Assembly of the Administrative Conference; Filing of Advisory Committee Charter, 47523-47524 [2010-19445]

Agencies

• Administrative Conference of the United States

[Federal Register Volume 75, Number 151 (Friday, August 6, 2010)]
[Notices]
[Pages 47523-47524]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-19445]


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Notices
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Federal Register / Vol. 75, No. 151 / Friday, August 6, 2010 / 
Notices

[[Page 47523]]



ADMINISTRATIVE CONFERENCE OF THE UNITED STATES


Assembly of the Administrative Conference; Filing of Advisory 
Committee Charter

AGENCY: Administrative Conference of the United States.

ACTION: Notice.

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SUMMARY: Notice is hereby given that the Administrative Conference of 
the United States will file an advisory committee charter for the 
Assembly of the Administrative Conference, in accordance with the 
Administrative Conference Act (as amended by the Regulatory Improvement 
Act of 2007) and the Federal Advisory Committee Act of 1972. The filing 
will take place 15 days after publication of this notice in the Federal 
Register.

DATES: August 23, 2010.

FOR FURTHER INFORMATION CONTACT: Sherland Peterson, Executive Assistant 
to the Chairman, Administrative Conference of the United States, 202-
326-2305.

SUPPLEMENTARY INFORMATION: The purpose of the Assembly is to adopt 
recommendations for the improvement of administrative procedures in 
Federal agencies. The objectives of these recommendations are to ensure 
that private rights may be fully protected and regulatory activities 
and other Federal responsibilities may be carried out expeditiously in 
the public interest, to promote more effective public participation and 
efficiency in the rulemaking process, to reduce unnecessary litigation 
in the regulatory process, to improve the use of science in the 
regulatory process, and to improve the effectiveness of laws applicable 
to the regulatory process. In enacting the Administrative Conference 
Act, as amended, Congress has determined that the Assembly is necessary 
and in the public interest. The charter is appended to this notice.

    Dated: July 28, 2010.
Paul R. Verkuil,
Chairman.

Appendix A--Federal Advisory Committee Charter

Assembly of the Administrative Conference of the United States Federal 
Advisory Committee Charter

1. Committee's Official Designation

    Assembly of the Administrative Conference of the United States 
(Assembly).

2. Authority

    The Assembly was established by the Administrative Conference 
Act, as amended, 5 U.S.C. 591 et seq. See also Regulatory 
Improvement Act of 2007, Public Law 110-290, codified at 5 U.S.C. 
596 (authorizing appropriations for the Administrative Conference of 
the United States (ACUS) through fiscal year 2011). The Assembly is 
chartered as an advisory committee in accordance with the provisions 
of the Federal Advisory Committee Act, as amended, 5 U.S.C. App 
(FACA).

3. Objectives and Scope of Activities

    The Assembly adopts recommendations for the improvement of 
administrative procedure in federal agencies. The objectives of 
these recommendations are to ensure that private rights may be fully 
protected and regulatory activities and other Federal 
responsibilities may be carried out expeditiously in the public 
interest, to promote more effective public participation and 
efficiency in the rulemaking process, to reduce unnecessary 
litigation in the regulatory process, to improve the use of science 
in the regulatory process, and to improve the effectiveness of laws 
applicable to the regulatory process.

4. Description of Duties

    The Assembly reviews, evaluates, and votes on whether to approve 
proposals, reports, and/or recommendations of its committees 
pursuant to its bylaws established under the authority of 5 U.S.C. 
595(2). The Assembly operates exclusively in an advisory capacity.

5. Agency or Official to Whom the Assembly Reports

    Recommendations adopted by the Assembly are included in the 
annual report required to be submitted by the Chairman of ACUS to 
the President and Congress, and such interim reports as the Chairman 
considers desirable. 5 U.S.C. 595(c). Such recommendations may also 
be provided to administrative agencies, collectively or 
individually, or to the Judicial Conference of the United States. 
Id. Sec.  594(1).

6. Support

    The Assembly receives support services from ACUS.

7. Estimated Annual Operating Costs and Staff Years

    The estimated annual fiscal year cost to operate the Assembly is 
estimated at $250,000, including 1.8 full-time equivalent staff 
years.

