This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

1493 

Vol. 73, No. 6 

Wednesday, January 9, 2008 

OFFICE OF PERSONNEL 

MANAGEMENT 

5 CFR Part 531 

RIN 3206–AL27 

Locality Pay Areas 

AGENCY: Office of Personnel 

Management. 

ACTION: Final rule. 

SUMMARY: On behalf of the President’s 

Pay Agent, the Office of Personnel 

Management is issuing final regulations 

on the locality pay program for General 

Schedule and certain other employees. 

Originally published on June 22, 2007 

as an interim rule with a request for 

comments, the regulations added 

Whatcom County, WA, to the Seattle 

locality pay area effective with the first 

pay period that began on or after July 

23, 2007, removed the reference to a 

January effective date for changes made 

by the President’s Pay Agent in locality 

pay area boundaries, made a number of 

changes in the official names of locality 

pay areas to correspond to revised 

names of Metropolitan Statistical Areas 

and Combined Statistical Areas as 

established by the Office of Management 

and Budget, and provided notice and 

documentation of a number of changes 

in locality pay area boundaries that 

resulted from revisions in Metropolitan 

and Combined Statistical Areas. We 

received no comments on the interim 

rule and adopt the final rule without 

change. 

DATES: Effective on February 8, 2008 we 

are adopting as a final rule the interim 

rule published at 72 FR 34361 on June 

22, 2007. 

Applicability Date: The regulations 

were applicable on the first day of the 

first pay period that began on or after 

July 23, 2007. 

FOR FURTHER INFORMATION CONTACT: 

Allan Hearne, (202) 606–2838; FAX: 

(202) 606–4264; e-mail: payperformance-policy@opm.gov. 

SUPPLEMENTARY INFORMATION: Section 

5304 of title 5, United States Code, and 

5 CFR part 531, subpart F, authorize 

locality pay for General Schedule (GS) 

and certain other employees with 

official worksites in the 48 contiguous 

United States and the District of 

Columbia. Section 5304(f) of title 5, 

United States Code, authorizes the 

President’s Pay Agent (the Secretary of 

Labor, the Director of the Office of 

Management and Budget (OMB), and 

the Director of the Office of Personnel 

Management (OPM)) to determine 

locality pay areas. 

On June 22, 2007 (72 FR 34361), OPM 

published an interim rule to add 

Whatcom County, WA, to the Seattle 

locality pay area, remove the reference 

to a January effective date for changes 

made by the President’s Pay Agent in 

locality pay area boundaries, and make 

a number of changes in the official 

names of locality pay areas to 

correspond to revised names of 

Metropolitan Statistical Areas (MSAs) 

and Combined Statistical Areas (CSAs) 

as established by the Office of 

Management and Budget. The 

regulations also provided notice and 

documentation of a number of changes 

in locality pay area boundaries that 

resulted from the revisions in MSAs and 

CSAs. We received no comments on the 

interim rule and OPM is adopting the 

rule as final without changes. 

E.O. 12866, Regulatory Review 

The Office of Management and Budget 

has reviewed this rule in accordance 

with E.O. 12866. 

Regulatory Flexibility Act 

I certify that these regulations would 

not have a significant economic impact 

on a substantial number of small entities 

because they would apply only to 

Federal agencies and employees. 

List of Subjects in 5 CFR Part 531 

Government employees, Law 

enforcement officers, Wages. 

Office of Personnel Management. 

Linda M. Springer, 

Director. 

■ Accordingly, the interim rule 

amending 5 CFR part 531 published at 

72 FR 34361 on June 22, 2007, is 

adopted as a final rule without change. 

[FR Doc. E8–125 Filed 1–8–08; 8:45 am] 

BILLING CODE 6325–39–P 

DEPARTMENT OF JUSTICE 

28 CFR Parts 0 and 27 

[Docket No. OAG 120; A.G. Order No. 2926– 

2008] 

Technical Amendments to the 

Regulations Providing Whistleblower 

Protection for Federal Bureau of 

Investigation Employees 

AGENCY: Office of the Inspector General 

and Office of Attorney Recruitment and 

Management, Justice. 

