[Federal Register Volume 75, Number 151 (Friday, August 6, 2010)]
[Notices]
[Pages 47523-47524]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-19445]
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Notices
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains documents other than rules
or proposed rules that are applicable to the public. Notices of hearings
and investigations, committee meetings, agency decisions and rulings,
delegations of authority, filing of petitions and applications and agency
statements of organization and functions are examples of documents
appearing in this section.
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Federal Register / Vol. 75, No. 151 / Friday, August 6, 2010 /
Notices
[[Page 47523]]
ADMINISTRATIVE CONFERENCE OF THE UNITED STATES
Assembly of the Administrative Conference; Filing of Advisory
Committee Charter
AGENCY: Administrative Conference of the United States.
ACTION: Notice.
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SUMMARY: Notice is hereby given that the Administrative Conference of
the United States will file an advisory committee charter for the
Assembly of the Administrative Conference, in accordance with the
Administrative Conference Act (as amended by the Regulatory Improvement
Act of 2007) and the Federal Advisory Committee Act of 1972. The filing
will take place 15 days after publication of this notice in the Federal
Register.
DATES: August 23, 2010.
FOR FURTHER INFORMATION CONTACT: Sherland Peterson, Executive Assistant
to the Chairman, Administrative Conference of the United States, 202-
326-2305.
SUPPLEMENTARY INFORMATION: The purpose of the Assembly is to adopt
recommendations for the improvement of administrative procedures in
Federal agencies. The objectives of these recommendations are to ensure
that private rights may be fully protected and regulatory activities
and other Federal responsibilities may be carried out expeditiously in
the public interest, to promote more effective public participation and
efficiency in the rulemaking process, to reduce unnecessary litigation
in the regulatory process, to improve the use of science in the
regulatory process, and to improve the effectiveness of laws applicable
to the regulatory process. In enacting the Administrative Conference
Act, as amended, Congress has determined that the Assembly is necessary
and in the public interest. The charter is appended to this notice.
Dated: July 28, 2010.
Paul R. Verkuil,
Chairman.
Appendix A--Federal Advisory Committee Charter
Assembly of the Administrative Conference of the United States Federal
Advisory Committee Charter
1. Committee's Official Designation
Assembly of the Administrative Conference of the United States
(Assembly).
2. Authority
The Assembly was established by the Administrative Conference
Act, as amended, 5 U.S.C. 591 et seq. See also Regulatory
Improvement Act of 2007, Public Law 110-290, codified at 5 U.S.C.
596 (authorizing appropriations for the Administrative Conference of
the United States (ACUS) through fiscal year 2011). The Assembly is
chartered as an advisory committee in accordance with the provisions
of the Federal Advisory Committee Act, as amended, 5 U.S.C. App
(FACA).
3. Objectives and Scope of Activities
The Assembly adopts recommendations for the improvement of
administrative procedure in federal agencies. The objectives of
these recommendations are to ensure that private rights may be fully
protected and regulatory activities and other Federal
responsibilities may be carried out expeditiously in the public
interest, to promote more effective public participation and
efficiency in the rulemaking process, to reduce unnecessary
litigation in the regulatory process, to improve the use of science
in the regulatory process, and to improve the effectiveness of laws
applicable to the regulatory process.
4. Description of Duties
The Assembly reviews, evaluates, and votes on whether to approve
proposals, reports, and/or recommendations of its committees
pursuant to its bylaws established under the authority of 5 U.S.C.
595(2). The Assembly operates exclusively in an advisory capacity.
5. Agency or Official to Whom the Assembly Reports
Recommendations adopted by the Assembly are included in the
annual report required to be submitted by the Chairman of ACUS to
the President and Congress, and such interim reports as the Chairman
considers desirable. 5 U.S.C. 595(c). Such recommendations may also
be provided to administrative agencies, collectively or
individually, or to the Judicial Conference of the United States.
Id. Sec. 594(1).
6. Support
The Assembly receives support services from ACUS.
7. Estimated Annual Operating Costs and Staff Years
The estimated annual fiscal year cost to operate the Assembly is
estimated at $250,000, including 1.8 full-time equivalent staff
years.
