[Federal Register Volume 74, Number 177 (Tuesday, September 15, 2009)]
[Rules and Regulations]
[Pages 47096-47097]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-22124]


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DEPARTMENT OF JUSTICE

28 CFR Part 0

[Docket No. AG Order No. 3108-2009]


The Attorney General's Advisory Committee of United States 
Attorneys

AGENCY: Department of Justice.

ACTION: Final rule.

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SUMMARY: This rule amends the Department of Justice regulation 
concerning the Attorney General's Advisory Committee of United States 
Attorneys. The amendments will provide the Attorney General greater 
flexibility in determining the size of the Committee, and will provide 
that the Attorney General will select the Committee's leadership.

DATES: Effective Date: September 15, 2009.

FOR FURTHER INFORMATION CONTACT: Norman Wong, Deputy Director and 
Counsel to the Director, Executive Office for United States Attorneys, 
Department of Justice, 950 Pennsylvania Avenue, Washington, DC 20530 
(202) 514-2121.
    SUPPLEMENTARY INFORMATION: This regulation recognizes that the 
United States Attorneys, as Presidential appointees having 
responsibilities mandated by Congress (28 U.S.C. 547), should be 
afforded an appropriate and formal means for contributing to the 
development of Department of Justice policies and procedures. The 
Attorney General's Advisory Committee of United States Attorneys 
(``Committee'') aids the improvement of communication between federal 
and state law enforcement officials, the promotion of greater 
consistency in the application of legal standards, and the improvement 
of the criminal justice system at all levels of government. Under the 
existing regulation, the Committee is composed of fifteen members 
designated by the Attorney General, and the Committee is charged with 
selecting its leadership. Under the revised regulation, the Attorney 
General will determine the number of Committee members and will select 
from the membership a chairperson and vice-chairperson. The United 
States Attorney for the District of Columbia will serve as an ex 
officio member.

Administrative Procedure Act

    This rule is a rule of agency organization and procedure, and 
relates to the internal management of the Department of Justice. It is 
therefore exempt from the requirements of notice and comments and a 
delayed effective date. 5 U.S.C. 553(b), (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 was not required to be prepared for 
this final rule since the Department was not required to publish a 
general notice of proposed rulemaking for this matter.

[[Page 47097]]

Regulatory Order 12866--Regulatory Planning and Review

    This action has been drafted and reviewed in accordance with 
Executive Order 12866, Regulatory Planning and Review, Sec.  1(b), 
Principles of Regulation. This rule is limited to agency organization, 
management and personnel as described by Executive Order 12866 Sec.  
3(d)(3) and, therefore, is not a ``regulation'' or ``rule'' as defined 
by that Executive Order. Accordingly, this action has not been reviewed 
by the Office of Management and Budget.

Executive Order 12988--Civil Justice Reform

    This regulation meets the applicable standards set forth in 
sections 3(a) and 3(b)(2) of Executive Order 12988.

Executive Order 13132--Federalism

    This regulation 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, it is determined that this rule does not have sufficient 
federalism implications to warrant the preparation of a Federal 
Assessment.

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.

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 (Subtitle E of the 
Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA)). 
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, 
Organization and functions (government agencies), Whistleblowing.

0
By virtue of the authority vested in me by 28 U.S.C. 509 and 510, and 5 
U.S.C. 301, Subpart B of Part 0 of Chapter I of Title 28, Code of 
Federal Regulations, is amended as follows:

PART 0--ORGANIZATION OF THE DEPARTMENT OF JUSTICE

0
1. The authority citation of Part 0 continues to read as follows:

    Authority: 5 U.S.C. 301; 28 U.S.C. 209, 510, 515-519.


0
2. In Sec.  0.10, paragraphs (a) and (c) are revised to read:


Sec.  0.10  Attorney General's Advisory Committee of United States 
Attorneys.

    (a) The Attorney General's Advisory Committee of United States 
Attorneys shall consist of an appropriate number of United States 
Attorneys, designated by the Attorney General. The membership shall be 
selected to represent the various geographic areas of the Nation and 
various sized United States Attorneys' Offices. Members shall serve at 
the pleasure of the Attorney General, but such service normally shall 
not exceed three years and shall be subject to adjustment by the 
Attorney General so as to assure the annual rotation of approximately 
one-third of the Committee's membership. The United States Attorney for 
the District of Columbia shall serve as an ex officio member of the 
Committee. The Attorney General may designate additional personnel from 
United States Attorneys' Offices to serve as members of the Committee.
* * * * *
    (c) The Attorney General will select from the Committee's 
membership a chairperson and a vice-chairperson. The Attorney General 
may establish such subcommittees as deemed necessary to carry out the 
Committee's objectives. The Committee, in consultation with the 
Director of the Executive Office for United States Attorneys, will 
select chairpersons for such subcommittees. United States Attorneys who 
are not members of the Committee may be included in the membership of 
subcommittees.
* * * * *

     Dated: September 4, 2009.
Eric H. Holder, Jr.,
Attorney General.
[FR Doc. E9-22124 Filed 9-14-09; 8:45 am]
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