[Congressional Record Volume 149, Number 120 (Thursday, September 4, 2003)]
[Senate]
[Pages S11110-S11112]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


          NOTICE OF PROPOSED PROCEDURAL RULEMAKING REGULATIONS

  Mr. STEVENS. Mr. President, I ask unanimous consent that the attached 
document from the Office of Compliance be printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                         Office of Compliance,

                                Washington, DC, September 4, 2003.
     Hon. Ted Stevens,
     President Pro Tempore, U.S. Senate,
     Washington, DC.
       Dear Mr. President: Pursuant to Section 303(b) of the 
     Congressional Accountability Act of 1995 (2 U.S.C. 1384(b)), 
     I am transmitting on behalf of the Board of Directors the 
     enclosed notice of proposed procedural rulemaking regulations 
     under Section 303 of the Act for publication in the 
     Congressional Record.
       The Congressional Accountability Act specifies that the 
     enclosed notice be published on the first day on which both 
     Houses are in session following this transmittal.
           Sincerely,
                                                Susan S. Robfogel,
                                                            Chair.

                          OFFICE OF COMPLIANCE

 The Congressional Accountability Act of 1995--Proposed Amendments to 
                         the Rules of Procedure


                         Introductory Statement

       Shortly after the creation of the Office of Compliance in 
     1995, Procedural Rules were adopted to govern the processing 
     of cases and controversies under the administrative 
     procedures established in Title IV of the Congressional 
     Accountability Act of 1995 (``CAA,'' 2 U.S.C. 1401-1407). 
     Those Rules of Procedure were slightly amended in 1998. The 
     existing Rules of Procedure are available in their entirety 
     on the Office of Compliance's web site: www.compliance.gov.
 The web site is fully compliant with section 508 of the 
     Rehabilitation Act of 1973 (29 U.S.C. 794d).
       Pursuant to section 303(a) of the CAA (2 U.S.C. 1383(a), 
     the Executive Director of the Office has obtained approval of 
     the Board of Directors of the Office of Compliance regarding 
     certain amendments to the Rules of Procedure. Having obtained 
     the Board's approval, the Executive Director must then 
     ``publish a general notice of proposed rulemaking . . . for 
     publication in the Congressional Record on the first day on 
     which both Houses are in session following such 
     transmittal.'' (Section 303(b) of the CAA, 2 U.S.C. 1383(b).)


                                 NOTICE

       Comments regarding the proposed amendments to the Rules of 
     Procedure of the Office of Compliance set forth in this 
     Notice are invited for a period of thirty (30) days following 
     the date of the appearance of this Notice in the 
     Congressional Record. In addition to being posted on The 
     Office of Compliance's section 508 compliant web site 
     (www.compliance.gov). This Notice is also available in the 
     following alternative formats: Large Print, Braille. Requests 
     for this Notice in an alternative format should be made to 
     Bill Thompson, Executive Director or Alma Candelaria, Deputy 
     Executive Director, Office of Compliance, at 202/724-9250 
     (voice) or 202/426-1912 (TDD).
       Submission of comments must be made in writing to the 
     Executive Director, Office of Compliance, 110 Second Street, 
     SE., Room LA-200, Washington, DC 20540-1999. It is requested, 
     but not required, that an electronic version of any comments 
     be provided on an accompanying computer disk. Comments may 
     also be submitted by facsimile to the Executive Director at 
     202-426-1913 (a non-toll-free number.) Those wishing to 
     receive confirmation of the receipt of their comments are 
     requested to provide a self-addressed, stamped postcard with 
     their submission.
       Copies of submitted comments will be available for review 
     at the Office of Compliance, 110 Second Street, SE., 
     Washington, DC 20540-1999, on Monday through Friday (non-
     Federal holidays) between the hours of 9:30 a.m. and 4:30 
     p.m.
       Supplementary Information: The Congressional Accountability 
     Act of 1995 (CAA), PL 104-1, was enacted into law on January 
     23, 1995. The CAA applies the rights and protections of 11 
     federal labor and employment statutes to covered employees 
     and employing offices within the Legislative Branch of 
     Government. Section 301 of the CAA (2 U.S.C. 1383) 
     establishes the Office of Compliance as an independent office 
     within that Branch. Section 303 (2 U.S.C. 1383) directs that 
     the Executive Director, as the Chief Operating Officer of the 
     agency, adopt rules of procedure governing the Office of 
     Compliance, subject to approval by the Board of Directors of 
     the Office of Compliance. The rules of procedure establish 
     the process by which alleged violations of the 11 laws made 
     applicable to the Legislative Branch under the CAA will be 
     considered and resolved. The rules include procedures for 
     counseling, mediation, and election between filing an 
     administrative complaint with the Office of Compliance or 
     filing a civil action in U.S. District Court. The rules also 
     include the process for the conduct of administrative 
     hearings held as the result of the filing of an 
     administrative complaint, and for appeals of a decision by a 
     hearing officer to the Board of Directors of the Office of 
     Compliance, and for an appeal of a decision by the Board of 
     Directors to the United States Court of Appeals for the 
     Federal Circuit. The rules also contain other matters of 
     general applicability to the dispute resolution process and 
     to the operation of the Office of Compliance.
       These proposed amendments to the Rules of Procedure are the 
     result of the experience of the Office in processing disputes 
     under the CAA during the period since the original adoption 
     of these rules in 1995.
       Explanation regarding the text of the proposed amendments: 
     The text of the proposed amendments shows deletions within 
     italicized brackets, and added text in italicized bold. Only 
     subsections of the rules which include proposed amendments 
     are reproduced in this Notice. The insertion of a series of 
     small dots (. . . . .) indicates additional, unamended text 
     within a section has not been reproduced in this document. 
     The insertion of a series of asterisk (* * * * *) indicates 
     that the unamended text of entire sections of the Rules have 
     not been
     reproduced in this document. For the text
     of other portions of the Rules which are not
     proposed to be amended, please access the
     Office of Compliance Web site at www.compliance.gov.