8. Designated Federal Officer (DFO)
The DFO (and Alternate DFOs) will be appointed by the Chairman
of ACUS and will be full-time Federal employees, appointed in
accordance with agency procedures. The DFO or an Alternate DFO will
call and attend all meetings of the Assembly and any subcommittees
established under the ACUS bylaws and prepare their agendas in
accordance with the provisions of the Administrative Conference Act,
as amended, and is authorized to adjourn any such meeting whenever
he or she determines it to be in the public interest.
9. Estimated Number and Frequency of Meetings
The Assembly will meet approximately twice a year. There will be
approximately six standing subcommittees of the Assembly, and from
time to time additional special subcommittees, established under the
authority of the bylaws of ACUS. Each such subcommittee will meet
approximately four times a year. All meetings of the Assembly and
such subcommittees will be open to the public and announced in
accordance with FACA.
10. Duration
The Administrative Conference Act, as amended, prescribes
continuing duration for ACUS.
11. Termination
This charter terminates two years from the date of filing.
Pursuant to Section 14 of FACA, ACUS will file a charter for the
Assembly upon the expiration of two years from the date hereof.
Neither the Assembly nor its subcommittees will meet without a
charter filed in accordance with FACA.
12. Membership and Designation
The appointment and designation of members of the Assembly is
prescribed by the Administrative Conference Act, as amended. Under
that Act, it must have between 75 and 101 members. These include the
Chairman (a five year term), the ten Council members appointed by
the President (three year terms), designees or appointees from
Federal Executive departments, agencies, and independent regulatory
boards and commissions (no fixed terms), and not more than 40 other
members appointed by the Chairman with the approval of the Council
(two year terms), who must ``provide broad representation of the
views of private citizens and utilize diverse experience.'' 5 U.S.C.
593(b)(6). These members ``shall be members of the practicing bar,
scholars in the field of administrative law or government, or
[[Page 47524]]
others specially informed by knowledge and experience with respect
to Federal administrative procedure.'' Id. The by-laws impose limits
on the number of continuous terms of service by non-Government
members. Council members may continue to serve until their
successors are appointed. Under the by-laws, each member of the
Assembly is expected to participate in all respects according to his
or her own views and not necessarily as a representative of any
agency or other group or organization, public or private.
Accordingly, Non-Government members of the Assembly have been deemed
to be Special Government Employees, and not Representatives.
Members, except the Chairman, are not entitled to pay for
service. Members appointed from outside the Federal Government are
entitled to travel expenses, including per diem instead of
subsistence, as authorized by section 5703 of title 5 for
individuals serving without pay, subject to availability of funds.
Under the by-laws, and subject to the approval of the Council,
the Chairman may appoint senior fellows, special counsels, and
liaison representatives to the Assembly and its subcommittees. Such
appointees have all of the rights of members of the Assembly, but
may not vote, except in committee deliberations, where the committee
chairman generally has the authority to confer voting rights upon
such appointees. All such appointees who are non-Government
appointees have been deemed to be Special Government Employees, and
not Representatives.
13. Subcommittees
The Assembly has authority to adopt by-laws and regulations that
create such subcommittees as it considers necessary for the conduct
of studies and the development of recommendations for consideration
by the Assembly. 5 U.S.C. 595(a)(2). Subcommittee members are
appointed by the Chairman with the approval of the Council. Id.
Sec. 595(c)(5). All subcommittee members are either members of the
Assembly or senior fellows, special counsels, or liaison
representatives as described above. All proposed recommendations of
subcommittees will be considered by the Assembly prior to adoption.
14. Recordkeeping
The records made available to or prepared for or by the Assembly
or its subcommittees shall be handled in accordance with General
Records Schedule 26, Item 2 or other approved agency records
disposition schedule. Such records shall be available for public
inspection and copying, subject to the Freedom of Information Act, 5
U.S.C. 552.
15. Filing Date
August 23, 2010.
[FR Doc. 2010-19445 Filed 8-5-10; 8:45 am]
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