authority to do so pursuant to 8 CFR
2.1.
(2) Cancellation. If after the issuance
of a notice of custody determination, a
determination is made not to serve it,
any official authorized to issue such
notice may authorize its cancellation.
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Federal Register / Vol. 70, No. 213 / Friday, November 4, 2005 / Rules and Regulations
PART 239—INITIATION OF REMOVAL
PROCEEDINGS
3. The authority citation for part 239
continues to read as follows:
I
Authority: 8 U.S.C. 1103, 1221, 1229; Pub.
L. 107–296, 116 Stat. 2135 (6 U.S.C. 101, et
seq.); 8 CFR part 2.
4. Section 239.1 is amended by:
a. Revising paragraphs (a)(37) and
(a)(38); and by
I b. Adding paragraphs (a)(39) through
(a)(41).
The revisions and additions read as
follows:
I
I
§ 239.1
Notice to appear.
(a) * * *
*
*
*
*
*
(37) Deputy port directors;
(38) Supervisory service center
adjudications officers;
(39) Unit Chief, Law Enforcement
Support Center;
(40) Section Chief, Law Enforcement
Support Center; or
(41) Other officers or employees of the
Department or of the United States who
are delegated the authority as provided
by 8 CFR 2.1 to issue notices to appear.
*
*
*
*
*
PART 241—APPREHENSION AND
DETENTION OF ALIENS ORDERED
REMOVED
5. The authority citation for part 241
is revised to read as follows:
I
Authority: 5 U.S.C. 301, 552, 552a; 8 U.S.C.
1103, 1182, 1223, 1224, 1225, 1226, 1227,
1228, 1231, 1251, 1253, 1255, 1330, 1362; 18
U.S.C. 4002, 4013(c)(4); Pub. L. 107–296, 116
Stat. 2135 (6 U.S.C. 101, et seq.); 8 CFR part
2.
6. Section 241.2 is revised to read as
follows:
I
§ 241.2
7. The authority citation for part 287
continues to read as follows:
Warrant of removal.
11:57 Nov 03, 2005
Jkt 208001
PART 287—FIELD OFFICERS;
POWERS AND DUTIES
I
(a) Issuance of a warrant of removal.
(1) In general. A Form I–205, Warrant of
Removal, based upon the final
administrative removal order in the
alien’s case shall be issued by any of the
following immigration officials:
(i) Director, Detention and Removal
Operations;
(ii) Deputy Assistant Director, Field
Operations;
(iii) Field Office Directors;
(iv) Deputy Field Office Directors;
(v) Assistant Field Office Directors;
(vi) Officers in Charge;
(vii) Special Agents in Charge;
(viii) Deputy Special Agents in
Charge;
(ix) Associate Special Agents in
Charge;
(x) Assistant Special Agents in
Charge;
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(xi) Group Supervisors;
(xii) Resident Agents in Charge;
(xiii) District Field Officers;
(xiv) Chief Patrol Agents;
(xv) Deputy Chief Patrol Agents;
(xvi) Assistant Chief Patrol Agents;
(xvii) Patrol Agents in Charge;
(xviii) Unit Chief, Law Enforcement
Support Center;
(xix) Section Chief, Law Enforcement
Support Center;
(xx) Port Directors;
(xxi) Deputy Port Directors;
(xxii) Assistant Port Directors;
(xxiii) Director, Field Operations;
(xxiv) Deputy Director, Field
Operations;
(xxv) Assistant Director, Field
Operations; and
(xxvi) Other officers or employees of
the Department or the United States
who are delegated the authority as
provided in 8 CFR 2.1 to issue Warrants
of Removal.
(2) Costs and care during removal.
The immigration officials listed in
paragraphs (a)(1)(i) through (xxv) of this
section, and other officers or employees
of the Department or the United States
who are delegated the authority as
provided in 8 CFR 2.1, shall exercise the
authority contained in section 241 of the
Act to determine at whose expense the
alien shall be removed and whether his
or her mental or physical condition
requires personal care and attention en
route to his or her destination.
(b) Execution of the warrant of
removal. Any officer authorized by 8
CFR 287.5(e)(3) to execute
administrative warrants of arrest may
execute a warrant of removal.
