[Federal Register Volume 74, Number 117 (Friday, June 19, 2009)]
[Rules and Regulations]
[Pages 29128-29129]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-14413]


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DEPARTMENT OF JUSTICE

Office of the Attorney General

28 CFR Part 0

[Docket No. OAG 128; A.G. Order No. 3085-2009]


Organization; Office of Information Policy

AGENCY: Department of Justice.

ACTION: Final rule.

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SUMMARY: This rule updates the regulation that describes the structure, 
functions, and responsibilities of the Office of Information Policy of 
the Department of Justice. The rule updates the description of the 
Office to reflect certain changes to its structure and organizational 
location.

DATES: Effective Date: June 19, 2009.

FOR FURTHER INFORMATION CONTACT: Janice Galli McLeod, Associate 
Director, Office of Information Policy, U.S. Department of Justice, 
Washington, DC 20530, (202) 514-3642.

SUPPLEMENTARY INFORMATION: This rule revises the Department's 
description of the Office of Information Policy to reflect the Office's 
establishment as a separate component within the Department of Justice. 
References to the advice and training formerly provided by the Office 
of Information Policy on Privacy Act matters have been deleted in light 
of the performance of those tasks by the recently created Office of 
Privacy and Civil Liberties.

Administrative Procedure Act

    This rule relates to a matter of agency management or personnel and 
therefore is exempt from the usual requirements of prior notice and 
comment and a 30-day delay in effective date. See 5 U.S.C. 553(a)(2).

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. 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.

Executive Order 12866

    This rule has been drafted and reviewed in accordance with 
Executive Order 12866, ``Regulatory Planning and Review,'' section 
1(b), ``Principles of Regulation.'' 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 rule has 
not been reviewed by the Office of Management and Budget.

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 of Justice has determined that 
this rule does not have sufficient federalism implications to warrant 
the preparation of a federalism summary impact statement.

Executive Order 12988

    This rule meets the applicable standards provided in sections 3(a) 
and 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 
million 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, 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, 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 cost or prices; or 
significant adverse effects on competition, employment, investment, 
productivity, innovation, or the ability of United States-based 
companies to compete with foreign-based companies in domestic and 
export markets.
    This action pertains to agency management, personnel, and 
organization and does not substantially affect the rights or 
obligations of non-agency parties. Accordingly, it is not a ``rule'' 
for purposes of the reporting requirement of 5 U.S.C. 801.

[[Page 29129]]

Congressional Review Act

    This action pertains to agency organization and management and does 
not substantially affect the rights or obligations of non-agency 
parties. Accordingly, it 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).


0
Accordingly, by virtue of the authority vested in me as Attorney 
General, including 5 U.S.C. 301 and 28 U.S.C. 509 and 510, part 0 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, 515-19.


Sec.  0.23a  [Redesignated as Sec.  0.24]

0
2. Section 0.23a, currently under Subpart D-2, is redesignated as Sec.  
0.24, transferred to new Subpart D-3, and revised to read as follows:

Subpart D-3--Office of Information Policy


Sec.  0.24  General functions.

    The Office of Information Policy shall be headed by a Director 
appointed by the Attorney General. The Director shall report to the 
Associate Attorney General. The following functions are assigned to, 
and shall be conducted, handled, or supervised by the Director of the 
Office of Information Policy:
    (a) Exercising the power and performing the functions vested in the 
Attorney General under 5 U.S.C. 552(e).
    (b) Developing, coordinating, and implementing policy with regard 
to the Freedom of Information Act (``FOIA''), including publishing 
guidance and other material related to FOIA matters;
    (c) Providing legal assistance and advice to government agencies 
and organizational components of the Department on questions regarding 
the interpretation and application of the FOIA;
    (d) Undertaking, arranging, or supporting training and 
informational programs concerning the FOIA for government agencies and 
the Department;
    (e) Responding to initial requests made under the FOIA and the 
Privacy Act for the Office of Information Policy, as well as for the 
following Leadership Offices:
    (i) Office of the Attorney General;
    (ii) Office of the Deputy Attorney General;
    (iii) Office of the Associate Attorney General;
    (iv) Office of Legal Policy;
    (v) Office of Legislative Affairs;
    (vi) Office of Public Affairs;
    (vii) Office of Intergovernmental and Public Liaison; and
    (viii) Any other Department component that the Attorney General 
assigns to the Office of Information Policy for responding to requests 
made to such component under the FOIA and the Privacy Act.
    (f) Acting on behalf of the Attorney General on FOIA and Privacy 
Act access administrative appeals for all components of the Department, 
except that a denial of a request by the Attorney General is the final 
action of the Department on that request;
    (g) Representing government agencies in civil litigation claims 
arising under the FOIA through and under the direction of the United 
States Attorney's Office for the District of Columbia and any such 
other districts as may be designated;
    (h) Providing staff support to the Department Review Committee, 
established by Sec.  17.14 of this chapter; and
    (i) Encouraging all Federal agencies that intend to deny FOIA 
requests raising novel issues to consult with the Office of Information 
Policy to the extent practicable.

    Dated: June 12, 2009.
Eric H. Holder, Jr.,
Attorney General.
[FR Doc. E9-14413 Filed 6-18-09; 8:45 am]
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