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6206 Federal Register / Vol. 71, No.

25 / Tuesday, February 7, 2006 / Rules and Regulations

period is determined under section 1223(2). Current therefore exempt from the requirements
The fund’s gross income includes the rents CFR part or section where
identified and described OMB control of prior notice and comment and a 30-
collected by R and any income earned No. day delay in the effective date. See 5
thereon. For the period between February 1, U.S.C. 553(a)(2).
2005, and June 1, 2006, the fund may be
allowed deductions for depreciation and for * * * * Regulatory Flexibility Act
the costs of maintenance of the property 1.468B–1 .................................. 1545–1631
because the fund is treated as owning the 1.468B–9 .................................. 1545–1631 The Attorney General, in accordance
property during this period. See sections 162, with the Regulatory Flexibility Act, 5
167, and 168. Under paragraph (c)(4)(ii) of * * * * U.S.C. 605(b), has reviewed this rule
this section, the fund may not deduct the and, by approving it, certifies that this
distribution to C of the property, or the rents Approved: January 30, 2006. regulation will not have a significant
(or any income earned thereon) collected Mark E. Matthews, economic impact on a substantial
from the property while the fund holds the number of small entities because it
Deputy Commissioner for Services and
property. No gain or loss is recognized by the pertains to personnel and administrative
fund from this distribution or from the fund’s matters affecting the Department.
transfer of the rental property to C pursuant Eric Solomon,
Acting Deputy Assistant Secretary of the Further, a Regulatory Flexibility
to the court’s determination that C owns the
property. See paragraphs (c)(4)(i) and (e)(3) of Treasury. Analysis was not required to be
this section. prepared for this final rule because the
[FR Doc. 06–1037 Filed 2–3–06; 8:45 am] Department was not required to publish
(vi) B is the transferor to the fund. Under BILLING CODE 4830–01–P a general notice of proposed rulemaking
paragraphs (b)(8) and (e)(1) of this section, B for this matter.
is a transferor-claimant and does not
recognize gain or loss under section 1001(a) DEPARTMENT OF JUSTICE Executive Order 12866
on transfer of the property to the disputed
ownership fund. The money and property Office of the Attorney General This rule has been drafted and
distributed from the fund to C is deemed to reviewed in accordance with Executive
be distributed first to B and then transferred 28 CFR Part 0 Order 12866, Regulatory Planning and
from B to C. See paragraph (e)(3)(ii) of this Review, § 1(b), Principles of Regulation.
section. Under paragraph (e)(2)(i) of this [A.G. Order No. 2800–2006] This rule is limited to agency
section, economic performance occurs when organization, management and
the disputed ownership fund transfers the Organization; Office of the Deputy
personnel as described by Executive
property and any earnings thereon to C. The Attorney General, Office of the
Order 12866 § 3(d)(3) and, therefore, is
income tax consequences of the deemed Associate Attorney General
not a ‘‘regulation’’ or ‘‘rule’’ as defined
transfer from B to C as well as the income
AGENCY: Department of Justice. by that Executive Order. Accordingly,
tax consequences of C’s refund to B of the
purchase price paid to C’s father and interest ACTION: Final rule. this rule has not been reviewed by the
thereon are determined under other Office of Management and Budget.
SUMMARY: This rule amends the
provisions of the Internal Revenue Code. regulations that describe the structure, Executive Order 13132
functions, and responsibilities of the
(i) [Reserved] Offices of the Deputy Attorney General This rule will not have substantial
and Associate Attorney General, United direct effects on the States, on the
(j) Effective dates—(1) In general. This relationship between the national
section applies to disputed ownership States Department of Justice.
EFFECTIVE DATE: February 7, 2006.
government and the States, or on
funds established after February 3, 2006. distribution of power and
(2) Transition rule. With respect to a responsibilities among the various
Louis DeFalaise, Director, Office of
disputed ownership fund established levels of government. Therefore, in
Attorney Recruitment and Management,
after August 16, 1986, but on or before accordance with Executive Order 13132,
U.S. Department of Justice, Washington,
February 3, 2006, the Internal Revenue it is determined that this rule does not
DC 20530, (202) 514–8900.
Service will not challenge a reasonable, have sufficient federalism implications
consistently applied method of taxation to warrant the preparation of a
expands and clarifies the list of
for income earned by the fund, transfers Federalism Assessment.
personnel- and recruitment-related
to the fund, and distributions made by responsibilities vested in the Deputy Executive Order 12988
the fund. Attorney General, expands and clarifies
which of these responsibilities he may This rule meets the applicable
PART 602—OMB CONTROL NUMBERS redelegate to officials within the standards set forth in sections 3(a) and
UNDER THE PAPERWORK Department of Justice, and deletes an 3(b)(2) of Executive Order 12988, Civil
REDUCTION ACT outdated reference to General Schedule Justice Reform.
grades 16 through 18. The rule also Unfunded Mandates Reform Act of
■ Par. 9. The authority citation for part clarifies the list of personnel-related 1995
602 continues to read as follows: responsibilities vested in the Associate
Attorney General and updates the title This rule will not result in the
Authority: 26 U.S.C. 7805. expenditure by State, local, and tribal
of the Department official to whom he
may redelegate this authority. In government, in the aggregate, or by the
■ Par. 10. In § 602.101, paragraph (b) is
addition, the rule reserves certain private sector, of $100,000,000 or more
amended by adding entries in numerical
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personnel administration authorities to in any one year, and it will not

order to read, in part, as follows:
the Attorney General. significantly or uniquely affect small
governments. Therefore, no actions were
§ 602.101 OMB Control numbers. Administrative Procedure Act deemed necessary under the provisions
* * * * * This rule relates to matters of agency of the Unfunded Mandates Reform Act
(b) * * * management or personnel, and is of 1995, 2 U.S.C. 1501–1571.