 Proposed Amendments


                      PART I--OFFICE OF COMPLIANCE

                Office of Compliance Rules of Procedure

       As Amended--February 12, 1998 (Subpart A, section 1.02, 
     ``Definitions''), and as proposed to be amended in 2003.

                           Table of Contents

                     Subpart A--General Provisions

     Sec. 1.01  Scope and Policy
     Sec. 1.02  Definitions
     Sec. 1.03  Filing and Computation of Time
     Sec. 1.04  Availability of Official Information
     Sec. 1.05  Designation of Representative
     Sec. 1.06  Maintenance of Confidentiality
     Sec. 1.07  Breach of Confidentiality Provisions

  Subpart B--Pre-Complaint Procedures Applicable to Consideration of 
     Alleged Violations of Part A of Title II of the Congressional 
                       Accountability Act of 1995

     Sec. 2.01  Matters Covered by Subpart B
     Sec. 2.02  Requests for Advice and Information
     Sec. 2.03  Counseling
     Sec. 2.04  Mediation
     Sec. 2.05  Election of Proceedings
     Sec. 2.06  Filing of Civil Action

        Subpart C--[Reserved (Section 210--ADA Public Services)]

    Subpart D--Compliance, Investigation, Enforcement and Variance 
Procedures under Section 215 of the CAA (Occupational Safety and Health 
          Act of 1970) Inspections, Citations, and Complaints

     Sec. 4.01  Purpose and Scope
     Sec. 4.02  Authority for Inspection
     Sec. 4.03  Request for Inspections by Employees and Employing 
         Offices
     Sec. 4.04  Objection to Inspection
     Sec. 4.05  Entry Not a Waiver
     Sec. 4.06  Advance Notice of Inspection
     Sec. 4.07  Conduct of Inspections
     Sec. 4.08  Representatives of Employing Offices and Employees
     Sec. 4.09  Consultation with Employees
     Sec. 4.10  Inspection Not Warranted; Informal Review
     Sec. 4.11  Citations
     Sec. 4.12  Imminent Danger
     Sec. 4.13  Posting of Citations
     Sec. 4.14  Failure to Correct a Violation for Which a 
         Citation Has Been Issued; Notice of Failure to Correct 
         Violation; Complaint
     Sec. 4.15  Informal Conferences
     Sec. 4.16  Comments on Occupational Safety and Health Reports

 Rules of Practice for Variances, Limitations, Variations, Tolerances, 
                             and Exemptions

