Conforming Justice Department Regulations to the Federal Vacancies Reform Act of 1998, 72692-72693 [2016-25464]

Download as PDF 72692 Federal Register / Vol. 81, No. 204 / Friday, October 21, 2016 / Rules and Regulations (b) * * * (5) Performing an annual analysis of the borrower’s financial condition to determine the borrower’s progress for all term loans with aggregate balances greater than $100,000 and all line of credit loans. The annual analysis will include: * * * * * (v) For borrowers with an outstanding loan balance for existing term loans of $100,000 or less, the need for an annual analysis will be determined by the Agency for SEL, CLP, and MLP lenders. The annual analysis for PLP lenders will be in accordance with requirements in lender’s credit management system (CMS). * * * * * Val Dolcini, Administrator, Farm Service Agency. [FR Doc. 2016–25492 Filed 10–20–16; 8:45 am] BILLING CODE 3410–05–P DEPARTMENT OF HOMELAND SECURITY U.S. Customs and Border Protection DEPARTMENT OF THE TREASURY 19 CFR Part 165 [USCBP–2016–0053; CBP Dec. 16–11] RIN 1515–AE10 Investigation of Claims of Evasion of Antidumping and Countervailing Duties U.S. Customs and Border Protection, Department of Homeland Security; Department of the Treasury. ACTION: Interim final regulations; extension of comment period. AGENCY: This document provides an additional 60 days for interested parties to submit comments on the interim final rule that amended the U.S. Customs and Border Protection (CBP) regulations setting forth procedures for CBP to investigate claims of evasion of antidumping and countervailing duty orders in accordance with section 421 of the Trade Facilitation and Trade Enforcement Act of 2015. The interim final rule was published in the Federal Register on August 22, 2016, with comments due on or before October 21, 2016. To have as much public participation as possible in the formulation of the final rule, CBP is extending the comment period to December 20, 2016. DATES: The comment period for the interim final rule published August 22, asabaliauskas on DSK3SPTVN1PROD with RULES SUMMARY: VerDate Sep<11>2014 16:30 Oct 20, 2016 Jkt 241001 2016, at 81 FR 56477, effective August 22, 2016, is extended. Comments must be received on or before December 20, 2016. ADDRESSES: You may submit comments, identified by docket number, by one of the following methods: • Federal eRulemaking Portal: http:// www.regulations.gov. Follow the instructions for submitting comments via docket number USCBP–2016–0053. • Mail: Trade and Commercial Regulations Branch, Regulations and Rulings, Office of Trade, U.S. Customs and Border Protection, 90 K Street NE., 10th Floor, Washington, DC 20229– 1177. Instructions: All submissions received must include the agency name and docket number for this rulemaking. All comments received will be posted without change to http:// www.regulations.gov, including any personal information provided. For detailed instructions on submitting comments and additional information on the rulemaking process, see the ‘‘Public Participation’’ heading of the SUPPLEMENTARY INFORMATION section of this document. Docket: For access to the docket to read background documents or comments received, go to http:// www.regulations.gov. Submitted comments may also be inspected during regular business days between the hours of 9 a.m. and 4:30 p.m. at the Trade and Commercial Regulations Branch, Regulations and Rulings, Office of Trade, U.S. Customs and Border Protection, 90 K Street NE., 10th Floor, Washington, DC Arrangements to inspect submitted comments should be made in advance by calling Mr. Joseph Clark at (202) 325–0118. FOR FURTHER INFORMATION CONTACT: Kevin M. McCann, Chief, Analytical Communications Branch, Office of Trade, U.S. Customs and Border Protection, 202–863–6078. SUPPLEMENTARY INFORMATION: Public Participation Interested persons are invited to participate in this rulemaking by submitting written data, views, or arguments on all aspects of the interim rule. U.S. Customs and Border