Revisions to Approval of Civil Consent Decrees With State and Local Governmental Entities, 12402-12404 [2022-04509]

Download as PDF 12402 Federal Register / Vol. 87, No. 43 / Friday, March 4, 2022 / Rules and Regulations information on the cover sheet and not in the body of your comments and you must identify this information as ‘‘confidential.’’ Any information marked as ‘‘confidential’’ will not be disclosed except in accordance with 21 CFR 10.20 and other applicable disclosure law. For more information about FDA’s posting of comments to public dockets, see 80 FR 56469, September 18, 2015, or access the information at: https:// www.govinfo.gov/content/pkg/FR-201509-18/pdf/2015-23389.pdf. Docket: For access to the docket to read background documents or the electronic and written/paper comments received, go to https:// www.regulations.gov and insert the docket number, found in brackets in the heading of this document, into the ‘‘Search’’ box and follow the prompts and/or go to the Dockets Management Staff, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852, 240–402–7500. 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Background FDA is announcing the availability of a guidance for industry and FDA staff entitled ‘‘Initiation of Voluntary Recalls Under 21 CFR part 7, subpart C.’’ The guidance for industry and FDA staff provides guidance on timely initiation of voluntary recalls of FDA-regulated products. The guidance discusses what preparations firms in a distribution chain, including manufacturers and distributors, should consider making to establish recall initiation procedures; to ensure timely identification of, and response to, product problems that might lead to a recall; and to promptly issue recall communications and press releases or other public notices. It also discusses preparations that firms in a distribution chain should consider VerDate Sep<11>2014 16:05 Mar 03, 2022 Jkt 256001 making to ensure timely responses to recall communications. In addition, the guidance discusses how FDA assists firms with carrying out their recall responsibilities to protect the public health from distributed products in violation of the FD&C Act and other laws administered by FDA. This guidance finalizes the draft guidance of the same title issued on April 24, 2019 (84 FR 17112). FDA considered comments received on the draft guidance as the guidance was finalized. In addition to editorial changes made to improve clarity, changes from the draft to the final guidance include the addition of the terms correction and market withdrawal to the terminology section, the addition of language encouraging the use of electronic communications for conveying voluntary recall communications about FDA-regulated products, and the deletion of section IV (‘‘References’’). This guidance is being issued consistent with FDA’s good guidance practices regulation (21 CFR 10.115). The guidance represents the current thinking of FDA on this topic. It does not establish any rights for any person and is not binding on FDA or the public. You can use an alternative approach if it satisfies the requirements of the applicable statutes and regulations. II. Paperwork Reduction Act of 1995 While this guidance contains no collection of information, it does refer to previously approved FDA collections of information. Therefore, clearance by the Office of Management and Budget (OMB) under the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3501– 3521) is not required for this guidance. The previously approved collections of information are subject to review by OMB under the PRA. The collections of information in 21 CFR 7.46, 7.49, and 7.59 have been approved under OMB control number 0910–0249; section 417 of the FD&C Act (21 U.S.C. 350f) has been approved under OMB control number 0910–0643; section 761 of the FD&C Act (21 U.S.C. 379aa–1) has been approved under OMB control number 0910–0291; 21 CFR 107.240 has been approved under OMB control number 0910–0188; 21 CFR part 117 has been approved under OMB control number 0910–0751; and 21 CFR part 507 has been approved under OMB control number 0910–0751. III. Electronic Access Persons with access to the internet may obtain the guidance at either https://www.fda.gov/regulatoryinformation/search-fda-guidance- PO 00000 Frm 00010 Fmt 4700 Sfmt 4700 documents or https:// www.regulations.gov. Dated: February 28, 2022. Lauren K. Roth, Associate Commissioner for Policy. [FR Doc. 2022–04704 Filed 3–3–22; 8:45 am] BILLING CODE 4164–01–P DEPARTMENT OF JUSTICE Office of the Attorney General 28 CFR Part 0 [Docket No. OAG 175; AG