     Sec. 4.20  Purpose and Scope
     Sec. 4.21  Definitions
     Sec. 4.22  Effect of Variances
     Sec. 4.23  Public Notice of a Granted Variance, Limitation, 
         Variation, Tolerance, or Exemption
     Sec. 4.24  Form of Documents
     Sec. 4.25  Applications for Temporary Variances and other 
         Relief
     Sec. 4.26  Applications for Permanent Variances and other 
         Relief
     Sec. 4.27  Modification or Revocation of Orders
     Sec. 4.28  Action on Applications
     Sec. 4.29  Consolidation of Proceedings
     Sec. 4.30  Consent Findings and Rules or Orders
     Sec. 4.31  Order of Proceedings and Burden of Proof

                         Subpart E--Complaints

     Sec. 5.01  Complaints
     Sec. 5.02  Appointment of the Hearing Officer
     Sec. 5.03  Dismissal, Summary Judgment, and Withdrawal of 
         Complaint
     Sec. 5.04  Confidentiality

                   Subpart F--Discovery and Subpoenas

     Sec. 6.01  Discovery
     Sec. 6.02  Requests for Subpoenas
     Sec. 6.03  Service
     Sec. 6.04  Proof of Service
     Sec. 6.05  Motion to Quash
     Sec. 6.06  Enforcement

                          Subpart G--Hearings

     Sec. 7.01  The Hearing Officer
     Sec. 7.02  Sanctions
     Sec. 7.03  Disqualification of the Hearing Officer
     Sec. 7.04  Motions and Prehearing Conference
     Sec. 7.05  Scheduling the Hearing
     Sec. 7.06  Consolidation and Joinder of Cases
     Sec. 7.07  Conduct of Hearing; Disqualification of 
         Representatives
     Sec. 7.08  Transcript

[[Page S11111]]

     Sec. 7.09  Admissibility of Evidence
     Sec. 7.10  Stipulations
     Sec. 7.11  Official Notice
     Sec. 7.12  Confidentiality
     Sec. 7.13  Immediate Board Review of a Ruling by a Hearing 
         Officer
     Sec. 7.14  Briefs
     Sec. 7.15  Closing the record
     Sec. 7.16  Hearing Officer Decisions; Entry in Records of the 
         Office

                Subpart H--Proceedings Before the Board

     Sec. 8.01  Appeal to the Board
     Sec. 8.02  Reconsideration
     Sec. 8.03  Compliance with Final Decisions, Requests for 
         Enforcement
     Sec. 8.04  Judicial Review

           Subpart I--Other Matters of General Applicability

     Sec. 9.01  Filing, Service and Size Limitations of Motions, 
         Briefs, Responses and other Documents
     Sec. 9.02  Signing of Pleadings, Motions and Other Filings; 
         Violations of Rules; Sanctions
     Sec. 9.03  Attorney's Fees and Costs
     Sec. 9.04  Ex parte Communications
     Sec. 9.05  Settlement Agreements
     Sec. 9.06  Destruction of Closed Files
     Sec. 9.07  Payment of Decisions or Awards under Section 
         415(a) of the Act
     Sec. 9.0[6]8  Revocation, Amendment or Waiver of Rules

                           *   *   *   *   *

     Sec. 1.03  Filing and Computation of Time.

       (a) Method of Filing. Documents may be filed in person or 
     by mail, including express, overnight and other expedited 
     delivery. When specifically authorized by the Executive 
     Director, any document may also be filed by electronic 
     transmittal in a designated format. Requests for counseling 
     under section 2.03, requests for mediation under section 2.04 
     and complaints under section 5.01 of these rules may also be 
     filed by facsimile (FAX) transmission. . . . .

                             .  .  .  .  .

       (d) Service or filing of documents by certified mail, 
     return receipt requested. Whenever these rules permit or 
     require service or filing of documents by certified mail, 
     return receipt requested, such documents may also be served 
     or filed by express mail or other forms of expedited delivery 
     in which proof of delivery to the addressee is provided.

