[Federal Register: May 9, 2003 (Volume 68, Number 90)]
[Rules and Regulations]
[Page 24878-24879]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09my03-13]
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DEPARTMENT OF COMMERCE
Office of the Secretary
15 CFR Part 0
[Docket No.: 010926237-3101-02]
RIN 0690-AA32
Employee Responsibilities and Conduct; Removal of Obsolete
Regulations
AGENCY: Office of the General Counsel, Department of Commerce.
ACTION: Final rule.
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[[Page 24879]]
SUMMARY: The Department of Commerce (the ``Department'') issues this
final rule to revise and remove certain sections of the Commerce and
Foreign Trade Regulation concerning the policies and procedures
relating to employee responsibilities and conduct. The government-wide
regulations of the Office of Government Ethics make these Department
provisions obsolete.
EFFECTIVE DATE: May 9, 2003.
FOR FURTHER INFORMATION CONTACT: Chris Cox, Attorney-Advisor, telephone
number: (202) 482-2442, fax: (202) 501-2295.
SUPPLEMENTARY INFORMATION: In August, 1992, the Office of Government
Ethics promulgated the Executive Branch Financial Disclosure, Qualified
Trusts, and Certificate of Divestiture regulations, 5 CFR part 2634,
and the Standards of Ethical Conduct for Employees of the Executive
Branch, 5 CFR part 2635. These regulations implemented the
responsibilities and standards required by the 1978 Ethics in
Government Act.
This final rule removes the following provisions from the
Department's internal conduct regulations codified at 15 CFR part 0:
[sbull] Subparts B, C, and E;
[sbull] Sections 0.735-10a, 0.735-11, 0.735-12, 0.735-13, 0.735-14,
and 0.735-15; and
[sbull] Appendices B and C.
These provisions are removed because they are superseded by
provisions in the Ethics Program that are codified at 5 CFR parts 2634
and 2635.
This final rule also modifies the authority citation for 15 CFR
part 0, and revises the language in 15 CFR section 0.735-2 to indicate
that employees should refer to the standards of ethical conduct,
financial disclosure, and other applicable regulations that are
codified in 5 CFR part 2635 and 5 CFR part 2634.
Any supplementary regulations necessary, for Department-specific
circumstances, may be promulgated in the future as provided by the
current Office of Government Ethics regulations.
Classification
Executive Order 12866
This action has been determined to be not significant for purposes
of Executive Order 12866.
Executive Order 13132
It has been determined that this action does not contain policies
with Federalism implications as that term is defined in Executive Order
13132.
Administrative Procedure Act
Pursuant to 5 U.S.C 553(b)(A) prior notice and an opportunity for
public comment are not required for this rule of agency organization,
management, and procedure. Further, this rule of agency organization,
management, and procedure is not a substantive rule subject to the 30-
day delay in effective date requirement of 5 U.S.C. 553(d).
Regulatory Flexibility Act
As this rule is not subject to the requirement to provide prior
notice and an opportunity for public comment pursuant to 5 U.S.C. 553,
or any other law, it is not subject to the analytical requirements of
the Regulatory Flexibility Act, 5 U.S.C. 601 et seq.
Paperwork Reduction Act
This rule does not contain or involve any information collection
requirements that require the approval of the Office of Management and
Budget pursuant to the Paperwork Reduction Act, 44 U.S.C. chapter 35.
List of Subjects 15 CFR Part 0
Administrative practice and procedure, Conflict of interests.
Theodore W. Kassinger,
General Counsel.
0
For the reasons set forth in the preamble, the Department of Commerce
is amending 15 CFR part 0 as follows:
PART 0--EMPLOYEE RESPONSIBILITIES AND CONDUCT
0
1. The authority citation for part 0 is revised to read as follows:
Authority: 5 U.S.C. 301, 7301, 7353; 5 U.S.C. App. (Ethics in
Government Act of 1978); 26 U.S.C. 7214(b); 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; 5 CFR part 2635.
0
2. Section 0.735-2 is revised to read as follows:
Sec. 0.735-2 Cross-references to ethical conduct, financial
disclosure, and other applicable regulations.
Employees of the Department of Commerce should refer to the
executive branch-wide Standards of Ethical Conduct at 5 CFR part 2635
and the executive branch-wide financial disclosure regulations at 5 CFR
part 2634
0
3. Subparts B and C are removed and reserved.
0
4. In Subpart D, Sec. Sec. 0.735.10a, 0.735-11, 0.735-12, 0.735-13,
0.735-14, 0.735-15 are removed and reserved.
0
5. Subpart E is removed and reserved.
0
6. Appendices B and C to part 0 are removed.
[FR Doc. 03-11490 Filed 5-8-03; 8:45 am]