[Federal Register Volume 64, Number 24 (Friday, February 5, 1999)]
[Rules and Regulations]
[Pages 5709-5710]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-2711]
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Rules and Regulations
Federal Register
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Federal Register / Vol. 64, No. 24 / Friday, February 5, 1999 / Rules
and Regulations
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OFFICE OF GOVERNMENT ETHICS
5 CFR Part 2641
RIN 3209-AA07
Post-Employment Conflict of Interest Restrictions; Revision of
Departmental Component Designations
AGENCY: Office of Government Ethics (OGE).
ACTION: Final rule.
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SUMMARY: The Office of Government Ethics is issuing this rule to
designate a departmental component, to correct the name of an existing
component, and to revoke an existing component designation for purposes
of a statutory post-employment conflict of interest restriction.
EFFECTIVE DATES: The amendments to appendix B to part 2641, as set
forth in amendatory instruction 2, are effective February 5, 1999. The
removal of a component designation from appendix B to part 2641, as set
forth in amendatory instruction 3, is effective May 6, 1999.
FOR FURTHER INFORMATION CONTACT: Julia Loring Eirinberg, Office of
General Counsel and Legal Policy, Office of Government Ethics;
telephone: 202-208-8000, extension 1108; TDD: 202-208-8025; FAX: 202-
208-8037.
SUPPLEMENTARY INFORMATION:
A. Substantive Discussion
The Director of OGE is authorized by 18 U.S.C. 207(h) to designate
distinct and separate departmental or agency components in the
executive branch for purposes of 18 U.S.C. 207(c). The representational
bar of 18 U.S.C. 207(c) usually extends to the whole of any department
or agency in which a former senior employee served in any capacity
during the year prior to termination from a senior employee position.
However, eligible senior employees may be permitted to communicate to
or appear before parts of their former department or agency if one or
more components of the department or agency have been designated as
separate agencies or bureaus by OGE.
As specified in 5 CFR 2641.201(e)(3)(iii), the Director of OGE
``shall by rule make or revoke a component designation after
considering the recommendation of the designated agency ethics
official.'' Component designations are listed in appendix B of this
part 2641. Pursuant to the procedures prescribed in 5 CFR 2641.201(e),
two departments have forwarded letters to OGE requesting the amendment
of appendix B since it was last revised in 1997 (62 FR 26915-26918 (May
16, 1997), as corrected at 62 FR 31865 (June 11, 1997)). After
carefully reviewing these requests in light of the criteria in 18
U.S.C. 207(h) as implemented in 5 CFR 2641.201(e)(6), I have determined
to revise appendix B as requested.
As requested by the Department of Defense (DOD), I am revoking the
designation of the Defense Special Weapons Agency as a distinct and
separate component of DOD because the agency has recently been
disestablished. I am replacing the designation with a component which
is, in large part, the successor component to that agency. The new
component, the Defense Threat Reduction Agency, has replaced selected
elements of the Office of the Secretary of Defense, the Defense Special
Weapons Agency, the On-Site Inspection Agency, and the Defense
Technology Security Administration. In addition, I am revising the
listing for the Department of the Treasury to correct the name of the
Financial Management Service. That entry has incorrectly referred to
the Financial Management Center.
As indicated in 5 CFR 2641.201(e)(4), a designation ``shall be
effective as of the effective date of the rule that creates the
designation, but shall not be effective as to employees who terminated
senior service prior to that date.'' Initial designations were
effective as of January 1, 1991. The effective date of subsequent
designations is indicated by means of parenthetical entries in appendix
B. The new component designation and the correction made by this
rulemaking document are effective February 5, 1999. As also provided in
5 CFR 2641.201(e)(4), a revocation is effective 90 days after the
effective date of the rule that revokes the designation. Accordingly,
the component designation revocation made in this rulemaking will take
effect May 6, 1999. Revocations are not effective as to any individual
terminating senior service prior to the expiration of the 90-day
period.
B. Matters of Regulatory Procedure
Administrative Procedure Act
Pursuant to 5 U.S.C. 553, as the Director of OGE, I find that good
cause exists for waiving the general requirements for notice of
proposed rulemaking, opportunity for public comment, and a 30-day
delayed effective date. It is important that the designation or
revocation by OGE of separate departmental or agency components be
published in the Federal Register as promptly as possible. Furthermore,
since this rule is interpretive in nature, it is exempt from the
notice, comment, and delayed effectiveness requirements of 5 U.S.C.
553.
Executive Order 12866
In promulgating this final rule, 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 rule 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 ``significant'' under the order.
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 rule will not
have a significant economic impact on a substantial number of entities
because it affects only Federal departments and agencies and current
and former Federal employees.
Paperwork Reduction Act
The Paperwork Reduction Act (44 U.S.C. chapter 35) does not apply
to this rule because it does not contain information collection
requirements that
[[Page 5710]]
require the approval of the Office of Management and Budget.
List of Subjects in 5 CFR Part 2641
Conflict of interests, Government employees.
Approved: January 29, 1999.
Stephen D. Potts,
Director, Office of Government Ethics.
Accordingly, for the reasons set forth in the preamble, the Office
of Government Ethics is amending part 2641 of subchapter B of chapter
XVI of title 5 of the Code of Federal Regulations as follows:
PART 2641--[AMENDED]
1. The authority citation for part 2641 continues to read as
follows:
Authority: 5 U.S.C. App. (Ethics in Government Act of 1978); 18
U.S.C. 207; 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. Effective February 5, 1999, appendix B to part 2641 is amended
by revising the listings for the Department of Defense and the
Department of the Treasury to read as follows:
Appendix B to Part 2641--Agency Components for Purposes of 18
U.S.C. 207(c)
* * * * *
Parent: Department of Defense
Components:
Department of the Air Force
Department of the Army
Department of the Navy
Defense Information Systems Agency
Defense Intelligence Agency
Defense Logistics Agency
Defense Special Weapons Agency (effective May 16, 1997; expiring
May 6, 1999)
Defense Threat Reduction Agency (effective February 5, 1999)
National Imagery and Mapping Agency (effective May 16, 1997)
National Security Agency
* * * * *
Parent: Department of the Treasury
Components:
Bureau of Alcohol, Tobacco and Firearms
Bureau of Engraving and Printing
Bureau of the Mint
Bureau of the Public Debt
Comptroller of the Currency
Federal Law Enforcement Training Center
Financial Management Service
Internal Revenue Service
Office of Thrift Supervision
United States Customs Service
United States Secret Service
3. Effective May 6, 1999, appendix B to part 2641 is further
amended by removing the Defense Special Weapons Agency from the listing
for the Department of Defense.
[FR Doc. 99-2711 Filed 2-4-99; 8:45 am]
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