36846 Federal Register / Vol. 63, No. 130 /Wednesday, July 8, 1998 /Rules and Regulations

SUPPLEMENTARY INFORMATION: This

amendment to 14 CFR part 71

establishes the Class E airspace at

Johnson City, TX. The development of

two GPS SIAP’s to the Harris Ranch

Airport, Johnson City, TX, has made this

rule necessary. This action is intended

to provide adequate controlled airspace

extending upward from 700 feet or more

above the surface for IFR operations to

the Harris Ranch Airport, Johnson City,

TX.

Class E airspace designations are

published in Paragraph 6005 of FAA

Order 7400.9E, dated September 10,

1997, and effective September 16, 1997,

which is incorporated by reference in 14

CFR § 71.1. The Class E airspace

designation listed in this document will

be published subsequently in the order.

The Direct Final Rule Procedure

The FAA anticipates that this

regulation will not result in any adverse

or negative comment and therefore is

issuing it as a direct final rule. A

substantial number of previous

opportunities provided to the public to

comment on substantially identical

actions have resulted in negligible

adverse comments or objections. Unless

a written adverse or negative comment,

or a written notice of intent to submit

an adverse or negative comment, is

received within the comment period,

the regulation will become effective on

the date specified above. After the close

of the comment period, the FAA will

publish a document in the Federal

Register indicating that no adverse or

negative comments were received and

confirming the date on which the final

rule will become effective. If the FAA

does receive, within the comment

period, an adverse or negative comment

or written notice of intent to submit

such a comment, a document

withdrawing the direct final rule will be

published in the Federal Register, and

a notice of proposed rulemaking may be

published with a new comment period.

Comments Invited

Although this action is in the form of

a final rule and was not preceded by a

notice of proposed rulemaking,

comments are invited on this rule.

Interested persons are invited to

comment on this rule by submitting

such written data, views, or arguments

as they may desire. Communications

should identify the rules Docket number

and be submitted in triplicate to the

address specified under the caption

ADDRESSES. All communications

received on or before the closing date

for comments will be considered, and

this rule may be amended or withdrawn

in light of the comments received.

Factual information that supports the

commenter’s ideas and suggestions is

extremely helpful in evaluating the

effectiveness of this action and

determining whether additional

rulemaking action is needed.

Comments are specifically invited on

the overall regulatory, economic,

environmental, and energy aspects of

the rule that might suggest a need to

modify the rule. All comments

submitted will be available, both before

and after the closing date for comments,

in the Rules Docket for examination by

interested persons. A report that

summarizes each FAA public contact

concerned with the substance of this

action will be filed in the Rules Docket.

Commenters wishing the FAA to

acknowledge receipt of their comments

submitted in response to this rule must

submit a self-addressed, stamped

postcard on which the following

statement is made: ‘‘Comments to

Docket No. 98–ASW–33.’’ The postcard

will be date stamped and returned to the

commenter.

Ageny Findings

The regulations adopted herein 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 12612,

it is determined that this final rule does

not have sufficient federalism

implications to warrant the preparation

of a Federalism Assessment.

Further, the FAA has determined that

this regulation is noncontroversial and

unlikely to result in adverse or negative

comments and only involves an

established body of technical

regulations that require frequent and

routine amendments to keep them

operationally current. Therefore, I

certify that this regulation (1) is not a

‘‘significant regulatory action’’ under

Executive Order 12866; (2) is not a

‘‘significant rule’’ under DOT

Regulatory Policies and Procedures (44

FR 11034; February 26, 1979); and (3) if

promulgated, will not have a significant

economic impact, positive or negative,

on a substantial number of small entities

under the criteria of the Regulatory

Flexibility Act. Since this rule involves

routine matters that will only affect air

traffic procedures and air navigation, it

does not warrant preparation of a

Regulatory Flexibility Analysis because

the anticipated impact is so minimal.

List of Subjects in 14 CFR Part 71

Airspace, Incorporation by reference,

Navigation (air).

