[Federal Register Volume 75, Number 217 (Wednesday, November 10, 2010)]
[Rules and Regulations]
[Pages 68941-68942]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-28207]



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 Rules and Regulations
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  Federal Register / Vol. 75, No. 217 / Wednesday, November 10, 2010 / 
Rules and Regulations  

[[Page 68941]]



ADMINISTRATIVE CONFERENCE OF THE UNITED STATES

1 CFR Part 301


Organization and Purpose

AGENCY: Administrative Conference of the United States.

ACTION: Final rule.

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SUMMARY: The Administrative Conference of the United States (ACUS or 
the Conference) is repromulgating updated rules identifying its 
purposes, organization and activities, as required by the Freedom of 
Information Act.

DATES: Effective Date: November 10, 2010.

FOR FURTHER INFORMATION CONTACT: David Pritzker, Deputy General 
Counsel, at 202-480-2093.

SUPPLEMENTARY INFORMATION: 
    Background Information. ACUS was established by the Administrative 
Conference Act, 5 U.S.C. 591-96. Following the loss of its funding in 
1995, ACUS ceased operations. In 1996, its prior regulations (including 
Part 301) were eliminated. 61 FR 3539 (1996). Congress has now 
reauthorized and refunded ACUS, which has now reinitiated operations. 
This regulation describes the agency's purposes, organization and 
activities in accordance with its current statutory authority and is 
promulgated pursuant to the requirements of 5 U.S.C. 552(a)(1).

Statutory Reviews

(a) No Notice Required Under 5 U.S.C. 553

    5 U.S.C. 553 exempts ``rules of agency organization, procedure, or 
practice'' from rulemaking notice requirements.

(b) Paperwork Reduction Act

    ACUS has determined that the Paperwork Reduction Act, 44 U.S.C. 
3501 et seq., does not apply because these regulations do not contain 
any information collection requirements.

(c) Regulatory Flexibility Act

    The Regulatory Flexibility Act, 5 U.S.C. 601 et seq., requires 
agencies to perform regulatory flexibility analyses when promulgating 
rules through notice and comment procedures. Since notice and comment 
procedures are not required here, the Regulatory Flexibility Act does 
not apply.

List of Subjects in 1 CFR Part 301

    Organization and Functions.


0
For the reasons set forth in the preamble, under the authority at 5 
U.S.C. 552 and 591-96, the Administrative Conference of the United 
States is establishing 1 CFR Chapter III, consisting of Parts 300 
through 399, to read as follows:

CHAPTER III--ADMINISTRATIVE CONFERENCE OF THE UNITED STATES

PART 300--[RESERVED]

PART 301--ORGANIZATION AND PURPOSE

Sec.
301.1 Establishment and location.
301.2 Purposes.
301.3 Organization.
301.4 Activities.
301.5 Office of the Chairman.

    Authority: 5 U.S.C. 552, 591-96.

PART 301--ORGANIZATION AND PURPOSE


Sec.  301.1  Establishment and location.

    The Administrative Conference of the United States was established 
as a permanent independent agency of the Federal Government by the 
Administrative Conference Act (5 U.S.C. 591-96), as amended. The 
Conference offices are located at 1120 20th Street, NW., South Lobby, 
Suite 706, Washington, DC 20036. The offices are open from 8:30 a.m. to 
5 p.m., Monday through Friday, excluding legal holidays, unless 
otherwise stated. General correspondence and filings should be 
delivered to the foregoing address. Electronic filings should be 
transmitted as specified by the Conference. The public may obtain 
information about the Conference either by accessing its Web site at 
http://www.acus.gov, by calling the Conference offices at (202) 480-
2080, or by contacting [email protected]. The Conference's recommendations 
may be obtained by accessing its Web site or by visiting the reading 
room at its offices.


Sec.  301.2  Purposes.

    The purposes of the Administrative Conference are--
    (a) To provide suitable arrangements through which Federal 
agencies, assisted by outside experts, may cooperatively study mutual 
problems, exchange information, and develop recommendations for action 
by proper authorities to the end that private rights may be fully 
protected and regulatory activities and other Federal responsibilities 
may be carried out expeditiously in the public interest;
    (b) To promote more effective public participation and efficiency 
in the rulemaking process;
    (c) To reduce unnecessary litigation in the regulatory process;
    (d) To improve the use of science in the regulatory process; and
    (e) To improve the effectiveness of laws applicable to the 
regulatory process.


Sec.  301.3  Organization.