ACTION: Final rule. 

SUMMARY: This rule makes several 

technical amendments to the 

Department of Justice regulations that 

provide whistleblower protection for 

Federal Bureau of Investigation (FBI) 

employees. 

DATES: Effective Date: January 9, 2008. 

FOR FURTHER INFORMATION CONTACT: 

Louis DeFalaise, Director, Office of 

Attorney Recruitment and Management, 

U.S. Department of Justice, Washington, 

DC 20530, (202) 514–8900. 

SUPPLEMENTARY INFORMATION: This rule 

makes four technical amendments to 

relevant portions of the Department of 

Justice regulations that provide 

whistleblower protections to FBI 

employees under 28 CFR parts 0 and 27. 

Three of the amendments are made so 

that the provisions conform with the 

organizational changes brought about by 

a restructuring of the FBI’s Office of 

Professional Responsibility (FBI–OPR) 

in 2004, whereby FBI–OPR’s 

investigatory function was moved to the 

FBI’s Inspection Division (FBI–INSD) 

and FBI–OPR retained its adjudicatory 

role. The fourth change is made to 

conform the regulations with the 

implementing statute. 

First, ‘‘the FBI Inspection Division 

(FBI–INSD) Internal Investigations 

Section,’’ is added to the list of offices 

designated to receive a ‘‘protected’’ 

disclosure in 28 CFR 27.1(a) because 

that is the office now responsible for 

investigating and most likely to receive 

allegations of misconduct internal to the 

FBI. 


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1494 Federal Register / Vol. 73, No. 6 / Wednesday, January 9, 2008 / Rules and Regulations 

Second, as presently worded, 28 CFR 

27.1(b) provides that the Department’s 

Office of Inspector General (OIG) or 

Office of Professional Responsibility 

(OPR) may refer whistleblower 

disclosures to FBI–OPR for investigation 

unless the Deputy Attorney General 

determines that such referral shall not 

be made. To reflect the current 

assignment of responsibility, ‘‘FBI–

OPR’’ in § 27.1(b) is changed to ‘‘FBI–

INSD Internal Investigations Section.’’

Third, like § 27.1(b), 28 CFR 0.29d(a) 

provides that OIG or DOJ–OPR may 

refer whistleblower disclosures to FBI–

OPR for investigation unless the Deputy 

Attorney General determines that such 

referral shall not be made. ‘‘FBI–OPR’’

in § 0.29d(a) is changed to ‘‘FBI 

Inspection Division (FBI–INSD) Internal 

Investigations Sections.’’

Finally, this rule also makes a 

technical correction to 28 CFR 

27.4(e)(1), so that the ‘‘contributing 

factor’’ standard in that provision is 

consistent with 5 U.S.C. 1221(e)(1), in 

accordance with Congress’ directive in 5 

U.S.C. 2303(c) that ‘‘[p]rohibited 

personnel practices in the [FBI]’’ be 

enforced ‘‘in a manner consistent with 

applicable provisions of [5 U.S.C.] 

sections 1214 and 1221.’’ Section 

1221(e)(1) provides, in relevant part: 

[T]he Board shall order * * * corrective 

action as the Board considers appropriate if 

the employee, former employee, or applicant 

for employment has demonstrated that a 

disclosure described under section 2302(b)(8) 

was a contributing factor in the personnel 

action which was taken or is to be taken 

against such employee, former employee, or 

applicant. The employee may demonstrate 

that the disclosure was a contributing factor 

in the personnel action through 

circumstantial evidence, such as evidence 

that—

(A) the official taking the personnel action 

knew of the disclosure; and (B) the personnel 

action occurred within a period of time such 

that a reasonable person could conclude that 

the disclosure was a contributing factor in 

the personnel action. 

