Programs for Specific Positions and Examinations (Miscellaneous), 41235-41236 [E8-16487]
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41235
Rules and Regulations
Federal Register
Vol. 73, No. 139
Friday, July 18, 2008
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 week.
OFFICE OF PERSONNEL
MANAGEMENT
5 CFR Part 930
RIN 3206–AL67
Programs for Specific Positions and
Examinations (Miscellaneous)
U.S. Office of Personnel
Management.
ACTION: Interim rule with request for
comments.
rwilkins on PROD1PC63 with RULES
AGENCY:
SUMMARY: The U.S. Office of Personnel
Management is issuing an interim rule
suspending the requirement set forth in
5 CFR 930.204(b) that requires
incumbent administrative law judges
(‘‘ALJs’’) to ‘‘possess a professional
license to practice law and be
authorized to practice law.’’
DATES: Effective July 18, 2008.
Comments must be received on or
before September 16, 2008.
ADDRESSES: Send, deliver, or fax written
comments to: Ms. Angela Bailey, Deputy
Associate Director for Talent and
Capacity Policy, U.S. Office of
Personnel Management, Room 6551,
1900 E Street, NW., Washington, DC
20415–9700; e-mail: employ@opm.gov;
fax: (202) 606–2329.
Comments may also be sent through
the Federal eRulemaking Portal at:
https://www.regulations.gov. All
submissions received through the Portal
must include the agency name and
docket number or Regulation Identifier
Number (RIN) for this rulemaking.
FOR FURTHER INFORMATION CONTACT: Ms.
Linda Watson by telephone at (202)
606–0830; by fax at (202) 606–2329; by
TTY at (202) 418–3134; or by e-mail at
linda.watson@opm.gov.
SUPPLEMENTARY INFORMATION: The U.S.
Office of Personnel Management is
issuing an interim rule suspending the
requirement set forth in 5 CFR
930.204(b) that requires incumbent
VerDate Aug<31>2005
16:19 Jul 17, 2008
Jkt 214001
administrative law judges (‘‘ALJs’’) to
‘‘possess a professional license to
practice law and be authorized to
practice law.’’ This provision requires
ALJs to maintain ‘‘active status,’’ (or
‘‘judicial status’’ in States that prohibit
sitting judges from maintaining ‘‘active
status’’ to practice law), or to be in
‘‘good standing’’ where the licensing
authority considers ‘‘good standing’’ as
having a current license to practice law.
This licensure requirement set forth in
section 930.204(b) henceforth will not
apply to incumbent administrative law
judges.
ALJ applicants are unaffected by this
suspension, and the requirement that
applicants possess a professional license
to practice law and be authorized to
practice law continues to apply. We
remain convinced that active licensure
at the time of application and
appointment is vital as an indicator that
the applicant presenting him or herself
for assessment and possible
appointment has been subject to
rigorous ethical requirements right up to
the point of appointment. We have
reconsidered comments received during
the notice and comment period,
however, about the burdens imposed by
the active licensure requirement, as it
applies to incumbents, the potential
differences between the ethical
requirements that pertain to an advocate
and those requirements that pertain to
someone asked to adjudicate cases
impartially, and the variations in what
States require as to lawyers serving as
ALJs. We intend once again to solicit
comments on this point in a new
rulemaking. In the interim, we seek to
prevent any adverse impact on
incumbents while we engage in this
process by suspending the current
requirement as to incumbents.
Waiver of Notice of Proposed
Rulemaking and Delay in Effective Date
Pursuant to 5 U.S.C. 553 (d)(1), we
deem it appropriate to waive the 30-day
waiting period and make this regulation
effective immediately because this is ‘‘a
substantive rule which grants or
recognizes an exemption or relieves a
restriction’’ set forth in the regulation
that is being revised. Further, pursuant
to 5 U.S.C. 553(b)(B) and (d)(3), we find
that good cause exists to waive the
general notice of proposed rulemaking.
Because we understand that some
incumbents have raised concerns that
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Frm 00001
Fmt 4700
Sfmt 4700
coming into compliance with bar
requirements in section 930.204(b) or
continuing legal education requirements
of bar membership will impose a burden
or hardship on them, we are suspending
the requirement in order to alleviate
those concerns while we consider its
efficacy, as well as comments
addressing whether active bar status is
necessary to ensure good conduct
among incumbent administrative law
judges.
Executive Order 12866, Regulatory
Review
This interim rule has been reviewed
by the Office of Management and
Budget in accordance with Executive
Order 12866.
Regulatory Flexibility Act
I certify that these regulations would
not have a significant economic impact
on a substantial number of small entities
(including small businesses, small
organizational units, and small
governmental jurisdictions) because
they would affect only some Federal
agencies and employees.
