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contains regulatory documents having general

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are keyed to and codified in the Code of

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Rules and Regulations Federal Register

68941 

Vol. 75, No. 217 

Wednesday, November 10, 2010 

ADMINISTRATIVE CONFERENCE OF 

THE UNITED STATES 

1 CFR Part 301 

Organization and Purpose 

AGENCY: Administrative Conference of 

the United States. 

ACTION: Final rule. 

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. 

■ 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 

§ 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 info@acus.gov. The 

Conference’s recommendations may be 

obtained by accessing its Web site or by 

visiting the reading room at its offices. 

§ 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. 

§ 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 threeyear terms, of whom not more than onehalf 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 


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68942 Federal Register / Vol. 75, No. 217 / Wednesday, November 10, 2010 / Rules and Regulations 

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. 

§ 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. 

§ 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] 

BILLING CODE 6110–01–P 

DEPARTMENT OF AGRICULTURE 

Animal and Plant Health Inspection 

Service 

7 CFR Part 301 

[Docket No. APHIS–2009–0079] 

Karnal Bunt; Regulated Areas in 

Arizona, California, and Texas 

AGENCY: Animal and Plant Health 

Inspection Service, USDA. 

ACTION: Interim rule and request for 

comments. 

SUMMARY: We are amending the Karnal 

bunt regulations to make changes to the 

list of areas or fields regulated because 

of Karnal bunt, a fungal disease of 

wheat. We are adding the Buckeye/ 

Pretoria area of Maricopa County, AZ, to 

the list of regulated areas. We are also 

removing Throckmorton and Young 

Counties, TX, portions of Riverside 

County, CA, and certain areas in La Paz, 

Maricopa, and Pinal Counties, AZ, from 

the list of regulated areas based on our 

determination that those fields or areas 

meet our criteria for release from 

regulation. These actions are necessary 

to prevent the spread of Karnal bunt to 

noninfected areas of the United States 

and to relieve restrictions on certain 

areas that are no longer necessary. 

DATES: This interim rule is effective 

November 10, 2010. We will consider 

all comments that we receive on or 

before January 10, 2011. 

ADDRESSES: You may submit comments 

by either of the following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov/fdmspublic/ 

component/ 

main?main=DocketDetail&d=APHIS2009-0079 to submit or view comments 

and to view supporting and related 

materials available electronically. 

• Postal Mail/Commercial Delivery: 

Please send one copy of your comment 

to Docket No. APHIS–2009–0079, 

Regulatory Analysis and Development, 

PPD, APHIS, Station 3A–03.8, 4700 

River Road Unit 118, Riverdale, MD 


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