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Federal Register / Vol. 71, No. 25 / Tuesday, February 7, 2006 / Rules and Regulations 6207

Small Business Regulatory Enforcement and Scientific and Professional ■ 3. In § 0.19, revise paragraphs (a)(1)
Fairness Act of 1996 positions; and of attorneys and law and (b), and add a new paragraph (d) to
This rule is not a major rule as students regardless of grade or pay in read as follows:
defined by section 251 of the Small the Department.
§ 0.19 Associate Attorney General.
Business Regulatory Enforcement * * * * *
(a) * * *
Fairness Act of 1996, 5 U.S.C. 804. This (v) The appointment, employment,
(1) Exercise the power and the
rule will not result in an annual effect separation, and general administration
authority vested in the Attorney General
on the economy of $100 million or of Assistant United States Attorneys and
to take final action in matters pertaining
more; a major increase in costs or prices; other attorneys to assist United States
to the appointment, employment, pay,
or significant adverse effects on Attorneys when the public interest so
separation, and general administration
competition, employment, investment, requires and the fixing of their salaries.
of attorneys and law students in pay
productivity, innovation, or the ability * * * * * grades GS–15 and below in
of United States-based enterprises to (2) Administer the Department’s organizational units subject to his
compete with foreign-based enterprises recruitment programs for law graduates direction.
in domestic and export markets. and law students.
This action pertains to agency * * * * *
* * * * * (b) The Associate Attorney General
management, personnel, and
organization and does not substantially (c) The Deputy Attorney General may may redelegate the authority provided
affect the rights or obligations of non- redelegate the authority provided in in paragraph (a)(1) of this section to the
agency parties. Accordingly, it is not a paragraphs (b)(1)(i), (ii), (iii), (v), and Director, Office of Attorney Recruitment
‘‘rule’’ for purposes of the reporting paragraph (b)(2) of this section to take and Management.
requirement of 5 U.S.C. 801. final action in matters pertaining to the: * * * * *
(1) Appointment, employment, pay, (d) Notwithstanding paragraph (b) of
Congressional Review Act separation, and general administration this section, authority to take final
The Department has determined that of personnel, including attorneys, in the action in matters pertaining to the
this action pertains to agency Senior Executive Service or the appointment, employment, pay,
management or personnel and, equivalent, and Senior-Level and separation, and general administration
accordingly, is not a ‘‘rule’’ as that term Scientific and Professional positions; of the following Department employees
is used by the Congressional Review Act (2) Appointment, employment, pay, is reserved to the Attorney General:
(Subtitle E of the Small Business separation, and general administration (1) Employees in the Office of the
Regulatory Enforcement Fairness Act of of attorneys and law students regardless Associate Attorney General;
1996). Therefore, the reporting of grade or pay; (2) Employees appointed to a
requirement of 5 U.S.C. 801 does not (3) Appointment of special attorneys Schedule C position established under 5
apply. and special assistants to the Attorney CFR part 213, or to a position that meets
General pursuant to 28 U.S.C. 515(b); the same criteria as a Schedule C
List of Subjects in 28 CFR Part 0
(4) Appointment of Assistant United position; and
Authority delegations (Government States Trustees and the fixing of their (3) Any Senior Executive Service
agencies), Government employees, compensation; position in which the incumbent serves
Organization and functions (5) Appointment, employment, under other than a career appointment.
(Government agencies). separation, and general administration Dated: January 31, 2006.
■ Accordingly, by virtue of the authority of Assistant United States Attorneys and Alberto R. Gonzales,
vested in me as Attorney General, other attorneys to assist United States Attorney General.
including 5 U.S.C. 301 and 28 U.S.C. Attorneys when the public interest so [FR Doc. 06–1084 Filed 2–6–06; 8:45 am]
509 and 510, part 0 of title 28 of the requires and the fixing of their salaries; BILLING CODE 4410–19–P
Code of Federal Regulations is amended and
as follows: (6) Administration of the
Department’s recruitment programs for
law graduates and law students.
* * * * *
■ 1. The authority citation for part 0 (h) Notwithstanding paragraphs (a) Coast Guard
continues to read as follows: and (b) of this section, authority to take
Authority: 5 U.S.C. 301; 28 U.S.C. 509, final action in matters pertaining to the 33 CFR Part 117
510, 515–519. appointment, employment, pay,
separation, and general administration
■ 2. In § 0.15, revise paragraph (b)(1)(i), of the following Department employees RIN 1625–AA–09
paragraph (b)(1)(v), paragraph (b)(2), is reserved to the Attorney General:
and paragraph (c), and add a new Drawbridge Operation Regulations;
(1) Employees in the Offices of the
paragraph (h) to read as follows: Shark River (South Channel), Avon, NJ
Attorney General and the Deputy
§ 0.15 Deputy Attorney General. Attorney General; AGENCY: Coast Guard, DHS.
* * * * * (2) Employees appointed to a ACTION: Final rule; notice of temporary
(b) * * * Schedule C position established under 5 deviation from regulations.
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(1) * * * CFR part 213, or to a position that meets

(i) The appointment, employment, the same criteria as a Schedule C SUMMARY: The Commander, Fifth Coast
pay, separation, and general position; and Guard District, has approved a
administration of personnel, including (3) Any Senior Executive Service temporary deviation from the
attorneys, in the Senior Executive position in which the incumbent serves regulations governing the operation of
Service or the equivalent; Senior-Level under other than a career appointment. the New Jersey Transit Railroad

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