                           *   *   *   *   *

     1.05  Designation of Representative.

       (a) An employee, other charging individual or party, a 
     witness, a labor organization, an employing office, an entity 
     alleged to be responsible for correcting a violation wishing 
     to be represented by another individual must file with the 
     Office a written notice of designation of representative. The 
     representative may be, but is not required to be, an 
     attorney. During the period of counseling and mediation, upon 
     the request of a party, if the Executive Director concludes 
     that a representative of an employee, of a charging party, of 
     a labor organization, of an employing office, or of an entity 
     alleged to be responsible for correcting a violation has a 
     conflict of interest, the Executive Director may, after 
     giving the representative an opportunity to respond, 
     disqualify the representative. In that event, the period for 
     counseling or mediation may be extended by the Executive 
     Director for a reasonable time to afford the party an 
     opportunity to obtain another representative. 

                           *   *   *   *   *

     2.03  Counseling.

       (a) Initiating a Proceeding; Formal Request for Counseling. 
     In order to initiate a proceeding under these rules, an 
     employee shall [formally] file a written request for 
     counseling [from] with the Office regarding an alleged 
     violation of the Act, as referred to in section 2.01(a) 
     above. All [formal] requests for counseling shall be 
     confidential, unless the employee agrees to waive his or her 
     right to confidentiality under section 2.03(e)(2), below.

                             .  .  .  .  .

       (c) When, How, and Where to Request Counseling. A [formal] 
     request for counseling must be in writing, and [: (1)] shall 
     be [made] filed with the Office of Compliance at Room LA-200, 
     110 Second Street, SE., Washington, DC 20540-1999; telephone 
     202-724-9250; FAX 202-426-1913; TDD 202-426-1912, not later 
     than 180 days after the alleged violation of the Act.[;] [(2) 
     may be made to the Office in person, by telephone, or by 
     written request; (3) shall be directed to: Office of 
     Compliance, Adams Building, Room LA-200, 110 Second Street, 
     SE., Washington, DC. 20540-1999; telephone 202-724-9250; FAX 
     202-426-1913; TDD 202-426-1912.]

                               . . . . .

       (l) Conclusion of the Counseling Period and Notice. The 
     Executive Director shall notify the employee in writing of 
     the end of the counseling period, by certified mail, return 
     receipt requested, or by personal delivery. The Executive 
     Director, as part of the notification of the end of the 
     counseling period, shall inform the employee of the right and 
     obligation, should the employee choose to pursue his or her 
     claim, to file with the Office a request for mediation within 
     15 days after receipt by the employee of the notice of the 
     end of the counseling period.

                               . . . . .

       (m) Employees of the Office of the Architect of the Capitol 
     and the Capitol Police.
       (1) Where an employee of the Office of the Architect of the 
     Capitol or of the Capitol Police requests counseling under 
     the Act and these rules, the Executive Director may recommend 
     that the employee use the grievance procedures of the 
     Architect of the Capitol or the Capitol Police. The term 
     `grievance procedures' refers to internal procedures of the 
     Architect of the Capitol and the Capitol Police that can 
     provide a resolution of the matter(s) about which counseling 
     was requested. Pursuant to section 401 of the Act and by 
     agreement with the Architect of the Capitol and the Capitol 
     Police Board, when the Executive Director makes such a 
     recommendation, the following procedures shall apply:

                               . . . . .

       (ii) After having contacted the Office and having utilized 
     the grievance procedures of the Architect of the Capitol or 
     of the Capitol Police Board, the employee may notify the 
     Office that he or she wishes to return to the procedures 
     under these rules:
       (A) within [10] 60 days after the expiration of the period 
     recommended by the Executive Director, if the matter has not 
     been resolved; or
       (B) within 20 days after service of a final decision 
     resulting from the grievance procedures of the Architect of 
     the Capitol or the Capitol Police Board.

                           *   *   *   *   *

     2.04 Mediation.

                               . . . . .

       (e) Duration and Extension.
       (1) The mediation period shall be 30 days beginning on the 
     date the request for mediation is received, unless the Office 
     grants an extension.
       (2) The Office may extend the mediation period upon the 
     joint written request of the parties to the attention of the 
     Executive Director. The request [may be oral or] shall be 
     written and [shall be noted and] filed with the Office no 
     later than the last day of the mediation period. The request 
     shall set forth the joint nature of the request and the 
     reasons therefor, and specify when the parties expect to 
     conclude their discussions. Request for additional extensions 
     may be made in the same manner. Approval of any extensions 
     shall be within the sole discretion of the Office.

                               . . . . .