The rule will change the third ‘‘or’’ in 

§ 27.4(e)(1) to ‘‘and’’ in order to track 

this statutory language. 

Administrative Procedure Act 

This rule relates to matters of agency 

personnel, organization, and procedure, 

and is therefore exempt from the 

requirements of notice and comment 

and a 30-day delay in the effective date 

of 5 U.S.C. 553(a)(2), (b)(3)(A), (d)(3). 

Regulatory Flexibility Act 

The Attorney General, in accordance 

with the Regulatory Flexibility Act, 5 

U.S.C. 605(b), has reviewed this rule 

and, by approving it, certifies that this 

regulation will not have a significant 

economic impact on a substantial 

number of small entities because it 

pertains to personnel and administrative 

matters affecting the Department. 

Executive Order 12866 

This rule has been drafted and 

reviewed in accordance with Executive 

Order 12866, Regulatory Planning and 

Review, section 1(b), Principles of 

Regulation. The Department has 

determined that this rule is not a 

‘‘significant regulatory action’’ under 

Executive Order 12866, section 3(f), and 

accordingly this rule has not been 

reviewed by the Office of Management 

and Budget. 

Executive Order 12988 

This rule meets the applicable 

standards set forth in sections 3(a) and 

3(b)(2) of Executive Order 12988, Civil 

Justice Reform. 

Executive Order 13132 

This rule will not have substantial 

direct effects on the States, on the 

relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government. Therefore, in 

accordance with Executive Order 13132, 

Federalism, the Department has 

determined that this rule does not have 

sufficient federalism implications to 

warrant the preparation of a federal 

summary impact statement. 

Unfunded Mandates Reform Act of 

1995 

This rule will not result in the 

expenditure by State, local, and tribal 

government, in the aggregate, or by the 

private sector, of $100 million or more 

in any one year, and it will not 

significantly or uniquely affect small 

governments. Therefore, no actions are 

necessary under the provisions of the 

Unfunded Mandates Reform Act of 

1995, 2 U.S.C. 1501 et seq. 

Small Business Regulatory Enforcement 

Fairness Act of 1996 

This rule is not a ‘‘major rule’’ as 

defined by section 251 of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, 5 U.S.C. 804. This 

rule will not result in an annual effect 

on the economy of $100 million or 

more; a major increase in costs or prices; 

or significant adverse effects on 

competition, employment, investment, 

productivity, innovation, or the ability 

of the United States-based companies to 

compete with foreign-based companies 

in domestic and export markets. 

This action pertains to agency 

personnel, organization, and procedure 

and does not substantially affect the 

rights or obligations of non-agency 

parties. Accordingly it is not a ‘‘rule’’ for 

the purposes of the reporting 

requirement of 5 U.S.C. 801. 

Congressional Review Act 

The Department has determined that 

this action pertains to agency personnel, 

organization, and procedure and, 

accordingly, is not a ‘‘rule’’ as that term 

is used by the Congressional Review Act 

(Subtitle E of the Small Business 

Regulatory Enforcement Fairness Act of 

1996). Therefore, the reporting 

requirement of 5 U.S.C. 801 does not 

apply. 

List of Subjects in 28 CFR Parts 0 and 

27 

Government employees; Justice 

Department; Organization and functions 

(Government agencies); Whistleblowing. 

■ Accordingly, by virtue of the authority 

vested in me as Attorney General, 

including 5 U.S.C. 301 and 28 U.S.C. 

509 and 510, parts 0 and 27 of title 28 

of the Code of Federal Regulations are 

amended as follows: 

PART 0—ORGANIZATION OF THE 

DEPARTMENT OF JUSTICE 

■ 1. The authority for citation for part 0 

continues to read as follows: 

Authority: 5 U.S.C. 301; 28 U.S.C. 509, 

510, 515–519. 

