[Federal Register Volume 60, Number 248 (Wednesday, December 27, 1995)]
[Rules and Regulations]
[Pages 66857-66858]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-31280]
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Rules and Regulations
Federal Register
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This section of the FEDERAL REGISTER contains regulatory documents
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Federal Register / Vol. 60, No. 248 / Wednesday, December 27, 1995 /
Rules and Regulations
[[Page 66857]]
OFFICE OF GOVERNMENT ETHICS
5 CFR Part 2635
RINs 3209-AA04, 3209-AA15
Further Grace Period Extension for Certain Existing Agency
Standards of Conduct
AGENCY: Office of Government Ethics (OGE).
ACTION: Final rule; technical amendment.
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SUMMARY: The Office of Government Ethics is granting a further
grandfathering grace period extension of just over eight months for
certain existing executive agency standards of conduct, dealing with
financial interest prohibitions and prior approval for outside
employment and activities, which have been temporarily preserved. This
further action (two previous extensions have been granted) is necessary
because many agencies still have not been able to issue, with OGE
concurrence and co-signature, interim or final supplemental regulations
during the prior grace periods. This further extension will help ensure
that agencies which in conjunction with OGE are actively working on
draft supplementals will have adequate time to issue, if they so
desire, successor regulatory provisions to replace grandfathered
financial interest prohibitions and prior approval requirements.
EFFECTIVE DATE: January 3, 1996.
FOR FURTHER INFORMATION CONTACT: William E. Gressman, Office of
Government Ethics, telephone: 202-523-5757, FAX: 202-523-6325.
SUPPLEMENTARY INFORMATION: The Office of Government Ethics is granting
under the executive branch standards of ethical conduct a further
extension of time for just over eight months, until August 7, 1996, for
certain agencies' existing conduct standards dealing with prohibited
financial interests and prior approval for outside employment and
activities. When OGE published its ethical conduct standards for
executive branch employees in the Federal Register on August 7, 1992
(as now codified at 5 CFR part 2635), it provided that most existing
individual agency standards of conduct would be superseded once the
executive branchwide standards took effect on February 3, 1993.
However, OGE also provided, by means of notes following 5 CFR
2635.403(a) and 2635.803, that any existing agency standards dealing
with the two types of restrictions noted above would be preserved for
one year, until February 3, 1994, or until the agency concerned issued
(with OGE concurrence and co-signature) a supplemental regulation,
whichever occurred first. See 57 FR 35006-35067, as corrected at 57 FR
48557 and 52583 and 60 FR 51667. In February of 1994 and 1995, OGE
extended that original grace period for a total of a year and eleven
months, until January 3, 1996 (or until agency issuance of a
supplemental regulation), for those executive branch departments and
agencies that had not yet been able to issue final or interim final
successor rules. See 59 FR 4779-4780 (February 2, 1994) and 60 FR 6390-
6391 (February 2, 1995), as well as appendixes A and B which were added
to part 2635.
Through OGE's liaison efforts, the Office of the Federal Register
(OFR) has assigned new chapters, including parts, at the end of title 5
of the Code of Federal Regulations to accommodate agencies' future
supplemental standards regulations (on these two and other appropriate
subject areas), as well as any supplemental agency regulations under
OGE's executive branchwide financial disclosure provisions at 5 CFR
part 2634. Almost 60 agencies have had such chapters reserved,
including those which have by now already issued, with OGE concurrence
and co-signature, interim final or final supplemental ethics
regulations. However, many agencies have still not yet had the time to
issue their planned supplemental standards regulations in interim or
final form.
The Office of Government Ethics has therefore determined to permit
a further preservation of existing agency regulatory standards of
conduct setting forth financial interest prohibitions and outside
employment and activities prior approval requirements for just over
eight more months, until August 7, 1996 (or until issuance by each
agency of its supplemental regulation, whichever comes first), for
those agencies which are actively working in conjunction with OGE on
draft supplemental standards regulations. The agencies subject to this
further grandfathering grace period extension (including the Social
Security Administration which statutorily separated from the Department
of Health and Human Services during the past year), as provided in the
notes (which are hereby being further amended) following 5 CFR
2635.403(a) and 2635.803, are enumerated at new appendix C which OGE is
adding to part 2635. The agencies are listed in the order of the
assignment of their chapter numbers at the end of 5 CFR. Agencies not
listed either have not expressed an interest in issuing supplemental
agency ethics regulations, have indicated to OGE that they are no
longer interested in a further grace period extension, or have already
issued final or interim final supplemental standards.