       (i) Conclusion of the Mediation Period and Notice. If, at 
     the end of the mediation period, the parties have not 
     resolved the matter that forms the basis of the request for 
     mediation, the Office shall provide the employee, and the 
     employing office, and their representatives, with written 
     notice that the mediation period has concluded. The written 
     notice to the employee will be sent by certified mail, return 
     receipt requested, or will be hand delivered, and it will 
     also notify the employee of his or her right to elect to file 
     a complaint with the Office in accordance with section 5.01 
     of these rules or to file a civil action pursuant to section 
     408 of the Act and section 2.06 of these rules.

                           *   *   *   *   *

     2.06 Filing of Civil Action.

                               . . . . .

       (c) Communication Regarding Civil Actions Filed with 
     District Court.
       (1) The party filing any civil action with the United 
     States District Court pursuant to sections 404(2) and 408 of 
     the Act should simultaneously provide a copy of the complaint 
     to the Office.
       (2) No party to any civil action referenced in paragraph 
     (1) shall request information from the Office regarding the 
     proceedings which took place pursuant to sections 402 or 403 
     related to said civil action, unless said party notifies the 
     other party(ies) to the civil action of the request to the 
     Office. The Office will determine whether the release of such 
     information is appropriate under the Act and the Rules of 
     Procedure.

                           *   *   *   *   *

        4.16 Comments on Occupational Safety and Health Reports. 
     The General Counsel will provide to responsible employing 
     office(s) a copy of any report issued for general 
     distribution not less than seven days prior to the date 
     scheduled for its issuance. If a responsible employing office 
     wishes to have its written comments appended to the report, 
     it shall submit such comments to the General Counsel no later 
     than 48 hours prior to the scheduled issuance date. The 
     General Counsel shall either include the written comments 
     without alteration as an appendix to the report, or 
     immediately decline the request for their inclusion. If the 
     General Counsel declines to include the submitted comments, 
     the employing office(s) may submit said denial to the Board 
     of Directors which, in its sole discretion, shall review the 
     matter and issue a final and non-appealable decision solely 
     regarding inclusion of the employing office(s) comments prior 
     to the issuance of the report. Submissions to the Board of 
     Directors in this regard shall be made expeditiously and 
     without regard to the requirements of subpart H of these 
     rules. In no event shall the General Counsel be required by 
     the Board to postpone the issuance of a report for more than 
     five days.

                           *   *   *   *   *

     Sec. 5.03 Dismissal, Summary Judgment, and Withdrawal of 
         Complaints.

                               . . . . .

       (d) Summary Judgment. A Hearing Officer may, after notice 
     and an opportunity to respond, issue summary judgment on some 
     or all of the complaint.
       ([d]e) Appeal. A [dismissal] final decision by the Hearing 
     Officer made under section

[[Page S11112]]

     5.03(a)-(c) or 7.16 of these rules may be subject to appeal 
     before the Board if the aggrieved party files a timely 
     petition for review under section 8.01.
       ([e]f) . . . . .
       ([f]g) . . . . .

                           *   *   *   *   *

     Sec. 7.02 Sanctions

       (a) The Hearing Officer may impose sanctions on a party's 
     representative for inappropriate or unprofessional conduct.
       (b) The Hearing Officer may impose sanctions upon the 
     parties under, but not limited to, the circumstances set 
     forth in this section.
       ([a]1) Failure to Comply with an Order. When a party fails 
     to comply with an order (including an order for the taking of 
     a deposition, for the production of evidence within the 
     party's control, or for production of witnesses), the Hearing 
     Officer may:
       ([1]a) . . . . .
       ([2]b) . . . . .
       ([3]c) . . . . .
       ([4]d) . . . . .

                           *   *   *   *   *

     Sec. 8.01 Appeal to the Board.

                             .  .  .  .  .

       (b)(1) Unless otherwise ordered by the Board, within 21 
     days following the filing of a petition for review to the 
     Board, the appellant shall file and serve a supporting brief 
     in accordance with section 9.01 of these rules. That brief 
     shall identify with particularity those findings or 
     conclusions in the decision and order that are challenged and 
     shall refer specifically to the portions of the record and 
     the provisions of statutes or rules that are alleged to 
     support each assertion made on appeal.
       (2) Unless otherwise ordered by the Board, within 21 days 
     following the service of the appellant's brief, the opposing 
     party may file and serve a reply brief.
       (3) Upon delegation by the Board, the Executive Director is 
     authorized to determine any request for extensions of time to 
     file any document or submission with the Board. Such 
     delegation shall continue until revoked by the Board.