Subpart E–4—Office of the Inspector 

General 

■ 2. Revise paragraph (a) of § 0.29d to 

read as follows: 

§ 0.29d Whistleblower Protection for FBI 

employees. 

(a) Protected disclosures by FBI 

employees. Disclosures of information 

by an FBI employee that the employee 

reasonably believes evidences a 

violation of any law, rule, or regulation, 

or mismanagement, gross waste of 

funds, an abuse of authority, or a 

substantial and specific danger to public 

health or safety are protected 

disclosures when they are reported as 

provided in § 27.1 of this chapter. Any 

office or official (other than the OIG or 

DOJ–OPR) receiving a protected 

disclosure shall promptly report such 

disclosure to the OIG or DOJ–OPR. The 

OIG or DOJ–OPR may refer such 

allegations to FBI Inspection Division 

(FBI–INSD) Internal Investigations 

Section for investigation unless the 

Deputy Attorney General determines 

that such referral shall not be made. 

* * * * * 


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Federal Register / Vol. 73, No. 6 / Wednesday, January 9, 2008 / Rules and Regulations 1495 

PART 27—WHISTLEBLOWER 

PROTECTION FOR FEDERAL BUREAU 

OF INVESTIGATION EMPLOYEES 

■ 3. The authority for citation for part 27 

continues to read as follows: 

Authority: 5 U.S.C. 301, 3151; 28 U.S.C. 

509, 510, 515–519; 5 U.S.C. 2303; President’s 

Memorandum to the Attorney General, 

Delegation of Responsibilities Concerning 

FBI Employees Under the Civil Service 

Reform Act of 1978, 3 CFR p. 284 (1997). 

■ 4. Revise § 27.1 to read as follows: 

§ 27.1 Making a protected disclosure. 

(a) When an employee of, or applicant 

for employment with, the Federal 

Bureau of Investigation (FBI) (FBI 

employee) makes a disclosure of 

information to the Department of 

Justice’s (Department’s) Office of 

Professional Responsibility (OPR), the 

Department’s Office of Inspector 

General (OIG), the FBI Office of 

Professional Responsibility (FBI OPR), 

the FBI Inspection Division (FBI–INSD) 

Internal Investigations Section 

(collectively, Receiving Offices), the 

Attorney General, the Deputy Attorney 

General, the Director of the FBI, the 

Deputy Director of the FBI, or to the 

highest ranking official in any FBI field 

office, the disclosure will be a 

‘‘protected disclosure’’ if the person 

making it reasonably believes that it 

evidences: 

(1) A violation of any law, rule or 

regulation; or 

(2) Mismanagement, a gross waste of 

funds, an abuse of authority, or a 

substantial and specific danger to public 

health or safety. 

(b) Any office or official (other than 

the OIG or OPR) receiving a protected 

disclosure shall promptly report such 

disclosure to the OIG or OPR for 

investigation. The OIG and OPR shall 

proceed in accordance with procedures 

establishing their respective 

jurisdiction. The OIG or OPR may refer 

such allegations to FBI–INSD Internal 

Investigations Section for investigation 

unless the Deputy Attorney General 

determines that such referral shall not 

be made. 

■ 5. Revise paragraph (e)(1) of § 27.4 to 

read as follows: 

§ 27.4 Corrective action and other relief; 

Director, Office of Attorney Recruitment and 

Management. 

* * * * * 

(e)(1) The Director shall determine, 

based upon all the evidence, whether a 

protected disclosure was a contributing 

factor in a personnel action taken or to 

be taken. Subject to paragraph (e)(2) of 

this section, if the Director determines 

that a protected disclosure was a 

contributing factor in a personnel action 

taken or to be taken, the Director shall 

order corrective action as the Director 

deems appropriate. The Director may 

conclude that the disclosure was a 

contributing factor in the personnel 

action based upon circumstantial 

evidence, such as evidence that the 

employee taking the personnel action 

knew of the disclosure and that the 

personnel action occurred within a 

period of time such that a reasonable 

person could conclude that the 

disclosure was a contributing factor in 

the personnel action. 

