5608 Federal Register / Vol. 90, No. 11 / Friday, January 17, 2025 / Rules and Regulations 

organization and does not substantially 

affect the rights or obligations of nonagency parties and, accordingly, is not 

a ‘‘rule’’ as that term is used by the 

Congressional Review Act. See 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 delegation (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, 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. 301; 28 U.S.C. 509, 

510, 515–519. 

§ 0.15 [Amended] 

■ 2. Remove and reserve § 0.15(f). 

■ 3. Revise § 0.23 to read as follows: 

§ 0.23 General functions. 

The Office of Legal Policy shall be 

headed by an Assistant Attorney 

General. The principal responsibilities 

of the Office shall be to plan, develop, 

and coordinate the implementation of 

major policy initiatives of high priority 

to the Department and to the 

Administration. In addition, the 

Assistant Attorney General, Office of 

Legal Policy, shall: 

(a) Examine and study legislation and 

other policy proposals and coordinate 

Departmental efforts to secure 

enactment of those of special interest to 

the Department and the Administration. 

(1) Assist in reviewing and 

coordinating draft regulatory actions, 

notices, and significant guidance 

documents prepared by Department 

components, including by coordinating 

with the Office of Management and 

Budget (‘‘OMB’’) on regulatory actions 

subject to OMB review under Executive 

Order 12866 and related directives, and 

supporting the Department’s review of 

draft documents prepared by other 

agencies that are referred to the 

Department by OMB or other agencies 

as part of interagency regulatory review 

processes. 

(2) Advise and assist the Attorney 

General and the Deputy Attorney 

General regarding the selection and 

appointment of Federal judges. 

(3) Represent the Department on the 

Administrative Conference of the 

United States and, as appropriate, on 

regulatory reform bodies. 

(4) Participate, as appropriate, in 

internal budget meetings of the 

Department with regard to policy 

implications of resource allocations and 

resource implications of major policy 

initiatives; and advise the Assistant 

Attorney General for Administration 

with regard to information requirements 

for Departmental policy formulation. 

(5) Advise appropriate Departmental 

officials, from time to time, on 

investigation, litigation, negotiation, 

penal, or correctional policies to ensure 

the compatibility of those policies with 

overall Departmental goals. 

(6) Perform such other duties and 

functions as may be specially assigned 

by the Attorney General and the Deputy 

Attorney General. 

(b) In carrying out the responsibilities 

under this section, the Assistant 

Attorney General, Office of Legal Policy, 

shall have the right to call upon the 

relevant Departmental units for 

personnel and other assistance. 

§ 0.23b [Removed] 

■ 4. Remove § 0.23b. 

Date: January 14, 2025 

Merrick B. Garland, 

Attorney General. 

[FR Doc. 2025–01339 Filed 1–16–25; 8:45 am] 

BILLING CODE 4410–BB–P 

DEPARTMENT OF JUSTICE 

Office of the Attorney General 

28 CFR Part 0 

[Docket No. JMD 163; AG Order No. 6145– 

2025] 

Office of the Executive Secretariat 

AGENCY: Department of Justice. 

ACTION: Final rule. 

SUMMARY: This rule amends the 

Department’s organizational regulations 

to establish the functions of the Office 

of the Executive Secretariat. 

DATES: Effective January 17, 2025. 

FOR FURTHER INFORMATION CONTACT: 

Adam Kirschner, Chief of Staff and 

Senior Counsel, Office of the Executive 

Secretariat, adam.kirschner@usdoj.gov 

or DOJExecSec@usdoj.gov, (202) 514– 

2063. 

SUPPLEMENTARY INFORMATION: 

I. Summary 

The Office of the Executive Secretariat 

(OES), headed by the Executive 

Secretary, was established as a separate 

component of the Department of Justice 

on August 17, 2023. OES’s functions 

were previously performed by a staff 

within the Justice Management 

Division. As a standalone component, 

OES’s functions, which broadly relate to 

managing the review and approval of 

official Department of Justice leadership 

documents and correspondence, are set 

forth in this regulation. This rule also 

revises 28 CFR 0.1 to add the Office of 

the Executive Secretariat to the list of 

Department components. 

II. Administrative Procedure Act 

This rule is a rule of agency 

organization, procedure, and practice 

and is limited to matters of agency 

management and personnel, and it is 

not a substantive rule. Therefore, this 

rule is 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), (b)(A), (d). 

III. Regulatory Analyses 

In developing this final rule, the 

Department considered numerous 

statutes and executive orders applicable 

to the rulemaking process. The 

Department’s analysis of the 

applicability of those statutes and 

Executive orders to this rule is 

summarized below. 

A. Executive Order 12866 (Regulatory 

Planning and Review), Executive Order 

13563 (Improving Regulation and 

Regulatory Review), and Executive 

Order 14094 (Modernizing Regulatory 

Review) 

This final rule is not a significant 

regulatory action under section 3(f) of 

Executive Order 12866, as 

supplemented by Executive Order 

13563 and amended by Executive Order 

14094. This rule is limited to agency 

organization, management, and 

personnel as described by Executive 

Order 12866, section 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. 

