[Federal Register: June 16, 2004 (Volume 69, Number 115)]
[Rules and Regulations]
[Page 33535-33536]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16jn04-1]
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Rules and Regulations
Federal Register
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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.
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OFFICE OF PERSONNEL MANAGEMENT
5 CFR Part 110
RIN 3206-AJ73
Posting Regulations
AGENCY: Office of Personnel Management.
ACTION: Final rule.
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SUMMARY: The Office of Personnel Management (OPM) is issuing final
regulations to revise the rules relating to notice of new regulations
and information collection requirements. The revisions include
eliminating one subpart and renaming the remaining subpart and plain
language modifications.
DATES: Effective Date: This regulation is effective on July 16, 2004.
FOR FURTHER INFORMATION CONTACT: Robert T. Coco, (202) 606-1822, Fax:
(202) 606-0909, or e-mail rtcoco@opm.gov.
SUPPLEMENTARY INFORMATION: On March 6, 2003, the Office of Personnel
Management (OPM) published a proposed rule (68 FR 10666) revising part
110 of title 5, Code of Federal Regulations. The proposed rule had a
60-day comment period, during which OPM received no comments. The final
rule is identical to the proposed rule. The rule will make the
following revisions to title 5, Code of Federal Regulations. Part 110
is revised to reflect the removal of old subpart B--Information
Collection Requirements. Old subpart B was a requirement arising from
an internal OPM housekeeping function no longer in effect. Its removal
requires us to eliminate the old subpart A designation and use the
designation part 110 to refer to the remaining material. We have also
made minor word changes and changed the order of material within the
section. Except as otherwise noted, the purpose of these revisions is
not to make substantive changes but, rather, to make part 110 more
readable.
Section 110.101: Changes ``special bulletins'' to ``notice'' and
changes ``new regulations'' to ``new proposed, interim, and final
regulations.'' Corrects the name of the type of issuance currently
used, which was changed in 1994 when the bulletin system was abolished,
and clarifies regulation description to indicate that it includes new
proposed, interim, and final regulations.
Section 110.101(b): (Note old paragraphs (a) and (b) have been
reversed, and redesignated as paragraphs (b) and (a), respectively, so
that they are now in a more logical sequence). Provides the option for
viewing documents either in paper format or via Web site, thus
providing the ability to use electronic as well as paper format of
documents.
Section 110.102(b): Adds ``agency Web sites'' as a supplemental
posting option. This provides the option for an agency to make new OPM
regulations available on the agency's Web site or through a link to the
OPM Web site.
Regulatory Flexibility Act
I certify that this proposed regulation will not have a significant
economic impact on a substantial number of small entities.
Executive Order 12866, Regulatory Review
The Office of Management and Budget has reviewed this rule in
accordance with Executive Order 12866.
List of Subjects in 5 CFR Part 110
Government employees, Reporting and recordkeeping requirements.
Office of Personnel Management.
Kay Coles James,
Director.
0
Accordingly, OPM is revising part 110 of title 5, Code of Federal
Regulations as follows:
PART 110--POSTING NOTICES OF NEW OPM REGULATIONS
Authority: 5 U.S.C. 1103.
Sec. 110.101 What are OPM's Notice and Posting System
responsibilities?
OPM will issue a notice that will provide information for Federal
agencies, employees, managers, and other stakeholders on each of its
new proposed, interim, and final regulations. Each notice will
transmit:
(a) A posting notice that briefly explains the nature of the
change, and provides a place for Federal agencies to indicate where the
full text of the Federal Register notice will be available for review.
(b) A copy of the notice of rulemaking that appears in the Federal
Register or a link to a Web site where the notice of rulemaking
appears.
Sec. 110.102 What are Agency responsibilities?
(a) Agencies will make regulations available for review by
employees, managers, and other interested parties. Federal agencies
receiving the notices of rulemaking described in Sec. 110.101(b) will
make those regulations available for review upon request. Each agency
will complete the posting notice described in Sec. 110.101(a)
indicating where and how requests to review these materials should be
made.
(b) Agencies will determine posting locations and, if desired,
develop supplemental announcements. Agencies will display completed
posting notices in a prominent place where the notices can be easily
seen and read. Agencies will choose the posting location that best fits
their physical layout. Agencies may supplement these postings with
announcements in employee newsletters, agency Web sites, or other
communication methods. The basic requirement to post the notice
continues, however, even if supplemental announcement methods are used.
(c) Agencies will post notices of the new regulations even if the
Federal Register comment date has passed. The public comment period on
proposed regulations begins when a notice of proposed rulemaking is
published in the Federal Register, not with the posting of the notice
described in Sec. 110.101(a). The purpose of posting notice is solely
to inform agency personnel of changes. Agencies are required to post
the posting notice even if the formal deadline for comments shown in
the preamble of the Federal Register notice of rulemaking has passed.
Agencies should make every reasonable effort to minimize delays in
distributing the notice described in Sec. 110.101 to their field
offices.
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(d) No fixed posting period. There are no minimum or maximum time
limits on displaying the notice described in Sec. 110.101(a). Each
office receiving a notice for posting should choose the posting period
which provides the best opportunity to inform managers and employees of
regulatory changes based upon office layout, geographic dispersion of
employees, and other local factors.
[FR Doc. 04-13558 Filed 6-15-04; 8:45 am]
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