Protection (CBP) also invites comments that relate to the economic, environmental, or federalism effects that might result from this interim rule. Comments that will provide the most assistance to CBP in developing these regulations will reference a specific portion of the interim rule, explain the reason for any recommended change, and include data, information, or PO 00000 Frm 00008 Fmt 4700 Sfmt 4700 authority that support such recommended change. See ADDRESSES above for information on how to submit comments. Background On August 22, 2016, U.S. Customs and Border Protection (CBP) published in the Federal Register (81 FR 56477) an Interim Final Rule (CBP Dec. 16–11) that amended the CBP regulations setting forth procedures for CBP to investigate claims of evasion of antidumping and countervailing duty orders in accordance with section 421 of the Trade Facilitation and Trade Enforcement Act of 2015. The document solicited public comments in the interim rule, and requested that submitted comments be received by CBP on or before October 21, 2016. Extension of Comment Period With the goal of establishing the most effective and transparent procedures as possible for CBP to employ to investigate claims of evasion of antidumping and countervailing duty orders, CBP believes that it is very important to have as much public participation as possible in the formulation of the final rule that establishes those procedures for CBP. Therefore, CBP has decided to allow additional time for the public to submit comments on the final rule. Accordingly, the comment period is extended to December 20, 2016. Dated: October 18, 2016. Alice A. Kipel, Executive Director, Regulations and Rulings Office of Trade, U.S. Customs and Border Protection. [FR Doc. 2016–25489 Filed 10–20–16; 8:45 am] BILLING CODE 9111–14–P DEPARTMENT OF JUSTICE Office of the Attorney General 28 CFR Part 0 [OAG Docket No. 152; A.G. Order No. 3754– 2016] Conforming Justice Department Regulations to the Federal Vacancies Reform Act of 1998 Department of Justice. Final rule. AGENCY: ACTION: This final rule amends the Department of Justice (DOJ) organizational regulations to remove authority from United States Attorneys (USAs) to designate any Assistant United States Attorney as Acting United States Attorney. The Federal Vacancies SUMMARY: E:\FR\FM\21OCR1.SGM 21OCR1 Federal Register / Vol. 81, No. 204 / Friday, October 21, 2016 / Rules and Regulations Reform Act of 1998 governs designations of Acting USAs. The removal of authority from USAs is designed to bring DOJ’s organizational regulations in compliance with the Act. DATES: This rule is effective October 21, 2016. Jay Macklin, General Counsel, Executive Office for United States Attorneys, 600 E Street NW., Suite 5100, Washington, DC 20530; Telephone: (202) 252–1600; Fax: (202) 252–1650. FOR FURTHER INFORMATION CONTACT: The Federal Vacancies Reform Act of 1998, 5 U.S.C. 3345–3349d, provides that, when a Senate-confirmed officer in an Executive agency ‘‘dies, resigns, or is otherwise unable to perform the functions and duties of the office,’’ the First Assistant to that office automatically becomes the acting officer, unless the President designates someone else to perform the functions and duties of the office under 5 U.S.C. 3345(a)(2) or (a)(3). 5 U.S.C. 3345(a)(1). Only individuals performing the functions and duties of a vacant office pursuant to 5 U.S.C. 3345 may use the acting title, because the Act, with exceptions not relevant here, is ‘‘the exclusive means for temporarily authorizing an acting official to perform the functions and duties’’ of an office covered by the Act. 5 U.S.C. 3347. Currently, 28 CFR 0.136, which governs the designation of Acting USAs, is inconsistent with the Act, insofar as it authorizes each USA to designate any AUSA in the office to perform the functions and duties of the USA office and use the title of Acting USA. The Department’s regulations already account for potential USA vacancies under 28 CFR 0.137(b), which provides that each Department office ‘‘to which appointment is required to be made by the President with the advice and consent of the Senate (PAS office) shall have a First Assistant within the meaning of the Federal Vacancies Reform Act of 1998,’’ and ‘‘[w]here there is a position of Principal Deputy to the PAS office, the Principal Deputy shall be the First Assistant.’’ Id. The offices of USAs each have a First Assistant United States Attorney who is considered the Principal Deputy for purposes of § 0.137(b) and, by operation of the Act, automatically becomes the Acting USA when the USA leaves office or is otherwise unable to perform the office’s functions or duties, unless the President designates another individual to serve as Acting USA. asabaliauskas on DSK3SPTVN1PROD with RULES SUPPLEMENTARY INFORMATION: VerDate Sep<11>2014 16:30 Oct 20, 2016 Jkt 241001 Executive Orders 12866 (Regulatory Planning and Review) and 13563 (Improving Regulation and Regulatory Review) This rule is limited to agency organization, management, or personnel matters, and accordingly it is not subject to review under Executive Order 12866, § 3(d) (Sept. 30, 1993). 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 the distribution of power and responsibilities among the various levels of government. Therefore, in accordance with Executive Order 13132 (Aug. 4, 1999), the Department 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) 72693 Congressional Review Act This action pertains to agency management, personnel, and organization and does not substantially affect the rights or obligations of nonagency parties. Accordingly, it is not a ‘‘rule’’ for purposes of the reporting requirement of 5 U.S.C. 801. See 5 U.S.C. 804(3). Therefore, the reports to Congress and the General Accounting Office are not required. List of Subjects in 28 CFR Part 0 Authority delegations (Government agencies), Government employees, Organization and functions (Government agencies), Privacy, Reporting and recordkeeping requirements, Whistleblowing. Accordingly, by virtue of the authority vested in me as Attorney General, including 5 U.S.C. 301 and 28 U.S.C. 509 and 510, Chapter I of Title 28 of the Code of Federal Regulations is amended as follows: PART 0—ORGANIZATION OF THE DEPARTMENT OF JUSTICE This rule meets the applicable standards set forth in sections 3(a) and 3(b)(2) of Executive Order 12988 (Feb. 5, 1996). ■ Administrative Procedure Act Authority: 5 U.S.C. 301; 28 U.S.C. 509, 510, 515–519. This rule is exempt from the rulemaking provisions of 5 U.S.C. 553 because this action pertains to rules of agency organization, procedure, and practice. 5 U.S.C. 553(b)(3)(A). Accordingly, it is not necessary to issue this rule using the notice and public procedure set forth in 5 U.S.C. 553(b), and the requirement of a delayed effective date in 5 U.S.C. 553(d) does not apply. 1. The authority citation for part 0 continues to read as follows: § 0.136 ■ [Removed and Reserved] 2. Remove and reserve § 0.136. Dated: October 14, 2016. Loretta E. Lynch, Attorney General. [FR Doc. 2016–25464 Filed 10–20–16; 8:45 am] BILLING CODE 4410–07–P Unfunded Mandates Reform Act of 1995 DEPARTMENT OF HOMELAND SECURITY 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, 2 U.S.C. 1501 et seq. Coast Guard 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. The rule removes authority that was inconsistent with the Federal Vacancies Reform Act of 1998. PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 33 CFR Part 117 [Docket No. USCG–2016–0941] Drawbridge Operation Regulation; Sacramento River, Sacramento, CA Coast Guard, DHS. Notice of deviation from drawbridge regulation. AGENCY: ACTION: The Coast Guard has issued a temporary deviation from the operating schedule that governs the Tower Drawbridge across the Sacramento River, mile 59.0, at Sacramento, CA. The deviation is necessary to allow the community to participate in the Golden Arches Run event. This deviation allows the bridge to remain in the closed-to- SUMMARY: E:\FR\FM\21OCR1.SGM 21OCR1