Adoption of the Amendment

Accordingly, pursuant to the

authority delegated to me, the Federal

Aviation Administration amends 14

CFR part 71 as follows:

PART 71—DESIGNATION OF CLASS A,

CLASS B, CLASS C, CLASS D, AND

CLASS E AIRSPACE AREAS;

AIRWAYS; ROUTES; AND REPORTING

POINTS

1. The authority citation for 14 CFR

part 71 continues to read as follows:

Authority: 49 U.S.C. 106(g), 40103, 40113,

40120; E.O. 10854; 24 FR 9565, 3 CFR, 1959–

1963 Comp., p. 389.

§ 71.1 [Amended]

2. The incorporation by reference in

14 CFR 71.1 of the Federal Aviation

Administration Order 7400.9E, Airspace

Designations and Reporting Points,

dated September 10, 1997, and effective

September 16, 1997, is amended as

follows:

Paragraph 6005 Class E airspace areas

extending upward from 700 feet or more

above the surface of the Earth.

* * * * *

ASW TX E5 Johnson City, TX [New]

Johnson City, Harris Ranch Airport, TX

(lat. 30°13′11′′ N., long. 98°18′09′′ W.)

That airspace extending upward from 700

feet above the surface within a 6.4-mile

radius of Harris Ranch Airport.

* * * * *

Issued in Fort Worth, TX, on June 30, 1998.

Albert L. Viselli,

Acting Manager, Air Traffic Division,

Southwest Region.

[FR Doc. 98–18099 Filed 7–7–98; 8:45 am]

BILLING CODE 4910–13–M

DEPARTMENT OF JUSTICE

28 CFR Part 0

[AG Order No. 2167–98]

Office of the Inspector General

AGENCY: Department of Justice.

ACTION: Final rule.

SUMMARY: This rule sets forth the

organization, authority, and functions of

the Office of the Inspector General, U.S.

Department of Justice (OIG). The OIG is

an independent entity within the

Department of Justice under the general

supervision of the Attorney General that

conducts investigations, audits,

inspections, and management reviews of

Department personnel, programs, and

operations. Investigations may concern

alleged criminal, civil, and/or

administrative wrongdoing by certain
Federal Register / Vol. 63, No. 130 /Wednesday, July 8, 1998 /Rules and Regulations 36847

Department employees, entities doing

business with the Department, and third

parties seeking to improperly influence

Department employees. Audits,

inspections, and management reviews

are designed to determine the efficiency

and effectiveness of Department

programs; to prevent, detect, and

eliminate fraud, waste, and abuse; and

to recommend, where appropriate,

improvements in operations.

EFFECTIVE DATE: June 25, 1998.

FOR FURTHER INFORMATION CONTACT:

Howard L. Sribnick, General Counsel,

Office of the Inspector General,

Department of Justice, 950 Pennsylvania

Avenue, N.W., Room 4261, Washington,

D.C. 20530, telephone (202) 616–0646.

SUPPLEMENTARY INFORMATION: This

section was not published for public

comment because it pertains to a matter

of internal Department management. In

accordance with 5 U.S.C. 605(b), the

Attorney General certifies that this rule

does not have a significant adverse

economic impact on a substantial

number of small entities and does not

have an effect beyond the internal

operating procedures of the Department

or the OIG. This rule is not considered

to be a rule within the meaning of

section 3(d) of Executive Order 12866,

nor does this rule have federalism

implications warranting the preparation

of a federalism assessment in

accordance with section 6 of Executive

Order 12612.

List of Subjects in 28 CFR Part 0

Authority delegations (Government

agencies), Government employees,

Organizations and functions

(Government agencies), 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. 302; 28 U.S.C. 509,

510, 515–519.

2. A new subpart E–4 is added to read

as follows:

Subpart E–4—Office of the Inspector

General

Sec.

0.29 Organization.

0.29a General functions.

0.29b Reporting allegations of waste, fraud,

or abuse.

0.29c Reporting allegations of employee

misconduct.

0.29d Whistleblower protection for FBI

employees.

0.29e Relationship to other departmental

units.

0.29f Confidentiality.

