[Federal Register Volume 62, Number 156 (Wednesday, August 13, 1997)]
[Rules and Regulations]
[Page 43269]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-21379]



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 Rules and Regulations
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  Federal Register / Vol. 62, No. 156 / Wednesday, August 13, 1997 / 
Rules and Regulations  

[[Page 43269]]


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ENVIRONMENTAL PROTECTION AGENCY

5 CFR Chapter LIV

40 CFR Part 3

[FRL-5870-7]


Revocation of Obsolete Employee Responsibilities and Conduct 
Rules

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency is revoking the remaining 
provisions of its residual Employee Responsibilities and Conduct 
regulation. These provisions, which are no longer needed, merely cross-
reference the Government-wide and EPA Standards of Ethical Conduct at 5 
CFR parts 2634, 2635, and 6401 and set forth EPA's old regulatory 
conflict of interest waivers which have now been superseded by Office 
of Government Ethics Government-wide regulatory waivers.

EFFECTIVE DATE: August 13, 1997.

FOR FURTHER INFORMATION CONTACT: Donnell L. Nantkes, Office of General 
Counsel (2311), Environmental Protection Agency, 401 M Street, SW., 
Washington, DC 20460, (202) 260-4556.

SUPPLEMENTARY INFORMATION:

I. Background

    Most of the former provisions of 40 CFR part 3 were removed when 
the Environmental Protection Agency, with the concurrence of the Office 
of Government Ethics, published its Supplemental Standards of Ethical 
Conduct for Employees of the Environmental Protection Agency on August 
2, 1996 at 61 FR 40500. (Most of these provisions had previously been 
superseded when the Office of Government Ethics' ``Standards of Ethical 
Conduct for Employees of the Executive Branch,'' as now codified at 5 
CFR part 2635, became generally effective on February 3, 1993.) The 
only provisions of 40 CFR part 3, as revised in the EPA rulemaking last 
August, which remained in effect were new 40 CFR 3.100 and new 
redesignated 40 CFR 3.101. These provisions cross-referenced the 
Government-wide and EPA Standards of Ethical Conduct at 5 CFR parts 
2634, 2635, and 6401 and retained EPA's regulatory waivers of 
previously designated 40 CFR 3.301(b) pending publication of 
Government-wide regulatory waivers by the Office of Government Ethics. 
These Government-wide waivers, which OGE published on December 18, 1996 
at 61 FR 66830, as corrected at 62 FR 1361 and 23127, revised 5 CFR 
part 2640 to establish Government-wide regulatory waivers of the 
conflict of interest provisions of 18 U.S.C. 208(a) as authorized by 18 
U.S.C. 208(b)(2) and provided that, as of January 17, 1997, regulatory 
waivers issued by individual agencies would no longer be effective.
    The regulatory waivers at 40 CFR. 3.101 have been superseded by the 
Government-wide regulatory waivers, and the cross-referencing provision 
of 40 CFR 3.100 is not sufficiently important to justify its retention. 
Therefore, EPA is removing 40 CFR part 3.

III. Matters of Regulatory Procedure

Executive Order 12866

    In issuing this rule, EPA 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 regulation 
has not been reviewed by the Office of Management and Budget under that 
Executive order, as it deals with agency organization, management, and 
personnel matters and is not, in any event, deemed ``significant'' 
thereunder.

Paperwork Reduction Act

    EPA has determined that the Paperwork Reduction Act (44 U.S.C. 
chapter 35) does not apply because the proposed regulation does not 
contain any information collection requirements that require the 
approval of the Office of Management and Budget.

Administrative Procedure Act

    EPA has found that good cause exists under 5 U.S.C. 553(b)(3) (A), 
(B) and (d)(3) for waiving, as unnecessary and contrary to the public 
interest, the general notice of proposed rulemaking and the 30-day 
delay in effectiveness as to these rules and revocations. This 
rulemaking is related solely to EPA's organization, procedure, and 
practice. Further, this regulation merely eliminates provisions which 
have been superseded in any event and should therefore become effective 
immediately.

List of Subjects in 40 CFR Part 3

    Environmental protection, Conflict of interests, Government 
employees.

    Dated: July 30, 1997.
Carol M. Browner,
Administrator, Environmental Protection Agency.

    For the reasons set forth in the preamble, the Environmental 
Protection Agency is removing part 3 of title 40 of the Code of Federal 
Regulations in accordance with its authority at 5 U.S.C. 7301.

[FR Doc. 97-21379 Filed 8-12-97; 8:45 am]
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