[Federal Register Volume 67, Number 179 (Monday, September 16, 2002)]
[Rules and Regulations]
[Page 58319]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-23489]
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Rules and Regulations
Federal Register
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Federal Register / Vol. 67, No. 179 / Monday, September 16, 2002 /
Rules and Regulations
[[Page 58319]]
DEPARTMENT OF AGRICULTURE
5 CFR Part 8301
RIN 3209-AA15
Supplemental Standards of Ethical Conduct for Employees of the
Department of Agriculture
AGENCY: Department of Agriculture (USDA).
ACTION: Final rule.
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SUMMARY: The Department of Agriculture, with the concurrence of the
Office of Government Ethics (OGE), amends the Supplemental Standards of
Ethical Conduct for Employees of the Department of Agriculture
(Supplement) to comply with section 5321 of the Farm Security and Rural
Investment Act of 2002, Public Law 107-171, by removing a provision
that is no longer effective.
EFFECTIVE DATE: These regulations are effective September 16, 2002.
FOR FURTHER INFORMATION CONTACT: Raymond J. Sheehan, Director, Office
of Ethics, U.S. Department of Agriculture, Room 348-W--Stop 0122, 1400
Independence Avenue, SW., Washington, DC 20250-0122, telephone (202)
720-2251.
SUPPLEMENTARY INFORMATION:
I. Background
On October 2, 2000, with the concurrence and co-signature of OGE,
USDA published its final rule establishing supplemental standards of
ethical conduct for employees of USDA (65 FR 58635-58638). Section
8301.103 addressed additional rules applicable to employees of the Farm
Service Agency (FSA). Paragraph (c) of Sec. 8301.103 prohibited FSA
employees and spouses and minor children of FSA employees from seeking
directly or indirectly a ``direct loan'' under paragraph (a)(9) of
section 33 of the Consolidated Farm and Rural Development Act (CFRDA),
7 U.S.C. 1991(a)(9). On May 13, 2002, President Bush signed into Public
Law 107-171, the Farm Security and Rural Investment Act of 2002 (Act).
Section 5321 of the Act amended Subtitle D of the CFRDA by adding
section 377 which states that the Secretary of Agriculture ``shall not
prohibit,'' inter alia, ``an employee of the Department of Agriculture
from obtaining a loan or loan guarantee'' under the CFRDA. This
provision, in essence, provides that Federal employees of the
Department of Agriculture, including employees of FSA, may now obtain
FSA direct loans that have been prohibited under paragraph (c) of Sec.
8301.103 of the Supplement. Pursuant to section 5321 of the Act, that
regulatory paragraph is null and void. Therefore, the USDA is removing
it in this amendatory rulemaking which redesignates the following
paragraphs of Sec. 8301.103.
II. Matters of Regulatory Procedure
Administrative Procedure Act
As the amendment is required in order to comply with an express,
specific mandate of Congress, notice of proposed rulemaking is
unnecessary.
Congressional Review
The Department has found that this rulemaking is not a rule as
defined in 5 U.S.C. 804, and, thus, does not require review by
Congress. This rulemaking is related to Department personnel.
Executive Orders Nos. 12866 and 12988
Since this rule relates to Department personnel, it is exempt from
the provisions of Executive Orders Nos. 12866 and 12988.
Regulatory Flexibility Act
The Department has determined under the Regulatory Flexibility Act
(5 U.S.C. 601 et seq.) that this regulation will not have a significant
economic impact on a substantial number of small entities because it
affects only Department employees and their immediate families.
Paperwork Reduction Act
The Department has determined that the Paperwork Reduction Act (44
U.S.C. chapter 35) does not apply because this regulation does not
contain any information collection requirements that require the
approval of the Office of Management and Budget.
Environmental Impact
This decision will not have a significant impact upon the quality
of the human environment or the conservation of energy resources.
List of Subjects in 5 CFR Part 8301
Conflict of interests, Ethics, Executive branch standards of
conduct, Government employees.
Dated: August 29, 2002.
Ann M. Veneman,
Secretary of Agriculture.
Approved: September 9, 2002.
Amy L. Comstock,
Director, Office of Government Ethics.
For the reasons set forth in the preamble, Part 8301 of title 5 of
the Code of Federal Regulations is amended as follows:
PART 8301--SUPPLEMENTAL STANDARDS OF ETHICAL CONDUCT FOR EMPLOYEES
OF THE DEPARTMENT OF AGRICULTURE
1. The authority citation for part 8301 continues to read as
follows:
Authority: 5 U.S.C. 301, 7301; 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; 5 CFR 2635.105, 2635.403(a), 2635.803.
2. Section 8301.103 is amended by:
a. Removing paragraph (c);
b. Redesignating paragraphs (d) through (f) as paragraphs (c)
through (e), respectively;
c. Removing the paragraph reference to ``(d)(1)'' in the text of
redesignated paragraph (c)(2) and adding the paragraph reference
``(c)(1)'' in its place;
d. Removing the paragraph reference to ``(e)(2)'' in the text of
redesignated paragraph (d)(1) and adding the paragraph reference
``(d)(2)'' in its place; and
e. Paragraph reference to ``(e)(1)'' in the introductory text of
redesignated paragraph (d)(2) and in the redesignated paragraph
(d)(2)(ii) and adding the paragraph reference ``(d)(1)'' in their place
in each instance.
[FR Doc. 02-23489 Filed 9-13-02; 8:45 am]
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