0.29g Reprisals.

0.29h Specific authorities of the Inspector

General.

0.29i Audit, inspection, and review

authority.

0.29j Law enforcement authority.

Subpart E–4—Office of the Inspector

General

§ 0.29 Organization.

(a) The Office of the Inspector General

(OIG) is composed of the Inspector

General; the Deputy Inspector General;

the Audit, Inspections, Investigations,

and Management and Planning

Divisions; the Special Investigations and

Review Unit; and the Office of General

Counsel.

(b) The OIG is headquartered in

Washington, DC. Investigations Field

Offices and Audit Regional Offices are

located in Washington, DC and

throughout the United States. For a

listing of specific office locations, see

the OIG Internet Website at http://

www.usdoj.gov/oig.

§ 0.29a General functions.

(a) The OIG is a statutorily created

independent entity within the

Department of Justice subject to the

general supervision of the Attorney

General that conducts and supervises

audits, inspections, and investigations

relating to the programs and operations

of the Department; recommends policies

to promote economy, efficiency, and

effectiveness and to prevent and detect

fraud and abuse in Departmental

programs and operations; and keeps the

Attorney General and Congress

informed about the problems and

deficiencies relating to the

administration of the Department and

the necessity for and progress of

corrective action.

(b) In order to carry out its

responsibilities the OIG:

(1) Audits and inspects Department

programs and operations as well as nonDepartment entities contracting with or

receiving benefits from the Department;

(2) Investigates allegations of criminal

wrongdoing and administrative

misconduct on the part of Department

employees, as provided in § 0.29c of this

subpart;

(3) Investigates allegations that

individuals and entities outside of the

Department have engaged in activity

that adversely affects the Department’s

programs and operations;

(4) Undertakes sensitive

investigations of Department operations

and/or personnel, often at the request of

senior Department officials or Congress.

§ 0.29b Reporting allegations of waste,

fraud, or abuse.

Employees shall report evidence and

non-frivolous allegations of waste,

fraud, or abuse relating to the programs

and operations of the Department to the

OIG or to a supervisor for referral to the

OIG.

§ 0.29c Reporting allegations of employee

misconduct.

(a) Reporting to the OIG. Evidence and

non-frivolous allegations of serious

misconduct by Department employees

shall be reported to the OIG except as

provided in § 0.29c(b) through (d) of this

section.

(b) Reporting to the Department’s

Office of Professional Responsibility

(DOJ–OPR). Employees shall report to

DOJ–OPR evidence and non-frivolous

allegations of serious misconduct by

Department attorneys that relate to the

exercise of their authority to investigate,

litigate, or provide legal advice.

Employees shall also report to DOJ–OPR

evidence and non-frivolous allegations

of serious misconduct by Department

law enforcement personnel that are

related to allegations of misconduct by

a Department attorney that relate to the

exercise of the attorney’s authority to

investigate, litigate, or provide legal

advice.

(c) Reporting to the Drug Enforcement

Administration Office of Professional

Responsibility (DEA–OPR). Evidence

and non-frivolous allegations of serious

misconduct by employees of the Drug

Enforcement Administration (DEA)

shall be reported to the Drug

Enforcement Administration Office of

Professional Responsibility (DEA–OPR)

or to the Deputy Attorney General.

(d) Reporting to the Federal Bureau of

Investigation Office of Professional

Responsibility (FBI–OPR). Evidence and

non-frivolous allegations of serious

misconduct by employees of the Federal

Bureau of Investigation (FBI) shall be

reported to the FBI–OPR except as

provided in § 0.29d of this subpart, or to

the Deputy Attorney General.

§ 0.29d Whistleblower protection for FBI

employees.

(a) Protected disclosures by FBI

employees. Disclosures of information

by an FBI employee that the employee

reasonably believes evidences a

violation of any law, rule, or regulation,

or mismanagement, gross waste of

funds, an abuse of authority, or a

substantial and specific danger to public

health or safety are protected

disclosures and may be reported to the

OIG, DOJ–OPR, or FBI–OPR. The OIG
36848 Federal Register / Vol. 63, No. 130 /Wednesday, July 8, 1998 /Rules and Regulations

and DOJ–OPR shall refer such

allegations to FBI–OPR for investigation

unless the Deputy Attorney General

determines that such referral shall not

be made.

