[Federal Register Volume 60, Number 137 (Tuesday, July 18, 1995)]
[Rules and Regulations]
[Pages 36710-36711]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-17514]
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DEPARTMENT OF JUSTICE
28 CFR Part 0
[AG Order No. 1977-95]
Service of Subpoenas Upon the Attorney General
AGENCY: Department of Justice.
ACTION: Final rule.
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[[Page 36711]]
SUMMARY: This rule delegates authority to the Assistant Attorney
General for Administration to accept official-capacity subpoenas
directed to the Attorney General. This action is being undertaken to
promote administrative efficiency.
EFFECTIVE DATE: July 18, 1995.
FOR FURTHER INFORMATION CONTACT:
Rafael A. Madan, Attorney-Advisor, Office of the General Counsel,
Justice Management Division, U.S. Department of Justice, (202) 514-
3452.
SUPPLEMENTARY INFORMATION: Currently, 28 CFR 0.77(j) authorizes the
Assistant Attorney General for Administration to accept official-
capacity process, except subpoenas, directed to the Attorney General.
Because the Assistant Attorney General for Administration does not have
authority to accept official-capacity subpoenas directed to the
Attorney General, the Justice Management Division's Office of General
Counsel, acting for the Assistant Attorney General for Administration,
at present conducts a preliminary review (to determine facial validity)
of all such subpoenas that are served at the Main Justice Building in
Washington, D.C., and escorts the process servers through the building
to named individuals, usually on the Attorney General's staff, who have
specific authority to accept them. This procedure will be significantly
disrupted by the relocation of Justice Management Division's Office of
General Counsel out of the Main Justice Building. Thus, for
administrative convenience, the Attorney General has determined to
delegate authority to the Assistant Attorney General for Administration
to accept such subpoenas.
In accordance with the Regulatory Flexibility Act, 5 U.S.C. 605(b),
the Attorney General certifies that this rule will not have a
significant impact on a substantial number of small business entities.
This rule is not considered to be a ``significant regulatory action''
within the meaning of section 3(f) of Executive Order 12866, nor does
it have federalism implications warranting the preparation of a
federalism assessment in accordance with Executive Order 12612. This
rule pertains to agency management and is not subject the notice and
comment requirements of the Administrative Procedure Act, 5 U.S.C.
553(b). This rule is not considered to have a significant impact on
family formation, maintenance, or general well-being in accordance with
Executive Order 12606.
List of Subjects in 28 CFR part 0
Authority delegations (Government agencies); Government employees;
Organization and functions (Government agencies); Whistleblowing.
Accordingly, 28 CFR part 0 is amended as follows:
PART 0--ORGANIZATION OF THE DEPARTMENT OF JUSTICE
1. The authority citation for part 0 is amended to read as follows:
Authority: 5 U.S.C. 301, 3151; 28 U.S.C. 509, 510, 515-519.
2. Section 0.77 of subpart 0 of title 28 of the Code of Federal
Regulations is amended by revising paragraph (j) to read as follows:
Sec. 0.77 Operational functions.
* * * * *
(j) Accepting service of summonses, complaints, or other papers,
including, without limitation, subpoenas, directed to the Attorney
General in his official capacity, as a representative of the Attorney
General, under the Federal Rules of Civil and Criminal Procedure or in
any suit within the purview of subsection (a) of section 208 of the
Department of Justice Appropriation Act, 1953 (66 Stat. 560 (43 U.S.C.
666(a))).
* * * * *
Dated: July 7, 1995.
Janet Reno,
Attorney General.
[FR Doc. 95-17514 Filed 7-17-95; 8:45 am]
BILLING CODE 4110-01-M
