Organization; Office of the Deputy Attorney General, Office of the Associate Attorney General, 6206-6207 [06-1084]
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Federal Register / Vol. 71, No. 25 / Tuesday, February 7, 2006 / Rules and Regulations
period is determined under section 1223(2).
The fund’s gross income includes the rents
collected by R and any income earned
thereon. For the period between February 1,
2005, and June 1, 2006, the fund may be
allowed deductions for depreciation and for
the costs of maintenance of the property
because the fund is treated as owning the
property during this period. See sections 162,
167, and 168. Under paragraph (c)(4)(ii) of
this section, the fund may not deduct the
distribution to C of the property, or the rents
(or any income earned thereon) collected
from the property while the fund holds the
property. No gain or loss is recognized by the
fund from this distribution or from the fund’s
transfer of the rental property to C pursuant
to the court’s determination that C owns the
property. See paragraphs (c)(4)(i) and (e)(3) of
this section.
(vi) B is the transferor to the fund. Under
paragraphs (b)(8) and (e)(1) of this section, B
is a transferor-claimant and does not
recognize gain or loss under section 1001(a)
on transfer of the property to the disputed
ownership fund. The money and property
distributed from the fund to C is deemed to
be distributed first to B and then transferred
from B to C. See paragraph (e)(3)(ii) of this
section. Under paragraph (e)(2)(i) of this
section, economic performance occurs when
the disputed ownership fund transfers the
property and any earnings thereon to C. The
income tax consequences of the deemed
transfer from B to C as well as the income
tax consequences of C’s refund to B of the
purchase price paid to C’s father and interest
thereon are determined under other
provisions of the Internal Revenue Code.
(i) [Reserved]
(j) Effective dates—(1) In general. This
section applies to disputed ownership
funds established after February 3, 2006.
(2) Transition rule. With respect to a
disputed ownership fund established
after August 16, 1986, but on or before
February 3, 2006, the Internal Revenue
Service will not challenge a reasonable,
consistently applied method of taxation
for income earned by the fund, transfers
to the fund, and distributions made by
the fund.
PART 602—OMB CONTROL NUMBERS
UNDER THE PAPERWORK
REDUCTION ACT
Par. 9. The authority citation for part
602 continues to read as follows:
I
Authority: 26 U.S.C. 7805.
Par. 10. In § 602.101, paragraph (b) is
amended by adding entries in numerical
order to read, in part, as follows:
dsatterwhite on PROD1PC65 with RULES
I
§ 602.101
*
OMB Control numbers.
*
*
(b) * * *
VerDate Aug<31>2005
*
*
17:31 Feb 06, 2006
Jkt 208001
CFR part or section where
identified and described
Current
OMB control
No.
*
*
*
1.468B–1 ..................................
1.468B–9 ..................................
*
1545–1631
1545–1631
*
*
*
*
Approved: January 30, 2006.
Mark E. Matthews,
Deputy Commissioner for Services and
Enforcement.
Eric Solomon,
Acting Deputy Assistant Secretary of the
Treasury.
[FR Doc. 06–1037 Filed 2–3–06; 8:45 am]
BILLING CODE 4830–01–P
therefore exempt from the requirements
of prior notice and comment and a 30day delay in the 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 this
regulation 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.
Further, 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.
DEPARTMENT OF JUSTICE
Executive Order 12866
Office of the Attorney General
This rule has been drafted and
reviewed in accordance with Executive
Order 12866, Regulatory Planning and
Review, § 1(b), Principles of Regulation.
This rule is limited to agency
organization, management and
personnel as described by Executive
Order 12866 § 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.
28 CFR Part 0
[A.G. Order No. 2800–2006]
Organization; Office of the Deputy
Attorney General, Office of the
Associate Attorney General
AGENCY: Department
ACTION: Final rule.
of Justice.
SUMMARY: This rule amends the
regulations that describe the structure,
functions, and responsibilities of the
Offices of the Deputy Attorney General
and Associate Attorney General, United
States Department of Justice.
EFFECTIVE DATE: February 7, 2006.