B. Regulatory Flexibility Act 

The Regulatory Flexibility Act of 

1980, 5 U.S.C. 601–12, as amended, 

requires Federal agencies to consider 

the potential impact of regulations on 

small entities during rulemaking. The 

term ‘‘small entities’’ comprises small 

businesses, not-for-profit organizations 

that are independently owned and 


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Federal Register / Vol. 90, No. 11 / Friday, January 17, 2025 / Rules and Regulations 5609 

operated and are not dominant in their 

fields, and governmental jurisdictions 

with populations of less than 50,000. 5 

U.S.C. 601. 

A Regulatory Flexibility Analysis was 

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. 603–604. 

C. Paperwork Reduction Act 

This final rule does not call for a new 

or revised collection of information 

under the Paperwork Reduction Act of 

1995, 44 U.S.C. 3501–3521. 

D. Executive Order 13132 (Federalism) 

A rule has federalism implications 

under Executive Order 13132 if it has a 

substantial direct effect 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. E.O. 13132, sec. 

1(a). The Department has analyzed this 

final rule under that order and 

determined that this rule does not have 

federalism implications. 

E. Unfunded Mandates Reform Act of 

1995 

The Unfunded Mandates Reform Act 

of 1995, 2 U.S.C. 1531–1538, requires 

Federal agencies to determine whether a 

rule, if promulgated, will result in the 

expenditure by State, local, or Tribal 

governments, in the aggregate, or by the 

private sector, of $100 million (adjusted 

annually for inflation) or more in any 

one year. 2 U.S.C. 1532(a). This final 

rule does not require or result in 

expenditures by any of the above-named 

entities. 

F. Executive Order 12988 (Civil Justice 

Reform), Plain Language 

This final rule meets applicable 

standards in sections 3(a) and 3(b)(2) of 

Executive Order 12988. 

G. Executive Order 13175 (Consultation 

and Coordination With Indian Tribal 

Governments) 

This final rule does not have Tribal 

implications under Executive Order 

13175 because it would not have a 

substantial direct effect on one or more 

Indian Tribes, on the relationship 

between the Federal Government and 

Indian Tribes, or on the distribution of 

power and responsibilities between the 

Federal Government and Indian Tribes. 

H. Congressional Review Act 

This rule relates to agency 

management, personnel, and 

organization, and does not substantially 

affect the rights or obligations of nonagency parties. 5 U.S.C. 804(3)(B), (C). 

This action is accordingly not a ‘‘rule’’ 

as that term is used in the Congressional 

Review Act, see 5 U.S.C. 804(3), and the 

reporting requirement of 5 U.S.C. 801 

does not apply. 

List of Subjects for 28 CFR Part 0 

Authority delegations (Government 

agencies), Government employees, 

Organization and functions 

(Government agencies). 

Authority and Issuance 

For the reasons stated above, the 

Department of Justice amends 28 CFR 

part 0 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. 301; 28 U.S.C. 509, 

510, 515–519. 

■ 2. Revise § 0.1 to read as follows: 

§ 0.1 Organizational units. 

The Department of Justice shall 

consist of the following principal 

organizational units: 

TABLE 1 TO § 0.1 

Offices: 

Office of the Attorney General. 

Office of the Deputy Attorney General. 

Office of the Associate Attorney General. 

Office of the Solicitor General. 

Office of Legal Counsel. 

Office of Legislative Affairs. 

Office of Professional Responsibility. 

Office of Legal Policy. 

Office of Public Affairs. 

Office of the Pardon Attorney. 

Office of Special Counsel for Immigration Related Unfair Employment Practices. 

Community Relations Service. 

Executive Office for Immigration Review. 

Executive Office for United States Attorneys. 

Executive Office for United States Trustees. 

INTERPOL—United States National Central Bureau. 

Office of International Programs. 

Office of Community Oriented Policing Services. 

Office on Violence Against Women. 

Office of the Federal Detention Trustee. 

Professional Responsibility Advisory Office. 

Office of Tribal Justice. 

Office for Access to Justice. 

Office of the Executive Secretariat. 

Divisions: 

Antitrust Division. 

Civil Division. 

Civil Rights Division. 

Criminal Division. 

Environment and Natural Resources Division. 

National Security Division. 

Tax Division. 

Justice Management Division. 


KHAMMOND on DSK9W7S144PROD with RULES
5610 Federal Register / Vol. 90, No. 11 / Friday, January 17, 2025 / Rules and Regulations 

TABLE 1 TO § 0.1—Continued 

Bureaus: 

Federal Bureau of Investigation. 

Bureau of Prisons. 

Drug Enforcement Administration. 

Office of Justice Programs (and related agencies). 

United States Marshals Service. 

Bureau of Alcohol, Tobacco, Firearms, and Explosives. 

Boards: 

Board of Immigration Appeals. 

U.S. Parole Commission. 

Foreign Claims Settlement Commission. 

