[Federal Register Volume 63, Number 196 (Friday, October 9, 1998)]
[Rules and Regulations]
[Pages 54354-54355]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-27217]


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ADVISORY COUNCIL ON HISTORIC PRESERVATION

36 CFR Part 811


Employee Responsibilities and Conduct; Removal of Superseded 
Regulations and Addition of Residual Cross-References

AGENCY: Advisory Council on Historic Preservation (Council).

ACTION: Final rule.

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SUMMARY: The Advisory Council on Historic Preservation is repealing its 
superseded old agency employee conduct regulations, which have been 
replaced by the executive branch-wide Standards of Ethical Conduct, 
financial disclosure and financial interests regulations issued by the 
Office of Government Ethics (OGE). In place of its old conduct 
regulations, the Council is adding a section of residual cross-
references to those new provisions as well as to certain executive 
branch-wide conduct rules promulgated by the Office of Personnel 
Management (OPM).

EFFECTIVE DATE: November 9, 1998.

FOR FURTHER INFORMATION CONTACT: John M. Fowler, Designated Agency 
Ethics Official, Advisory Council on Historic Preservation, Suite 809, 
1100 Pennsylvania Avenue, NW., Washington, DC 20004; telephone: 202-
606-8503; FAX: 202-606-8647.

SUPPLEMENTARY INFORMATION: In 1992, OGE issued a final rule setting 
forth uniform Standards of Ethical Conduct and an interim final rule on 
financial

[[Page 54355]]

disclosure, and in 1996 issued a final rule on financial interests for 
executive branch departments and agencies of the Federal Government and 
their employees. Those three executive branch-wide regulations, as 
corrected and amended, are codified at 5 CFR Parts 2634, 2635 and 2640. 
Together those regulations have superseded the old Council regulations 
on employee responsibilities and conduct, which have been codified at 
36 CFR Part 811 (and were based on prior OPM standards). Accordingly, 
the Council is removing its superseded regulations and adding in place 
thereof a new section containing residual cross-references to the new 
provisions at 5 CFR Parts 2634, 2635 and 2640. In addition, the Council 
is including in that section a reference to the specific executive 
branch-wide restrictions on gambling, safeguarding the examination 
process and conduct prejudicial to the Government which are set forth 
in 5 CFR Part 735, as issued by OPM in 1992.

Matters of Regulatory Procedure

Administrative Procedure Act

    As Executive Director of the Advisory Council on Historic 
Preservation (Council), I have found good cause, pursuant to 5 U.S.C. 
553(a) (2) and (b), for waiving the notice of proposed rulemaking and 
opportunity for public comment as to this final rule. The notice and 
public comment provisions are being waived because it is in the public 
interest that this rule, which concerns matters of agency organization, 
management and personnel and merely reflects for Council employees the 
current regulatory structure for ethical conduct standards, financial 
disclosure and financial interests, become effective as soon as 
possible.

Executive Order 12866

    The Council is exempt from compliance with Executive Order 12866 
pursuant to implementing guidance issued by the Office of Management 
and Budget's Office of Information and Regulatory Affairs in a 
memorandum dated October 12, 1993. However, in promulgating this final 
rule, the Council nevertheless has adhered to the regulatory philosophy 
and the applicable principles of regulation set forth in Executive 
Order 12866. This final rule deals with agency organization, 
management, and personnel matters and is not in any event deemed 
``significant'' thereunder.

Regulatory Flexibility Act

    As Executive Director of the Council, I have determined under the 
Regulatory Flexibility Act (5 U.S.C. Chapter 6) that this final rule 
will not have a significant economic impact on a substantial number of 
small entities because it primarily affects Council employees.

Paperwork Reduction Act

    As Executive Director of the Council, I have determined that the 
Paperwork Reduction Act (44 U.S.C. Chapter 35) does not apply to this 
final rule, because it does not contain any information collection 
requirements that require the approval of the Office of Management and 
Budget.

List of Subjects in 36 CFR Part 811

    Conflict of interests, Government employees.
John M. Fowler,
Executive Director.
    For the reasons set forth in the preamble, the Advisory Council on 
Historic Preservation is revising 36 CFR Part 811 to read as follows:

PART 811--EMPLOYEE RESPONSIBILITIES AND CONDUCT


Sec. 811.1  Cross-references to employees' ethical conduct standards, 
financial disclosure and financial interests regulations and other 
conduct rules.

    Employees of the Advisory Council on Historic Preservation are 
subject to the executive branch-wide standards of ethical conduct, 
financial disclosure and financial interests regulations at 5 CFR Parts 
2634, 2635 and 2640, as well as the executive branch-wide employee 
responsibilities and conduct regulations at 5 CFR Part 735.

    Authority: 5 U.S.C. 7301 and 16 U.S.C. 470, as amended.

[FR Doc. 98-27217 Filed 10-8-98; 8:45 am]
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