(b) Allegations of retaliation against

FBI employees. Allegations of retaliation

against an employee of the FBI who

makes a protected disclosure shall be

reported to the OIG, DOJ–OPR, or the

Deputy Attorney General.

§ 0.29e Relationship to other departmental

units.

(a) The OIG works cooperatively with

other Department components to assure

that allegations of employee misconduct

are investigated by the appropriate

entity:

(1) The OIG refers to DOJ–OPR, FBI–

OPR, or DEA–OPR allegations of

misconduct within their respective

jurisdiction and may refer to another

component the investigation of an

allegation of that component;

(2) DOJ–OPR refers to the OIG, FBI–

OPR, or DEA–OPR allegations involving

misconduct by Department attorneys or

investigators that do not relate to the

exercise of an attorney’s authority to

investigate, litigate, or provide legal

advice;

(3) The FBI and DEA provide

contemporaneous notice to the OIG of

all allegations of serious criminal

conduct and serious administrative

misconduct regarding their respective

senior employees (grade 15 and above)

and all work-related serious criminal

conduct (except travel voucher fraud or

false statements) regarding their other

employees;

(4) The OIG and the FBI notify each

other of the existence of criminal

investigations that fall within their joint

jurisdiction to investigate crimes

involving the operations of the

Department, except where such

notification could compromise the

integrity of an investigation;

(5) Other Department components

report to the OIG all allegations of

serious misconduct involving any of

their employees except allegations

involving Department attorneys and

investigators that relate to an attorney’s

authority to litigate, investigate, or

provide legal advice;

(6) At the request of the Inspector

General, the Deputy Attorney General

may assign to the OIG a matter within

the investigative jurisdiction of another

internal investigative component. In

such instances, the OIG shall either:

(i) Notify the component of its request

to the Deputy Attorney General or

(ii) Request that the Deputy Attorney

General determine that such notification

would undermine the integrity of the

investigation nor jeopardize the

interests of the complainant.

(7) While an issue of investigative

jurisdiction or assignment is pending

before the Deputy Attorney General,

neither the OIG nor the other

investigative component shall undertake

any investigative activity without

authorization from the Deputy Attorney

General.

(b) OIG investigations that result in

findings of potential criminal

misconduct or civil liability are referred

to the appropriate prosecutorial or

litigative office.

(c) The OIG advises DOJ–OPR of the

existence and results of any

investigation that reflects upon the

ethics, competence, or integrity of a

Department attorney for appropriate

action by DOJ–OPR.

(d) OIG investigations that result in

findings of administrative misconduct

are reported to management for

appropriate disposition.

§ 0.29f Confidentiality.

The Inspector General shall not,

during the pendency of an investigation,

disclose the identity of an employee

who submits a complaint to the OIG

without the employee’s consent, unless

the Inspector General determines that

such disclosure is unavoidable in the

course of the investigation.

§ 0.29g Reprisals.

Any employee who has authority to

take, direct others to take, recommend,

or approve any personnel action shall

not, with respect to such authority, take

or threaten to take any action against

any employee as a reprisal for the

employee making a complaint or

disclosing information to the OIG unless

the complaint was made or the

information was disclosed with

knowledge that it was false or with

willful disregard for its truth or falsity.

§ 0.29h Specific authorities of the

Inspector General.

