This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

61998 

Vol. 75, No. 194 

Thursday, October 7, 2010 

OFFICE OF PERSONNEL 

MANAGEMENT 

5 CFR Part 930 

RIN 3206–AL67 

Programs for Specific Positions and 

Examinations (Miscellaneous) 

AGENCY: U.S. Office of Personnel 

Management. 

ACTION: Proposed rule with request for 

comments. 

SUMMARY: The U.S. Office of Personnel 

Management (OPM) is proposing to 

eliminate the licensure requirements for 

incumbent administrative law judges 

who are covered under the 

Administrative Law Judge Program. 

DATES: Comments must be received on 

or before December 6, 2010. 

ADDRESSES: You may submit comments 

through the Federal eRulemaking Portal 

at http://www.regulations.gov. All 

submissions received through the Portal 

must include the agency name and 

docket number or Regulation Identifier 

Number (RIN) for this proposed 

rulemaking. 

You may also send, deliver, or fax 

comments to Angela Bailey, Deputy 

Associate Director for Recruitment and 

Hiring, U.S. Office of Personnel 

Management, Room 6566, 1900 E Street, 

NW., Washington, DC 20415–9700; 

e-mail at employ@opm.gov; or fax at 

(202) 606–2329. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Linda Watson by telephone at (202) 

606–0830; by fax at (202) 606–2329; by 

TTY at (202) 418–3134; or by e-mail at 

linda.watson@opm.gov. 

SUPPLEMENTARY INFORMATION: On March 

20, 2007, OPM published a final rule at 

72 FR 12947, to revise the 

Administrative Law Judge Program. 

These revisions included a requirement 

for incumbent administrative law judges 

(ALJs) to ‘‘possess a professional license 

to practice law and be authorized to 

practice law under the laws of a State, 

the District of Columbia, the 

Commonwealth of Puerto Rico, or any 

territorial court established under the 

United States Constitution.’’ That 

regulation (currently at 5 CFR 

930.204(b)(1)) goes on to state, ‘‘Judicial 

status is acceptable in lieu of ‘active’ 

status in States that prohibit sitting 

judges from maintaining ‘active’ status 

to practice law. Being in ‘good standing’ 

is also acceptable in lieu of ‘active’ 

status in States where the licensing 

authority considers ‘good standing’ as 

having a current license to practice 

law.’’ See 72 FR at 12955. 

At the time the final rule was 

published, OPM noted that under the 

Administrative Procedure Act, ALJs 

preside in formal proceedings requiring 

a decision on the record after an 

opportunity for a hearing, and 

consequently, ALJs must be held to a 

high standard of conduct so that the 

integrity and independence of the 

administrative judiciary is preserved. 

The requirement was intended to ensure 

that ALJs, like attorneys, remain subject 

to a code of professional responsibility. 

However, on July 18, 2008, OPM 

published an interim rule, at 73 FR 

41235, suspending the professional 

license requirement as it applies to 

incumbent ALJs, to prevent any adverse 

impact on incumbents, because we had 

‘‘reconsidered comments received 

during the notice and comment period 

* * * about the burdens imposed by the 

active licensure requirement, as it 

applies to incumbents, the potential 

differences between the ethical 

requirements that pertain to an advocate 

and those requirements that pertain to 

someone asked to adjudicate cases 

impartially, and the variations in what 

States require as to lawyers serving as 

ALJs.’’ 

OPM is considering whether the 

licensure requirement for incumbents 

should be eliminated from the final rule. 

In addition to the reasons stated above, 

OPM recognizes that once an applicant 

is appointed as an ALJ, he or she 

becomes subject both to supervision 

appropriate to the position and to the 

standards of ethical conduct for 

employees of the Executive Branch, 

codified by the Office of Government 

Ethics at part 2635 of this title. 

Moreover, an ALJ who exhibits conduct 

that rises to the level of ‘‘good cause 

established and determined by the Merit 

Systems Protection Board on the record 

after opportunity for hearing by the 

Board,’’ 5 U.S.C. 7521, may be subject to 

an adverse action pursuant to statute. 