Authority: 8 U.S.C. 1103, 1182, 1225, 1226,
1251, 1252, 1357; Pub. L. 107–296, 116 Stat.
2135 (6 U.S.C. 101, et seq.); 8 CFR part 2.
8. Section 287.5(e)(2) is revised to
read as follows:
I
§ 287.5 Exercise of power by immigration
officers.
*
*
*
*
*
(e) * * *
(2) Issuance of arrest warrants for
immigration violations. A warrant of
arrest may be issued by any of the
following immigration officials who
have been authorized or delegated such
authority:
(i) District directors (except foreign);
(ii) Deputy district directors (except
foreign);
(iii) Assistant district directors for
investigations;
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67089
(iv) Deputy assistant district directors
for investigations;
(v) Assistant district directors for
deportation;
(vi) Deputy assistant district directors
for deportation;
(vii) Assistant district directors for
examinations;
(viii) Deputy assistant district
directors for examinations;
(ix) Officers in charge (except foreign);
(x) Assistant officers in charge (except
foreign);
(xi) Chief patrol agents;
(xii) Deputy chief patrol agents;
(xiii) Assistant chief patrol agents;
(xiv) Patrol agents in charge;
(xv) Assistant patrol agents in charge;
(xvi) Field operations supervisors;
(xvii) Special operations supervisors;
(xviii) Supervisory border patrol
agents;
(xix) The Assistant Commissioner,
Investigations;
(xx) Institutional Hearing Program
directors;
(xxi) Area port directors;
(xxii) Port directors;
(xxiii) Deputy port directors;
(xxiv) Assistant Area port directors;
(xxv) Supervisory deportation
officers;
(xxvi) Supervisory detention and
deportation officers;
(xxvii) Group Supervisors;
(xxviii) Director, Office of Detention
and Removal Operations;
(xxix) Special Agents in Charge;
(xxx) Deputy Special Agents in
Charge;
(xxxi) Associate Special Agents in
Charge;
(xxxii) Assistant Special Agents in
Charge;
(xxxiii) Resident Agents in Charge;
(xxxiv) Field Office Directors;
(xxxv) Deputy Field Office Directors;
(xxxvi) District Field Officers;
(xxxvii) Supervisory district
adjudications officers;
(xxxviii) Supervisory asylum officers;
(xxxix) Supervisory special agents;
(xl) Director of investigations;
(xli) Directors or officers in charge of
detention facilities;
(xlii) Directors of field operations;
(xliii) Deputy or assistant directors of
field operations;
(xliv) Unit Chief, Law Enforcement
Support Center;
(xlv) Section Chief, Law Enforcement
Support Center;
(xlvi) Director, Field Operations;
(xlvii) Deputy Director, Field
Operations;
(xlviii) Assistant Director, Field
Operations;
(xlix) Immigration Enforcement
Agents; or
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Federal Register / Vol. 70, No. 213 / Friday, November 4, 2005 / Rules and Regulations
(l) Other officers or employees of the
Department or the United States who
are delegated the authority as provided
in 8 CFR 2.1 to issue warrants of arrest.
*
*
*
*
*
Dated: October 17, 2005.
Michael Chertoff,
Secretary of Homeland Security.
[FR Doc. 05–21980 Filed 11–3–05; 8:45 am]
BILLING CODE 4410–10–P
DEPARTMENT OF JUSTICE
Bureau of Prisons
28 CFR Parts 503, 542, and 543
[BOP–1136–I]
RIN 1120–AB36
Bureau of Prisons Central Office,
Regional Offices, Institutions, and Staff
Training Centers: Removal of
Addresses From Rules
Bureau of Prisons, Justice.
Interim rule.
AGENCY:
ACTION:
SUMMARY: In this document, the Bureau
of Prisons (Bureau) removes its rules
listing the addresses of Bureau facilities
in each of its regions. We will replace
these rules with a short description of
the Bureau’s structure, the address of
the Bureau’s Central Office, and a
reference to the Bureau’s internet
address containing current and
frequently updated contact information
on Bureau facilities and Regional
Offices. This change will enable the
Bureau to more quickly and accurately
provide updated contact information to
members of the public, in light of
frequently changing circumstances.
DATES: This rule is effective November
4, 2005. Please send comments on this
rulemaking by January 3, 2006.
