[Federal Register Volume 63, Number 121 (Wednesday, June 24, 1998)]
[Rules and Regulations]
[Pages 34258-34259]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-16688]
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DEPARTMENT OF THE INTERIOR
5 CFR Part 3501
43 CFR Part 20
RINS 1090-AA38, 3209-AA15
Supplemental Standards of Ethical Conduct for Employees of the
Department of the Interior and Residual Employee Responsibilities and
Conduct Regulations
AGENCY: Department of the Interior (Department).
ACTION: Final rule.
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SUMMARY: The Department of the Interior, with the concurrence of the
Office of Government Ethics (OGE), is issuing a final rule for
employees of the Department that supplements the Standards of Ethical
Conduct for Employees of the Executive Branch (Standards) issued by
OGE. This final rule is a necessary supplement to the Standards because
it addresses ethical issues unique to the Department. The final rule
adopts prior interim regulations as final, with amendments deleting the
provision specifying the title of an employee to serve as the
Designated Agency Ethics Official and a typographical correction. The
portion of the interim rule concerning the Department's separate
employee responsibilities and conduct regulation is being amended by
this final rule by changing the reference to the Designated Agency
Ethics Official as well and by making technical revisions to the
authority citation.
EFFECTIVE DATE: June 24, 1998.
FOR FURTHER INFORMATION CONTACT: Mason Tsai or Linda T. Sullivan,
Department Ethics Office, (202) 208-5916.
SUPPLEMENTARY INFORMATION:
I. Background
On August 7, 1992, the Office of Government Ethics published the
Standards of Ethical Conduct for Employees of the Executive Branch
(Standards). See 57 FR 35006-35067, as corrected at 57 FR 48557, 57 FR
52583, and 60 FR 51667, and amended at 61 FR 42965-42970 (as corrected
at 61 FR 48733), 61 FR 50689-50691 (interim rule revisions adopted as
final at 62 FR 12531), and 62 FR 48746-48748, with additional grace
period extensions at 59 FR 4779-4780, 60 FR 6390-6391, 60 FR 66857-
66858, and 61 FR 40950-40952. The Standards, codified at 5 CFR part
2635 and effective February 3, 1993, establish uniform standards of
ethical conduct for executive branch personnel.
On October 16, 1997, the Department, with OGE's concurrence, issued
an interim rule with a request for comments, setting forth the
Supplemental Standards of Ethical Conduct for Employees of the
Department of the Interior and revising the Department's employee
responsibilities and conduct regulations at 43 CFR part 20. See 62 FR
53713-53726. The Department's separate employee responsibilities and
conduct regulations at 43 CFR part 20 had previously been revised in a
final rule published on June 10, 1993 at 58 FR 32446-32449. The interim
rule prescribed a 60-day comment period and invited comments from all
interested parties. The Department received no comments in response to
its requests for comments on the interim rule. The comment period
closed on December 15, 1997.
The Department, with OGE's concurrence, is now publishing as final,
with a few minor technical amendments, the interim Supplemental
Standards of Conduct for Employees of the Department of the Interior
and the Department's separate employee responsibilities and conduct
interim regulations. The Department has determined that these
supplemental regulations are necessary to the success of its ethics
program.
[[Page 34259]]
II. Analysis of Amendments
This final rule amends two provisions in the interim rule which are
located at 5 CFR 3501.101(b)(3) and 43 CFR 20.201(a), respectively,
dealing with the designation of the Department's Designated Agency
Ethics Official. These two provisions in the interim rule state that
``Designated Agency Ethics Official'' (DAEO) means the Assistant
Secretary--Policy, Management and Budget.
Because future administrations and reorganizations may change the
position title of the Assistant Secretary--Policy, Management and
Budget, or result in the DAEO responsibilities being assigned to an
employee in a different position, the Department has determined that it
is not practical or cost efficient to publish in this rule the title of
the officer who has been assigned the responsibilities of the DAEO. As
a result, the final rule in 5 CFR 3501.101(b)(3) has been amended to
delete the provision specifying the title of the employee who serves as
the DAEO. As the procedure for designation of the DAEO is already
referenced in the definition section of the Standards at 5 CFR
2635.102(f), no substitute for the deleted supplemental provision is
necessary. In the Department's separate residual regulation at 43 CFR
20.201(a), the final rule has been amended to read that the DAEO means
the official designated under 5 CFR 2638.201 to coordinate and manage
the Department's ethics program. The authority citation to the
Department's residual regulation is also being revised by adding a
reference to 5 U.S.C. 7301 and by revising the citation to 43 U.S.C. 31
to 43 U.S.C. 31(a). Other than these amendments to the Department's
residual regulation, the final rule adopts the revisions to the
Department's residual regulation made in the interim rule without
change.