FOR FURTHER INFORMATION CONTACT:
Louis DeFalaise, Director, Office of
Attorney Recruitment and Management,
U.S. Department of Justice, Washington,
DC 20530, (202) 514–8900.
SUPPLEMENTARY INFORMATION: This rule
expands and clarifies the list of
personnel- and recruitment-related
responsibilities vested in the Deputy
Attorney General, expands and clarifies
which of these responsibilities he may
redelegate to officials within the
Department of Justice, and deletes an
outdated reference to General Schedule
grades 16 through 18. The rule also
clarifies the list of personnel-related
responsibilities vested in the Associate
Attorney General and updates the title
of the Department official to whom he
may redelegate this authority. In
addition, the rule reserves certain
personnel administration authorities to
the Attorney General.
Administrative Procedure Act
This rule relates to matters of agency
management or personnel, and is
PO 00000
Frm 00016
Fmt 4700
Sfmt 4700
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
distribution of power and
responsibilities among the various
levels of government. Therefore, in
accordance with Executive Order 13132,
it is determined that this rule does not
have sufficient federalism implications
to warrant the preparation of a
Federalism Assessment.
Executive Order 12988
This rule meets the applicable
standards set forth 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
government, in the aggregate, or by the
private sector, of $100,000,000 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. 1501–1571.
E:\FR\FM\07FER1.SGM
07FER1
Federal Register / Vol. 71, No. 25 / Tuesday, February 7, 2006 / Rules and Regulations
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 the ability
of United States-based enterprises to
compete with foreign-based enterprises
in domestic and export markets.
This action pertains to agency
management, personnel, and
organization and does not substantially
affect the rights or obligations of nonagency parties. Accordingly, it is not a
‘‘rule’’ for purposes of the reporting
requirement of 5 U.S.C. 801.
Congressional Review Act
The Department has determined that
this action pertains to agency
management or personnel and,
accordingly, 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). 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).
I 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
1. The authority citation for part 0
continues to read as follows:
I
Authority: 5 U.S.C. 301; 28 U.S.C. 509,
510, 515–519.
2. In § 0.15, revise paragraph (b)(1)(i),
paragraph (b)(1)(v), paragraph (b)(2),
and paragraph (c), and add a new
paragraph (h) to read as follows:
I
§ 0.15
Deputy Attorney General.
dsatterwhite on PROD1PC65 with RULES
*
*
*
*
*
(b) * * *
(1) * * *
(i) The appointment, employment,
pay, separation, and general
administration of personnel, including
attorneys, in the Senior Executive
Service or the equivalent; Senior-Level
VerDate Aug<31>2005
16:29 Feb 06, 2006
Jkt 208001
and Scientific and Professional
positions; and of attorneys and law
students regardless of grade or pay in
the Department.
*
*
*
*
*
(v) The appointment, employment,
separation, and general administration
of Assistant United States Attorneys and
other attorneys to assist United States
Attorneys when the public interest so
requires and the fixing of their salaries.
*
*
*
*
*
(2) Administer the Department’s
recruitment programs for law graduates
and law students.
*
*
*
*
*
(c) The Deputy Attorney General may
redelegate the authority provided in
paragraphs (b)(1)(i), (ii), (iii), (v), and
paragraph (b)(2) of this section to take
final action in matters pertaining to the:
(1) Appointment, employment, pay,
separation, and general administration
of personnel, including attorneys, in the
Senior Executive Service or the
equivalent, and Senior-Level and
Scientific and Professional positions;
(2) Appointment, employment, pay,
separation, and general administration
of attorneys and law students regardless
of grade or pay;
(3) Appointment of special attorneys
and special assistants to the Attorney
General pursuant to 28 U.S.C. 515(b);
(4) Appointment of Assistant United
States Trustees and the fixing of their
compensation;
(5) Appointment, employment,
separation, and general administration
of Assistant United States Attorneys and
other attorneys to assist United States
Attorneys when the public interest so
requires and the fixing of their salaries;
and
(6) Administration of the
Department’s recruitment programs for
law graduates and law students.