Agencies

[Federal Register Volume 81, Number 204 (Friday, October 21, 2016)]
[Rules and Regulations]
[Pages 72692-72693]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-25464]


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DEPARTMENT OF JUSTICE

Office of the Attorney General

28 CFR Part 0

[OAG Docket No. 152; A.G. Order No. 3754-2016]


Conforming Justice Department Regulations to the Federal 
Vacancies Reform Act of 1998

AGENCY: Department of Justice.

ACTION: Final rule.

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SUMMARY: This final rule amends the Department of Justice (DOJ) 
organizational regulations to remove authority from United States 
Attorneys (USAs) to designate any Assistant United States Attorney as 
Acting United States Attorney. The Federal Vacancies

[[Page 72693]]

Reform Act of 1998 governs designations of Acting USAs. The removal of 
authority from USAs is designed to bring DOJ's organizational 
regulations in compliance with the Act.

DATES: This rule is effective October 21, 2016.

FOR FURTHER INFORMATION CONTACT: Jay Macklin, General Counsel, 
Executive Office for United States Attorneys, 600 E Street NW., Suite 
5100, Washington, DC 20530; Telephone: (202) 252-1600; Fax: (202) 252-
1650.

SUPPLEMENTARY INFORMATION: The Federal Vacancies Reform Act of 1998, 5 
U.S.C. 3345-3349d, provides that, when a Senate-confirmed officer in an 
Executive agency ``dies, resigns, or is otherwise unable to perform the 
functions and duties of the office,'' the First Assistant to that 
office automatically becomes the acting officer, unless the President 
designates someone else to perform the functions and duties of the 
office under 5 U.S.C. 3345(a)(2) or (a)(3). 5 U.S.C. 3345(a)(1). Only 
individuals performing the functions and duties of a vacant office 
pursuant to 5 U.S.C. 3345 may use the acting title, because the Act, 
with exceptions not relevant here, is ``the exclusive means for 
temporarily authorizing an acting official to perform the functions and 
duties'' of an office covered by the Act. 5 U.S.C. 3347. Currently, 28 
CFR 0.136, which governs the designation of Acting USAs, is 
inconsistent with the Act, insofar as it authorizes each USA to 
designate any AUSA in the office to perform the functions and duties of 
the USA office and use the title of Acting USA.
    The Department's regulations already account for potential USA 
vacancies under 28 CFR 0.137(b), which provides that each Department 
office ``to which appointment is required to be made by the President 
with the advice and consent of the Senate (PAS office) shall have a 
First Assistant within the meaning of the Federal Vacancies Reform Act 
of 1998,'' and ``[w]here there is a position of Principal Deputy to the 
PAS office, the Principal Deputy shall be the First Assistant.'' Id. 
The offices of USAs each have a First Assistant United States Attorney 
who is considered the Principal Deputy for purposes of Sec.  0.137(b) 
and, by operation of the Act, automatically becomes the Acting USA when 
the USA leaves office or is otherwise unable to perform the office's 
functions or duties, unless the President designates another individual 
to serve as Acting USA.

Executive Orders 12866 (Regulatory Planning and Review) and 13563 
(Improving Regulation and Regulatory Review)

    This rule is limited to agency organization, management, or 
personnel matters, and accordingly it is not subject to review under 
Executive Order 12866, Sec.  3(d) (Sept. 30, 1993).

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 the distribution of power and responsibilities among the various 
levels of government. Therefore, in accordance with Executive Order 
13132 (Aug. 4, 1999), the Department 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 (Feb. 5, 1996).

Administrative Procedure Act

    This rule is exempt from the rulemaking provisions of 5 U.S.C. 553 
because this action pertains to rules of agency organization, 
procedure, and practice. 5 U.S.C. 553(b)(3)(A). Accordingly, it is not 
necessary to issue this rule using the notice and public procedure set 
forth in 5 U.S.C. 553(b), and the requirement of a delayed effective 
date in 5 U.S.C. 553(d) does not apply.

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

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. The rule removes authority that 
was inconsistent with the Federal Vacancies Reform Act of 1998.

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. Accordingly, it is not a ``rule'' 
for purposes of the reporting requirement of 5 U.S.C. 801. See 5 U.S.C. 
804(3). Therefore, the reports to Congress and the General Accounting 
Office are not required.

List of Subjects in 28 CFR Part 0

    Authority delegations (Government agencies), Government employees, 
Organization and functions (Government agencies), Privacy, Reporting 
and recordkeeping requirements, Whistleblowing.

    Accordingly, by virtue of the authority vested in me as Attorney 
General, including 5 U.S.C. 301 and 28 U.S.C. 509 and 510, 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.


Sec.  0.136  [Removed and Reserved]

0
2. Remove and reserve Sec.  0.136.

    Dated: October 14, 2016.
Loretta E. Lynch,
Attorney General.
[FR Doc. 2016-25464 Filed 10-20-16; 8:45 am]
 BILLING CODE 4410-07-P