Organization, functions, and authority delegations: Vacancy, disability, and absence,

[Federal Register: February 10, 1999 (Volume 64, Number 27)]

[Rules and Regulations]

[Page 6526]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr10fe99-12]

DEPARTMENT OF JUSTICE

28 CFR Part O

[A.G. Order No. 2205-99]

Agency Organization: Vacancy, Disability, and Absence

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

ACTION: Final rule.

SUMMARY: This order amends regulations concerning officials to perform the functions and duties of certain offices within the Department of Justice in case of absence, disability or vacancy. The amendments are necessary in order to conform Department regulations with the requirements of the Federal Vacancies Reform Act of 1998 (FVRA). This rule shall not affect the filling of vacancies that occurred prior to the effective date of the FVRA.

EFFECTIVE DATE: January 29, 1999.

FOR FURTHER INFORMATION CONTACT: Jeffrey P. Singdahlsen, Attorney- Adviser, Office of Legal Counsel, U.S. Department of Justice, Washington, DC 20530, (202) 514-1858.

SUPPLEMENTARY INFORMATION: This rule was not published for public comment because it pertains to a matter of internal Department of Justice management and does not have an effect beyond the internal operating procedures of the Department. 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. This rule is not considered to be a rule within the meaning of section 3(d) of Executive Order 12866 and therefore has not been reviewed by the Office of Management and Budget pursuant to that Order. Finally, the rule does not 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 O

Authority delegations (Government agencies), Government employees, Organization 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 and 510, part O of title 28 of the Code of Federal Regulations is amended as follows:

PART O--ORGANIZATION OF THE DEPARTMENT OF JUSTICE

1. The authority citation for part O continues to read as follows:

   Authority: 5 U.S.C. 301; 28 U.S.C. 509, 510, 515-519.

2. In Sec. O.132, remove paragraph (e) and revise paragraphs (b) through (d) to read as follows:

   Sec. O.132 Designating officials to perform the functions and duties of certain offices in case of absence, disability or vacancy.

   * * * * *

   (b) Every office within the Department to which appointment is required to be made by the President with the advice and consent of the Senate (``PAS office'') shall have a First Assistant within the meaning of the Federal Vacancies Reform Act of 1998. Where there is a position of Principal Deputy to the PAS office, the Principal Deputy shall be the First Assistant. Where there is no position of Principal Deputy to the PAS office, the First Assistant shall be the person whom the Attorney General designates in writing.

   (c) In the event of a vacancy in the office of the head of an organizational unit that is not covered by paragraphs (a) or (b) of this section, the ranking deputy (or an equivalent official) in such unit who is available shall perform the functions and duties of and act as such head, unless the Attorney General directs otherwise. Except as otherwise provided by law, if there is no ranking deputy available, the Attorney General shall designate another official of the Department to perform the functions and duties of and act as such head.

   (d) The head of an organizational unit of the Department not covered by paragraphs (a) or (b) of this section is authorized, in the case of absence from office or disability, to designate the ranking deputy (or an equivalent official) in the unit who is available to act as head. If there is no deputy available to act, any other official in such unit may be designated. Alternatively, in his discretion, the Attorney General may designate any official in the Department to act as head when a head who is not covered by paragraphs (a) or (b) of this section is absent or disabled.

   Dated: January 29, 1999. Janet Reno, Attorney General.

   [FR Doc. 99-2713Filed2-9-99; 8:45 am]

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