The Inspector General is authorized

to:

(a) Conduct investigations and issue

reports relating to the administration of

the programs and operations of the

Department as are, in the judgment of

the Inspector General, necessary or

desirable;

(b) Receive and investigate complaints

or information from an employee of the

Department concerning the possible

existence of an activity constituting a

violation of law, rules, or regulations, or

mismanagement, gross waste of funds,

an abuse of authority, or a substantial

and specific danger to the public health

and safety;

(c) Have direct and prompt access to

the Attorney General when necessary

for any purpose pertaining to the

performance of the functions and

responsibilities of the OIG;

(d) Have access to all records, reports,

audits, reviews, documents, papers,

recommendations, or other material

available to the Department and its

components that relate to programs and

operations with respect to which the

OIG has responsibilities unless the

Attorney General notifies the Inspector

General, in writing, that such access

shall not be available because it is

necessary to prevent the disclosure of

(1) Sensitive information concerning

ongoing civil or criminal investigations

or proceedings;

(2) Undercover operations;

(3) The identity of confidential

sources, including protected witnesses;

(4) Intelligence or counterintelligence

matters; or

(5) Other matters the disclosure of

which would constitute a serious threat

to national security or significantly

impair the national interests of the

United States;

(e) Request such information or

assistance as may be necessary for

carrying out the duties and

responsibilities of the OIG from any

office, board, division, or component of

the Department, and any Federal, State,

or local governmental agency or unit

thereof;

(f) Issue subpoenas to individuals,

and entities, other than Federal

government agencies, for the production

of information, records, data, and other

documentary evidence necessary to

carry out the functions of the OIG;

(g) Obtain information from Federal

government agencies by means other

than subpoena and advise the head of

such agency whenever information is

unreasonably refused or not provided;

(h) Select, appoint, and employ such

officers and employees as may be

necessary for carrying out the functions,

powers, and duties of the OIG;

(i) Employ on a temporary basis such

experts and consultants as may be

necessary to carry out the duties of the

OIG;

(j) Enter into contracts and other

arrangements for audits, studies,

analyses, and other services with public

agencies and with private persons, and

to make such payments as may be

necessary to carry out the duties of the

OIG;

(k) Take from any person an oath,

affirmation, or affidavit whenever

necessary in the performance of the

functions of the OIG.
Federal Register / Vol. 63, No. 130 /Wednesday, July 8, 1998 /Rules and Regulations 36849

§ 0.29i Audit, inspection, and review

authority.

The OIG is authorized to perform

audits, inspections, and reviews of the

programs and operations of the

Department of Justice and of entities

contracting with or obtaining benefits

from the Department.

§ 0.29j Law enforcement authority.

Special Agents of the OIG are

deputized on an annual basis as Deputy

United States Marshals at the direction

of the Deputy Attorney General and are

authorized to:

(a) Detect and assist in the

prosecution of crimes in violation of the

laws of the United States and to conduct

such other investigations regarding

matters that are within the jurisdiction

of the Inspector General;

(b) Carry firearms;

(c) Seek and execute search and arrest

warrants;

(d) Arrest without warrant any person

committing any offense in the presence

of an OIG Special Agent or whom the

Agent has reasonable grounds to believe

has committed or is committing a

felony;

(e) Serve legal writs, summons,

complaints, and subpoenas issued by

the Inspector General or by a Federal

grand jury;

(f) Receive, transport, and provide

safekeeping of arrestees and other

persons in the custody of the Attorney

General, or detained aliens.

Dated: June 25, 1998.

Janet Reno,

Attorney General.

[FR Doc. 98–17770 Filed 7–7–98; 8:45 am]

BILLING CODE 4410–BD–M

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

[CGD 05–98–046]

RIN 2115–AE46

Special Local Regulations for Marine

Events; Norfolk Harbor, Elizabeth

River, Norfolk and Portsmouth,

Virginia

AGENCY: Coast Guard, DOT.

ACTION: Notice of implementation.

SUMMARY: This notice implements the

special local regulations at 33 CFR

100.501 during the start of Rendezvous

Mile Market Zero, a marine event to be

held on September 5, 1998. These

special local regulations are necessary to

control vessel traffic in the vicinity of

Norfolk Harbor due to the confined

nature of the waterway and expected

vessel congestion during the start of the

event. The effect will be to restrict

general navigation in the regulated area

for the safety of event participants,

spectator craft and other vessels

transiting the event area.

EFFECTIVE DATE: 33 CFR 100.501 is

effective from 10 a.m. to 2 p.m. on

September 5, 1998.

