51698 Federal Register / Vol. 77, No. 166 / Monday, August 27, 2012 / Rules and Regulations 

access the registry among various clients 

of that telemarketer or service provider. 

(d) Each person who pays, either 

directly or through another person, the 

annual fee set forth in § 310.8(c), each 

person excepted under § 310.8(c) from 

paying the annual fee, and each person 

excepted from paying an annual fee 

under § 310.4(b)(1)(iii)(B), will be 

provided a unique account number that 

will allow that person to access the 

registry data for the selected area codes 

at any time for the twelve month period 

beginning on the first day of the month 

in which the person paid the fee (‘‘the 

annual period’’). To obtain access to 

additional area codes of data during the 

first six months of the annual period, 

each person required to pay the fee 

under § 310.8(c) must first pay $58 for 

each additional area code of data not 

initially selected. To obtain access to 

additional area codes of data during the 

second six months of the annual period, 

each person required to pay the fee 

under § 310.8(c) must first pay $29 for 

each additional area code of data not 

initially selected. The payment of the 

additional fee will permit the person to 

access the additional area codes of data 

for the remainder of the annual period. 

* * * * * 

By direction of the Commission. 

Donald S. Clark, 

Secretary. 

[FR Doc. 2012–21041 Filed 8–24–12; 8:45 am] 

BILLING CODE 6750–01–P 

DEPARTMENT OF JUSTICE 

28 CFR Part 0 

[AG Order No. 3342–2012] 

Authorization To Seize Property 

Involved in Drug Offenses for 

Administrative Forfeiture (2012R–9P) 

AGENCY: Department of Justice. 

ACTION: Final rule. 

SUMMARY: The Department of Justice is 

amending its regulations to allow the 

Director of the Bureau of Alcohol, 

Tobacco, Firearms, and Explosives 

(ATF) to exercise, for a one-year period 

following the effective date of this rule, 

the authority to seize and 

administratively forfeit property 

involved in controlled substance 

offenses. Many years of experience have 

demonstrated that forfeiting the assets of 

criminals is an essential tool in 

combating criminal activity and 

provides law enforcement with the 

capacity to dismantle criminal 

organizations that would continue to 

function after the conviction and 

incarceration of individual offenders. 

Moreover, administrative forfeiture 

permits the expedient and effective use 

of this crucial law enforcement tool. 

DATES: This rule is effective February 

25, 2013. 

FOR FURTHER INFORMATION CONTACT: 

Denise Brown, Enforcement Programs 

and Services, Bureau of Alcohol, 

Tobacco, Firearms, and Explosives, U.S. 

Department of Justice, 99 New York 

Avenue NE., Washington, DC 20226, 

telephone: (202) 648–7105. 

SUPPLEMENTARY INFORMATION: 

Background 

The Attorney General has delegated to 

ATF the authority to investigate, seize, 

and forfeit property involved in a 

violation or attempted violation within 

its investigative jurisdiction. See 28 CFR 

0.130(b). ATF investigations focusing on 

violent crime frequently involve 

complex criminal organizations with 

multiple criminal enterprises and 

uncover drug-related offenses in 

addition to offenses within ATF’s 

primary jurisdiction, such as violations 

of the Gun Control Act, 18 U.S.C. 

Chapter 44, or the Contraband Cigarette 

Trafficking Act, 18 U.S.C. Chapter 114. 

In such investigations, ATF does not 

currently have authority under 21 

U.S.C. Chapter 13 to seize for 

administrative forfeiture property 

involved in controlled substance 

offenses. Instead, ATF generally refers 

such property to the Drug Enforcement 

Administration (DEA), which is 

primarily responsible for investigating 

violations of drug laws contained in title 

21 of the United States Code. DEA then 

initiates, processes, and concludes all 

necessary forfeiture actions for the 

controlled-substance-related property. 

The Department of Justice believes 

that forfeiting the assets of criminals is 

an essential tool in combating criminal 

activity and provides law enforcement 

with the capacity to dismantle criminal 

organizations that would continue to 

function after conviction and 

incarceration. The Department further 

believes that administrative forfeiture 

permits the expedient and effective use 

of this crucial law enforcement tool. 

An uncontested administrative 

forfeiture can be perfected in 60–90 

days for minimal cost, including the 

statutorily required advertisement and 

notice by registered mail. Conversely, 

the costs associated with judicial 

forfeiture can amount to hundreds or 

thousands of dollars and the judicial 

process generally can take anywhere 

from 6 months to years. In the 

meantime, the government incurs 

additional costs if the property requires 

storage or maintenance until a final 

order of forfeiture can be obtained. 

In recognition of the link between 

drug trafficking and many criminal 

organizations, the Attorney General has 

authorized the Federal Bureau of 

Investigation (FBI) to seize and forfeit 

property under 21 U.S.C. 881. See 28 

CFR 0.85(a). This delegation of authority 

has allowed the FBI to more effectively 

investigate and dismantle criminal 

organizations. 

ATF joined the Department of Justice 

in January 2003 pursuant to the 

Homeland Security Act of 2002 (Pub. L. 

107–296). One of the primary missions 

of the ATF is to combat firearm-related 

violent crime. The nexus between drug 

trafficking and firearm violence is well 

established. The Attorney General, 

however, has not previously delegated 

to ATF title 21 seizure and forfeiture 

authority. On review of the current role 

and mission of ATF within the 

Department of Justice, the Attorney 

General has decided to authorize a 

temporary delegation of title 21 seizure 

and forfeiture authority to determine 

whether such authority can enhance the 

effectiveness of ATF in the investigation 

of violent crimes involving firearms. 

