[Federal Register Volume 59, Number 22 (Wednesday, February 2, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-2289]

Federal Register / Vol. 59, No. 22 / Wednesday, February 2, 1994 /

[[Page Unknown]]

[Federal Register: February 2, 1994]

                                                    VOL. 59, NO. 22

                                        Wednesday, February 2, 1994


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superseded once the executive branch-wide standards took effect on 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 

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'' 

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 

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:


    1. The authority citation for part 2635 continues to read as 

    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 

Appendix A to Part 2635--Agencies Entitled to Additional One-Year Grace 
Period Extension Pursuant to Notes Following Secs. 2635.403(a) and 

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
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
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]