[Federal Register Volume 64, Number 220 (Tuesday, November 16, 1999)]
[Rules and Regulations]
[Pages 62112-62113]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-29658]
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DEPARTMENT OF THE TREASURY
31 CFR Part 18
Agency Organization: Vacancy, Disability, and Absence
AGENCY: Office of the Secretary of the Treasury, Department of the
Treasury.
ACTION: Final rule.
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SUMMARY: This final rule establishes regulations concerning the
functions and duties of certain offices within the Department of the
Treasury in case of absence, disability, or vacancy. The rule is
consistent with sections 3345 through 3349d of title 5, United States
Code, as amended by the Federal Vacancies Reform Act of 1998. Currently
codified at 31 CFR Part 18 are temporary regulations relating to the
tax treatment of the Conrail public sale. Although the temporary
regulations are no longer needed and are being replaced by the
regulation in this document, the temporary regulations continue to
apply to transactions that occurred while they were effective.
EFFECTIVE DATE: November 16, 1999.
FOR FURTHER INFORMATION CONTACT: Randolph B. Sim, Attorney Adviser,
Office of the Assistant General Counsel (General Law and Ethics),
Department of the Treasury, Washington, DC 20220, (202) 622-0450 (not a
toll-free call).
SUPPLEMENTARY INFORMATION: Section 3345 of title 5, United States Code,
provides that when an officer whose appointment is required to be made
by the President, by and with the advice and consent of the Senate
(``PAS Office''), dies, resigns, or is otherwise unable to perform the
functions and duties of the office, the first assistant to the office
of such officer (``First Assistant'') may perform temporarily the
functions and duties of the PAS Office. The rule authorizes the
Secretary to establish for each office within the Department of the
Treasury (including its bureaus) to which appointment is required to be
made by the President with the advice and consent of the Senate a First
Assistant within the meaning of 5 U.S.C. 3345-3349d. If there is a
principal deputy to the PAS Office, that official is the First
Assistant. If there is no position with the title ``principal deputy,''
but there is one, and only one, deputy position to the PAS Office
(which deputy may have a different title, such as Deputy Director),
that deputy is the First Assistant. If there is no position which
qualifies as First Assistant under these tests, the Secretary may
designate a First Assistant. Consistent with 5 U.S.C. 3347, the rule
does not apply to certain specified offices or if a statute prescribes
another means for authorizing an officer or employee to perform the
functions and duties of a PAS Office temporarily in an acting capacity.
This rule shall not affect the filing of vacancies that occurred
prior to the effective date of the Federal Vacancies Reform Act of
1998.
Because this rule relates to agency management and personnel, it is
not subject to notice and public procedure or to a delayed effective
date pursuant to 5 U.S.C. 553(a)(2). Because no notice of proposed
rulemaking is required, the provisions of the Regulatory Flexibility
Act (5 U.S.C. 601 et seq.) do not apply. This document is not a
significant regulatory action for purposes of Executive Order 12866.
List of Subjects in 31 CFR Part 18
Government employees, Organization and functions (Government
agencies).
Accordingly, part 18 of title 31 of the Code of Federal Regulations
is revised to read as follows:
PART 18--OFFICIALS DESIGNATED TO PERFORM THE FUNCTIONS AND DUTIES
OF CERTAIN OFFICES IN CASE OF ABSENCE, DISABILITY, OR VACANCY
Sec.
18.1 Designation of First Assistants.
18.2 Exceptions.
Authority: 5 U.S.C. 301; 31 U.S.C. 321.
Sec. 18.1 Designation of First Assistants.
Except as provided in Sec. 18.2, every office within the Department
of the Treasury (including its bureaus) to which appointment is
required to be made by the President with the advice and consent of the
Senate (``PAS Office'') may have a First Assistant within the meaning
of 5 U.S.C. 3345-3349d.
(a) Where there is a position of principal deputy to the PAS
Office, the principal deputy shall be the First Assistant.
(b) Where there is only one deputy position to the PAS Office, the
official in that position shall be the First Assistant.
(c) Where neither paragraph (a) nor (b) of this section is
applicable to the PAS Office, the Secretary of the Treasury may
designate in writing the First Assistant.
Sec. 18.2 Exceptions.
(a) Section 18.1 shall not apply:
(1) When a statute which meets the requirements of 5 U.S.C. 3347(a)
prescribes another means for authorizing an officer or employee to
perform the functions and duties of a PAS Office in the Department
temporarily in an acting capacity; and
(2) To the office of a member of the Internal Revenue Service
Oversight Board.
(b) The Inspector General of the Department of the Treasury shall
determine any arrangements for the temporary performance of the
functions and duties of the Inspector General of the Department of the
Treasury when that office is vacant.
(c) The Treasury Inspector General for Tax Administration shall
determine any arrangements for the temporary performance of the
functions and duties of the Treasury Inspector General for
[[Page 62113]]
Tax Administration when that office is vacant.
Dated: November 4, 1999.
Lawrence H. Summers,
Secretary of the Treasury.
[FR Doc. 99-29658 Filed 11-15-99; 8:45 am]
BILLING CODE 4810-25-M
