[Federal Register Volume 85, Number 229 (Friday, November 27, 2020)]
[Rules and Regulations]
[Pages 75845-75846]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-26222]


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DEPARTMENT OF JUSTICE

28 CFR Part 0

[AG Order No. 4917-2020]


Delegation of Defense Production Act Authority

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

ACTION: Final rule.

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SUMMARY: This final rule authorizes the Assistant Attorney General in 
charge of the Antitrust Division to perform, as the delegate of the 
Attorney General, all functions that the Attorney General is required 
or authorized to perform by section 708 of the Defense Production Act 
(``DPA'').

DATES: Effective Date: November 27, 2020.

FOR FURTHER INFORMATION CONTACT: David G. B. Lawrence, Chief, 
Competition Policy & Advocacy Section, Antitrust Division, U.S. 
Department of Justice, Washington, DC 20530; telephone (202) 532-4698.

SUPPLEMENTARY INFORMATION: Under the DPA, upon finding that conditions 
exist which may pose a direct threat to the national defense or its 
preparedness programs, the President or his designee may consult with 
representatives of industry, business, financing, agriculture, labor, 
and other interests in order to provide for the making by such persons, 
with the approval of the President or his designee, of voluntary 
agreements and plans of action to help

[[Page 75846]]

provide for the national defense. 50 U.S.C. 4558(c)(1)-(2). The DPA 
requires that each proposed voluntary agreement or proposed plan of 
action be reviewed by the Attorney General prior to becoming effective. 
If, after consulting with the Chairman of the Federal Trade Commission, 
the Attorney General finds that the purposes of 50 U.S.C. 4558(c) ``may 
not reasonably be achieved through a voluntary agreement or plan of 
action having less anticompetitive effects or without any voluntary 
agreement or plan of action,'' the agreement or plan may become 
effective. 50 U.S.C. 4558(f)(1)(B).
    The DPA therefore requires action from the Attorney General from 
the standpoint of the antitrust laws. As a result, the Assistant 
Attorney General in charge of the Antitrust Division is already 
assigned the preparation of the Attorney General's approval or 
disapproval whenever such action is required by the DPA from the 
standpoint of the antitrust laws. 28 CFR 0.40(e). Conditions that may 
pose a direct threat to the national defense or its preparedness 
programs are inherently dynamic, and it is of utmost importance to be 
able to respond rapidly to such conditions. Therefore, the Attorney 
General has made the determination to promulgate a regulation 
unambiguously delegating to the Assistant Attorney General in charge of 
the Antitrust Division his authority to perform all functions that the 
Attorney General is required or authorized to perform by section 708 of 
the DPA (50 U.S.C. 4558).

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), 553(b)(A), 553(d).

Regulatory Flexibility Act

    The Attorney General, in accordance with the Regulatory Flexibility 
Act (5 U.S.C. 605(b)), has reviewed this regulation and by approving it 
certifies that this regulation will not have a significant economic 
impact on a substantial number of small entities because it pertains to 
personnel and administrative matters affecting the Department. Further, 
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 Orders 12866, 13563, and 13771--Regulatory Review

    This action has been drafted and reviewed in accordance with 
section 1(b) of Executive Order 12866, ``Regulatory Planning and 
Review,'' and section 1(b) of Executive Order 13563, ``Improving 
Regulation and Regulatory Review.'' 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.
    This rule is not subject to the requirements of Executive Order 
13771, ``Reducing Regulation and Controlling Regulatory Costs,'' 
because it is not a significant regulatory action under Executive Order 
12866, and because it is ``related to agency organization, management, 
or personnel'' and thus not a ``regulation'' or ``rule'' under section 
4(b) of Executive Order 13771.

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 summary impact 
statement.

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 (adjusted annually for inflation), 
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 
organization 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), (C). 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), Government employees, 
National defense, 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, 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. Section 0.40(l) is added to read as follows:


Sec.  0.40  General functions.

* * * * *
    (l) As the delegate of the Attorney General, performance of all 
functions that the Attorney General is required or authorized to 
perform by section 708 of the Defense Production Act (50 U.S.C. 4558).

    Dated: November 20, 2020.
William P. Barr,
Attorney General.
[FR Doc. 2020-26222 Filed 11-25-20; 8:45 am]
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