ADDRESSES: Our e-mail address is
BOPRULES@BOP.GOV. Comments
should be submitted to the Rules Unit,
Office of General Counsel, Bureau of
Prisons, 320 First Street, NW.,
Washington, DC 20534. You may view
an electronic version of this rule at
https://www.regulations.gov. You may
also comment via the Internet to BOP at
BOPRULES@BOP.GOV or by using the
https://www.regulations.gov comment
form for this regulation. When
submitting comments electronically you
must include the BOP Docket No. in the
subject box.
FOR FURTHER INFORMATION CONTACT:
Sarah Qureshi, Office of General
Counsel, Bureau of Prisons, phone (202)
307–2105.
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11:57 Nov 03, 2005
Jkt 208001
In this
document, the Bureau of Prisons
removes its rules listing the addresses of
Bureau facilities in each of its regions.
We will replace these rules with a short
description of the Bureau’s structure,
the address of the Bureau’s Central
Office, and a reference to the Bureau’s
Web site containing current and
frequently updated contact information
on Bureau facilities and Regional
Offices.
This change will enable the Bureau to
more quickly and accurately provide
updated contact information to
members of the public, in light of
frequently changing circumstances.
Before 1990, the Bureau published lists
of the addresses of its facilities as
Notices in the Federal Register. On July
23, 1990, we published the list of
addresses as a federal rule (55 FR
29990). We amended it in 1991 (56 FR
31531), 1992 (57 FR 53822), 1993 (58 FR
44428), and 1998. Frequently changing
circumstances have made it difficult to
quickly update the list of addresses.
Between 1998 (the date this rule was
last amended) and March, 2005, the
number of Bureau facilities grew from
93 to 113. This rule change would allow
the Bureau to reference our Web site,
which we can update far more quickly
and accurately, for the most current
addresses and other contact information
of all Bureau facilities.
SUPPLEMENTARY INFORMATION:
Administrative Procedure Act
The Administrative Procedure Act (5
U.S.C. 553(b)(3)(B)) allows exceptions to
notice-and-comment rulemaking ‘‘when
the agency for good cause finds * * *
that notice and public procedure
thereon are impracticable, unnecessary,
or contrary to the public interest.’’
Further, section 553(d) provides an
exception to the usual requirement of a
delayed effective date when an agency
finds ‘‘good cause’’ that the rule be
made immediately effective.
This rulemaking is exempt from
normal notice-and-comment procedures
because advance notice and public
comment in this instance is
unnecessary. This is an administrative
rule insignificant in impact and
inconsequential to the public. The rule
merely eliminates a long list of noncurrent addresses and replaces them
with a reference to a publicly accessible
and more accurate source. This
rulemaking makes no change to any
rights or responsibilities of the agency
or any regulated entities. For the same
reasons, the Bureau finds that ‘‘good
cause’’ exists to make this rule effective
upon publication.
Nevertheless, the Bureau invites
public comment on this interim rule.
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Executive Order 12866
This rule falls within a category of
actions that the Office of Management
and Budget (OMB) has determined not
to constitute ‘‘significant regulatory
actions’’ under section 3(f) of Executive
Order 12866 and, accordingly, it was
not reviewed by OMB.
Executive Order 13132
This regulation 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, under
Executive Order 13132, we determine
that this rule does not have sufficient
federalism implications to warrant the
preparation of a Federalism Assessment.
Regulatory Flexibility Act
The Director of the Bureau of Prisons,
under the Regulatory Flexibility Act (5
U.S.C. 605(b)), reviewed this regulation
and by approving it certifies that it will
not have a significant economic impact
upon a substantial number of small
entities for the following reasons: This
rule pertains to the correctional
management of offenders committed to
the custody of the Attorney General or
the Director of the Bureau of Prisons.
This rule will enable the Bureau to more
quickly and accurately provide updated
contact information to members of the
public and its economic impact is
limited to the Bureau’s appropriated
funds.
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.
Small Business Regulatory Enforcement
Fairness Act of 1996
This rule is not a major rule as
defined by § 804 of the Small Business
Regulatory Enforcement Fairness Act of
1996. This rule will not result in an
annual effect on the economy of
$100,000,000 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 foreignbased companies in domestic and
export markets.