.  .  .  .  .

                           *   *   *   *   *


     Sec. 9.01 Filing, Service and Size Limitations of Motions, 
         Briefs, Responses and other Documents.

       (a) Filing with the Office; Number. One original and three 
     copies of all motions, briefs, responses, and other documents 
     must be filed, whenever required, with the Office or Hearing 
     Officer. However, when a party aggrieved by the decision of a 
     Hearing Officer or other determination reviewable by the 
     Board files an appeal with the Board, one original and seven 
     copies of both any appeal brief and any responses must be 
     filed with the Office. The Officer, Hearing Officer, or Board 
     may also require a party to submit an electronic version of 
     any submission on a disk in a designated format.

.  .  .  .  .

                           *   *   *   *   *


     Sec. 9.03 Attorney's fees and costs.

       (a) Request. No later than 20 days after the entry of a 
     Hearing Officer's decision under section 7.16 or after 
     service of a Board decision by the Office, the complainant, 
     if he or she is a prevailing party, may submit to the Hearing 
     Officer who heard the case initially a motion for the award 
     of reasonable attorney's fees and costs, following the form 
     specified in paragraph (b) below. All motions for attorney's 
     fees and costs shall be submitted to the Hearing Officer. 
     [The Board or t] The Hearing Officer, after giving the 
     respondent an opportunity to reply, shall rule on the motion.

.  .  .  .  .

                           *   *   *   *   *


     Sec. 9.05 Informal Resolutions and Settlement Agreements

                             .  .  .  .  .

       (b) Formal Settlement Agreement. The parties may agree 
     formally to settle all or part of a disputed matter in 
     accordance with section 414 of the Act. In that event, the 
     agreement shall be in writing and submitted to the Executive 
     Director for review and approval. If the Executive Director 
     does not approve the settlement, such disapproval shall be in 
     writing, shall set forth the grounds therefor, and shall 
     render the settlement ineffective.
       (c) Requirements for a Formal Settlement Agreement. A 
     formal settlement agreement requires the signature of all 
     parties on the agreement document before the agreement can be 
     submitted to the Executive Director. A formal settlement 
     agreement cannot be rescinded after the signatures of all 
     parties have been affixed to the agreement, unless by written 
     revocation of the agreement voluntarily signed by all 
     parties, or as otherwise required by law.
       (d) Violation of a Formal Settlement Agreement. If a party 
     should allege that a formal settlement agreement has been 
     violated, the issue shall be determined by reference to the 
     formal dispute resolution procedures of the agreement. If the 
     particular formal settlement agreement does not have a 
     stipulated method for dispute resolution of an alleged 
     violation of the agreement, the following dispute resolution 
     procedure shall be deemed to be a part of each formal 
     settlement agreement approved by the Executive Director 
     pursuant to section 414 of the Act: Any complaint regarding a 
     violation of a formal settlement agreement may be filed with 
     the Executive Director no later than 60 days after the party 
     to the agreement becomes aware of the alleged violation. Such 
     complaints may be referred by the Executive Director to a 
     Hearing Officer for a final and binding decision. The 
     procedures for hearing and determining such complaints shall 
     be governed by subparts F, G, and H of these rules.
      9.06 Destruction of Closed Files.
       Closed case files regarding counseling, mediation, hearing, 
     and/or appeal may be destroyed during the calendar year in 
     which the fifth anniversary of the closure date occurs, or 
     during the calendar year in which the fifth anniversary of 
     the conclusion of all adversarial proceedings in relation 
     thereto occurs, whichever period ends later.
      9.07 Payment of Decisions, Awards, or Settlements under 
         section 415(a) of the Act.
       Whenever a decision or award pursuant to sections 405(g), 
     406(e), 407, or 408 of the Act, or an approved settlement 
     pursuant to section 414 of the Act, require the payment of 
     funds pursuant to section 415(a) of the Act, the decision, 
     award, or settlement shall be submitted to the Executive 
     Director to be processed by the Office for requisition from 
     the account of the Office of Compliance in the Department of 
     the Treasury, and payment.
     Sec. 9.0[6]8 Revocation, Amendment or Waiver of Rules.

.  .  .  .  .

                          ____________________