6448 Federal Register / Vol. 62, No. 29 / Wednesday, February 12, 1997 / Rules and Regulations

TITLE 29—[AMENDED]

SUBTITLE B—REGULATIONS RELATING

TO LABOR

CHAPTER I—NATIONAL LABOR

RELATIONS BOARD

PART 100—ADMINISTRATIVE

REGULATIONS

2. The authority citation for part 100

is revised to read as follows:

Authority: Sec. 6, National Labor Relations

Act, as amended (29 U.S.C. 141, 156).

Subpart A is also issued under 5 U.S.C.

7301.

Subpart B is also issued under the

Inspector General Act of 1978, as amended

by the Inspector General Act Amendments

of 1988, 5 U.S.C. app. 3; 42 U.S.C. 2000e–

16(a).

Subpart D is also issued under 28

U.S.C. 2672; 28 CFR part 14.

Subpart E is also issued under 29

U.S.C. 794.

3. Subpart A is revised to read as

follows:

Subpart A—Employee Responsibilities

and Conduct

§ 100.101 Cross-reference to financial

disclosure requirements and other conduct

rules.

Employees of the National Labor

Relations Board (NLRB) should refer to

the executive branch-wide Standards of

Ethical Conduct at 5 CFR part 2635; the

NLRB’s regulations at 5 CFR part 7101,

which supplement the executive

branch-wide standards; the employee

responsibilities and conduct regulations

at 5 CFR part 735; and the executive

branch financial disclosure regulations

at 5 CFR part 2634.

[FR Doc. 97–3376 Filed 2–11–97; 8:45 am]

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OFFICE OF PERSONNEL

MANAGEMENT

5 CFR Part 930

RIN 3206–AH31

Funding of Administrative Law Judge

Examination

AGENCY: Office of Personnel

Management.

ACTION: Final rule.

SUMMARY: The Office of Personnel

Management (OPM) is issuing a final

regulation to require agencies

employing administrative law judges to

reimburse OPM for the cost of

developing and administering

examinations for judge positions. The

regulation implements OPM’s authority

to delegate examining authority for all

competitive service positions except for

administrative law judges, and to

require employing agencies to reimburse

OPM for the cost of administrative law

judge examinations.

EFFECTIVE DATE: March 14, 1997.

FOR FURTHER INFORMATION CONTACT:

Richard A. Whitford on 202–606–2525,

TDD 202–606–0591, or FAX 202–606–

1768.

SUPPLEMENTARY INFORMATION: On July

29, 1996, OPM issued an interim

regulation at 61 FR 39267 to implement

the new funding arrangement for

administrative law judge examinations

as required by the Treasury, Postal

Service, and General Government

Appropriations Act, 1996 (Pub. L. 104–

52, November 19, 1995). This act

amended 5 U.S.C. 1104 to require OPM

to continue examining for

administrative law judges and to require

employing agencies to reimburse OPM

for the cost of doing so.

OPM’s interim regulation added a

new paragraph (c) to 5 CFR 930.201 to

require affected agencies to reimburse

OPM annually for the cost of developing

and administering administrative law

judge examinations. Each employing

agency’s share of reimbursement will be

based on its relative number of such

judges as of March 31 of the preceding

fiscal year. The regulation also provided

that OPM would work with employing

agencies to review the examination

program for effectiveness and efficiency

and identify needed improvements,

consistent with statutory requirements.

On this basis, OPM would compute and

notify each agency of its share, along

with a full accounting of costs.

We received two written comments,

both from agencies employing

administrative law judges. One agency

questioned the basis for the fee, pointing

out that the law does not specify any

specific reimbursement method. This

agency agreed with OPM’s proposal to

establish a working group of officials

from OPM and affected agencies but

suggested that this group determine how

costs are to be allocated and have a

continuing role in overseeing the

operation of the examination.

OPM will continue consulting, as we

have been, with the stakeholders in the

administrative law judge program,

including Chief Administrative Judges

from agencies with the largest judge

populations. For this fiscal year,

however, OPM has not allocated any of

its appropriated funds and has no other

funding source to operate this

examination. Therefore, we must bill

affected agencies, as indicated in the

interim regulation, based on their

relative share of the administrative law

judge workforce.

Another agency did not object to the

fee or the reimbursement method but

requested that OPM refer for its

appointment consideration only those

candidates who possess specialized

experience related to its programs.

Inasmuch as this action would require

a substantive change to 5 CFR part 930

that is outside the scope of this

rulemaking, OPM cannot act on the

proposal at this time. We will, however,

consider it in the future.

OPM is adopting without change the

new paragraph (c) to § 930.201

contained in the interim regulation

published on July 29, 1996.

Regulatory Flexibility Act

I certify that this regulation will not

have a significant economic impact on

a substantial number of small entities

because it pertains only to Federal

agencies.

Executive Order 12866, Regulatory

Review

This rule has been reviewed by the

Office of Management and Budget in

accordance with Executive Order 12866.

List of Subjects in 5 CFR Part 930

Administrative practice and

procedure, Government employees,

Motor vehicles.

Office of Personnel Management.

James B. King,

Director.

Accordingly, OPM is adopting its

interim regulation at 5 CFR part 930 as

published on July 29, 1996 (61 FR

39267) as final with the following

change:

1. The part title is corrected to read

as follows:

PART 930—PROGRAMS FOR

SPECIFIC POSITIONS AND

EXAMINATIONS (MISCELLANEOUS)

Subpart B—Appointment, Pay, and

Removal of Administrative Law Judges

2. The authority citation for subpart B

continues to read as follows:

Authority: 5 U.S.C. 1104(a)(2), 1305, 3105,

3323(b), 3344, 4301(2)(D), 5372, 7521.

[FR Doc. 97–3423 Filed 2–11–97; 8:45 am]

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