[Federal Register Volume 69, Number 115 (Wednesday, June 16, 2004)]
[Rules and Regulations]
[Pages 33535-33536]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-13558]



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 Rules and Regulations
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  Federal Register / Vol. 69, No. 115 / Wednesday, June 16, 2004 / 
Rules and Regulations  

[[Page 33535]]



OFFICE OF PERSONNEL MANAGEMENT

5 CFR Part 110

RIN 3206-AJ73


Posting Regulations

AGENCY: Office of Personnel Management.

ACTION: Final rule.

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SUMMARY: The Office of Personnel Management (OPM) is issuing final 
regulations to revise the rules relating to notice of new regulations 
and information collection requirements. The revisions include 
eliminating one subpart and renaming the remaining subpart and plain 
language modifications.

DATES: Effective Date: This regulation is effective on July 16, 2004.

FOR FURTHER INFORMATION CONTACT: Robert T. Coco, (202) 606-1822, Fax: 
(202) 606-0909, or e-mail [email protected].

SUPPLEMENTARY INFORMATION: On March 6, 2003, the Office of Personnel 
Management (OPM) published a proposed rule (68 FR 10666) revising part 
110 of title 5, Code of Federal Regulations. The proposed rule had a 
60-day comment period, during which OPM received no comments. The final 
rule is identical to the proposed rule. The rule will make the 
following revisions to title 5, Code of Federal Regulations. Part 110 
is revised to reflect the removal of old subpart B--Information 
Collection Requirements. Old subpart B was a requirement arising from 
an internal OPM housekeeping function no longer in effect. Its removal 
requires us to eliminate the old subpart A designation and use the 
designation part 110 to refer to the remaining material. We have also 
made minor word changes and changed the order of material within the 
section. Except as otherwise noted, the purpose of these revisions is 
not to make substantive changes but, rather, to make part 110 more 
readable.
    Section 110.101: Changes ``special bulletins'' to ``notice'' and 
changes ``new regulations'' to ``new proposed, interim, and final 
regulations.'' Corrects the name of the type of issuance currently 
used, which was changed in 1994 when the bulletin system was abolished, 
and clarifies regulation description to indicate that it includes new 
proposed, interim, and final regulations.
    Section 110.101(b): (Note old paragraphs (a) and (b) have been 
reversed, and redesignated as paragraphs (b) and (a), respectively, so 
that they are now in a more logical sequence). Provides the option for 
viewing documents either in paper format or via Web site, thus 
providing the ability to use electronic as well as paper format of 
documents.
    Section 110.102(b): Adds ``agency Web sites'' as a supplemental 
posting option. This provides the option for an agency to make new OPM 
regulations available on the agency's Web site or through a link to the 
OPM Web site.

Regulatory Flexibility Act

    I certify that this proposed regulation will not have a significant 
economic impact on a substantial number of small entities.

Executive Order 12866, Regulatory Review

    The Office of Management and Budget has reviewed this rule in 
accordance with Executive Order 12866.

List of Subjects in 5 CFR Part 110

    Government employees, Reporting and recordkeeping requirements.

Office of Personnel Management.
Kay Coles James,
Director.

0
Accordingly, OPM is revising part 110 of title 5, Code of Federal 
Regulations as follows:

PART 110--POSTING NOTICES OF NEW OPM REGULATIONS

    Authority: 5 U.S.C. 1103.


Sec.  110.101  What are OPM's Notice and Posting System 
responsibilities?

    OPM will issue a notice that will provide information for Federal 
agencies, employees, managers, and other stakeholders on each of its 
new proposed, interim, and final regulations. Each notice will 
transmit:
    (a) A posting notice that briefly explains the nature of the 
change, and provides a place for Federal agencies to indicate where the 
full text of the Federal Register notice will be available for review.
    (b) A copy of the notice of rulemaking that appears in the Federal 
Register or a link to a Web site where the notice of rulemaking 
appears.


Sec.  110.102  What are Agency responsibilities?

    (a) Agencies will make regulations available for review by 
employees, managers, and other interested parties. Federal agencies 
receiving the notices of rulemaking described in Sec.  110.101(b) will 
make those regulations available for review upon request. Each agency 
will complete the posting notice described in Sec.  110.101(a) 
indicating where and how requests to review these materials should be 
made.
    (b) Agencies will determine posting locations and, if desired, 
develop supplemental announcements. Agencies will display completed 
posting notices in a prominent place where the notices can be easily 
seen and read. Agencies will choose the posting location that best fits 
their physical layout. Agencies may supplement these postings with 
announcements in employee newsletters, agency Web sites, or other 
communication methods. The basic requirement to post the notice 
continues, however, even if supplemental announcement methods are used.
    (c) Agencies will post notices of the new regulations even if the 
Federal Register comment date has passed. The public comment period on 
proposed regulations begins when a notice of proposed rulemaking is 
published in the Federal Register, not with the posting of the notice 
described in Sec.  110.101(a). The purpose of posting notice is solely 
to inform agency personnel of changes. Agencies are required to post 
the posting notice even if the formal deadline for comments shown in 
the preamble of the Federal Register notice of rulemaking has passed. 
Agencies should make every reasonable effort to minimize delays in 
distributing the notice described in Sec.  110.101 to their field 
offices.

[[Page 33536]]

    (d) No fixed posting period. There are no minimum or maximum time 
limits on displaying the notice described in Sec.  110.101(a). Each 
office receiving a notice for posting should choose the posting period 
which provides the best opportunity to inform managers and employees of 
regulatory changes based upon office layout, geographic dispersion of 
employees, and other local factors.

[FR Doc. 04-13558 Filed 6-15-04; 8:45 am]
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