The Office of Government Ethics notes that it is not by this
rulemaking setting a deadline for agencies to submit supplemental
ethics regulations. Agencies can, with OGE concurrence and co-
signature, issue supplementals at any time. Further, they can, at any
time, have new title 5 CFR chapters reserved through OGE and OFR for
such purpose if they have not already done so. Moreover, if an agency's
prohibited financial interest (and/or prior approval) restrictions are
based on a separate statute, they are not superseded by the 5 CFR part
2635 executive branchwide standards. If any related regulatory
provisions were located in its old agency standards of conduct, the
agency concerned could, after consultation with OGE, retain them in
their existing place in the agency's own CFR title and chapter or move
the provisions to another appropriate part of its regulations. See 5
CFR 2635.105(c)(3). Only prior standards of conduct provisions that are
purely regulatory in nature are subject to supersession from the
executive branchwide regulation at 5 CFR part 2635, with entitlement to
the successive grace periods for the two enumerated types of provisions
as provided in the further amended notes
[[Page 66858]]
at Secs. 2635.403(a) and 2635.803 as well as appendixes A, B and C.
Administrative Procedure Act
Pursuant to 5 U.S.C. 553(b) and (d), as Director of the Office of
Government Ethics, I find good cause exists for waiving the general
notice of proposed rulemaking and 30-day delay in effectiveness as to
this further grace period extension. The notice and delayed effective
date are being waived because this rulemaking concerns a matter of
agency organization, practice and procedure. Furthermore, it is in the
public interest that those agencies concerned have adequate time to
promulgate successor provisions to another their existing standards of
conduct regulations in these two areas without a lapse in necessary
regulatory restrictions.
Executive Order 12866
In promulgating this grace period extension technical amendment,
the Office of Government Ethics has adhered to the regulatory
philosophy and the applicable principles of regulation set forth in
section 1 of Executive Order 12866, Regulatory Planning and Review.
This amendment has not been reviewed by the Office of Management and
Budget under that Executive order, as it is not deemed ``significant''
thereunder.
Regulatory Flexibility Act
As Director of the Office of Government Ethics, I certify under the
Regulatory Flexibility Act (5 U.S.C. chapter 6) that this rulemaking
will not have a significant economic impact on a substantial number of
small entities.
Paperwork Reduction Act
The Paperwork Reduction Act (44 U.S.C. chapter 35) does not apply
because this rulemaking does not contain information collection
requirements that require the approval of the Office of Management and
Budget.
List of Subjects in 5 CFR Part 2635
Conflict of interests, Government employees.
Approved: December 14, 1995.
Stephen D. Potts,
Director, Office of Government Ethics.
Accordingly, pursuant to its authority under title IV of the Ethics
in Government Act and Executive Order 12674/12731, the Office of
Government Ethics is amending 5 CFR part 2635 as follows:
PART 2635--[AMENDED]
1. The authority citation for part 2635 continues to read as
follows:
Authority: 5 U.S.C. 7351, 7353; 5 U.S.C. App. (Ethics in
Government Act of 1978); E.O. 12674, 54 FR 15159, 3 CFR, 1989 Comp.,
p. 215, as modified by E.O. 12731, 55 FR 42547, 3 CFR, 1990 Comp.,
p. 306.
2. The notes following both Secs. 2635.403(a) and 2635.803 are
amended by adding a new sentence at the end of each to read as follows:
Note: * * * Provided still further, that for those agencies
listed in appendix C to this part, the grace period for any such
existing provisions shall be further extended until August 7, 1996
or until issuance by each individual agency concerned of a
supplemental regulation, whichever occurs first.
3. A new appendix C is added at the end of part 2635 to read as
follows:
Appendix C to Part 2635--Agencies Entitled to Another Further
(Third) Grace Period Extension Pursuant to Notes Following
Secs. 2635.403(a) and 2635.803
1. Department of the Treasury
2. Department of Energy
3. Federal Energy Regulatory Commission
4. Department of the Interior
5. Department of Commerce
6. Department of Justice
7. Federal Communications Commission
8. Securities and Exchange Commission
9. Office of Personnel Management
10. Thrift Depositor Protection Oversight Board
11. United States Information Agency
12. Occupational Safety and Health Review Commission
13. Department of State
14. Department of Labor
15. National Science Foundation
16. Small Business Administration
17. Department of Health and Human Services
18. Department of Transportation
19. Pension Benefit Guaranty Corporation
20. Environmental Protection Agency
21. National Transportation Safety Board
22. General Services Administration
23. Board of Governors of the Federal Reserve System
24. National Labor Relations Board
25. Equal Employment Opportunity Commission
26. Department of Housing and Urban Development
27. National Archives and Records Administration
28. Peace Corps
29. Tennessee Valley Authority
30. Consumer Product Safety Commission
31. Executive Office of the President
32. Department of Agriculture
33. Federal Mine Safety and Health Review Commission
34. Agency for International Development
35. Social Security Administration
[FR Doc. 95-31280 Filed 12-26-95; 8:45 am]
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