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]]>Agencies
[Federal Register Volume 70, Number 213 (Friday, November 4, 2005)]
[Rules and Regulations]
[Pages 67087-67090]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-21980]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
8 CFR Parts 236, 239, 241 and 287
[ICE No. 2298-03]
RIN 1653-AA27
Powers and Authority of Officers and Employees
AGENCY: Department of Homeland Security.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This rule continues the process of conforming the text of the
Code of Federal Regulations to the governmental structures established
in the Homeland Security Act and Reorganization Plan. This rule is not
intended to and does not restrict or otherwise limit the authority of
any Department of Homeland Security officer.
DATES: This final rule is effective November 4, 2005.
FOR FURTHER INFORMATION CONTACT: Jack Penca, Chief Counsel, Law
Enforcement Support Center; 188 Harvest Lane, Williston,Vermont 05495;
telephone number: (802) 872-6056.
SUPPLEMENTARY INFORMATION:
Background
On November 25, 2002, the President signed into law the Homeland
Security Act of 2002 (Pub. L. 107-296, 116 Stat. 2135) (HSA), 6 U.S.C.
101 et seq., which created the new Department of Homeland Security
(Department or DHS). Pursuant to the provisions of the HSA, DHS came
into existence on January 24, 2003. The functions of the
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Immigration and Naturalization Service (Service) and all authorities
with respect to those functions, transferred to DHS on March 1, 2003,
and the Service was abolished on that date, pursuant to the HSA and the
Department of Homeland Security Reorganization Plan, as modified
(Reorganization Plan). The transition and savings provisions of the
HSA, including sections 1512(d) and 1517 of the HSA, 6 U.S.C. 552(d),
557, provide that references relating to the Service in statutes,
regulations, directives or delegations of authority shall be deemed to
refer to the appropriate official or component of DHS.
This rule amends various lists of DHS officials authorized to
perform certain immigration enforcement functions, including making
administrative arrests for immigration violations, making custody
determinations, issuing Notices to Appear (which set forth the charges
against an alien and order the alien to appear before an immigration
judge), and issuing Warrants of Removal (which authorize the removal of
an alien from the United States after the issuance of a final
administrative order). While this rule constitutes a delegation of
authority, and constitutes a public statement thereof, it is not the
only means by which such authority may be delegated by the Secretary
pursuant to 8 CFR 2.1. The Secretary retains the authority to further
delegate immigration authorities and functions through internal
directives, memoranda, or other means. See Id. This rule does not alter
any other delegation of authority by the Secretary that is not
addressed in the rule. The rule does not affect any rights of aliens or
the general public. See 8 CFR 287.12.
Explanation of Changes
This final rule:
(1) Amends 8 CFR 236.1 to set forth a list of officers authorized
to issue and serve Form I-286, Notice of Custody Determination.
(2) Amends 8 CFR 239.1 to revise the list of officers authorized to
issue a Notice to Appear, which sets forth the immigration charges
against the alien.
(3) Amends 8 CFR 241.2 to revise the list of officers authorized to
issue
Warrants of Removal, which authorizes the removal of an alien from
the United States after a final administrative order is entered.
(4) Amends 8 CFR 287.5(e)(2) to revise the list of officers
authorized to issue an administrative Warrant of Arrest for immigration
violations.
Administrative Procedure Act
This rule relates to agency organization and management and is
exempt from the notice of proposed rulemaking and delayed effective
date requirements of the Administrative Procedure Act, 5 U.S.C. 553(a).
Executive Order 12866
This rule is limited to agency organization and management and
therefore is not a rule as defined by Executive Order 12866.
Accordingly, a regulatory impact analysis is not required.
Regulatory Flexibility Act
Because no notice of proposed rulemaking is required, the
provisions of the Regulatory Flexibility Act, 5 U.S.C. 605(b), do not
apply.
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 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.
Unfunded Mandates Reform Act of 1995
This rule will not result in the expenditure by state, local and
tribal government, 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.
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 Homeland Security has
determined that this rule does not have sufficient federalism
implications to warrant the preparation of a federalism summary impact
statement.
List of Subjects
8 CFR Part 236
Administrative practice and procedure, Aliens, Immigration,
Reporting and recordkeeping requirements.
8 CFR Part 239
Administrative practice and procedure, Aliens, Immigration,
Reporting and recordkeeping requirements.