*
*
*
*
*
(h) Notwithstanding paragraphs (a)
and (b) of this section, authority to take
final action in matters pertaining to the
appointment, employment, pay,
separation, and general administration
of the following Department employees
is reserved to the Attorney General:
(1) Employees in the Offices of the
Attorney General and the Deputy
Attorney General;
(2) Employees appointed to a
Schedule C position established under 5
CFR part 213, or to a position that meets
the same criteria as a Schedule C
position; and
(3) Any Senior Executive Service
position in which the incumbent serves
under other than a career appointment.
PO 00000
Frm 00017
Fmt 4700
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6207
3. In § 0.19, revise paragraphs (a)(1)
and (b), and add a new paragraph (d) to
read as follows:
I
§ 0.19
Associate Attorney General.
(a) * * *
(1) Exercise the power and the
authority vested in the Attorney General
to take final action in matters pertaining
to the appointment, employment, pay,
separation, and general administration
of attorneys and law students in pay
grades GS–15 and below in
organizational units subject to his
direction.
*
*
*
*
*
(b) The Associate Attorney General
may redelegate the authority provided
in paragraph (a)(1) of this section to the
Director, Office of Attorney Recruitment
and Management.
*
*
*
*
*
(d) Notwithstanding paragraph (b) of
this section, authority to take final
action in matters pertaining to the
appointment, employment, pay,
separation, and general administration
of the following Department employees
is reserved to the Attorney General:
(1) Employees in the Office of the
Associate Attorney General;
(2) Employees appointed to a
Schedule C position established under 5
CFR part 213, or to a position that meets
the same criteria as a Schedule C
position; and
(3) Any Senior Executive Service
position in which the incumbent serves
under other than a career appointment.
Dated: January 31, 2006.
Alberto R. Gonzales,
Attorney General.
[FR Doc. 06–1084 Filed 2–6–06; 8:45 am]
BILLING CODE 4410–19–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[CGD05–06–005]
RIN 1625–AA–09
Drawbridge Operation Regulations;
Shark River (South Channel), Avon, NJ
Coast Guard, DHS.
Final rule; notice of temporary
deviation from regulations.
AGENCY:
ACTION:
SUMMARY: The Commander, Fifth Coast
Guard District, has approved a
temporary deviation from the
regulations governing the operation of
the New Jersey Transit Railroad
E:\FR\FM\07FER1.SGM
07FER1
]]>Agencies
[Federal Register Volume 71, Number 25 (Tuesday, February 7, 2006)]
[Rules and Regulations]
[Pages 6206-6207]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-1084]
=======================================================================
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DEPARTMENT OF JUSTICE
Office of the Attorney General
28 CFR Part 0
[A.G. Order No. 2800-2006]
Organization; Office of the Deputy Attorney General, Office of
the Associate Attorney General
AGENCY: Department of Justice.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This rule amends the regulations that describe the structure,
functions, and responsibilities of the Offices of the Deputy Attorney
General and Associate Attorney General, United States Department of
Justice.
EFFECTIVE DATE: February 7, 2006.
FOR FURTHER INFORMATION CONTACT: Louis DeFalaise, Director, Office of
Attorney Recruitment and Management, U.S. Department of Justice,
Washington, DC 20530, (202) 514-8900.
SUPPLEMENTARY INFORMATION: This rule expands and clarifies the list of
personnel- and recruitment-related responsibilities vested in the
Deputy Attorney General, expands and clarifies which of these
responsibilities he may redelegate to officials within the Department
of Justice, and deletes an outdated reference to General Schedule
grades 16 through 18. The rule also clarifies the list of personnel-
related responsibilities vested in the Associate Attorney General and
updates the title of the Department official to whom he may redelegate
this authority. In addition, the rule reserves certain personnel
administration authorities to the Attorney General.
Administrative Procedure Act
This rule relates to matters of agency management or personnel, and
is therefore 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).
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 this regulation 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. Further,
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, Sec. 1(b),
Principles of Regulation. This rule is limited to agency organization,
management and personnel as described by Executive Order 12866 Sec.
