[Federal Register Volume 63, Number 60 (Monday, March 30, 1998)]
[Rules and Regulations]
[Page 15268]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-8222]



[[Page 15267]]

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Part III





Department of Housing and Urban Development





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24 CFR Part 0



Standards of Conduct; Conforming Changes; Final Rule

  Federal Register / Vol. 63, No. 60 / Monday, March 30, 1998 / Rules 
and Regulations  

[[Page 15268]]



DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

24 CFR Part 0

[Docket No. FR-3331-F-05]
RIN 2501-AB55


Standards of Conduct; Conforming Changes

AGENCY: Office of the Secretary.

ACTION: Final rule.

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SUMMARY: This final rule removes Secs. 0.2 and 0.3 of 24 CFR, leaving 
only Sec. 0.1, which provides cross-references to the executive branch-
wide requirements at 5 CFR parts 2634 and 2635, and to the Department's 
supplemental regulation at 5 CFR part 7501. Sections 0.2 and 0.3 are 
redundant and unnecessary because they repeat requirements contained in 
5 CFR 7501.

DATES: Effective Date: April 29, 1998.

FOR FURTHER INFORMATION CONTACT: Aaron Santa Anna, Assistant General 
Counsel, Ethics Law Division, at (202) 708-3815, or Sam E. Hutchinson, 
Associate General Counsel, Office of Human Resources Law, (202) 708-
0888; 451 Seventh Street, SW, Washington, DC 20410. Hearing or speech-
impaired individuals may call HUD's TTY number (202) 708-3259. 
(Telephone numbers are not toll-free.)

SUPPLEMENTARY INFORMATION:

I. Background

    On April 5, 1996 (61 FR 15350), the Department published a final 
rule that provided for removal of all of the then-existing provisions 
in the Department's old Standards of Conduct regulation at 24 CFR part 
0, and their replacement with a single section that provides a cross-
reference to 5 CFR parts 2634 and 2635, effective May 6, 1996. To 
prevent an untimely lapse in enforcement authority for the two sections 
of 24 CFR part 0 that had temporarily remained in effect pursuant to an 
extended grace period in the Standards--Sec. 0.735-203 regarding 
outside employment and other activities, and Sec. 0.735-204 regarding 
financial interests--the Department published a correction to the final 
rule on May 1, 1996 (61 FR 19187), effective May 6, 1996, preserving 
those two sections at 24 CFR 0.2 and 0.3.
    On July 9, 1996 (61 FR 36246), HUD issued a final rule establishing 
uniform standards of ethical conduct at 5 CFR part 7501 for employees 
of the Department to supplement the Standards of Ethical Conduct for 
Employees of the Executive Branch issued by the Office of Government 
Ethics (OGE). The preamble to the July 9, 1996 rule stated that upon 
its effective date, the Department would amend 24 CFR part 0 to remove 
the temporarily preserved sections regarding outside employment 
(Sec. 0.2) and financial interests (Sec. 0.3). Accordingly, HUD is here 
removing its superseded Standards of Conduct at 24 CFR 0.2 and 0.3.

II. Findings and Certifications

Justification for Final Rulemaking

    In general, the Department publishes a rule for public comment 
before issuing a rule for effect, in accordance with its own 
regulations on rulemaking at 24 CFR part 10. However, part 10 does 
provide for exceptions from that general rule where the agency finds 
good cause to omit advance notice and public participation. The good 
cause requirement is satisfied when prior public procedure is 
``impracticable, unnecessary, or contrary to the public interest.'' (24 
CFR 10.1) The Department finds that good cause exists to publish this 
rule for effect without first soliciting public comment. Prior public 
procedure is unnecessary because this rule only makes a conforming 
change to 24 CFR part 0 to remove provisions that have been superseded 
by revised requirements at 5 CFR part 7501.

Regulatory Flexibility Act

    The Secretary in accordance with the Regulatory Flexibility Act (5 
U.S.C. 605(b)), has reviewed and approved this rule, and in so doing 
certifies that this rule would not have a significant economic impact 
on a substantial number of small entities because it would affect only 
Federal employees.

Environmental Impact

    In accordance with 40 CFR 1508.4 of the regulations of the Council 
on Environmental Quality and 24 CFR 50.19(c)(1) of the HUD regulations, 
the policies and procedures contained in this rule do not direct, 
provide for assistance or loan and mortgage insurance for, or otherwise 
govern or regulate property acquisition, disposition, lease, 
rehabilitation, alteration, demolition, or new construction, or set out 
or provide for standards for construction, or construction materials, 
manufactured housing or occupancy, and therefore, are categorically 
excluded from the requirements of the National Environmental Policy 
Act.

Executive Order 12612, Federalism

    The General Counsel, as the Designated Official under section 6(a) 
of Executive Order 12612, Federalism, has determined that the policies 
contained in this rule will not have substantial direct effects on 
States or their political subdivisions, or the relationship between the 
Federal Government and the states, or on the distribution of power and 
responsibilities among the various levels of government. Specifically, 
this rule is only directed toward Federal employees and would not alter 
the established roles of HUD and the States and local governments. As a 
result, the rule is not subject to review under the order.

List of Subjects in 24 CFR Part 0

    Administrative practice and procedure, Conflict of interests.

    Accordingly, for the reasons set forth in the preamble, the 
Department of Housing and Urban Development is amending title 24 of the 
Code of Federal Regulations by revising part 0, to read as follows:

PART 0--STANDARDS OF CONDUCT

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

    Authority: 5 U.S.C. 7301; 42 U.S.C. 3535(d).


Secs. 0.2 and 0.3  [Removed]

    2. Sections 0.2 and 0.3 are removed.

    Dated: March 23, 1998.
Andrew M. Cuomo,
Secretary.
[FR Doc. 98-8222 Filed 3-27-98; 8:45 am]
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