Standards of Ethical Conduct for Employees of the Executive Branch; Amendments To Clarify the Coverage of Detailees to an Agency Under the Intergovernmental Personnel Act, 45735-45736 [E6-13087]
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45735
Rules and Regulations
Federal Register
Vol. 71, No. 154
Thursday, August 10, 2006
This section of the FEDERAL REGISTER
contains regulatory documents having general
applicability and legal effect, most of which
are keyed to and codified in the Code of
Federal Regulations, which is published under
50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by
the Superintendent of Documents. Prices of
new books are listed in the first FEDERAL
REGISTER issue of each week.
OFFICE OF GOVERNMENT ETHICS
5 CFR Part 2635
RIN 3209–AA04
Standards of Ethical Conduct for
Employees of the Executive Branch;
Amendments To Clarify the Coverage
of Detailees to an Agency Under the
Intergovernmental Personnel Act
AGENCY:
Office of Government Ethics
(OGE).
ACTION:
Final rule; amendments.
SUMMARY: The Office of Government
Ethics is amending the regulation
governing standards of ethical conduct
for executive branch employees of the
Federal Government, to clarify the
coverage of employees of State or local
governments or other organizations
detailed to an agency under the
Intergovernmental Personnel Act.
DATES: Effective Date: September 11,
2006.
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FOR FURTHER INFORMATION CONTACT:
Richard M. Thomas, Associate General
Counsel, Office of Government Ethics;
telephone: 202–482–9300; TDD: 202–
482–9293; FAX: 202–482–9237.
SUPPLEMENTARY INFORMATION: On May
11, 2006, the Office of Government
Ethics (OGE) published proposed
amendments to the Standards of Ethical
Conduct for Employees of the Executive
Branch (Standards), 5 CFR part 2635, to
make clear that detailees from State and
local governments and other
organizations to an agency, pursuant to
the Intergovernmental Personnel Act
(IPA), 5 U.S.C. 3374, are subject to the
Standards. 71 FR 27427–27429. OGE
proposed amending the definition of
‘‘employee,’’ in § 2635.102(h) of the
Standards, expressly to include
‘‘[e]mployees of a State or local
government or other organization who
are serving on detail to an agency,
pursuant to 5 U.S.C. 3371, et seq.’’ OGE
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14:32 Aug 09, 2006
Jkt 208001
also proposed adding a new paragraph
(d) to § 2635.105 of the Standards,
which deals with agency supplemental
regulations, to provide that IPA
detailees would be subject to any
requirements in agency supplemental
standards of conduct regulations to the
extent that such regulations expressly
provide.
OGE received two comments on the
proposed amendatory rule, both from
agency ethics officials. The first
commenter simply concurred in the
proposed rule. The second commenter
did not raise any substantive issues with
respect to the coverage of IPA detailees
under the Standards, but instead noted
that the commenter’s agency was having
difficulty applying the post-employment
restrictions of 18 U.S.C. 207 to certain
IPA detailees. This commenter
requested ‘‘that when the OGE clarifies
5 CFR part 2635, [it] also address the
post-employment restrictions at 18
U.S.C. 207 as it applies to IPA
detailees.’’
OGE did not change the proposed rule
in response to this request. Part 2635 is
not OGE’s post-employment regulation.
OGE’s regulations addressing the postemployment restrictions of 18 U.S.C.
207 are found at 5 CFR part 2641, which
is not the subject of this rulemaking. We
note, moreover, that OGE already has
proposed amendments to part 2641,
some of which deal specifically with
IPA detailees. See 68 FR 7845 (February
18, 2003), at 7870 (proposed definition
of ‘‘employee’’ includes IPA detailees);
and 7881 (application of 18 U.S.C.
207(c) to IPA detailees). Therefore, OGE
is publishing the previously proposed
amendments to part 2635 in the Federal
Register as a final rule, with no changes.
As noted in the preamble to the
proposed rule, 71 FR 27428, OGE is
aware that some agencies already have
required certain IPA detailees to agree to
follow restrictions in agency
supplemental regulations. Such
agencies may continue to recognize any
agreements in force as of the effective
date of the final rule. Moreover,
agencies that wish to amend their
supplemental regulations to cover IPA
detailees, consistent with new
§ 2635.105(d), may continue to use IPA
agreements to obtain commitments to
follow current supplemental
regulations, pending the promulgation
of amendments, for a reasonable period
determined in consultation with OGE.
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Matters of Regulatory Procedure
Regulatory Flexibility Act
As Director of OGE, 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 small entities
because it primarily affects Federal
employees.
Paperwork Reduction Act
The Paperwork Reduction Act (44
U.S.C. chapter 35) does not apply to this
proposed rule because it does not
contain an information collection
requirement that requires the approval
of the Office of Management and
Budget.