■ 3. Add subpart O–1, consisting of 

§ 0.81, to read as follows: 

Subpart O–1—Office of the Executive 

Secretariat 

§ 0.81 Office of the Executive Secretariat. 

(a) The Office of the Executive 

Secretariat is headed by an Executive 

Secretary. The Executive Secretary is 

appointed by the Attorney General and 

reports to the Deputy Attorney General. 

(b) The Office of the Executive 

Secretariat shall: 

(1) Ensure that official documents 

requiring the review, approval, or 

signature by the Attorney General, 

Deputy Attorney General, or Associate 

Attorney General are assigned, tracked, 

and cleared within the Department of 

Justice, as appropriate. 

(2) Manage select correspondence 

within the Department of Justice. 

Correspondence refers to written 

communication from Department 

stakeholders addressed to the Attorney 

General, Deputy Attorney General, or 

the Associate Attorney General, or, as 

appropriate, other leadership within the 

Department of Justice. 

(3) Manage select interagency requests 

for official approval or concurrence by 

the Attorney General, Deputy Attorney 

General, or Associate Attorney General; 

Departmental clearances; and 

submissions from other agencies for 

review within the Department of Justice. 

(4) Ensure that records maintained by 

the Office of the Executive Secretariat 

are managed and preserved in 

accordance with applicable statutes, 

regulations, and policies, including but 

not limited to the Federal Records Act, 

Privacy Act of 1974, Freedom of 

Information Act, and U.S. National 

Archives and Records Administrationapproved records schedules. 

(5) Perform such other duties and 

assignments as directed by the Attorney 

General or the Deputy Attorney General. 

Dated: January 14, 2025. 

Merrick B. Garland, 

Attorney General. 

[FR Doc. 2025–01338 Filed 1–16–25; 8:45 am] 

BILLING CODE 4410–PR–P 

FEDERAL MINE SAFETY AND HEALTH 

REVIEW COMMISSION 

29 CFR Part 2700 

Procedural Rules 

AGENCY: Federal Mine Safety and Health 

Review Commission. 

ACTION: Final rule. 

SUMMARY: The Federal Mine Safety and 

Health Review Commission (the 

‘‘Commission’’) is an independent 

adjudicatory agency that provides trials 

and appellate review of cases arising 

under the Federal Mine Safety and 

Health Act of 1977 (the ‘‘Mine Act’’). 

Trials are held before the Commission’s 

Administrative Law Judges, and 

appellate review is provided by a fivemember Review Commission appointed 

by the President and confirmed by the 

Senate. This rule makes final revisions 

to many of the Commission’s procedural 

rules. The Commission makes these 

changes in a continued effort to ensure 

the just, speedy, and inexpensive 

determination of all proceedings before 

the Commission. 

DATES: These final rules are effective on 

March 3, 2025. The Commission will 

accept written and electronic comments 

received on or before February 18, 2025. 

ADDRESSES: Written comments should 

be mailed to Michael A. McCord, 

General Counsel, Office of the General 

Counsel, Federal Mine Safety and 

Health Review Commission, 1331 

Pennsylvania Ave. NW, Suite 520N, 

Washington, DC 20004–1710. Electronic 

comments should state ‘‘Comments on 

Procedural Rules’’ in the subject line 

and be sent to RulesComments@

fmshrc.gov. 

FOR FURTHER INFORMATION CONTACT: 

Sarah Stewart, Deputy General Counsel, 

Office of the General Counsel, Federal 

Mine Safety and Health Review 

Commission, at (202) 434–9935. 

SUPPLEMENTARY INFORMATION: The final 

rules will apply to cases initiated after 

the rules take effect. The final rules also 

will apply to further proceedings in 

cases pending on the effective date, 

except to the extent that such 

application would be infeasible or 

unfair, in which event the former 

procedural rules would continue to 

apply. 

I. Background 

In October 2020, the Commission 

published a Notice of Proposed 

Rulemaking (‘‘NPRM’’). 85 FR 63,047 

(Oct. 6, 2020). In the notice, the 

Commission explained that it proposed 

both new rules and revisions to its 

current rules that reflect the 

Commission’s practices. The 

Commission proposed adding new 

Commission Procedural Rule 32 which 

pertained to motions to reopen orders 

that have become final as the result of 

a failure to make a timely filing. The 

Commission also proposed new 

Commission Procedural Rule 72 which 

described the method by which the 

Commission empanels Commissioners, 

as authorized by section 113(c) of the 

Mine Act, 30 U.S.C. 823(c). The 

Commission proposed adding 

provisions to § 2700.5(e) for protecting 

sensitive commercial information, and 

for placing sensitive documents under 

Commission seal. In addition, the 

Commission proposed numerous 

changes with respect to § 2700.80, 

which more fully describe the 

Commission’s process for investigating 

and making determinations in 

disciplinary proceedings. Finally, the 

Commission proposed more technical 

changes, including those necessitated by 

the evolution of the Commission’s 

electronic management of its dockets, as 

well as other corrections and stylistic 

changes. 

Although the proposed rules were 

procedural in nature and did not require 

notice and comment publication under 


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