III. Correction of Typographical Error
The Department is also correcting in this final rule a
typographical error that appeared in the interim rule which was
published in the Federal Register on October 16, 1997 (62 FR 53720).
The citation mentioned in 5 CFR 3501.105(b)(4)(ii)(E) is incorrect and
is being amended to read ``(b)(4)(ii) (A) through (D) of this
section.''
IV. Matters of Regulatory Procedure
Executive Order 12886
In promulgating this final rule, the Department 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 since it deals with
agency organization, management, and personnel matters and is not, in
any event, deemed ``significant'' thereunder.
Administrative Procedure Act
The Department has found good cause, pursuant to 5 U.S.C.
553(d)(3), for waiving the 30-day delay in effectiveness as to this
final rule. The reason for this determination is that it is important
that these minor technical amendments effective as soon as possible.
Regulatory Flexibility Act
The Department has determined that these regulations will not have
a significant economic impact on a substantial number of small entities
within the meaning of the Regulatory Flexibility Act (5 U.S.C. 605).
Paperwork Reduction Act
The Department has determined that these regulations do not contain
any information collection requirements that require the approval of
the Office of Management and Budget pursuant to the Paperwork Reduction
Act (44 U.S.C. chapter 35).
List of Subjects in 5 CFR Part 3501 and 43 CFR Part 20
Conflict of interests, Government employees.
Dated: June 11, 1998.
John D. Leshy,
Solicitor, Department of the Interior.
Approved: June 17, 1998.
Stephen D. Potts,
Director, Office of Government Ethics.
Accordingly, for the reasons set forth in the preamble, the
Department of the Interior, with the concurrence of the Office of
Government Ethics, is adopting the interim rule adding 5 CFR chapter
XXV, consisting of part 3501, and amending 43 CFR part 20 which was
published at 62 FR 53713-53726 on October 16, 1997, as a final rule
with the following changes:
CHAPTER XXV--DEPARTMENT OF THE INTERIOR
PART 3501--SUPPLEMENTAL STANDARDS OF ETHICAL CONDUCT FOR EMPLOYEES
OF THE DEPARTMENT OF THE INTERIOR
1. The authority citation for part 3501 continues to read as
follows:
Authority: 5 U.S.C. 301, 7301; 5 U.S.C. App. (Ethics in
Government Act of 1978); 30 U.S.C. 1211; 43 U.S.C. 11, 31(a); E.O.
12674, 3 CFR, 1989 Comp., p. 215, as modified by E.O. 12731, 3 CFR,
1990 Comp., p. 306; 5 CFR 2635.105, 2635.203(a), 2635.403(a),
2635.803.
Sec. 3501.101 [Amended]
2. Section 3501.101 is amended by removing paragraph (b)(3) and
redesignating paragraphs (b)(4) and (b)(5) as paragraphs (b)(3) and
(b)(4), respectively.
Sec. 3501.105 [Amended]
3. Section 3501.105 is amended by removing the cross-reference
``(c)(4)(ii) (A) through (D)'' in paragraph (b)(4)(ii)(E) and adding in
its place the cross-reference ``(b)(4)(ii)(A) through (D)''.
TITLE 43--[AMENDED]
SUBTITLE A--[AMENDED]
PART 20--EMPLOYEE RESPONSIBILITIES AND CONDUCT
4. The authority citation for part 20 is revised to read as
follows:
Authority: 5 U.S.C. 301, 7301; 5 U.S.C. App. (Reorganization
Plan No. 3 of 1950); 30 U.S.C. 1211; 43 U.S.C. 11, 31(a); 5 CFR
2634.903, 2634.905.
5. Section 20.201 is amended by revising paragraph (a) to read as
follows:
Sec. 20.201 Ethics officials.
(a) Designated Agency Ethics Official refers to the official
designated under 5 CFR 2638.201 to coordinate and manage the
Department's ethics program.
* * * * *
[FR Doc. 98-16688 Filed 6-23-98; 8:45 am]
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