Unfunded Mandates Reform Act
For purposes of the Unfunded
Mandates Reform Act of 1995 (2 U.S.C.
chapter 25, subchapter II), this
amendatory rule will not significantly or
uniquely affect small governments and
will not result in increased expenditures
by State, local, and tribal governments,
in the aggregate, or by the private sector,
of $100 million or more (as adjusted for
inflation) in any one year.
Congressional Review Act
The Office of Government Ethics has
determined that this rulemaking
involves a nonmajor rule under the
Congressional Review Act (5 U.S.C.
chapter 8) and will submit a report
thereon to the U.S. Senate, House of
Representatives and Government
Accountability Office in accordance
with that law at the same time that it
transmits this final rule to the Office of
the Federal Register for publication.
Executive Order 12866
In promulgating this rule, OGE 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 final 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 deemed to
be ‘‘significant’’ thereunder.
Executive Order 12988
As Director of the Office of
Government Ethics, I have reviewed this
amendatory regulation in light of
E:\FR\FM\10AUR1.SGM
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45736
Federal Register / Vol. 71, No. 154 / Thursday, August 10, 2006 / Rules and Regulations
section 3 of Executive Order 12988,
Civil Justice Reform, and certify that it
meets the applicable standards provided
therein.
DEPARTMENT OF ENERGY
List of Subjects in 5 CFR Part 2635
18 CFR Part 33
Conflict of interests, Executive branch
standards of ethical conduct,
Government employees.
[Docket No. RM05–34–002; Order No. 659–
B]
Approved: August 3, 2006.
Robert I. Cusick,
Director, Office of Government Ethics.
Transactions Subject to FPA Section
203
Federal Energy Regulatory
Commission, DOE.
ACTION: Final rule; correction.
AGENCY:
Accordingly, for the reasons set forth
in the preamble, the Office of
Government Ethics is amending 5 CFR
part 2635 as follows:
I
PART 2635—STANDARDS OF
ETHICAL CONDUCT FOR EMPLOYEES
OF THE EXECUTIVE BRANCH
1. The authority citation for part 2635
continues to read as follows:
I
Authority: 5 U.S.C. 7301, 7351, 7353; 5
U.S.C. App. (Ethics in Government Act of
1978); 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.
SUMMARY: This document corrects an
error in an order on rehearing that the
Federal Energy Regulatory Commission
published in the Federal Register on
July 27, 2006. That action affirmed, with
certain clarifications, its determinations
in Commission Order Nos. 669 and 669–
A.
EFFECTIVE DATE: August 28, 2006.
FOR FURTHER INFORMATION CONTACT:
Roshini Thayaparan, Office of the
General Counsel, Federal Energy
Regulatory Commission at (202) 502–
6867.
In FR
Document E6–12047, published July 27,
2006 (71 FR 42579), make the following
correction:
SUPPLEMENTARY INFORMATION:
Subpart A—General Provisions
2. Section 2635.102 is amended by
adding a new sentence after the second
sentence of paragraph (h) to read as
follows:
I
§ 2635.102
Federal Energy Regulatory
Commission
Definitions.
*
*
*
*
*
(h) * * * It includes employees of a
State or local government or other
organization who are serving on detail
to an agency, pursuant to 5 U.S.C. 3371,
et seq. * * *
*
*
*
*
*
3. Section 2635.105 is amended by
adding a new paragraph (d) to read as
follows:
§ 33.2
[Corrected]
On page 42586, in the column 3, in
§ 33.2 Contents of application—general
information requirements, in paragraph
(j)(1) introductory text, the word
‘‘transactions’’ is corrected to read
‘‘transaction’’.
I
Magalie R. Salas,
Secretary.
[FR Doc. E6–13106 Filed 8–9–06; 8:45 am]
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I
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
*
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§ 2635.105 Supplemental agency
regulations.
33 CFR Part 165
*
*
*
*
(d) Employees of a State or local
government or other organization who
are serving on detail to an agency,
pursuant to 5 U.S.C. 3371, et seq., are
subject to any requirements, in addition
to those in this part, established by a
supplemental agency regulation issued
under this section to the extent that
such regulation expressly provides.
[FR Doc. E6–13087 Filed 8–9–06; 8:45 am]
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14:54 Aug 09, 2006
Jkt 208001
[COTP JACKSONVILLE 06–164]
RIN 1625–AA87
Security Zones; Captain of the Port
Zone Jacksonville, FL
Coast Guard, DHS.
ACTION: Temporary final rule.
