[Federal Register Volume 62, Number 189 (Tuesday, September 30, 1997)]
[Rules and Regulations]
[Pages 51051-51052]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-25853]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 0 and 1

[DA 97-1994]


Commission Organization and Agency Practice and Procedure

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: The Federal Communications Commission is amending part 1 of 
the Commission's Rules to remove specific references which are either 
superseded by the Office of Government Ethics' regulations or which are 
rendered obsolete because there is no equivalent language in the 
revised statute. The Commission is also amending part 0 to correct an 
oversight in the functions of the Managing Director and authority 
delegated to the General Counsel to clarify that the Designated Agency 
Ethics Official is responsible for making determinations concerning 
waivers of section 4(b) of the Communications Act and the Federal 
conflict of interest statutes.

EFFECTIVE DATE: September 30, 1997.

FOR FURTHER INFORMATION CONTACT: Sharon B. Kelley, Office of General 
Counsel, (202) 418-1720.

SUPPLEMENTARY INFORMATION:

    Adopted: September 15, 1997.
    Released: September 16, 1997.

    1. The rule changes below remove from part 1 of the Commission's 
rules on Commission Practice and Procedure specific references to 18 
U.S.C. Sec. 207 which are either superseded by the Office of Government 
Ethics' (OGE's) regulations found at 5 CFR 2641, or rendered obsolete 
because there is no equivalent language in revised 18 U.S.C. Sec. 207.
    2. There have been several significant amendments to 18 U.S.C. 
Sec. 207. Under the Ethics Reform Act of 1989, Public Law 101-194 
(1989), sections 207 (g) and (j) were removed. A subsequent amendment 
to section 207(c)(2)(A)(ii) substituted ''level 5 of the Senior 
Executive Service'' for ``level 5 of the Executive Schedule'' and an 
amendment to section 207(j) provided an additional exception from the 
one-year bar found at 18 U.S.C. Secs. 207 (c) and (d) for certain 
political activity by senior Federal employees. OGE Reauthorization Act 
of 1996, Public Law 104-179, Secs. 5, 6 (1996). Because the references 
to section 207 contained in part 0 of the Commission's rules have been 
superseded by OGE regulations or made obsolete by subsequent changes to 
section 207, we are removing them herein.
    3. In compliance with the OGE's new government-wide Standards of 
Ethical Conduct (5 CFR 2635), on July 20, 1994, the Commission adopted 
an Order delegating authority to the General Counsel to assume the 
responsibilities of serving as the Commission's Designated Agency 
Ethics Official (DAEO). 59 FR 39703 (August 4, 1994), 9 FCC Rcd. 3596 
(1994); 5 CFR 2638.201-2638.202; 47 CFR 0.251(a). Although 
determinations concerning waivers of the applicability of section 4(b) 
of the Communications Act and the Federal conflict of interest statutes 
(i.e., 18 U.S.C. Secs. 203, 205 and 208) fall within the broad 
delegated authority given to the DAEO, see 5 CFR 2638.201, 
corresponding revisions were not made to the functions of the Office of 
the Managing Director and authority delegated to the General Counsel in 
part 0 of the Commission's rules. 47 CFR 0.11(a) (9)and 0.251. To 
correct this oversight, we are amending these sections to reflect that 
the DAEO is responsible for making determinations concerning waivers of 
section 4(b) of the Communications Act and the Federal conflict of 
interest statutes.
    4. The revisions adopted in this Order apply to internal rules of 
agency personnel organization, management, practice and procedure for 
which notice and comment is not required. 5 U.S.C. Secs. 553 (a)(2), 
(b)(3)(A) and (d).
    5. Accordingly, effective upon publication in the Federal Register, 
parts 0 and 1 of the Commission's rules, as set forth below, pursuant 
to the authority contained in sections 4(i), 5(c) and 303(r) of the 
Communications Act, 47 U.S.C. Secs. 154(i), 155(c) and 303(r), and 
section 0.231(b) of the Commission's regulations, 47 CFR 0.231(b).

[[Page 51052]]

List of Subjects

47 CFR Part 0

    Commission Organization.

47 CFR Part 1

    Practice and Procedure.

Federal Communications Commission.
Andrew S. Fishel,
Managing Director.

Rule Changes

    Parts 0 and 1 of Title 47 of the Code of Federal Regulations are 
amended as follows:

PART 0--COMMISSION ORGANIZATION

    1. The authority citation for part 0 continues to read as follows:

    Authority: Secs. 5, 48 Stat. 1068, as amended; 47 U.S.C. 155.


Sec. 0.11  Functions of the office.

    2. In Sec. 0.11, remove and reserve paragraph (a)(9).


Sec. 0.231  Authority delegated.

    3. In Sec. 0.231, remove and reserve paragraphs (c) and (f).


Sec. 0.251  Authority delegated.

    4. In Sec. 0.251, add new paragraph (i) to read as follows:
* * * * *
    (i) The General Counsel is delegated authority to make 
determinations regarding and waive the applicability of section 4(b) of 
the Communications Act (47 U.S.C. Sec. 154(b)) and the Federal conflict 
of interest statutes (18 U.S.C. Secs. 203, 205 and 208).

PART 1--PRACTICE AND PROCEDURE

    5. The authority citation for part 1 continues to read as follows:

    Authority: 47 U.S.C. 151, 154, 207, 303 and 309(j) unless 
otherwise noted.


Sec. 1.25  [Removed and Reserved]

    6. Section 1.25 is removed and reserved.


Sec. 1.28  [Removed and Reserved]

    7. Section 1.28 is removed and reserved.


Sec. 1.29  [Removed and Reserved]

    8. Section 1.29 is removed and reserved.

[FR Doc. 97-25853 Filed 9-29-97; 8:45 am]
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