[Federal Register: September 12, 2001 (Volume 66, Number 177)]
[Rules and Regulations]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
Rules and Regulations
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
DEPARTMENT OF JUSTICE
8 CFR Part 3 and 28 CFR Part 0
[EOIR No. 129F; AG Order No. 2512-2001]
Executive Office for Immigration Review; Board of Immigration
Appeals; 23 Board Members
AGENCY: Executive Office for Immigration Review, Justice.
ACTION: Final rule.
SUMMARY: This final rule amends 8 CFR part 3 and 28 CFR part 0 by
adding to the Board of Immigration Appeals (Board) two Board Member
positions, thereby expanding the Board to 23 permanent members. The
Board is being expanded in order to maintain an effective, efficient
system of appellate adjudication in the face of the Board's increasing
EFFECTIVE DATE: This final rule is effective September 12, 2001.
FOR FURTHER INFORMATION CONTACT: Charles Adkins-Blanch, General
Counsel, Executive Office for Immigration Review, Suite 2400, 5107
Leesburg Pike, Falls Church, VA 22041; telephone (703) 305-0470.
SUPPLEMENTARY INFORMATION: This final rule expands the Board to 23
permanent members by adding two Board Member positions. With this
change, the Board will consist of a Chairman, two Vice Chairmen, and
twenty other members. This change is necessary to maintain an
effective, efficient system of appellate adjudication in light of the
Board's increasing caseload. This rule amends 8 CFR part 3 and 28 CFR
part 0 to reflect these changes in the Board's organization.
Compliance with 5 U.S.C. 553 as to notice of proposed rulemaking is
not required because this rule relates to agency organization,
procedure, and practice, and a delayed effective date is unnecessary
because it does not substantially affect the rights or obligations of
non-agency parties. See 5 U.S.C. 553(b)(a), (d)(3).
Regulatory Flexibility Act
The Attorney General, in accordance with 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
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
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 costs or prices; or
significant adverse effects on competition, employment, investment,
productivity, innovation, or on the ability of United States-based
companies to compete with foreign-based companies in domestic and
Executive Order 12866
The Department of Justice has determined that this rule is not a
``significant regulatory action'' under Executive Order 12866, section
3(f). 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 section 6 of
Executive Order 13132, 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: Civil Justice Reform
This rule meets the applicable standards set forth in sections 3(a)
and 3(b)(2) of Executive Order 12988.
Congressional Review Act
This action pertains to agency organization, practice, and
procedure and does not substantially affect the rights or obligations
of non-agency parties and, accordingly, is not a ``rule'' as that term
is used by the Congressional Review Act. (Subtitle E of the Small
Business Regulatory Enforcement Act of 1996 (SBREFA). Therefore, the
reporting requirement of 5 U.S.C. Sec. 801 does not apply.
Plain Language Instructions
We try to write clearly. If you can suggest how to improve the
clarity of these regulations, call or write Charles Adkins-Blanch,
General Counsel, Executive Office for Immigration Review, Suite 2400,
5107 Leesburg Pike, Falls Church, VA 22041; telephone (703) 305-0470.
List of Subjects
8 CFR Part 3
Administrative practice and procedure, Immigration, Lawyers,
Organizations and functions (Government agencies), Reporting and
28 CFR Part 0
Authority delegation (Government agencies), Government employees,
Organization and functions (Government agencies), Whistleblowing.
Accordingly, for the reasons set forth in the preamble, part 3 of
chapter I of title 8 of the Code of Federal Regulations and part 0 of
chapter I of title 28 of the Code of Federal Regulations are amended as
PART 3--EXECUTIVE OFFICE FOR IMMIGRATION REVIEW
1. The authority citation for 8 CFR part 3 continues to read as
Authority: 5 U.S.C. 301; 8 U.S.C. 1103; 1252 note, 1252b, 1324b,
1362; 28 U.S.C. 509, 510, 1746; sec. 2, Reorg. Plan No. 2 of 1950, 3
CFR, 1949-1953 Comp., p. 1002.
Subpart A--Board of Immigration Appeals
Sec. 3.1 [Amended]
2. In Sec. 3.1, amend paragraph (a)(1) by revising the second
sentence to read as follows:
* * * The Board shall consist of a Chairman, two Vice Chairmen, and
twenty other members. * * *
* * * * *
PART 0--ORGANIZATION OF THE DEPARTMENT OF JUSTICE
3. The authority citation for 28 CFR part 0 continues to read as
Authority: 5 U.S.C. 301; 28 U.S.C. 509, 510, 515-519.
Subpart U--Executive Office for Immigration Review
4. Amend Sec. 0.116 by revising the first sentence to read as
Sec. 0.116 Board of Immigration Appeals.
The Board of Immigration Appeals shall consist of a Chairman, two
Vice Chairmen, and twenty other members. * * *
* * * * *
Dated: September 6, 2001.
[FR Doc. 01-22906 Filed 9-11-01; 8:45 am]
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