[Federal Register: February 2, 1994] VOL. 59, NO. 22 Wednesday, February 2, 1994 ======================================================================= ----------------------------------------------------------------------- OFFICE OF GOVERNMENT ETHICS 5 CFR Part 2635 RINs 3209-AA04, 3209-AA15 Additional Grace Period Extension for Certain Existing Agency Standards of Conduct AGENCY: Office of Government Ethics (OGE). ACTION: Final rule; technical amendment. ----------------------------------------------------------------------- SUMMARY: The Office of Government Ethics is granting an additional grandfathering grace period extension for up to one year for certain existing executive agency standards of conduct, dealing with financial interest prohibitions and prior approval for outside employment/ activities, which have been temporarily preserved. This action is necessary because many agencies have not been able to develop, with OGE concurrence, supplemental regulations for such provisions during the first one-year grace period. This additional extension will help ensure that concerned agencies have adequate time to issue successor regulatory provisions to replace the restrictions noted. EFFECTIVE DATE: February 2, 1994. FOR FURTHER INFORMATION CONTACT: William E. Gressman, Office of Government Ethics, telephone: 202-523-5757, FAX: 202-523-6325. SUPPLEMENTARY INFORMATION: The Office of Government Ethics (OGE) is granting under the executive branch standards of ethical conduct an additional extension of time for up to one year, until February 3, 1995, for certain agencies' existing conduct standards dealing with prohibited financial interests and prior approval for outside employment and activities. When OGE published its ethical conduct standards for executive branch employees in the Federal Register on August 7, 1992 (as now codified at 5 CFR part 2635), it provided, by means of notes following 5 CFR 2635.403(a) and 2635.803, that although most existing individual agency standards of conduct would be superseded once the executive branch-wide standards took effect on February 3, 1993, existing agency standards dealing with the two types of restrictions noted above would be preserved for one year (until February 3, 1994) or until the agency concerned issued a supplemental regulation, whichever occurred first. See 57 FR 35006-35067, as corrected at 57 FR 48557 and 52583. Various executive branch departments and agencies have expressed an interest in developing supplemental regulations involving one or both of these types of provisions. Through OGE's liaison efforts, the Office of the Federal Register has assigned new chapters and parts at the end of title 5 of the Code of Federal Regulations to accommodate these agencies' future supplemental standards regulations (on these two and other appropriate subject areas), as well as any supplemental agency regulations under OGE's executive branch-wide financial disclosure provisions at 5 CFR part 2634. However, although some of the agencies have, with OGE concurrence, issued interim final or final supplemental regulations, many have not yet had the time to finalize their planned supplemental regulations. The Office of Government Ethics has therefore determined to permit preservation of existing agency standards setting forth financial interest prohibitions and outside employment/activities prior approval requirements for up to one more year, until February 3, 1995 (or until issuance by each agency of its supplemental regulation, whichever comes first), while the concerned agencies continue to work to promulgate their new provisions in these two areas. The agencies subject to this additional grandfathering grace period extension are enumerated at new appendix A, which is being added to 5 CFR part 2635, in the order of the assignment of chapter numbers at the end of 5 CFR. Agencies not listed either have not expressed an interest in issuing supplemental agency regulations pursuant to 5 CFR 2635.105 (or 5 CFR 2634.103) or have already issued final or interim final supplemental regulations. For agencies not listed in appendix A, the initial grace period for any existing standards of conduct financial interest prohibitions and prior approval for outside employment/activities expires on February 3, 1994. Administrative Procedure Act Pursuant to 5 U.S.C. 553 (b) and (d), as Director of the Office of Government Ethics, I find good cause exists for waiving the general notice of proposed rulemaking and 30-day delay in effectiveness as to this grace period extension. The notice and delayed effective date are being waived because this rulemaking concerns a matter of agency organization, practice and procedure and because it is in the public interest that those agencies concerned have adequate time to promulgate successor provisions to their existing standards of conduct regulations in these two areas, while preserving existing restrictions in the meantime. Executive Order 12866 In promulgating this grace period extension technical amendment, the Office of Government Ethics 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 amendment has not been reviewed by the Office of Management and Budget under that Executive order, as it is not deemed ``significant'' thereunder. Regulatory Flexibility Act As Director of the Office of Government Ethics, I certify under the Regulatory Flexibility Act (5 U.S.C. chapter 6) that this rulemaking will not have a significant economic impact on a substantial number of small entities. Paperwork Reduction Act The Paperwork Reduction Act (44 U.S.C. chapter 35) does not apply because this rulemaking does not contain information collection requirements that require the approval of the Office of Management and Budget. List of Subjects in 5 CFR Part 2635 Conflict of interests, Government employees. Approved: January 27, 1994. Stephen D. Potts, Director, Office of Government Ethics. Accordingly, the Office of Government Ethics pursuant to its authority under title IV of the Ethics in Government Act is amending 5 CFR part 2635 as follows: PART 2635--[AMENDED] 1. The authority citation for part 2635 continues to read as follows: Authority: 5 U.S.C. 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. 2. The notes following both Secs. 2635.403(a) and 2635.803 are amended by adding a new sentence at the end to read as follows: Note: * * * Provided, that for those agencies listed in appendix A to this part, the grace period for any such existing provisions shall be extended for an additional year until February 3, 1995 (for a total of two years after the effective date of this part) or until issuance by each individual agency concerned of a supplemental regulation, whichever occurs first. 3. A new appendix A is added at the end of part 2635 to read as follows: Appendix A to Part 2635--Agencies Entitled to Additional One-Year Grace Period Extension Pursuant to Notes Following Secs. 2635.403(a) and 2635.803 1. Department of the Treasury 2. Federal Deposit Insurance Corporation 3. Department of Energy 4. Federal Energy Regulatory Commission 5. Department of the Interior 6. Department of Commerce 7. Department of Justice 8. Federal Communications Commission 9. Department of Veterans Affairs 10. Farm Credit Administration 11. ACTION 12. Securities and Exchange Commission 13. Office of Personnel Management 14. Thrift Depositor Protection Oversight Board 15. United States Information Agency 16. Occupational Safety and Health Review Commission 17. Department of State 18. Department of Labor 19. National Science Foundation 20. Small Business Administration 21. Department of Health and Human Services 22. Nuclear Regulatory Commission 23. Federal Labor Relations Authority 24. Department of Transportation 25. Pension Benefit Guaranty Corporation 26. Export-Import Bank of the United States 27. Department of Education 28. Environmental Protection Agency 29. Committee for Purchase from People Who Are Blind or Severely Disabled 30. National Transportation Safety Board 31. General Services Administration 32. Board of Governors of the Federal Reserve System 33. National Aeronautics and Space Administration 34. United States Postal Service 35. National Labor Relations Board 36. Equal Employment Opportunity Commission 37. Inter-American Foundation 38. Resolution Trust Corporation 39. Department of Housing and Urban Development 40. National Archives and Records Administration 41. Peace Corps 42. Federal Maritime Commission 43. Tennessee Valley Authority 44. Defense Nuclear Facilities Safety Board 45. Consumer Product Safety Commission 46. Executive Office of the President 47. Department of Agriculture 48. Federal Mine Safety and Health Review Commission 49. National Endowment for the Humanities 50. Federal Retirement Thrift Investment Board 51. Office of Management and Budget 52. Agency for International Development [FR Doc. 94-2289 Filed 2-1-94; 8:45 am] BILLING CODE 6345-01-U