8 CFR Part 241
Administrative practice and procedure, Aliens, Immigration,
Reporting and recordkeeping requirements.
8 CFR Part 287
Administrative practice and procedure, Aliens, Immigration,
Reporting and recordkeeping requirements.
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Accordingly, chapter I of title 8 of the Code of Federal Regulations is
amended as follows:
PART 236--APPREHENSION AND DETENTION OF INADMISSIBLE AND DEPORTABLE
ALIENS; REMOVAL OF ALIENS ORDERED REMOVED
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1. The authority citation for part 236 continues to read as follows:
Authority: 5 U.S.C. 301, 552, 552a; 8 U.S.C. 1103, 1182, 1224,
1225, 1226, 1227, 1231, 1362; 18 U.S.C. 4002, 4013(c)(4); Pub. L.
107-296, 116 Stat. 2135 (6 U.S.C. 101, et seq.); 8 CFR part 2.
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2. Section 236.1 is amended by adding a new paragraph (g) to read as
follows:
Sec. 236.1 Apprehension, custody, and detention.
* * * * *
(g) Notice of custody determination. (1) In general. At the time of
issuance of the notice to appear, or at any time thereafter and up to
the time removal proceedings are completed, an immigration official may
issue a Form I-286, Notice of Custody Determination. A notice of
custody determination may be issued by those immigration officials
listed in 8 CFR 287.5(e)(2) and may be served by those immigration
officials listed in 8 CFR 287.5(e)(3), or other officers or employees
of the Department or the United States who are delegated the authority
to do so pursuant to 8 CFR 2.1.
(2) Cancellation. If after the issuance of a notice of custody
determination, a determination is made not to serve it, any official
authorized to issue such notice may authorize its cancellation.
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PART 239--INITIATION OF REMOVAL PROCEEDINGS
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3. The authority citation for part 239 continues to read as follows:
Authority: 8 U.S.C. 1103, 1221, 1229; Pub. L. 107-296, 116 Stat.
2135 (6 U.S.C. 101, et seq.); 8 CFR part 2.
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4. Section 239.1 is amended by:
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a. Revising paragraphs (a)(37) and (a)(38); and by
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b. Adding paragraphs (a)(39) through (a)(41).
The revisions and additions read as follows:
Sec. 239.1 Notice to appear.
(a) * * *
* * * * *
(37) Deputy port directors;
(38) Supervisory service center adjudications officers;
(39) Unit Chief, Law Enforcement Support Center;
(40) Section Chief, Law Enforcement Support Center; or
(41) Other officers or employees of the Department or of the United
States who are delegated the authority as provided by 8 CFR 2.1 to
issue notices to appear.
* * * * *
PART 241--APPREHENSION AND DETENTION OF ALIENS ORDERED REMOVED
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5. The authority citation for part 241 is revised to read as follows:
Authority: 5 U.S.C. 301, 552, 552a; 8 U.S.C. 1103, 1182, 1223,
1224, 1225, 1226, 1227, 1228, 1231, 1251, 1253, 1255, 1330, 1362; 18
U.S.C. 4002, 4013(c)(4); Pub. L. 107-296, 116 Stat. 2135 (6 U.S.C.
101, et seq.); 8 CFR part 2.
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6. Section 241.2 is revised to read as follows:
Sec. 241.2 Warrant of removal.
(a) Issuance of a warrant of removal. (1) In general. A Form I-205,
Warrant of Removal, based upon the final administrative removal order
in the alien's case shall be issued by any of the following immigration
officials:
(i) Director, Detention and Removal Operations;
(ii) Deputy Assistant Director, Field Operations;
(iii) Field Office Directors;
(iv) Deputy Field Office Directors;
(v) Assistant Field Office Directors;
(vi) Officers in Charge;
(vii) Special Agents in Charge;
(viii) Deputy Special Agents in Charge;
(ix) Associate Special Agents in Charge;
(x) Assistant Special Agents in Charge;
(xi) Group Supervisors;
(xii) Resident Agents in Charge;
(xiii) District Field Officers;
(xiv) Chief Patrol Agents;
(xv) Deputy Chief Patrol Agents;
(xvi) Assistant Chief Patrol Agents;
(xvii) Patrol Agents in Charge;
(xviii) Unit Chief, Law Enforcement Support Center;
(xix) Section Chief, Law Enforcement Support Center;
(xx) Port Directors;
(xxi) Deputy Port Directors;
(xxii) Assistant Port Directors;
(xxiii) Director, Field Operations;
(xxiv) Deputy Director, Field Operations;
(xxv) Assistant Director, Field Operations; and
(xxvi) Other officers or employees of the Department or the United
States who are delegated the authority as provided in 8 CFR 2.1 to
issue Warrants of Removal.