* * * * * 

Dated: December 28, 2007. 

Michael B. Mukasey, 

Attorney General. 

[FR Doc. 08–7 Filed 1–8–08; 8:45 am] 

BILLING CODE 4410–PB–M 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. CGD07–07–107] 

RIN 1625–AA09 

Drawbridge Operation Regulation; Gulf 

Intracoastal Waterway, Mile 131.8, 

Clearwater, FL 

AGENCY: Coast Guard, DHS. 

ACTION: Final rule. 

SUMMARY: The Coast Guard is changing 

the operating regulations governing the 

Belleair Beach Bridge, Gulf Intracoastal 

Waterway, mile 131.8, Clearwater, 

Florida. This rule will allow the bridge 

to open on signal, except that from 7 

a.m. to 7 p.m. this bridge will open on 

the hour and half-hour. This action is 

necessary for workers’ safety and will 

assist in expediting the construction of 

the new bridge. 

DATES: This rule is effective February 8, 

2008. 

ADDRESSES: Comments and material 

received from the public, as well as 

documents indicated in this preamble as 

being available in the docket, are part of 

docket [Docket No. CGD07–07–107] and 

are available for inspection or copying 

at Commander (dpb), Seventh Coast 

Guard District, 909 S.E. 1st Avenue, 

Room 432, Miami, Florida 33131–3028, 

between 8 a.m. and 4:30 p.m., Monday 

through Friday, except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Michael Lieberum, Seventh Coast Guard 

District, Bridge Administration Branch, 

telephone number 305–415–6744. 

SUPPLEMENTARY INFORMATION: 

Regulatory Information 

On June 18, 2007, we published a 

notice of proposed rulemaking (NPRM) 

entitled Drawbridge Operation 

Regulations; Gulf Intracoastal 

Waterway, mile 131.8, Clearwater, FL in 

the Federal Register, 72 FR 33423–

33425. We received no comments on the 

proposed rule. No public meeting was 

requested, and none was held. 

Background and Purpose 

The existing regulation of the draw 

requires that the Belleair Beach Bridge, 

mile 131.8, Clearwater, FL shall open on 

signal; except that, from 12 noon to 6 

p.m., on Saturdays, Sundays, and 

holidays, the draw need open only on 

the hour, quarter hour, half hour, and 

three-quarter hour. 

Due to the construction of the new 

Belleair Beach high level fixed bridge, 

ECDriver, representing the owner of the 

bridge, requested that the Coast Guard 

change the current operation of the 

Belleair Beach Bridge. The bridge will 

be required to open twice an hour from 

7 a.m. to 7 p.m. In addition, the 

waterway may be restricted or closed for 

short periods to allow for construction 

of the new bridge. Exact times and dates 

of any waterway restrictions and 

closures and bridge restrictions will be 

published in the Local Notice to 

Mariners and Broadcast Notice to 

Mariners. In cases of emergency, the 

bridge will be opened as soon as 

possible. This regulation is necessary for 

workers safety and will assist in 

expediting construction of the new 

bridge. Once the new Belleair Beach 

high level fixed bridge is near 

completion, we will propose to remove 

the regulation for the old drawbridge, as 

it will no longer be necessary. 

Discussion of Comments and Changes 

The Coast Guard received no 

comments in response to the notice of 

proposed rulemaking (NPRM). For this 

reason no changes were made to the 

proposed regulation. 

Regulatory Evaluation 

This rule is not a ‘‘significant 

regulatory action’’ under section 3(f) of 

Executive Order 12866, Regulatory 

Planning and Review, and does not 

require an assessment of potential costs 

and benefits under section 6(a)(3) of that 

Order. The Office of Management and 

Budget has not reviewed it under that 

Order. 

Small Entities 

Under the Regulatory Flexibility Act 

(5 U.S.C. 601–612), we have considered 


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