Order No. 5536– 2022] Revisions to Approval of Civil Consent Decrees With State and Local Governmental Entities Office of the Attorney General, Department of Justice. ACTION: Final rule. AGENCY: This final rule revises the regulations of the Department of Justice (‘‘Department’’) to restore the traditional process regarding the approval procedures to be used when a civil action against a State or local governmental entity is to be resolved by consent decree. DATES: This rule is effective March 4, 2022. SUMMARY: FOR FURTHER INFORMATION CONTACT: Robert Hinchman, Senior Counsel, Office of Legal Policy, U.S. Department of Justice, Room 4252 RFK Building, 950 Pennsylvania Avenue NW, Washington, DC 20530, telephone (202) 514–8059 (not a toll-free number). SUPPLEMENTARY INFORMATION: I. Discussion A. Overview This rule implements the April 16, 2021 Memorandum of Attorney General Merrick B. Garland titled ‘‘Civil Settlement Agreements and Consent Decrees with State and Local Governmental Entities’’ (the ‘‘April 2021 Memorandum’’), available at https:// www.justice.gov/ag/page/file/1387481/ download. Specifically, this rule withdraws the changes made to the Department’s regulations by the rule ‘‘Approval of Civil Consent Decrees With State and Local Governmental Entities’’ published on December 28, 2020 (85 FR 84229). The April 2021 Memorandum also specifically rescinded the Memorandum issued by former Attorney General Jefferson B. Sessions III, entitled ‘‘Principles and Procedures for Civil Consent Decrees and Settlement E:\FR\FM\04MRR1.SGM 04MRR1 Federal Register / Vol. 87, No. 43 / Friday, March 4, 2022 / Rules and Regulations Agreements with State and Local Governmental Entities’’ (November 7, 2018) (the ‘‘November 2018 Memorandum’’). In addition, for consistency with the April 2021 Memorandum, the Department will revise the changes made to the Justice Manual in 2020 in response to the November 2018 Memorandum. lotter on DSK11XQN23PROD with RULES1 B. Background—Previous Administration The November 2018 Memorandum set forth principles to guide the development of consent decrees with State or local governmental entities, including limitations on the circumstances in which a consent decree with a State or local governmental entity may be appropriate, the substantive requirements for such consent decrees, internal notification requirements regarding the initiation of negotiations for consent decrees, and a requirement of review and approval of senior leadership of the Department before a consent decree is agreed to by the United States or submitted to the court for entry. Subsequently, conforming changes were made to the Justice Manual and to the Department’s regulations at 28 CFR 0.160. The revisions to § 0.160, codified at paragraphs (d)(6) and (e), were limited to amending the Department’s settlement authority regulations to require approval of the specified consent decrees by the Deputy Attorney General or the Associate Attorney General. See 85 FR 84229 (Dec. 28, 2020). C. Current Administration Upon further consideration, the Attorney General has determined to restore longstanding regulations, protocols, and practices by authorizing the Assistant Attorneys General of the litigating components generally to handle such approvals because they are the Department officials most familiar with and best able to assess each particular case. Accordingly, this rule restores the regulatory provisions at 28 CFR 0.160 as they existed prior to the revisions adopted on December 28, 2020.1 The April 2021 Memorandum also noted that, pursuant to longstanding Department settlement authority regulations predating the changes discussed above, and still in effect, a 1 In addition to other changes made by the December 28, 2020, rule, that rule also corrected an existing drafting error by removing ‘‘or’’ at the end of 28 CFR 0.160(d)(1). That was a non-substantive change, and accordingly this final rule does not undo that technical correction. VerDate Sep<11>2014 16:05 Mar 03, 2022 Jkt 256001 settlement agreement or consent decree with a State or local governmental entity must be referred to the Deputy Attorney General or the Associate Attorney General for approval if the component head ‘‘is of the opinion that[,] because of a question of law or policy presented . . . or for any other reason, the proposed settlement should receive the personal attention of the Deputy Attorney General or the Associate Attorney General, as appropriate.’’ 