    (a) The Chairman of the Administrative Conference of the United 
States is appointed by the President, with the advice and consent of 
the Senate, for a five-year term.
    (b) The Council consists of the Chairman and 10 other members who 
are appointed by the President for three-year terms, of whom not more 
than one-half may be employees of Federal regulatory agencies or 
Executive departments.
    (c) The total membership of the Conference may not, by statute, be 
lower than 75 or higher than 101. It comprises, in addition to the 
Council, approximately 50 Government members (from Executive 
departments and agencies designated by the President and independent 
regulatory boards or commissions) and approximately 40 non-Government 
or public members appointed by the Chairman with the approval of the 
Council (lawyers in private practice, scholars in the field of 
administrative law or government, or others specially informed by 
knowledge and experience with respect to Federal administrative 
procedure). Public members are selected so as to provide broad 
representation of the views of

[[Page 68942]]

private citizens and utilize diverse experience.
    (d) Members of the Conference, except the Chairman, are not 
entitled to pay for service; although public members are entitled to 
travel reimbursement.
    (e) The membership is divided into six standing committees, each 
assigned a broad area of interest as follows: Adjudication, 
Administration, Public Processes, Judicial Review, Regulation, and 
Rulemaking.
    (f) The membership meeting in plenary session is called the 
Assembly of the Administrative Conference. The Council must call at 
least one plenary session each year. The Assembly has authority to 
adopt bylaws for carrying out the functions of the Conference.


Sec.  301.4  Activities.

    (a) The Conference may study the efficiency, adequacy, and fairness 
of the administrative procedure used by administrative agencies in 
carrying out administrative programs. Subjects for inquiry by the 
Conference are developed by the Chairman, the Council, the committees, 
and the Assembly. The committees, with the assistance of staff and 
consultants, conduct thorough studies of these subjects and develop 
proposed recommendations and supporting reports. Reports and 
recommendations are considered by the Council and distributed to the 
membership, with the views and recommendations of the Council, to be 
placed on the agenda of a plenary session. The Assembly has complete 
authority to approve, amend, remand, or reject recommendations 
presented by the committees. The deliberations of the Assembly are 
public. Recommendations may be made to administrative agencies, 
collectively or individually, and to the President, Congress, or the 
Judicial Conference of the United States, as the Conference considers 
appropriate.
    (b) The Conference may arrange for interchange among administrative 
agencies of information potentially useful in improving administrative 
procedure, collect information and statistics from administrative 
agencies and publish such reports as it considers useful for evaluating 
and improving administrative procedure, and enter into arrangements 
with any administrative agency or major organizational unit within an 
administrative agency pursuant to which the Conference performs any of 
the functions described in this section.
    (c) The Conference may provide assistance in response to requests 
relating to the improvement of administrative procedure in foreign 
countries, subject to the concurrence of the Secretary of State or the 
Administrator of the Agency for International Development, as 
appropriate, except that:
    (1) Such assistance shall be limited to the analysis of issues 
relating to administrative procedure, the provision of training of 
foreign officials in administrative procedure, and the design or 
improvement of administrative procedure, where the expertise of members 
of the Conference is indicated; and
    (2) Such assistance may only be undertaken on a fully reimbursable 
basis, including all direct and indirect administrative costs.
    (d) For purposes of this section:
    (1) ``Administrative program'' includes a Federal function which 
involves protection of the public interest and the determination of 
rights, privileges, and obligations of private persons through 
rulemaking, adjudication, licensing, or investigation, except that it 
does not include a military or foreign affairs function of the United 
States; and
    (2) ``Administrative procedure'' means procedure used in carrying 
out an administrative program and is to be broadly construed to include 
any aspect of agency organization, procedure, or management which may 
affect the equitable consideration of public and private interests, the 
fairness of agency decisions, the speed of agency action, and the 
relationship of operating methods to later judicial review, but does 
not include the scope of agency responsibility as established by law or 
matters of substantive policy committed by law to agency discretion.


Sec.  301.5  Office of the Chairman.

    The Chairman is the chief executive of the Conference. The Chairman 
presides at meetings of the Council and at each plenary session of the 
Conference. Among his powers is the authority to encourage Federal 
agencies to adopt the recommendations of the Conference. The Chairman 
is also authorized to make inquiries into matters he considers 
important for Conference consideration, including matters proposed by 
individuals inside or outside the Federal Government. The purpose of 
such inquiries is not to review the results in particular cases, but 
rather to determine whether the problems should be made the subject of 
Conference study in the interests of developing fair and effective 
procedures for such cases. Upon request of the head of an agency, the 
Chairman is authorized to furnish assistance and advice on matters of 
administrative procedure. The Chairman may request agency heads to 
provide information needed by the Conference, which information shall 
be supplied to the extent permitted by law.

PARTS 302 THROUGH 399--[RESERVED]

    Dated: November 3, 2010.
Paul R. Verkuil,
Chairman.
[FR Doc. 2010-28207 Filed 11-9-10; 8:45 am]
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