[Federal Register Volume 63, Number 17 (Tuesday, January 27, 1998)] [Proposed Rules] [Pages 3860-3861] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 98-1922] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF DEFENSE Department of the Navy 32 CFR Parts 721 and 722 Removal of Rules on Standards of Conduct and Reporting Procedures on Defense Related Employment AGENCY: Department of the Navy, DOD. ACTION: Final rule; removal. ----------------------------------------------------------------------- SUMMARY: The Department of the Navy (DON) is removing rules for employee standards of conduct and reporting procedures for defense- related employment (32 CFR Parts 721 and 722). Both rules have been superseded, and in that they no longer have any effect, are removed immediately. Providing for a comment period before final action in this case would be unnecessary, impracticable, and contrary to public interest. However, DON will accept and consider comments from interested persons in evaluating the effect of this action. DATES: Effective Date of Removal: January 27, 1998. Comment date: Comments on this removal action should be submitted in writing to the address shown below on or before March 30, 1998. ADDRESSES: Interested parties should submit written comments to Department of the Navy, Office of the Judge Advocate General, Administrative Law Division (Code 13), 200 Stovall Street, Alexandria, Virginia, 22332-2400. FOR FURTHER INFORMATION CONTACT: Lieutenant Commander Mike Quinn, (703) 604-8200. SUPPLEMENTARY INFORMATION: [[Page 3861]] A. Background On April 12, 1989, President Bush issued Executive Order (E.O.) 12674, ``Principles of Ethical Conduct for Government Officers and Employees.'' Section 201(a) of E.O. 12674 made the Office of Government Ethics (OGE) responsible for promulgating ``a single, comprehensive, and clear set of executive-branch standards of conduct that shall be objective, reasonable, and enforceable.'' The OGE issued uniform standards of ethical conduct for all employees of the executive branch, codified at 5 CFR Part 2635, on August 7, 1992 (57 FR 35006). These regulations became effective on February 3, 1993. Section 301(a) of E.O. 12674 allows agency heads to supplement, where necessary and appropriate, the OGE standards of conduct. The Secretary of Defense, in consultation and conjunction with the OGE, issued supplemental ethical rules applicable to all Department of Defense (DOD) Components in August 1993. These supplemental rules, codified in 32 CFR Parts 83 and 84, state that the DOD ``shall have a single source of standards of ethical conduct and ethics guidance, including direction in the areas of financial and employment disclosure systems, post-employment rules, enforcement, and training.'' See, 32 CFR 83.4(a) and 84.1(a). With promulgation of the OGE regulations and the DOD ``Joint Ethics Regulation,'' the DON's standards of conduct contained in 32 CFR part 721 have been completely superseded. The Secretary of the Navy formally cancelled the DON's standards of conduct instruction on April 11, 1997. For these reasons, the Navy is now removing and reserving 32 CFR part 721. Similarly, the rule contained in 32 CFR part 722 no longer has any meaning or effect. Part 722 contains requirements and procedures for the filing of form DD 1787 by certain present, former or retired DON personnel in reporting employment with DOD prime contractors. Authority for this rule was formerly found in 10 U.S.C. 2397. The National Defense Authorization Act for Fiscal Year 1997 (Pub. L. 104-106, Sec. 4304) repealed this statutory provision. The reporting requirement that this Part implements no longer exists. B. Determination to Remove Without Prior Public Comment This removal action is being issued as a final rule, without a public comment period, as an exception to the DON's standard practice of soliciting comments during the rulemaking process. Providing a period of public comment in this case would be unnecessary, impracticable, and contrary to the public interest. This determination is based on several factors. First, removal of these Parts is entirely administrative and corrective in nature, not requiring the exercise of agency discretion. Second, this action has already been substantially delayed, and further delay is unwarranted. Finally, to allow these Parts to remain in the Code of Federal Regulations any longer may mislead and confuse the public and past or present DON employees regarding applicable ethics rules and post-government employment reporting requirements. C. Matters of Regulatory Procedure Executive Order 12866, Regulatory Planning and Review Removal of these Parts does not meet the definition of ``significant regulatory action'' for purposes of E.O. 12866. Regulatory Flexibility Act Removal of these Parts will not have a significant economic impact on a substantial number of small entities for purposes of the Regulatory Flexibility Act (5 U.S.C. chapter 6). Paperwork Reduction Act Removal of these rules will not impose collection of information requirements for purposes of the Paperwork Reduction Act (44 U.S.C. chapter 35, 5 CFR Part 1320). List of Subjects 32 CFR Part 721 Conflict of interests, Government employees, Military personnel, Reporting and recordkeeping requirements. 32 CFR Part 722 Conflict of interests, Government contracts, Government employees, Military personnel, Reporting and recordkeeping requirements. PARTS 721 AND 722--[REMOVED AND RESERVED] Under the authority of Sec. 4304, Public Law 104-106, 110 Stat. 186, and E.O. 12674, and for the reasons set forth in the preamble, remove and reserve parts 721 and 722 of title 32 of the Code of Federal Regulations. Dated: January 13, 1998. Michael I. Quinn, Lieutenant Commander, Judge Advocate General's Corps, U.S. Navy, Federal Register Liaison Officer. [FR Doc. 98-1922 Filed 1-26-98; 8:45 am] BILLING CODE 3810-FF-P