28 CFR 0.160(d)(2). II. Regulatory Certifications A. Administrative Procedure Act This rule relates to a matter of agency management or personnel and is a rule of agency organization, procedure, or practice. As such, this rule is exempt from the usual requirements of prior notice and comment and a 30-day delay in effective date. See 5 U.S.C. 553(a)(2), (b)(A), (d). B. Regulatory Flexibility Act A Regulatory Flexibility Analysis was not required for this final rule because the Department was not required to publish a general notice of proposed rulemaking for this matter. See 5 U.S.C. 601(2), 604(a). C. Executive Orders 12866 and 13563— Regulatory Review This rule has been drafted and reviewed in accordance with Executive Order 12866, ‘‘Regulatory Planning and Review,’’ section 1(b), The Principles of Regulation, and Executive Order 13563, ‘‘Improving Regulation and Regulatory Review,’’ section 1, General Principles of Regulation. This final rule is ‘‘limited to agency organization, management, or personnel matters’’ and thus is not a ‘‘rule’’ for purposes of review by the Office of Management and Budget. Executive Order 12866, sec. 3(d)(3). D. Executive Order 12988—Civil Justice Reform This regulation meets the applicable standards set forth in section 3(a) and 3(b)(2) of Executive Order 12988, ‘‘Civil Justice Reform.’’ E. 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. This rule only pertains to the internal delegation of the Attorney General’s litigation authority, regarding the authority of the Department’s litigation components for PO 00000 Frm 00011 Fmt 4700 Sfmt 4700 12403 approval of consent decrees entered into by the Department. 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. F. 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 (adjusted for inflation) in any one year, and it will not significantly or uniquely affect small governments. Therefore, no actions are necessary under the provisions of the Unfunded Mandates Reform Act of 1995, 2 U.S.C. 1501 et seq. G. Congressional Review Act This rule is not a major rule as defined by section 804 of the Congressional Review Act (CRA), 5 U.S.C. 804. This action pertains to agency management or personnel, and agency organization, procedure, or practice, and does not substantially affect the rights or obligations of nonagency parties. Accordingly, it is not a ‘‘rule’’ as that term is used in the CRA, 5 U.S.C. 804(3)(B), (C). Therefore, the reporting requirement of 5 U.S.C. 801 does not apply. H. Paperwork Reduction Act of 1995 This final rule does not impose any new reporting or recordkeeping requirements under the Paperwork Reduction Act of 1995, 44 U.S.C. 3501– 3521. 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, 510, part 0 of title 28 of the Code of Federal Regulations is amended as follows: PART 0—ORGANIZATION OF THE DEPARTMENT OF JUSTICE 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. 2. In § 0.160: a. Revise paragraphs (d)(4) and (5); and ■ ■ E:\FR\FM\04MRR1.SGM 04MRR1 12404 ■ Federal Register / Vol. 87, No. 43 / Friday, March 4, 2022 / Rules and Regulations b. Remove paragraphs (d)(6) and (e). The revisions read as follows: § 0.160 Offers that may be accepted by Assistant Attorneys General. * * * * * (d) * * * (4) When the proposed settlement commits a department or agency to expend funds that Congress has not appropriated and that have not been budgeted for the action in question, or commits a department or agency to seek particular appropriation or budget authorization; or (5) When the proposed settlement otherwise limits the discretion of a department or agency to make policy or managerial decisions committed to the department or agency by Congress or by the Constitution. Dated: February 18, 2022. Merrick B. Garland, Attorney General. [FR Doc. 2022–04509 Filed 3–3–22; 8:45 am] BILLING CODE 4410–BB–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R03–OAR–2021–0482; FRL–9596–02– R3] Air Plan Approval; Pennsylvania; Revision of the Maximum Allowable Sulfur Content Limit for Number 2 and Lighter Commercial Fuel Oil Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: The Environmental Protection Agency (EPA) is approving a state implementation plan (SIP) revision submitted by the Commonwealth of Pennsylvania. The revision pertains to the reduction of the maximum allowable sulfur content limit for Number 2 (No. 2) and lighter commercial fuel oil, generally sold and used for residential and commercial furnaces and oil heat burners for home or space heating, water heating or both, from the current limit of 500 parts per million (ppm) to 15 ppm. EPA is approving this revision to the Pennsylvania SIP in accordance with the requirements of the Clean Air Act (CAA). lotter on DSK11XQN23PROD with RULES1 SUMMARY: the https://www.regulations.gov website. Although listed in the index, some information is not publicly available, e.g., confidential business information (CBI) or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the internet and will be publicly available only in hard copy form. Publicly available docket materials are available through https:// www.regulations.gov, or please contact the person identified in the FOR FURTHER INFORMATION CONTACT section for additional availability information. FOR FURTHER INFORMATION CONTACT: Mallory Moser, Planning & Implementation Branch (3AD30), Air & Radiation Division, U.S. Environmental Protection Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. The telephone number is (215) 814–215–814–2030. Ms. Moser can also be reached via electronic mail at moser.mallory@epa.gov. SUPPLEMENTARY INFORMATION: I. Background On December 15, 2021 (86 FR 71213), EPA published a notice of proposed rulemaking (NPRM) that proposed approval of a SIP revision that incorporates the Commonwealth’s updated low-sulfur fuel oil provisions into the Pennsylvania SIP. The SIP revision was submitted by Pennsylvania on September 4, 2020, requesting that EPA incorporate the Pennsylvania Department of Environmental Protection’s (PADEP’s) revisions to 25 Pennsylvania Code (Pa. Code) Chapters 123 Section 22 into the Pennsylvania SIP. In response to the NPRM, EPA received one comment supporting the proposed action which can be found in the docket. EPA received no adverse comments. II. Summary of SIP Revision and EPA Analysis The SIP revision incorporates amendments to 25 Pa. Code Chapter 123 section 22 which set the maximum allowable sulfur content limit for various fuel types into the Pennsylvania SIP. The amendments to 25 Pa. Code Chapter 123.22, reduce the SIP approved maximum allowable sulfur content limit for No. 2 and lighter commercial fuel oil, generally sold for and used in residential and commercial furnaces and oil heat burners for home DATES: This final rule is effective on or space heating, water heating, or both, April 4, 2022. from a limit of 500 ppm of sulfur to 15 ADDRESSES: EPA has established a ppm. The amendments to 25 Pa. 123.22, docket for this action under Docket ID became effective on September 1, 2020. The low-sulfur fuel oil provisions will Number EPA–R03–OAR–2021–0482. All aid in reducing regional haze and documents in the docket are listed on VerDate Sep<11>2014 16:05 Mar 03, 2022 Jkt 256001 PO 00000 Frm 00012 Fmt 4700 Sfmt 4700 visibility impairment in Pennsylvania. Additionally, decreased emissions of sulfur dioxide (SO2) will contribute to the attainment, maintenance, or both, of the SO2 and fine particulate matter (PM2.5) National Ambient Air Quality Standards (NAAQS) in Pennsylvania and surrounding areas. Other specific requirements of the SIP revision and the rationale for EPA’s proposed action are explained in the NPRM and will not be restated here. Relevant support documents for this action are available online at https://www.regulations.gov, Docket number EPA–R03–OAR–2021– 0482. III. EPA’s Response to Comments Received EPA received one comment, from the State of New Jersey, supporting our proposed action in the December 15, 2021, NPRM. The comment received is in the docket for this rulemaking action. We received no adverse comments. IV. Final Action EPA is approving, as a SIP revision, the Commonwealth of Pennsylvania’s September 4, 2020, submittal revising the maximum allowable sulfur content limit for No. 2 and lighter commercial fuel oil. V. Incorporation by Reference In this document, EPA is finalizing regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, EPA is finalizing the incorporation by reference of Pennsylvania’s maximum allowable sulfur content limit for No. 2 and lighter commercial fuel oil regulation described in 25 Pa. Code Chapter 123. EPA has made, and will continue to make, these materials generally available through https:// www.regulations.gov and at the EPA Region III Office (please contact the person identified in the FOR FURTHER INFORMATION CONTACT section of this preamble for more information). Therefore, these materials have been approved by EPA for inclusion in the SIP, have been incorporated by reference by EPA into that plan, are fully federally enforceable under sections 110 and 113 of the CAA as of the effective date of the final rulemaking of EPA’s approval, and will be incorporated by reference in the next update to the SIP compilation.1 1 62 FR 27968 (May 22, 1997). E:\FR\FM\04MRR1.SGM 04MRR1