Consequently, by this final rule the 

Attorney General is delegating 

administrative seizure and forfeiture 

authority under 21 U.S.C. 881 to the 

ATF for a trial period of one year. The 

language in this rule delegating 

administrative forfeiture authority to 

ATF is modeled after the language in 

the FBI authorization. ATF may 

continue to exercise this delegated 

authority for all property in its 

possession on or before the end of the 

one-year period, even if this delegation 

is not otherwise extended. 

Final Rule 

This rule amends the regulations in 

28 CFR part 0 to authorize the Director 

of ATF to exercise, for a period of one 

year from the effective date of this final 

rule, the authority to seize, forfeit, and 

remit or mitigate the forfeiture of 

property in accordance with 21 U.S.C. 

881. 

Forfeiting the assets of criminals is an 

essential tool in combating criminal 

activity and provides law enforcement 

with the capacity to dismantle criminal 

organizations that otherwise would 

continue to function after conviction 

and incarceration of individual 

participants. The Attorney General has 

decided to adopt a one-year delegation 

of administrative seizure and forfeiture 

authority to permit ATF to make 

expedient and effective use of this 

crucial law enforcement tool in the 

investigation of organizations and 


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Federal Register / Vol. 77, No. 166 / Monday, August 27, 2012 / Rules and Regulations 51699 

individuals involved in firearm violence 

associated with drug trafficking. After 

considering the effectiveness of this 

delegation over the course of the oneyear period, the Attorney General may 

elect to make the delegation of authority 

to the ATF permanent in a subsequent 

rulemaking. 

Administrative Procedure Act (APA) 

Notice and comment rulemaking is 

not required for this final rule. Under 

the APA, ‘‘rules of agency organization, 

procedure or practice,’’ 5 U.S.C. 

553(b)(A), that do not ‘‘affect[] 

individual rights and obligations,’’ 

Morton v. Ruiz, 415 U.S. 199, 232 

(1974), are exempt from the general 

notice and comment requirements of 

section 553 of title 5 of the United States 

Code. See JEM Broad. Co. v. FCC, 22 

F.3d 320, 326 (D.C. Cir. 1994) (section 

553(b)(A) applies to ‘‘agency actions 

that do not themselves alter the rights or 

interests of parties, although [they] may 

alter the manner in which the parties 

present themselves or their viewpoints 

to the agency’’) (quoting Batterton v. 

Marshall, 648 F.2d 694, 707 (D.C. Cir. 

1980) (internal quotation marks 

omitted)). The revisions to the 

regulations in 28 CFR part 0 are purely 

a matter of agency organization, 

procedure, and practice that will not 

affect individual rights and obligations. 

This rule does not expand the 

government’s ability as a matter of law 

to effectuate forfeitures; it simply 

authorizes the Director of ATF to 

effectuate such forfeitures. Internal 

delegations of authority such as in this 

final rule are ‘‘rules of agency 

organization, procedure, or practice 

under the APA’’. 

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 

because it pertains to personnel and 

administrative matters affecting the 

Department. Further, a Regulatory 

Flexibility Analysis is not required for 

this final rule because the Department 

was not required to publish a general 

notice of proposed rulemaking for this 

matter. 

Executive Order 12866 and Executive 

Order 13563 

This rule has been drafted and 

reviewed in accordance with Executive 

Order 12866, ‘‘Regulatory Planning and 

Review,’’ section 1(b), Principles of 

Regulation, and with Executive Order 

13563, ‘‘Improving Regulation and 

Regulatory Review.,’’ This rule is 

limited to agency organization, 

management, or personnel matters as 

described by Executive Order 12866, 

section 3(d)(3) and, therefore, is not a 

‘‘regulation’’ or ‘‘rule’’ as defined by that 

Executive Order. 

Executive Order 12988 

This regulation meets the applicable 

standards set forth in sections 3(a) and 

3(b)(2) of Executive Order 12988, ‘‘Civil 

Justice Reform.’’ 

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 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. 

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 are 

necessary under the provisions of the 

Unfunded Mandates Reform Act of 

1995, 2 U.S.C. 1501 et seq. 

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 

Fairness Act of 1996 (SBREFA), 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 

the ability of United States-based 

enterprises to compete with foreignbased enterprises in domestic and 

export markets. 

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. 

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. 

Authority and Issuance 

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, and for the reasons set 

forth in the preamble, 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 28 CFR 

Part 0 continues to read as follows: 

Authority: 5 U.S.C. 301; 28 U.S.C. 509, 

510, 515–519. 

■ 2. Section 0.130 is amended by 

designating paragraph (b) as paragraph 

(b)(1) and by adding new paragraph 

(b)(2) to read as follows: 

§ 0.130 General functions. 

* * * * * 

(b)(1) * * * 

(2) Seize, forfeit, and remit or mitigate 

the forfeiture of property in accordance 

with 21 U.S.C. 881 and applicable 

Department of Justice regulations. This 

authority is effective during the 12- 

month period beginning on February 25, 

2013 and ending on February 25, 2014, 

except that it may continue to be 

exercised after February 25, 2014 with 

respect to any property in the Bureau’s 

possession on or before that date. 

* * * * * 

Dated: August 21, 2012. 

Eric H. Holder, Jr., 

Attorney General. 

[FR Doc. 2012–20923 Filed 8–24–12; 8:45 am] 

BILLING CODE 4410–19–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2012–0794] 

Drawbridge Operation Regulation; 

Cape Fear River, Wilmington, NC 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of temporary deviation 

from regulations. 

SUMMARY: The Commander, Fifth Coast 

Guard District, has issued a temporary 


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