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 distribution of power and responsibilities among the various levels
of government. Therefore, in accordance with Executive Order 13132, it
is determined that this rule does not have sufficient federalism
implications to warrant the preparation of a Federalism Assessment.
Executive Order 12988
This rule meets the applicable standards set forth 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 government, in the aggregate, or by the private sector, of
$100,000,000 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. 1501-1571.
[[Page 6207]]
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 the ability of United States-based
enterprises to compete with foreign-based enterprises 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.
Congressional Review Act
The Department has determined that this action pertains to agency
management or personnel and, accordingly, 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). 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, 515-519.
0
2. In Sec. 0.15, revise paragraph (b)(1)(i), paragraph (b)(1)(v),
paragraph (b)(2), and paragraph (c), and add a new paragraph (h) to
read as follows:
Sec. 0.15 Deputy Attorney General.
* * * * *
(b) * * *
(1) * * *
(i) The appointment, employment, pay, separation, and general
administration of personnel, including attorneys, in the Senior
Executive Service or the equivalent; Senior-Level and Scientific and
Professional positions; and of attorneys and law students regardless of
grade or pay in the Department.
* * * * *
(v) The appointment, employment, separation, and general
administration of Assistant United States Attorneys and other attorneys
to assist United States Attorneys when the public interest so requires
and the fixing of their salaries.
* * * * *
(2) Administer the Department's recruitment programs for law
graduates and law students.
* * * * *
(c) The Deputy Attorney General may redelegate the authority
provided in paragraphs (b)(1)(i), (ii), (iii), (v), and paragraph
(b)(2) of this section to take final action in matters pertaining to
the:
(1) Appointment, employment, pay, separation, and general
administration of personnel, including attorneys, in the Senior
Executive Service or the equivalent, and Senior-Level and Scientific
and Professional positions;
(2) Appointment, employment, pay, separation, and general
administration of attorneys and law students regardless of grade or
pay;
(3) Appointment of special attorneys and special assistants to the
Attorney General pursuant to 28 U.S.C. 515(b);
(4) Appointment of Assistant United States Trustees and the fixing
of their compensation;
(5) Appointment, employment, separation, and general administration
of Assistant United States Attorneys and other attorneys to assist
United States Attorneys when the public interest so requires and the
fixing of their salaries; and
(6) Administration of the Department's recruitment programs for law
graduates and law students.
* * * * *
(h) Notwithstanding paragraphs (a) and (b) of this section,
authority to take final action in matters pertaining to the
appointment, employment, pay, separation, and general administration of
the following Department employees is reserved to the Attorney General:
(1) Employees in the Offices of the Attorney General and the Deputy
Attorney General;
(2) Employees appointed to a Schedule C position established under
5 CFR part 213, or to a position that meets the same criteria as a
Schedule C position; and
(3) Any Senior Executive Service position in which the incumbent
serves under other than a career appointment.
0
3. In Sec. 0.19, revise paragraphs (a)(1) and (b), and add a new
paragraph (d) to read as follows:
Sec. 0.19 Associate Attorney General.
(a) * * *
(1) Exercise the power and the authority vested in the Attorney
General to take final action in matters pertaining to the appointment,
employment, pay, separation, and general administration of attorneys
and law students in pay grades GS-15 and below in organizational units
subject to his direction.
* * * * *
(b) The Associate Attorney General may redelegate the authority
provided in paragraph (a)(1) of this section to the Director, Office of
Attorney Recruitment and Management.
* * * * *
(d) Notwithstanding paragraph (b) of this section, authority to
take final action in matters pertaining to the appointment, employment,
pay, separation, and general administration of the following Department
employees is reserved to the Attorney General:
(1) Employees in the Office of the Associate Attorney General;
(2) Employees appointed to a Schedule C position established under
5 CFR part 213, or to a position that meets the same criteria as a
Schedule C position; and
(3) Any Senior Executive Service position in which the incumbent
serves under other than a career appointment.
Dated: January 31, 2006.
Alberto R. Gonzales,
Attorney General.
[FR Doc. 06-1084 Filed 2-6-06; 8:45 am]
BILLING CODE 4410-19-P
