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[Federal Register Volume 79, Number 176 (Thursday, September 11, 2014)]
[Rules and Regulations]
[Pages 54187-54188]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-21678]

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DEPARTMENT OF JUSTICE

Office of the Attorney General

28 CFR Part 0

[OAG Docket No. 143; AG Order No. 3464-2014]

Office of the Pardon Attorney

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

ACTION: Final rule.

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SUMMARY: This rule revises certain regulations of the Department of 
Justice (the ``Department'') that govern the Pardon Attorney. The rule 
conforms the regulations to current practice, under which the Pardon 
Attorney is subject to the direction of, and submits recommendations in 
clemency cases through, the Deputy Attorney General.

DATES: The rule is effective on September 11, 2014.

FOR FURTHER INFORMATION CONTACT: Deborah Leff, United States Department 
of Justice, Suite 11000, 1425 New York Avenue NW., Washington, DC 
20530, or by telephone at (202) 616-6070.

SUPPLEMENTARY INFORMATION: Present regulations of the Department of 
Justice provide that the Pardon Attorney is subject to the direction of 
the Associate Attorney General, and that the Pardon Attorney shall 
submit all recommendations in clemency cases through the Associate 
Attorney General, who in turn shall exercise such discretion and 
authority as is appropriate and necessary for the handling and 
transmittal of such recommendations to the President. See 28 CFR 0.35-
0.36.
    However, it has long been the internal practice of the Department 
for the Pardon Attorney to be subject to the direction of the Deputy 
Attorney General, and to submit clemency recommendations through the 
Deputy Attorney General for handling and transmittal, rather than 
through the Associate Attorney General.
    This rule conforms Department regulations to current practice.

Administrative Procedure Act

    This rule is a rule of agency organization, procedure, and practice 
and is therefore exempt from the usual requirements of prior notice and 
comment and a 30-day delay in effective date. See 5 U.S.C. 553(b). This 
rule is effective upon publication.

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 this rule will not have a significant economic impact on 
a substantial number of small entities because it applies only to 
agency organization, procedure, and practice. Further, a Regulatory 
Flexibility Analysis was not required to be prepared for this rule 
because the Department was not required to publish a general notice of 
proposed rulemaking.

Executive Orders 12866 and 13563--Regulatory Review

    This regulation has been drafted and reviewed in accordance with 
Executive Order 12866, ``Regulatory Planning and Review,'' section 
1(b), Principles of Regulation, and in accordance with Executive Order 
13563, ``Improving Regulation and Regulatory Review,'' section 1(b), 
General Principles of Regulation.
    The Department has determined that this rule is not a ``significant 
regulatory action'' under section 3(f) of Executive Order 12866, 
``Regulatory Planning and Review,'' and accordingly this rule has not 
been reviewed by the Office of Management and Budget.

Executive Order 13132--Federalism

    This rule does not have federalism implications warranting the 
preparation of a Federalism Assessment under section 6 of Executive 
Order 13132 because it is a rule of agency organization, procedure, and 
practice.

Executive Order 12988--Civil Justice Reform

    This rule meets the applicable standards set forth in sections 3(a) 
and

[[Page 54188]]

3(b)(2) of Executive Order 12988, ``Civil Justice Reform.''

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 are necessary 
under the provisions of the Unfunded Mandates Reform Act of 1995.

Congressional Review Act

    This action pertains to agency management 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). 
Therefore, the reports to Congress and the General Accounting Office 
specified by 5 U.S.C. 801 are not required.

List of Subjects in 28 CFR Part 0

    Administrative practice and procedure, 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, 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.

Subpart G--Office of the Pardon Attorney

Sec.  0.35  [Amended]

0
2. In Sec.  0.35, remove the words ``Associate Attorney General'' each 
place they appear and add in their place the words ``Deputy Attorney 
General''.

Sec.  0.36  [Amended]

0
3. In Sec.  0.36, remove the words ``Associate Attorney General'' each 
place they appear and add in their place the words ``Deputy Attorney 
General''.

    Dated: September 5, 2014.
Eric H. Holder, Jr.,
Attorney General.
[FR Doc. 2014-21678 Filed 9-10-14; 8:45 am]
BILLING CODE 4410-29-P
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