5 CFR 930.211(c) enumerates other 

actions that may be taken in appropriate 

circumstances. 

In conclusion, OPM believes that the 

standards of ethical conduct that apply 

to ALJs as Federal employees, and 

agencies’ existing authority to supervise 

ALJs and take actions against them in 

appropriate circumstances, are 

sufficient to ensure that ALJs are held to 

a high standard of conduct. 

Accordingly, OPM is proposing to 

permanently eliminate the requirement 

in § 930.204(b), that an incumbent ALJ 

must maintain a particular sort of 

license or status with respect to the 

practice of law, as unnecessary. OPM is 

soliciting comments, once again, on this 

narrow issue. 

However, OPM is proposing no 

amendment to part 930, as it concerns 

applicants. OPM remains convinced 

that active licensure at the time of 

application and appointment is vital as 

an indicator that the applicant 

presenting himself or herself for 

assessment and possible appointment 

has been subject to rigorous ethical 

requirements right up to the time of 

appointment. 

OPM will consider comments on this 

proposed rule and comments on the 

interim rule published at 73 FR 41235 

when issuing a final rule. 

Executive Order 12866, Regulatory 

Review 

This proposed rule has been reviewed 

by the Office of Management and 

Budget in accordance with Executive 

Order 12866. 

Regulatory Flexibility Act 

I certify that these regulations would 

not have a significant economic impact 

on a substantial number of small entities 

(including small businesses, small 

organizational units, and small 

governmental jurisdictions) because 

they would affect only some Federal 

agencies and employees. 

List of Subjects in 5 CFR Part 930 

Administrative practice and 

procedure, Computer technology, 

Government employees, Motor vehicles. 

U.S. Office of Personnel Management. 

John Berry, 

Director. 

Accordingly, OPM proposes to amend 

5 CFR part 930 as follows: 


jdjones on DSK8KYBLC1PROD with PROPOSALS-1
Federal Register / Vol. 75, No. 194 / Thursday, October 7, 2010 / Proposed Rules 61999 

PART 930—PROGRAMS FOR 

SPECIFIC POSITIONS AND 

EXAMINATIONS (MISCELLANEOUS) 

Subpart B—Administrative Law Judge 

Program 

1. The authority citation for subpart B 

continues to read as follows: 

Authority: 5 U.S.C. 1104(a), 1302(a), 1305, 

3105, 3301, 3304, 3323(b), 3344, 4301(2)(D), 

5372, 7521, and E.O. 10577, 3 CFR, 1954– 

1958 Comp., p. 219. 

2. Amend § 930.204 by revising 

paragraph (b) to read as follows: 

§ 930.204 Appointments and conditions of 

employment. 

* * * * * 

(b) Licensure. At the time of 

application and any new appointment, 

the individual must possess a 

professional license to practice law and 

be authorized to practice law under the 

laws of a State, the District of Columbia, 

the Commonwealth of Puerto Rico, or 

any territorial court established under 

the United States Constitution. Judicial 

status is acceptable in lieu of ‘‘active’’ 

status in States that prohibit sitting 

judges from maintaining ‘‘active’’ status 

to practice law. Being in ‘‘good standing’’ 

is also acceptable in lieu of ‘‘active’’ 

status in States where the licensing 

authority considers ‘‘good standing’’ as 

having a current license to practice law. 

* * * * * 

[FR Doc. 2010–25316 Filed 10–6–10; 8:45 am] 

BILLING CODE 6325–39–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2010–0957; Directorate 

Identifier 2010–NM–062–AD] 

RIN 2120–AA64 

Airworthiness Directives; The Boeing 

Company Model 767 Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: The FAA proposes to 

supersede an existing airworthiness 

directive (AD) that applies to certain 

Model 767 airplanes. The existing AD 

currently requires, for certain airplanes, 

reworking the bonding jumper 

assemblies on the drain tube assemblies 

of the slat track housing of the wings. 