List of Subjects in 5 CFR Part 930
Administrative practice and
procedure, Computer technology,
Government employees, Motor vehicles.
U.S. Office of Personnel Management.
Linda M. Springer,
Director.
Accordingly, OPM is amending 5 CFR
part 930 as follows:
I
PART 930—PROGRAMS FOR
SPECIFIC POSITIONS AND
EXAMINATIONS (MISCELLANEOUS)
1. The authority for subpart B of 930
continues to read as follows:
I
Authority: 5 U.S.C. 1104(a), 1302(a), 1305,
3105, 3301, 3304, 3323(b), 3344, 4301(2)(D),
5372, 7521, and E.O. 10577, 3 CFR, 1954–
1958 Comp., p. 219
2. Revise paragraph (b) of § 930.204 to
read as follows:
*
*
*
*
*
(b) Licensure. (1) At the time of
application and any new appointment
and while serving as an administrative
law judge, the individual must possess
a professional license to practice law
and be authorized to practice law under
the laws of a State, the District of
Columbia, the Commonwealth of Puerto
Rico, or any territorial court established
I
E:\FR\FM\18JYR1.SGM
18JYR1
41236
Federal Register / Vol. 73, No. 139 / Friday, July 18, 2008 / Rules and Regulations
under the United States Constitution.
Judicial status is acceptable in lieu of
‘‘active’’ status in States that prohibit
sitting judges from maintaining ‘‘active’’
status to practice law. Being in ‘‘good
standing’’ is also acceptable in lieu of
‘‘active’’ status in States where the
licensing authority considers ‘‘good
standing’’ as having a current license to
practice law.
(2) The requirements contained in
paragraph (b)(1) are suspended until
further notice with respect to
incumbents serving as administrative
law judges.
*
*
*
*
*
SUMMARY: The Board of Governors
(Board) is amending appendix A of
Regulation CC to delete the reference to
the Windsor Locks office of the Federal
Reserve Bank of Boston and to reassign
the Federal Reserve routing symbols
currently listed under that office to the
head office of the Federal Reserve Bank
of Philadelphia. These amendments
reflect the restructuring of checkprocessing operations within the
Federal Reserve System.
DATES: The final rule will become
effective on September 20, 2008.
FOR FURTHER INFORMATION CONTACT:
Jeffrey S. H. Yeganeh, Financial Services
Manager (202/728–5801), or Joseph P.
Baressi, Financial Services Project
Leader (202/452–3959), Division of
Reserve Bank Operations and Payment
Systems; or Sophia H. Allison, Senior
Counsel (202/452–3565), Legal Division.
For users of Telecommunications
Devices for the Deaf (TDD) only, contact
202/263–4869.
SUPPLEMENTARY INFORMATION: Regulation
CC establishes the maximum period a
depositary bank may wait between
receiving a deposit and making the
deposited funds available for
withdrawal.1 A depositary bank
generally must provide faster
availability for funds deposited by a
‘‘local check’’ than by a ‘‘nonlocal
check.’’ A check is considered local if it
is payable by or at or through a bank
located in the same Federal Reserve
check-processing region as the
depositary bank.
Appendix A to Regulation CC
contains a routing number guide that
assists banks in identifying local and
nonlocal banks and thereby determining
the maximum permissible hold periods
for most deposited checks. The
appendix includes a list of each Federal
Reserve check-processing office and the
first four digits of the routing number,
known as the Federal Reserve routing
symbol, of each bank that is served by
that office for check-processing
purposes. Banks whose Federal Reserve
routing symbols are grouped under the
same office are in the same checkprocessing region and thus are local to
one another.
On September 20, 2008, the Reserve
Banks will transfer the check-processing
operations of the Windsor Locks office
of the Federal Reserve Bank of Boston
to the head office of the Federal Reserve
Bank of Philadelphia. As a result of this
change, some checks that are drawn on
and deposited at banks located in the
Windsor Locks and Philadelphia checkprocessing regions and that currently
are nonlocal checks will become local
checks subject to faster availability
schedules. To assist banks in identifying
local and nonlocal checks and making
funds availability decisions, the Board
is amending the lists of routing symbols
in appendix A associated with the
Federal Reserve Banks of Boston and
Philadelphia to reflect the transfer of
check-processing operations from the
Windsor Locks office of the Federal
Reserve Bank of Boston to the head
office of the Federal Reserve Bank of
Philadelphia. To coincide with the
effective date of the underlying checkprocessing changes, the amendments to
appendix A are effective September 20,
2008. The Board is providing notice of
the amendments at this time to give
affected banks ample time to make any
needed processing changes. Early notice
also will enable affected banks to amend
their availability schedules and related
disclosures if necessary and provide
their customers with notice of these
changes.2
1 For purposes of Regulation CC, the term ‘‘bank’’
refers to any depository institution, including
commercial banks, savings institutions, and credit
unions.