AGENCY:
SUMMARY: The Coast Guard is
temporarily establishing security zones
around any vessel escorted by one or
more Coast Guard, State, or local law
PO 00000
Frm 00002
Fmt 4700
Sfmt 4700
enforcement assets within the Captain
of the Port Zone Jacksonville, FL. No
vessel or person is allowed within 100
yards of an escorted vessel, while
within the navigable waters of the
Captain of the Port Zone, Jacksonville,
FL, unless authorized by the Captain of
the Port Jacksonville, FL or designated
representative. Additionally, all vessels
within 500 yards of an escorted vessel
in the Captain of the Port Zone
Jacksonville, FL will be required to
operate at a minimum speed necessary
to maintain a safe course. This action is
necessary to protect personnel, vessels,
and facilities from sabotage or other
subversive acts, accidents, or other
events of a similar nature.
DATES: This rule is effective from
August 4, 2006 through November 1,
2006.
ADDRESSES: Documents indicated in this
preamble as being available in the
docket, are part of docket (COTP
Jacksonville 06–164) and are available
for inspection or copying at Coast Guard
Sector Jacksonville Prevention
Department, 7820 Arlington
Expressway, Suite 400, Jacksonville, FL
32211, between 7:30 a.m. and 4 p.m.,
Monday through Friday, except Federal
holidays.
FOR FURTHER INFORMATION CONTACT:
Ensign Kira Peterson at Coast Guard
Sector Jacksonville Prevention
Department, Florida tel: (904) 232–2640,
ext. 108.
SUPPLEMENTARY INFORMATION:
Regulatory Information
We did not publish a notice of
proposed rulemaking (NPRM) for this
regulation. Under 5 U.S.C. 553(b)(B), the
Coast Guard finds that good cause exists
for not publishing an NPRM. Security
zones around escorted vessels are
necessary to ensure the safe transit of
the escorted vessels as well as the
public. Certain vessel movements are
more vulnerable to terrorist acts and it
would be contrary to the public interest
to publish an NPRM which would
incorporate a notice and comment
period that would delay the effective
date of this regulation.
For the same reasons and under 5
U.S.C. 553(d)(3), the Coast Guard finds
that good cause exists for making this
rule effective less than 30 days after
publication in the Federal Register.
Background and Purpose
The terrorist attacks of September
2001 heightened the need for
development of various security
measures throughout the seaports of the
United States, particularly around
vessels and facilities whose presence or
E:\FR\FM\10AUR1.SGM
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Agencies
[Federal Register Volume 71, Number 154 (Thursday, August 10, 2006)]
[Rules and Regulations]
[Pages 45735-45736]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-13087]
========================================================================
Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
week.
========================================================================
Federal Register / Vol. 71, No. 154 / Thursday, August 10, 2006 /
Rules and Regulations
[[Page 45735]]
OFFICE OF GOVERNMENT ETHICS
5 CFR Part 2635
RIN 3209-AA04
Standards of Ethical Conduct for Employees of the Executive
Branch; Amendments To Clarify the Coverage of Detailees to an Agency
Under the Intergovernmental Personnel Act
AGENCY: Office of Government Ethics (OGE).
ACTION: Final rule; amendments.
-----------------------------------------------------------------------
SUMMARY: The Office of Government Ethics is amending the regulation
governing standards of ethical conduct for executive branch employees
of the Federal Government, to clarify the coverage of employees of
State or local governments or other organizations detailed to an agency
under the Intergovernmental Personnel Act.
DATES: Effective Date: September 11, 2006.
FOR FURTHER INFORMATION CONTACT: Richard M. Thomas, Associate General
Counsel, Office of Government Ethics; telephone: 202-482-9300; TDD:
202-482-9293; FAX: 202-482-9237.
SUPPLEMENTARY INFORMATION: On May 11, 2006, the Office of Government
Ethics (OGE) published proposed amendments to the Standards of Ethical
Conduct for Employees of the Executive Branch (Standards), 5 CFR part
2635, to make clear that detailees from State and local governments and
other organizations to an agency, pursuant to the Intergovernmental
Personnel Act (IPA), 5 U.S.C. 3374, are subject to the Standards. 71 FR
27427-27429. OGE proposed amending the definition of ``employee,'' in
Sec. 2635.102(h) of the Standards, expressly to include ``[e]mployees
of a State or local government or other organization who are serving on
detail to an agency, pursuant to 5 U.S.C. 3371, et seq.'' OGE also
proposed adding a new paragraph (d) to Sec. 2635.105 of the Standards,
which deals with agency supplemental regulations, to provide that IPA
detailees would be subject to any requirements in agency supplemental
standards of conduct regulations to the extent that such regulations
expressly provide.