Agencies

[Federal Register Volume 87, Number 43 (Friday, March 4, 2022)]
[Rules and Regulations]
[Pages 12402-12404]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-04509]


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DEPARTMENT OF JUSTICE

Office of the Attorney General

28 CFR Part 0

[Docket No. OAG 175; AG Order No. 5536-2022]


Revisions to Approval of Civil Consent Decrees With State and 
Local Governmental Entities

AGENCY: Office of the Attorney General, Department of Justice.

ACTION: Final rule.

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

SUMMARY: This final rule revises the regulations of the Department of 
Justice (``Department'') to restore the traditional process regarding 
the approval procedures to be used when a civil action against a State 
or local governmental entity is to be resolved by consent decree.

DATES: This rule is effective March 4, 2022.

FOR FURTHER INFORMATION CONTACT: Robert Hinchman, Senior Counsel, 
Office of Legal Policy, U.S. Department of Justice, Room 4252 RFK 
Building, 950 Pennsylvania Avenue NW, Washington, DC 20530, telephone 
(202) 514-8059 (not a toll-free number).

SUPPLEMENTARY INFORMATION:

I. Discussion

A. Overview

    This rule implements the April 16, 2021 Memorandum of Attorney 
General Merrick B. Garland titled ``Civil Settlement Agreements and 
Consent Decrees with State and Local Governmental Entities'' (the 
``April 2021 Memorandum''), available at https://www.justice.gov/ag/page/file/1387481/download. Specifically, this rule withdraws the 
changes made to the Department's regulations by the rule ``Approval of 
Civil Consent Decrees With State and Local Governmental Entities'' 
published on December 28, 2020 (85 FR 84229).
    The April 2021 Memorandum also specifically rescinded the 
Memorandum issued by former Attorney General Jefferson B. Sessions III, 
entitled ``Principles and Procedures for Civil Consent Decrees and 
Settlement

[[Page 12403]]

Agreements with State and Local Governmental Entities'' (November 7, 
2018) (the ``November 2018 Memorandum'').
    In addition, for consistency with the April 2021 Memorandum, the 
Department will revise the changes made to the Justice Manual in 2020 
in response to the November 2018 Memorandum.

B. Background--Previous Administration

    The November 2018 Memorandum set forth principles to guide the 
development of consent decrees with State or local governmental 
entities, including limitations on the circumstances in which a consent 
decree with a State or local governmental entity may be appropriate, 
the substantive requirements for such consent decrees, internal 
notification requirements regarding the initiation of negotiations for 
consent decrees, and a requirement of review and approval of senior 
leadership of the Department before a consent decree is agreed to by 
the United States or submitted to the court for entry. Subsequently, 
conforming changes were made to the Justice Manual and to the 
Department's regulations at 28 CFR 0.160. The revisions to Sec.  0.160, 
codified at paragraphs (d)(6) and (e), were limited to amending the 
Department's settlement authority regulations to require approval of 
the specified consent decrees by the Deputy Attorney General or the 
Associate Attorney General. See 85 FR 84229 (Dec. 28, 2020).