2 Section 229.18(e) of Regulation CC requires that
banks notify account holders who are consumers
within 30 days after implementing a change that
improves the availability of funds.
[FR Doc. E8–16487 Filed 7–17–08; 8:45 am]
BILLING CODE 6325–39–P
FEDERAL RESERVE SYSTEM
12 CFR Part 229
[Regulation CC; Docket No. R–1323]
Availability of Funds and Collection of
Checks
Board of Governors of the
Federal Reserve System.
ACTION: Final rule; technical
amendment.
rwilkins on PROD1PC63 with RULES
AGENCY:
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16:19 Jul 17, 2008
Jkt 214001
PO 00000
Frm 00002
Fmt 4700
Sfmt 4700
Administrative Procedure Act
The Board has not followed the
provisions of 5 U.S.C. 553(b) relating to
notice and public participation in
connection with the adoption of the
final rule. The revisions to appendix A
are technical in nature and are required
by the statutory and regulatory
definitions of ‘‘check-processing
region.’’ Because there is no substantive
change on which to seek public input,
the Board has determined that the
§ 553(b) notice and comment procedures
are unnecessary. In addition, the
underlying consolidation of Federal
Reserve Bank check-processing offices
involves a matter relating to agency
management, which is exempt from
notice and comment procedures.
Paperwork Reduction Act
In accordance with the Paperwork
Reduction Act of 1995 (44 U.S.C. 3506;
5 CFR 1320 Appendix A.1), the Board
has reviewed the final rule under
authority delegated to the Board by the
Office of Management and Budget. The
technical amendment to appendix A of
Regulation CC will delete the reference
to the Windsor Locks office of the
Federal Reserve Bank of Boston and
reassign the routing symbols listed
under that office to the head office of
the Federal Reserve Bank of
Philadelphia. The depository
institutions that are located in the
affected check-processing regions and
that include the routing numbers in
their disclosure statements would be
required to notify customers of the
resulting change in availability under
§ 229.18(e). However, all paperwork
collection procedures associated with
Regulation CC already are in place, and
the Board accordingly anticipates that
no additional burden will be imposed as
a result of this rulemaking.
List of Subjects in 12 CFR Part 229
Banks, Banking, Reporting and
recordkeeping requirements.
Authority and Issuance
For the reasons set forth in the
preamble, the Board is amending 12
CFR part 229 to read as follows:
I
PART 229—AVAILABILITY OF FUNDS
AND COLLECTION OF CHECKS
(REGULATION CC)
1. The authority citation for part 229
continues to read as follows:
I
Authority: 12 U.S.C. 4001–4010, 12 U.S.C.
5001–5018.
2. In appendix A to part 229,
introductory paragraph C is revised and
the First and Third Federal Reserve
I
E:\FR\FM\18JYR1.SGM
18JYR1
Agencies
[Federal Register Volume 73, Number 139 (Friday, July 18, 2008)]
[Rules and Regulations]
[Pages 41235-41236]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-16487]
========================================================================
Rules and Regulations
Federal Register
________________________________________________________________________
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
week.
========================================================================
Federal Register / Vol. 73, No. 139 / Friday, July 18, 2008 / Rules
and Regulations
[[Page 41235]]
OFFICE OF PERSONNEL MANAGEMENT
5 CFR Part 930
RIN 3206-AL67
Programs for Specific Positions and Examinations (Miscellaneous)
AGENCY: U.S. Office of Personnel Management.
ACTION: Interim rule with request for comments.
-----------------------------------------------------------------------
SUMMARY: The U.S. Office of Personnel Management is issuing an interim
rule suspending the requirement set forth in 5 CFR 930.204(b) that
requires incumbent administrative law judges (``ALJs'') to ``possess a
professional license to practice law and be authorized to practice
law.''
DATES: Effective July 18, 2008. Comments must be received on or before
September 16, 2008.
ADDRESSES: Send, deliver, or fax written comments to: Ms. Angela
Bailey, Deputy Associate Director for Talent and Capacity Policy, U.S.
Office of Personnel Management, Room 6551, 1900 E Street, NW.,
Washington, DC 20415-9700; e-mail: employ@opm.gov; fax: (202) 606-2329.
Comments may also be sent through the Federal eRulemaking Portal
at: https://www.regulations.gov. All submissions received through the
Portal must include the agency name and docket number or Regulation
Identifier Number (RIN) for this rulemaking.
