[Federal Register Volume 63, Number 196 (Friday, October 9, 1998)]
[Rules and Regulations]
[Pages 54354-54355]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-27217]
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ADVISORY COUNCIL ON HISTORIC PRESERVATION
36 CFR Part 811
Employee Responsibilities and Conduct; Removal of Superseded
Regulations and Addition of Residual Cross-References
AGENCY: Advisory Council on Historic Preservation (Council).
ACTION: Final rule.
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SUMMARY: The Advisory Council on Historic Preservation is repealing its
superseded old agency employee conduct regulations, which have been
replaced by the executive branch-wide Standards of Ethical Conduct,
financial disclosure and financial interests regulations issued by the
Office of Government Ethics (OGE). In place of its old conduct
regulations, the Council is adding a section of residual cross-
references to those new provisions as well as to certain executive
branch-wide conduct rules promulgated by the Office of Personnel
Management (OPM).
EFFECTIVE DATE: November 9, 1998.
FOR FURTHER INFORMATION CONTACT: John M. Fowler, Designated Agency
Ethics Official, Advisory Council on Historic Preservation, Suite 809,
1100 Pennsylvania Avenue, NW., Washington, DC 20004; telephone: 202-
606-8503; FAX: 202-606-8647.
SUPPLEMENTARY INFORMATION: In 1992, OGE issued a final rule setting
forth uniform Standards of Ethical Conduct and an interim final rule on
financial
[[Page 54355]]
disclosure, and in 1996 issued a final rule on financial interests for
executive branch departments and agencies of the Federal Government and
their employees. Those three executive branch-wide regulations, as
corrected and amended, are codified at 5 CFR Parts 2634, 2635 and 2640.
Together those regulations have superseded the old Council regulations
on employee responsibilities and conduct, which have been codified at
36 CFR Part 811 (and were based on prior OPM standards). Accordingly,
the Council is removing its superseded regulations and adding in place
thereof a new section containing residual cross-references to the new
provisions at 5 CFR Parts 2634, 2635 and 2640. In addition, the Council
is including in that section a reference to the specific executive
branch-wide restrictions on gambling, safeguarding the examination
process and conduct prejudicial to the Government which are set forth
in 5 CFR Part 735, as issued by OPM in 1992.
Matters of Regulatory Procedure
Administrative Procedure Act
As Executive Director of the Advisory Council on Historic
Preservation (Council), I have found good cause, pursuant to 5 U.S.C.
553(a) (2) and (b), for waiving the notice of proposed rulemaking and
opportunity for public comment as to this final rule. The notice and
public comment provisions are being waived because it is in the public
interest that this rule, which concerns matters of agency organization,
management and personnel and merely reflects for Council employees the
current regulatory structure for ethical conduct standards, financial
disclosure and financial interests, become effective as soon as
possible.
Executive Order 12866
The Council is exempt from compliance with Executive Order 12866
pursuant to implementing guidance issued by the Office of Management
and Budget's Office of Information and Regulatory Affairs in a
memorandum dated October 12, 1993. However, in promulgating this final
rule, the Council nevertheless has adhered to the regulatory philosophy
and the applicable principles of regulation set forth in Executive
Order 12866. This final rule deals with agency organization,
management, and personnel matters and is not in any event deemed
``significant'' thereunder.
Regulatory Flexibility Act
As Executive Director of the Council, I have determined under the
Regulatory Flexibility Act (5 U.S.C. Chapter 6) that this final rule
will not have a significant economic impact on a substantial number of
small entities because it primarily affects Council employees.
Paperwork Reduction Act
As Executive Director of the Council, I have determined that the
Paperwork Reduction Act (44 U.S.C. Chapter 35) does not apply to this
final rule, because it does not contain any information collection
requirements that require the approval of the Office of Management and
Budget.
List of Subjects in 36 CFR Part 811
Conflict of interests, Government employees.
John M. Fowler,
Executive Director.
For the reasons set forth in the preamble, the Advisory Council on
Historic Preservation is revising 36 CFR Part 811 to read as follows:
PART 811--EMPLOYEE RESPONSIBILITIES AND CONDUCT
Sec. 811.1 Cross-references to employees' ethical conduct standards,
financial disclosure and financial interests regulations and other
conduct rules.
Employees of the Advisory Council on Historic Preservation are
subject to the executive branch-wide standards of ethical conduct,
financial disclosure and financial interests regulations at 5 CFR Parts
2634, 2635 and 2640, as well as the executive branch-wide employee
responsibilities and conduct regulations at 5 CFR Part 735.
Authority: 5 U.S.C. 7301 and 16 U.S.C. 470, as amended.
[FR Doc. 98-27217 Filed 10-8-98; 8:45 am]
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