8. Designated Federal Officer (DFO)

    The DFO (and Alternate DFOs) will be appointed by the Chairman 
of ACUS and will be full-time Federal employees, appointed in 
accordance with agency procedures. The DFO or an Alternate DFO will 
call and attend all meetings of the Assembly and any subcommittees 
established under the ACUS bylaws and prepare their agendas in 
accordance with the provisions of the Administrative Conference Act, 
as amended, and is authorized to adjourn any such meeting whenever 
he or she determines it to be in the public interest.

9. Estimated Number and Frequency of Meetings

    The Assembly will meet approximately twice a year. There will be 
approximately six standing subcommittees of the Assembly, and from 
time to time additional special subcommittees, established under the 
authority of the bylaws of ACUS. Each such subcommittee will meet 
approximately four times a year. All meetings of the Assembly and 
such subcommittees will be open to the public and announced in 
accordance with FACA.

10. Duration

    The Administrative Conference Act, as amended, prescribes 
continuing duration for ACUS.

11. Termination

    This charter terminates two years from the date of filing. 
Pursuant to Section 14 of FACA, ACUS will file a charter for the 
Assembly upon the expiration of two years from the date hereof. 
Neither the Assembly nor its subcommittees will meet without a 
charter filed in accordance with FACA.

12. Membership and Designation

    The appointment and designation of members of the Assembly is 
prescribed by the Administrative Conference Act, as amended. Under 
that Act, it must have between 75 and 101 members. These include the 
Chairman (a five year term), the ten Council members appointed by 
the President (three year terms), designees or appointees from 
Federal Executive departments, agencies, and independent regulatory 
boards and commissions (no fixed terms), and not more than 40 other 
members appointed by the Chairman with the approval of the Council 
(two year terms), who must ``provide broad representation of the 
views of private citizens and utilize diverse experience.'' 5 U.S.C. 
593(b)(6). These members ``shall be members of the practicing bar, 
scholars in the field of administrative law or government, or

[[Page 47524]]

others specially informed by knowledge and experience with respect 
to Federal administrative procedure.'' Id. The by-laws impose limits 
on the number of continuous terms of service by non-Government 
members. Council members may continue to serve until their 
successors are appointed. Under the by-laws, each member of the 
Assembly is expected to participate in all respects according to his 
or her own views and not necessarily as a representative of any 
agency or other group or organization, public or private. 
Accordingly, Non-Government members of the Assembly have been deemed 
to be Special Government Employees, and not Representatives.
    Members, except the Chairman, are not entitled to pay for 
service. Members appointed from outside the Federal Government are 
entitled to travel expenses, including per diem instead of 
subsistence, as authorized by section 5703 of title 5 for 
individuals serving without pay, subject to availability of funds.
    Under the by-laws, and subject to the approval of the Council, 
the Chairman may appoint senior fellows, special counsels, and 
liaison representatives to the Assembly and its subcommittees. Such 
appointees have all of the rights of members of the Assembly, but 
may not vote, except in committee deliberations, where the committee 
chairman generally has the authority to confer voting rights upon 
such appointees. All such appointees who are non-Government 
appointees have been deemed to be Special Government Employees, and 
not Representatives.

13. Subcommittees

    The Assembly has authority to adopt by-laws and regulations that 
create such subcommittees as it considers necessary for the conduct 
of studies and the development of recommendations for consideration 
by the Assembly. 5 U.S.C. 595(a)(2). Subcommittee members are 
appointed by the Chairman with the approval of the Council. Id. 
Sec.  595(c)(5). All subcommittee members are either members of the 
Assembly or senior fellows, special counsels, or liaison 
representatives as described above. All proposed recommendations of 
subcommittees will be considered by the Assembly prior to adoption.

14. Recordkeeping

    The records made available to or prepared for or by the Assembly 
or its subcommittees shall be handled in accordance with General 
Records Schedule 26, Item 2 or other approved agency records 
disposition schedule. Such records shall be available for public 
inspection and copying, subject to the Freedom of Information Act, 5 
U.S.C. 552.

15. Filing Date

    August 23, 2010.

[FR Doc. 2010-19445 Filed 8-5-10; 8:45 am]
BILLING CODE 6110-01-P