For certain other airplanes, the existing 

AD requires repetitive inspections of the 

drain tube assemblies of the slat track 

housing of the wings to find 

discrepancies, corrective actions if 

necessary, and terminating action for 

the repetitive inspections. This 

proposed AD would also require 

replacing the drain tube assemblies. For 

certain airplanes, this proposed AD 

would also require installing an 

additional electrostatic bond path for 

the number 5 and 8 inboard slat track 

drain tube assemblies. For certain other 

airplanes, this proposed AD would also 

require reworking the bonding jumper 

assembly. This proposed AD would also 

revise the applicability to include 

additional airplanes. This proposed AD 

results from reports of fuel leaks from 

certain drain locations of the slat track 

housing near the engine exhaust nozzles 

of the wings, which could result in a fire 

when the airplane is stationary, or 

taxiing at low speed; reports of a 

bonding jumper assembly of certain 

drain tubes that did not meet bonding 

specifications and could result in 

electrostatic discharge and an in-tank 

ignition source; and reports of fuel leaks 

onto the main landing gear (MLG) as a 

result of a cracked drain tube at the 

number 5 or 8 slat track housing, which 

could let fuel drain from the main fuel 

tanks into the dry bay area of the wings 

and onto hot MLG brakes and result in 

a fire. 

DATES: We must receive comments on 

this proposed AD by November 22, 

2010. 

ADDRESSES: You may send comments by 

any of the following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov. Follow the 

instructions for submitting comments. 

• Fax: 202–493–2251. 

• Mail: U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue, SE., 

Washington, DC 20590. 

• Hand Delivery: U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue, SE., 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. 

For service information identified in 

this proposed AD, contact Boeing 

Commercial Airplanes, Attention: Data 

& Services Management, P.O. Box 3707, 

MC 2H–65, Seattle, Washington 98124– 

2207; telephone 206–544–5000, 

extension 1; fax 206–766–5680; e-mail 

me.boecom@boeing.com; Internet 

https://www.myboeingfleet.com. You 

may review copies of the referenced 

service information at the FAA, 

Transport Airplane Directorate, 1601 

Lind Avenue, SW., Renton, Washington. 

For information on the availability of 

this material at the FAA, call 425–227– 

1221. 

Examining the AD Docket 

You may examine the AD docket on 

the Internet at http://

www.regulations.gov; or in person at the 

Docket Management Facility between 9 

a.m. and 5 p.m., Monday through 

Friday, except Federal holidays. The AD 

docket contains this proposed AD, the 

regulatory evaluation, any comments 

received, and other information. The 

street address for the Docket Office 

(telephone 800–647–5527) is in the 

ADDRESSES section. Comments will be 

available in the AD docket shortly after 

receipt. 

FOR FURTHER INFORMATION CONTACT: 

Douglas Bryant, Aerospace Engineer, 

Propulsion Branch, ANM–140S, FAA, 

Seattle Aircraft Certification Office 

(ACO), 1601 Lind Avenue, SW., Renton, 

Washington 98057–3356; telephone 

425–227–2384; fax 425–917–6590. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

We invite you to send any written 

relevant data, views, or arguments about 

this proposed AD. Send your comments 

to an address listed under the 

ADDRESSES section. Include ‘‘Docket No. 

FAA–2010–0957; Directorate Identifier 

2010–NM–062–AD’’ at the beginning of 

your comments. We specifically invite 

comments on the overall regulatory, 

economic, environmental, and energy 

aspects of this proposed AD. We will 

consider all comments received by the 

closing date and may amend this 

proposed AD because of those 

comments. 

We will post all comments we 

receive, without change, to http://

www.regulations.gov, including any 

personal information you provide. We 

will also post a report summarizing each 

substantive verbal contact we receive 

about this proposed AD. 

Discussion 

On July 12, 2001, we issued AD 2001– 

14–19, amendment 39–12330 (66 FR 

38350, July 24, 2001), for certain Boeing 

Model 767 airplanes. That AD requires, 

for certain airplanes, reworking the 

bonding jumper assemblies on the drain 

tube assemblies of the slat track housing 

of the wings. For certain other airplanes, 

that AD requires repetitive inspections 

of the drain tube assemblies of the slat 

track housing of the wings to find 

discrepancies, corrective actions if 

necessary, and terminating action for 

the repetitive inspections. That AD was 


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