[Federal Register Volume 62, Number 156 (Wednesday, August 13, 1997)]
[Rules and Regulations]
[Page 43269]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-21379]
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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
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Federal Register / Vol. 62, No. 156 / Wednesday, August 13, 1997 /
Rules and Regulations
[[Page 43269]]
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ENVIRONMENTAL PROTECTION AGENCY
5 CFR Chapter LIV
40 CFR Part 3
[FRL-5870-7]
Revocation of Obsolete Employee Responsibilities and Conduct
Rules
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency is revoking the remaining
provisions of its residual Employee Responsibilities and Conduct
regulation. These provisions, which are no longer needed, merely cross-
reference the Government-wide and EPA Standards of Ethical Conduct at 5
CFR parts 2634, 2635, and 6401 and set forth EPA's old regulatory
conflict of interest waivers which have now been superseded by Office
of Government Ethics Government-wide regulatory waivers.
EFFECTIVE DATE: August 13, 1997.
FOR FURTHER INFORMATION CONTACT: Donnell L. Nantkes, Office of General
Counsel (2311), Environmental Protection Agency, 401 M Street, SW.,
Washington, DC 20460, (202) 260-4556.
SUPPLEMENTARY INFORMATION:
I. Background
Most of the former provisions of 40 CFR part 3 were removed when
the Environmental Protection Agency, with the concurrence of the Office
of Government Ethics, published its Supplemental Standards of Ethical
Conduct for Employees of the Environmental Protection Agency on August
2, 1996 at 61 FR 40500. (Most of these provisions had previously been
superseded when the Office of Government Ethics' ``Standards of Ethical
Conduct for Employees of the Executive Branch,'' as now codified at 5
CFR part 2635, became generally effective on February 3, 1993.) The
only provisions of 40 CFR part 3, as revised in the EPA rulemaking last
August, which remained in effect were new 40 CFR 3.100 and new
redesignated 40 CFR 3.101. These provisions cross-referenced the
Government-wide and EPA Standards of Ethical Conduct at 5 CFR parts
2634, 2635, and 6401 and retained EPA's regulatory waivers of
previously designated 40 CFR 3.301(b) pending publication of
Government-wide regulatory waivers by the Office of Government Ethics.
These Government-wide waivers, which OGE published on December 18, 1996
at 61 FR 66830, as corrected at 62 FR 1361 and 23127, revised 5 CFR
part 2640 to establish Government-wide regulatory waivers of the
conflict of interest provisions of 18 U.S.C. 208(a) as authorized by 18
U.S.C. 208(b)(2) and provided that, as of January 17, 1997, regulatory
waivers issued by individual agencies would no longer be effective.
The regulatory waivers at 40 CFR. 3.101 have been superseded by the
Government-wide regulatory waivers, and the cross-referencing provision
of 40 CFR 3.100 is not sufficiently important to justify its retention.
Therefore, EPA is removing 40 CFR part 3.
III. Matters of Regulatory Procedure
Executive Order 12866
In issuing this rule, EPA 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 regulation
has not been reviewed by the Office of Management and Budget under that
Executive order, as it deals with agency organization, management, and
personnel matters and is not, in any event, deemed ``significant''
thereunder.
Paperwork Reduction Act
EPA has determined that the Paperwork Reduction Act (44 U.S.C.
chapter 35) does not apply because the proposed regulation does not
contain any information collection requirements that require the
approval of the Office of Management and Budget.
Administrative Procedure Act
EPA has found that good cause exists under 5 U.S.C. 553(b)(3) (A),
(B) and (d)(3) for waiving, as unnecessary and contrary to the public
interest, the general notice of proposed rulemaking and the 30-day
delay in effectiveness as to these rules and revocations. This
rulemaking is related solely to EPA's organization, procedure, and
practice. Further, this regulation merely eliminates provisions which
have been superseded in any event and should therefore become effective
immediately.
List of Subjects in 40 CFR Part 3
Environmental protection, Conflict of interests, Government
employees.
Dated: July 30, 1997.
Carol M. Browner,
Administrator, Environmental Protection Agency.
For the reasons set forth in the preamble, the Environmental
Protection Agency is removing part 3 of title 40 of the Code of Federal
Regulations in accordance with its authority at 5 U.S.C. 7301.
[FR Doc. 97-21379 Filed 8-12-97; 8:45 am]
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