FOR FURTHER INFORMATION CONTACT: Ms. Linda Watson by telephone at (202)
606-0830; by fax at (202) 606-2329; by TTY at (202) 418-3134; or by e-
mail at linda.watson@opm.gov.
SUPPLEMENTARY INFORMATION: The U.S. Office of Personnel Management is
issuing an interim rule suspending the requirement set forth in 5 CFR
930.204(b) that requires incumbent administrative law judges (``ALJs'')
to ``possess a professional license to practice law and be authorized
to practice law.'' This provision requires ALJs to maintain ``active
status,'' (or ``judicial status'' in States that prohibit sitting
judges from maintaining ``active status'' to practice law), or to be in
``good standing'' where the licensing authority considers ``good
standing'' as having a current license to practice law. This licensure
requirement set forth in section 930.204(b) henceforth will not apply
to incumbent administrative law judges.
ALJ applicants are unaffected by this suspension, and the
requirement that applicants possess a professional license to practice
law and be authorized to practice law continues to apply. We remain
convinced that active licensure at the time of application and
appointment is vital as an indicator that the applicant presenting him
or herself for assessment and possible appointment has been subject to
rigorous ethical requirements right up to the point of appointment. We
have reconsidered comments received during the notice and comment
period, however, about the burdens imposed by the active licensure
requirement, as it applies to incumbents, the potential differences
between the ethical requirements that pertain to an advocate and those
requirements that pertain to someone asked to adjudicate cases
impartially, and the variations in what States require as to lawyers
serving as ALJs. We intend once again to solicit comments on this point
in a new rulemaking. In the interim, we seek to prevent any adverse
impact on incumbents while we engage in this process by suspending the
current requirement as to incumbents.
Waiver of Notice of Proposed Rulemaking and Delay in Effective Date
Pursuant to 5 U.S.C. 553 (d)(1), we deem it appropriate to waive
the 30-day waiting period and make this regulation effective
immediately because this is ``a substantive rule which grants or
recognizes an exemption or relieves a restriction'' set forth in the
regulation that is being revised. Further, pursuant to 5 U.S.C.
553(b)(B) and (d)(3), we find that good cause exists to waive the
general notice of proposed rulemaking. Because we understand that some
incumbents have raised concerns that coming into compliance with bar
requirements in section 930.204(b) or continuing legal education
requirements of bar membership will impose a burden or hardship on
them, we are suspending the requirement in order to alleviate those
concerns while we consider its efficacy, as well as comments addressing
whether active bar status is necessary to ensure good conduct among
incumbent administrative law judges.
Executive Order 12866, Regulatory Review
This interim rule has been reviewed by the Office of Management and
Budget in accordance with Executive Order 12866.
Regulatory Flexibility Act
I certify that these regulations would not have a significant
economic impact on a substantial number of small entities (including
small businesses, small organizational units, and small governmental
jurisdictions) because they would affect only some Federal agencies and
employees.
List of Subjects in 5 CFR Part 930
Administrative practice and procedure, Computer technology,
Government employees, Motor vehicles.
U.S. Office of Personnel Management.
Linda M. Springer,
Director.
0
Accordingly, OPM is amending 5 CFR part 930 as follows:
PART 930--PROGRAMS FOR SPECIFIC POSITIONS AND EXAMINATIONS
(MISCELLANEOUS)
0
1. The authority for subpart B of 930 continues to read as follows:
Authority: 5 U.S.C. 1104(a), 1302(a), 1305, 3105, 3301, 3304,
3323(b), 3344, 4301(2)(D), 5372, 7521, and E.O. 10577, 3 CFR, 1954-
1958 Comp., p. 219
0
2. Revise paragraph (b) of Sec. 930.204 to read as follows:
* * * * *
(b) Licensure. (1) At the time of application and any new
appointment and while serving as an administrative law judge, the
individual must possess a professional license to practice law and be
authorized to practice law under the laws of a State, the District of
Columbia, the Commonwealth of Puerto Rico, or any territorial court
established
[[Page 41236]]
under the United States Constitution. Judicial status is acceptable in
lieu of ``active'' status in States that prohibit sitting judges from
maintaining ``active'' status to practice law. Being in ``good
standing'' is also acceptable in lieu of ``active'' status in States
where the licensing authority considers ``good standing'' as having a
current license to practice law.
(2) The requirements contained in paragraph (b)(1) are suspended
until further notice with respect to incumbents serving as
administrative law judges.
* * * * *
[FR Doc. E8-16487 Filed 7-17-08; 8:45 am]
BILLING CODE 6325-39-P