FOR FURTHER INFORMATION CONTACT:

Chief Warrant Officer D. Merrill, Marine

Events Coordinator, Commander, Coast

Guard Group Hampton Roads, 4000

Coast Guard Blvd., Portsmouth, VA

23703–2199, (757) 483–8568.

SUPPLEMENTARY INFORMATION: Ports

Events, Inc., will sponsor the

Rendezvous, Mile Marker Zero, marine

event on September 5, 1998. The event

will consist of 100 powerboats, ranging

in length from 20′ to 60′. The

participants will be divided into 4

groups of 25 boats, with each group

starting at 10 minute intervals from the

Portsmouth seawall area of the Elizabeth

River. They will run to Hampton Roads

and return. A large spectator fleet is

anticipated. Therefore, to ensure the

safety of the racers, spectators and

transiting vessels, 33 CFR 100.501 will

be in effect during the start of the event.

Under provisions of 33 CFR 100.501, a

vessel may not enter the regulated area

unless it receives permission from the

Coast Guard Patrol Commander.

Because these restrictions will be in

effect for a limited period, they should

not result in a significant disruption of

maritime traffic.

Dated: June 23, 1998.

P.M. Stillman,

Captain, U.S. Coast Guard, Acting

Commander, Fifth Coast Guard District.

[FR Doc. 98–18118 Filed 7–7–98; 8:45 am]

BILLING CODE 4910–15–M

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

[CGD 05–98–045]

RIN 2115–AE46

Special Local Regulations for Marine

Events; Virginia is for Lovers Cup

Unlimited Hydroplane Races,

Willoughby Bay, Norfolk, Virginia

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

SUMMARY: Special local regulations are

being adopted for the Virginia is for

Lovers Cup Unlimited Hydroplane

Races to be held in Willoughby Bay,

Norfolk, Virginia. The event will be held

from 8 a.m. to 4 p.m. EDT (Eastern

Daylight Time) July 18 & 19, 1998.

These special local regulations are

necessary to control vessel traffic in the

immediate vicinity of this event. The

effect will be to restrict general

navigation in the regulated area for the

safety of spectators and participants.

EFFECTIVE DATES: This regulation is

effective from 8 a.m. to 4 p.m. EDT on

July 18 & 19, 1998.

FOR FURTHER INFORMATION CONTACT:

CWO D. Merrill, Marine Events

Coordinator, Commander, Coast Guard

Group Hampton Roads, 4000 Coast

Guard Blvd., Portsmouth, Virginia

23703, (757) 483–8521.

SUPPLEMENTARY INFORMATION: In

accordance with 5 U.S.C. 553, a notice

of proposed rulemaking was not

published for this regulation and good

cause exists for making it effective in

less than 30 days from the date of

publication. Following normal

rulemaking procedures would have

been impractical. The request to hold

the event was not submitted until May

26, 1998. Publishing a notice of

proposed rulemaking and delaying its

effective date would be contrary to

safety interests, since immediate action

is needed to minimize potential danger

to the public posed by the large number

of racing vessels participating in this

event.

Discussion of Regulations

On July 18 & 19, 1998, the City of

Norfolk will sponsor the Virginia is for

Lovers Cup Unlimited Hydroplane

Races in Willoughby Bay. The event

will consist of hydroplanes, hydrolights,

Grand Prix and Jersey Speed Skiffs

racing at high speeds along a 2-mile oval

course. Except for participants in the

Virginia is for Lovers Cup Unlimited

Hydroplane Races and vessels

authorized by the Coast Guard Patrol

Commander, no person or vessel may

enter or remain in the regulated area

without the permission of the Patrol

Commander. The Patrol Commander

will allow non-participating vessel to

transit the event area between races.

These regulations are necessary to

control spectator craft and provide for

the safety of life and property on

navigable waters during the event.

Regulatory Evaluation

This rule is not a significant

regulatory action under section 3(f) of

Executive Order 12866 and does not

require an assessment of potential costs

and benefits under section 6(a)(3) of that

order. It has been exempted from review