C. Current Administration

    Upon further consideration, the Attorney General has determined to 
restore longstanding regulations, protocols, and practices by 
authorizing the Assistant Attorneys General of the litigating 
components generally to handle such approvals because they are the 
Department officials most familiar with and best able to assess each 
particular case.
    Accordingly, this rule restores the regulatory provisions at 28 CFR 
0.160 as they existed prior to the revisions adopted on December 28, 
2020.\1\
---------------------------------------------------------------------------

    \1\ In addition to other changes made by the December 28, 2020, 
rule, that rule also corrected an existing drafting error by 
removing ``or'' at the end of 28 CFR 0.160(d)(1). That was a non-
substantive change, and accordingly this final rule does not undo 
that technical correction.
---------------------------------------------------------------------------

    The April 2021 Memorandum also noted that, pursuant to longstanding 
Department settlement authority regulations predating the changes 
discussed above, and still in effect, a settlement agreement or consent 
decree with a State or local governmental entity must be referred to 
the Deputy Attorney General or the Associate Attorney General for 
approval if the component head ``is of the opinion that[,] because of a 
question of law or policy presented . . . or for any other reason, the 
proposed settlement should receive the personal attention of the Deputy 
Attorney General or the Associate Attorney General, as appropriate.'' 
28 CFR 0.160(d)(2).

II. Regulatory Certifications

A. Administrative Procedure Act

    This rule relates to a matter of agency management or personnel and 
is a rule of agency organization, procedure, or practice. As such, this 
rule is exempt from the usual requirements of prior notice and comment 
and a 30-day delay in effective date. See 5 U.S.C. 553(a)(2), (b)(A), 
(d).

B. Regulatory Flexibility Act

    A Regulatory Flexibility Analysis was not required for this final 
rule because the Department was not required to publish a general 
notice of proposed rulemaking for this matter. See 5 U.S.C. 601(2), 
604(a).

C. Executive Orders 12866 and 13563--Regulatory Review

    This rule has been drafted and reviewed in accordance with 
Executive Order 12866, ``Regulatory Planning and Review,'' section 
1(b), The Principles of Regulation, and Executive Order 13563, 
``Improving Regulation and Regulatory Review,'' section 1, General 
Principles of Regulation.
    This final rule is ``limited to agency organization, management, or 
personnel matters'' and thus is not a ``rule'' for purposes of review 
by the Office of Management and Budget. Executive Order 12866, sec. 
3(d)(3).

D. Executive Order 12988--Civil Justice Reform

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

E. 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. This rule only pertains to the internal 
delegation of the Attorney General's litigation authority, regarding 
the authority of the Department's litigation components for approval of 
consent decrees entered into by the Department. 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.

F. 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 (adjusted for inflation) in any one year, and it will 
not significantly or uniquely affect small governments. Therefore, no 
actions are necessary under the provisions of the Unfunded Mandates 
Reform Act of 1995, 2 U.S.C. 1501 et seq.

G. Congressional Review Act

    This rule is not a major rule as defined by section 804 of the 
Congressional Review Act (CRA), 5 U.S.C. 804. This action pertains to 
agency management or personnel, and agency organization, procedure, or 
practice, and does not substantially affect the rights or obligations 
of non-agency parties. Accordingly, it is not a ``rule'' as that term 
is used in the CRA, 5 U.S.C. 804(3)(B), (C). Therefore, the reporting 
requirement of 5 U.S.C. 801 does not apply.

H. Paperwork Reduction Act of 1995

    This final rule does not impose any new reporting or recordkeeping 
requirements under the Paperwork Reduction Act of 1995, 44 U.S.C. 3501-
3521.

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, 510, part 0 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 Sec.  0.160:
0
a. Revise paragraphs (d)(4) and (5); and

[[Page 12404]]

0
b. Remove paragraphs (d)(6) and (e).
    The revisions read as follows:


Sec.  0.160   Offers that may be accepted by Assistant Attorneys 
General.

* * * * *
    (d) * * *
    (4) When the proposed settlement commits a department or agency to 
expend funds that Congress has not appropriated and that have not been 
budgeted for the action in question, or commits a department or agency 
to seek particular appropriation or budget authorization; or
    (5) When the proposed settlement otherwise limits the discretion of 
a department or agency to make policy or managerial decisions committed 
to the department or agency by Congress or by the Constitution.

    Dated: February 18, 2022.
Merrick B. Garland,
Attorney General.
[FR Doc. 2022-04509 Filed 3-3-22; 8:45 am]
BILLING CODE 4410-BB-P
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