[Federal Register Volume 77, Number 187 (Wednesday, September 26, 2012)]
[Rules and Regulations]
[Pages 59081-59082]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-23589]



28 CFR Part 803

RIN 3225-AA09

Technical Amendments Due to Change of Agency Name

AGENCY: Court Services and Offender Supervision Agency for the District 
of Columbia.

ACTION: Final rule.


SUMMARY: The Court Services and Offender Supervision Agency for the 
District of Columbia (``CSOSA'') is issuing a final rule to change all 
references to the District of Columbia Pretrial Services Agency 
(``PSA''), an independent federal agency within CSOSA, to reflect the 
change of the agency's name to the Pretrial Services Agency for the 
District of Columbia. Additionally, the description of PSA's seal is 
being amended. The regulations are also being amended to clearly state 
that either CSOSA's Director or PSA's Director or designee has the 
authority to affix the seal for that Director's respective agency. 
Finally, the regulations are being amended to clearly state that either 
CSOSA's or PSA's Director or designee may approve the use of the seal. 
All the changes made in this rule are strictly technical.

DATES: Effective September 26, 2012.

FOR FURTHER INFORMATION CONTACT: Rorey Smith, Assistant General 
Counsel, (202) 220-5797, or [email protected].


 I. Summary of Rule

    The District of Columbia Home Rule Act (DC HRA), Public Law 93-198, 
granted the Council of District of Columbia (``Council'') with 
legislative authority over essentially local District matters. After 
forty-eight (48) months of the passage of the D.C. HRA, the Council had 
the authority to enact any act, resolution, or rule with respect to any 
provision of title 23 of the District of Columbia Code (relating to 
criminal procedure). With respect to any act codified in title 23 of 
the District of Columbia Code, such act takes effect at the end of the 
60-day period beginning on the day such act is transmitted by the 
Chairman to the Speaker of the House of Representatives and the 
President of the Senate unless, during such 60-day period, there has 
been enacted into law a joint resolution disapproving such act.
    On June 3, 2011, the District of Columbia Criminal Code Amendments 
Act of 2010, D.C. Law 18-377, became effective and was codified at D.C. 
Official Code section 23-1301. Section 210 of this Act amended section 

[[Page 59082]]

1301 of the District of Columbia Code by striking the phrase ``District 
of Columbia Pretrial Services Agency'' wherever it appeared and 
inserting in its place the phrase ``Pretrial Services Agency for the 
District of Columbia.'' This change was made to be consistent with 
other federal agencies with a local mission focus in the District of 
Columbia whose names end with ``for the District of Columbia,'' such as 
CSOSA and the United States Attorney's Office. All the functions 
formerly carried out by CSOSA and PSA remain unchanged.

II. Administrative Procedure Act

    Because this regulation merely implements a change in the name of a 
government agency and the description of the agency seal, it relates 
only to agency organization, procedure or practice; therefore, 
requirements for prior notice and public comment do not apply. 5 U.S.C. 
553(b)(3)(A). The limited purpose and effect of this rule also 
justifies the finding for good cause, pursuant to 5 U.S.C. 553(d)(3), 
that the rule should take effect immediately.

III. Paperwork Reduction Act

    This final rule does not include or modify a collection of 
information as defined in 44 U.S.C. 3502(3) of the Paperwork Reduction 
Act of 1995.

IV. Regulatory Flexibility Act

    Because the agency is issuing this rule without a proposal and an 
opportunity for comments, the Regulatory Flexibility Act (5 U.S.C. 601 
et seq.) does not apply. In any event, the technical amendments made by 
this regulation will not have a significant impact on a substantial 
number of small entities.

V. Congressional Review Act

    This regulation is a rule of agency organization, procedure or 
practice that does not substantially affect the rights or obligations 
of non-agency parties. It is therefore not subject to the Congressional 
Review Act pursuant to 5 U.S.C. 801 and 804(3)(C).

VI. Executive Order 12866

    Following consultation with the Office of Management and Budget, a 
determination was made that this rule does not meet the criteria for a 
significant regulatory action under Executive Order 12866.

VII. Federalism

    This rule does not have Federalism implications under Executive 
Order 13132.

List of Subjects in 28 CFR Part 803

    Probation and parole, Seals and insignia.
    For the reasons set forth in the preamble, the Court Services and 
Offender Supervision Agency for the District of Columbia amends 28 CFR 
Part 803 as follows:


1. The authority citation for part 803 is revised as follows:

    Authority: 5 U.S.C. 301, Pub L. 105-33, 111 Stat. 251, 712, D.C. 
Code 24-133.

2. In Sec.  803.1, revise paragraph (b) to read as follows:

Sec.  803.1  Description.

* * * * *
    (b) The Agency seal of the Pretrial Services Agency for the 
District of Columbia (PSA or Agency) is described as follows: Two 
crossed flags, the United States flag on the left and the District of 
Columbia flag on the right superimposed upon the United States Capitol 
dome and two laurel branches both in gold which appear on a blue field 
bearing a white banner edged and lettered in gold with the inscription 
``COMMUNITY, ACCOUNTABILITY, JUSTICE''; bearing the inscription 
at the bottom surrounded by three gold stars on either side; letters 
and stars in gold. A reproduction of the Agency seal in black and white 
appears below.

3. Revise Sec.  803.2 to read as follows:

Sec.  803.2  Authority to affix seal.

* * * * *
    The Director of CSOSA or PSA (as appropriate) and each Director's 
designees are authorized to affix their respective Agency seal 
(including replicas and reproductions) to appropriate documents, 
certifications, and other materials for all purposes authorized by this 

4. In Sec.  803.3, revise paragraph (a) to read as follows:

Sec.  803.3  Use of the seal.

* * * * *
    (a) Each Agency's seal is used by that Agency's staff for official 
Agency business as approved by the appropriate Director or designee in 
accordance with all subparts of 28 CFR 803.3.
* * * * *

    Dated: September 18, 2012.
Nancy M. Ware,
Director, CSOSA.
[FR Doc. 2012-23589 Filed 9-25-12; 8:45 am]