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]

Download as PDF 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. cprice-sewell on PROD1PC66 with RULES 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 VerDate Aug<31>2005 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. PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 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 10AUR1 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] BILLING CODE 6717–01–P I DEPARTMENT OF HOMELAND SECURITY Coast Guard * cprice-sewell on PROD1PC66 with RULES § 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] BILLING CODE 6345–02–P VerDate Aug<31>2005 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 10AUR1

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[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]
BILLING CODE 6345-02-P