(2) Costs and care during removal. The immigration officials listed
in paragraphs (a)(1)(i) through (xxv) of this section, and other
officers or employees of the Department or the United States who are
delegated the authority as provided in 8 CFR 2.1, shall exercise the
authority contained in section 241 of the Act to determine at whose
expense the alien shall be removed and whether his or her mental or
physical condition requires personal care and attention en route to his
or her destination.
(b) Execution of the warrant of removal. Any officer authorized by
8 CFR 287.5(e)(3) to execute administrative warrants of arrest may
execute a warrant of removal.
PART 287--FIELD OFFICERS; POWERS AND DUTIES
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7. The authority citation for part 287 continues to read as follows:
Authority: 8 U.S.C. 1103, 1182, 1225, 1226, 1251, 1252, 1357;
Pub. L. 107-296, 116 Stat. 2135 (6 U.S.C. 101, et seq.); 8 CFR part
2.
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8. Section 287.5(e)(2) is revised to read as follows:
Sec. 287.5 Exercise of power by immigration officers.
* * * * *
(e) * * *
(2) Issuance of arrest warrants for immigration violations. A
warrant of arrest may be issued by any of the following immigration
officials who have been authorized or delegated such authority:
(i) District directors (except foreign);
(ii) Deputy district directors (except foreign);
(iii) Assistant district directors for investigations;
(iv) Deputy assistant district directors for investigations;
(v) Assistant district directors for deportation;
(vi) Deputy assistant district directors for deportation;
(vii) Assistant district directors for examinations;
(viii) Deputy assistant district directors for examinations;
(ix) Officers in charge (except foreign);
(x) Assistant officers in charge (except foreign);
(xi) Chief patrol agents;
(xii) Deputy chief patrol agents;
(xiii) Assistant chief patrol agents;
(xiv) Patrol agents in charge;
(xv) Assistant patrol agents in charge;
(xvi) Field operations supervisors;
(xvii) Special operations supervisors;
(xviii) Supervisory border patrol agents;
(xix) The Assistant Commissioner, Investigations;
(xx) Institutional Hearing Program directors;
(xxi) Area port directors;
(xxii) Port directors;
(xxiii) Deputy port directors;
(xxiv) Assistant Area port directors;
(xxv) Supervisory deportation officers;
(xxvi) Supervisory detention and deportation officers;
(xxvii) Group Supervisors;
(xxviii) Director, Office of Detention and Removal Operations;
(xxix) Special Agents in Charge;
(xxx) Deputy Special Agents in Charge;
(xxxi) Associate Special Agents in Charge;
(xxxii) Assistant Special Agents in Charge;
(xxxiii) Resident Agents in Charge;
(xxxiv) Field Office Directors;
(xxxv) Deputy Field Office Directors;
(xxxvi) District Field Officers;
(xxxvii) Supervisory district adjudications officers;
(xxxviii) Supervisory asylum officers;
(xxxix) Supervisory special agents;
(xl) Director of investigations;
(xli) Directors or officers in charge of detention facilities;
(xlii) Directors of field operations;
(xliii) Deputy or assistant directors of field operations;
(xliv) Unit Chief, Law Enforcement Support Center;
(xlv) Section Chief, Law Enforcement Support Center;
(xlvi) Director, Field Operations;
(xlvii) Deputy Director, Field Operations;
(xlviii) Assistant Director, Field Operations;
(xlix) Immigration Enforcement Agents; or
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(l) Other officers or employees of the Department or the United
States who are delegated the authority as provided in 8 CFR 2.1 to
issue warrants of arrest.
* * * * *
Dated: October 17, 2005.
Michael Chertoff,
Secretary of Homeland Security.
[FR Doc. 05-21980 Filed 11-3-05; 8:45 am]
BILLING CODE 4410-10-P