OGE received two comments on the proposed amendatory rule, both
from agency ethics officials. The first commenter simply concurred in
the proposed rule. The second commenter did not raise any substantive
issues with respect to the coverage of IPA detailees under the
Standards, but instead noted that the commenter's agency was having
difficulty applying the post-employment restrictions of 18 U.S.C. 207
to certain IPA detailees. This commenter requested ``that when the OGE
clarifies 5 CFR part 2635, [it] also address the post-employment
restrictions at 18 U.S.C. 207 as it applies to IPA detailees.''
OGE did not change the proposed rule in response to this request.
Part 2635 is not OGE's post-employment regulation. OGE's regulations
addressing the post-employment restrictions of 18 U.S.C. 207 are found
at 5 CFR part 2641, which is not the subject of this rulemaking. We
note, moreover, that OGE already has proposed amendments to part 2641,
some of which deal specifically with IPA detailees. See 68 FR 7845
(February 18, 2003), at 7870 (proposed definition of ``employee''
includes IPA detailees); and 7881 (application of 18 U.S.C. 207(c) to
IPA detailees). Therefore, OGE is publishing the previously proposed
amendments to part 2635 in the Federal Register as a final rule, with
no changes.
As noted in the preamble to the proposed rule, 71 FR 27428, OGE is
aware that some agencies already have required certain IPA detailees to
agree to follow restrictions in agency supplemental regulations. Such
agencies may continue to recognize any agreements in force as of the
effective date of the final rule. Moreover, agencies that wish to amend
their supplemental regulations to cover IPA detailees, consistent with
new Sec. 2635.105(d), may continue to use IPA agreements to obtain
commitments to follow current supplemental regulations, pending the
promulgation of amendments, for a reasonable period determined in
consultation with OGE.
Matters of Regulatory Procedure
Regulatory Flexibility Act
As Director of OGE, 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 small entities because it
primarily affects Federal employees.
Paperwork Reduction Act
The Paperwork Reduction Act (44 U.S.C. chapter 35) does not apply
to this proposed rule because it does not contain an information
collection requirement that requires the approval of the Office of
Management and Budget.
Unfunded Mandates Reform Act
For purposes of the Unfunded Mandates Reform Act of 1995 (2 U.S.C.
chapter 25, subchapter II), this amendatory rule will not significantly
or uniquely affect small governments and will not result in increased
expenditures by State, local, and tribal governments, in the aggregate,
or by the private sector, of $100 million or more (as adjusted for
inflation) in any one year.
Congressional Review Act
The Office of Government Ethics has determined that this rulemaking
involves a nonmajor rule under the Congressional Review Act (5 U.S.C.
chapter 8) and will submit a report thereon to the U.S. Senate, House
of Representatives and Government Accountability Office in accordance
with that law at the same time that it transmits this final rule to the
Office of the Federal Register for publication.
Executive Order 12866
In promulgating this rule, OGE 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 final 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 deemed to be
``significant'' thereunder.
Executive Order 12988
As Director of the Office of Government Ethics, I have reviewed
this amendatory regulation in light of
[[Page 45736]]
section 3 of Executive Order 12988, Civil Justice Reform, and certify
that it meets the applicable standards provided therein.
List of Subjects in 5 CFR Part 2635
Conflict of interests, Executive branch standards of ethical
conduct, Government employees.
Approved: August 3, 2006.
Robert I. Cusick,
Director, Office of Government Ethics.
0
Accordingly, for the reasons set forth in the preamble, the Office of
Government Ethics is amending 5 CFR part 2635 as follows:
PART 2635--STANDARDS OF ETHICAL CONDUCT FOR EMPLOYEES OF THE
EXECUTIVE BRANCH
0
1. The authority citation for part 2635 continues to read as follows:
Authority: 5 U.S.C. 7301, 7351, 7353; 5 U.S.C. App. (Ethics in
Government Act of 1978); 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.
Subpart A--General Provisions
0
2. Section 2635.102 is amended by adding a new sentence after the
second sentence of paragraph (h) to read as follows:
Sec. 2635.102 Definitions.
* * * * *
(h) * * * It includes employees of a State or local government or
other organization who are serving on detail to an agency, pursuant to
5 U.S.C. 3371, et seq. * * *
* * * * *
0
3. Section 2635.105 is amended by adding a new paragraph (d) to read as
follows:
Sec. 2635.105 Supplemental agency regulations.
* * * * *
(d) Employees of a State or local government or other organization
who are serving on detail to an agency, pursuant to 5 U.S.C. 3371, et
seq., are subject to any requirements, in addition to those in this
part, established by a supplemental agency regulation issued under this
section to the extent that such regulation expressly provides.
[FR Doc. E6-13087 Filed 8-9-06; 8:45 am]
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