[Federal Register Volume 62, Number 189 (Tuesday, September 30, 1997)]
[Rules and Regulations]
[Pages 51051-51052]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-25853]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Parts 0 and 1
[DA 97-1994]
Commission Organization and Agency Practice and Procedure
AGENCY: Federal Communications Commission.
ACTION: Final rule.
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SUMMARY: The Federal Communications Commission is amending part 1 of
the Commission's Rules to remove specific references which are either
superseded by the Office of Government Ethics' regulations or which are
rendered obsolete because there is no equivalent language in the
revised statute. The Commission is also amending part 0 to correct an
oversight in the functions of the Managing Director and authority
delegated to the General Counsel to clarify that the Designated Agency
Ethics Official is responsible for making determinations concerning
waivers of section 4(b) of the Communications Act and the Federal
conflict of interest statutes.
EFFECTIVE DATE: September 30, 1997.
FOR FURTHER INFORMATION CONTACT: Sharon B. Kelley, Office of General
Counsel, (202) 418-1720.
SUPPLEMENTARY INFORMATION:
Adopted: September 15, 1997.
Released: September 16, 1997.
1. The rule changes below remove from part 1 of the Commission's
rules on Commission Practice and Procedure specific references to 18
U.S.C. Sec. 207 which are either superseded by the Office of Government
Ethics' (OGE's) regulations found at 5 CFR 2641, or rendered obsolete
because there is no equivalent language in revised 18 U.S.C. Sec. 207.
2. There have been several significant amendments to 18 U.S.C.
Sec. 207. Under the Ethics Reform Act of 1989, Public Law 101-194
(1989), sections 207 (g) and (j) were removed. A subsequent amendment
to section 207(c)(2)(A)(ii) substituted ''level 5 of the Senior
Executive Service'' for ``level 5 of the Executive Schedule'' and an
amendment to section 207(j) provided an additional exception from the
one-year bar found at 18 U.S.C. Secs. 207 (c) and (d) for certain
political activity by senior Federal employees. OGE Reauthorization Act
of 1996, Public Law 104-179, Secs. 5, 6 (1996). Because the references
to section 207 contained in part 0 of the Commission's rules have been
superseded by OGE regulations or made obsolete by subsequent changes to
section 207, we are removing them herein.
3. In compliance with the OGE's new government-wide Standards of
Ethical Conduct (5 CFR 2635), on July 20, 1994, the Commission adopted
an Order delegating authority to the General Counsel to assume the
responsibilities of serving as the Commission's Designated Agency
Ethics Official (DAEO). 59 FR 39703 (August 4, 1994), 9 FCC Rcd. 3596
(1994); 5 CFR 2638.201-2638.202; 47 CFR 0.251(a). Although
determinations concerning waivers of the applicability of section 4(b)
of the Communications Act and the Federal conflict of interest statutes
(i.e., 18 U.S.C. Secs. 203, 205 and 208) fall within the broad
delegated authority given to the DAEO, see 5 CFR 2638.201,
corresponding revisions were not made to the functions of the Office of
the Managing Director and authority delegated to the General Counsel in
part 0 of the Commission's rules. 47 CFR 0.11(a) (9)and 0.251. To
correct this oversight, we are amending these sections to reflect that
the DAEO is responsible for making determinations concerning waivers of
section 4(b) of the Communications Act and the Federal conflict of
interest statutes.
4. The revisions adopted in this Order apply to internal rules of
agency personnel organization, management, practice and procedure for
which notice and comment is not required. 5 U.S.C. Secs. 553 (a)(2),
(b)(3)(A) and (d).
5. Accordingly, effective upon publication in the Federal Register,
parts 0 and 1 of the Commission's rules, as set forth below, pursuant
to the authority contained in sections 4(i), 5(c) and 303(r) of the
Communications Act, 47 U.S.C. Secs. 154(i), 155(c) and 303(r), and
section 0.231(b) of the Commission's regulations, 47 CFR 0.231(b).
[[Page 51052]]
List of Subjects
47 CFR Part 0
Commission Organization.
47 CFR Part 1
Practice and Procedure.
Federal Communications Commission.
Andrew S. Fishel,
Managing Director.
Rule Changes
Parts 0 and 1 of Title 47 of the Code of Federal Regulations are
amended as follows:
PART 0--COMMISSION ORGANIZATION
1. The authority citation for part 0 continues to read as follows:
Authority: Secs. 5, 48 Stat. 1068, as amended; 47 U.S.C. 155.
Sec. 0.11 Functions of the office.
2. In Sec. 0.11, remove and reserve paragraph (a)(9).
Sec. 0.231 Authority delegated.
3. In Sec. 0.231, remove and reserve paragraphs (c) and (f).
Sec. 0.251 Authority delegated.
4. In Sec. 0.251, add new paragraph (i) to read as follows:
* * * * *
(i) The General Counsel is delegated authority to make
determinations regarding and waive the applicability of section 4(b) of
the Communications Act (47 U.S.C. Sec. 154(b)) and the Federal conflict
of interest statutes (18 U.S.C. Secs. 203, 205 and 208).
PART 1--PRACTICE AND PROCEDURE
5. The authority citation for part 1 continues to read as follows:
Authority: 47 U.S.C. 151, 154, 207, 303 and 309(j) unless
otherwise noted.
Sec. 1.25 [Removed and Reserved]
6. Section 1.25 is removed and reserved.
Sec. 1.28 [Removed and Reserved]
7. Section 1.28 is removed and reserved.
Sec. 1.29 [Removed and Reserved]
8. Section 1.29 is removed and reserved.
[FR Doc. 97-25853 Filed 9-29-97; 8:45 am]
BILLING CODE 6712-01-P
