[Federal Register Volume 64, Number 24 (Friday, February 5, 1999)]
[Rules and Regulations]
[Pages 5709-5710]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-2711]



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 Rules and Regulations
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  Federal Register / Vol. 64, No. 24 / Friday, February 5, 1999 / Rules 
and Regulations  

[[Page 5709]]


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OFFICE OF GOVERNMENT ETHICS

5 CFR Part 2641

RIN 3209-AA07


Post-Employment Conflict of Interest Restrictions; Revision of 
Departmental Component Designations

AGENCY: Office of Government Ethics (OGE).

ACTION: Final rule.

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SUMMARY: The Office of Government Ethics is issuing this rule to 
designate a departmental component, to correct the name of an existing 
component, and to revoke an existing component designation for purposes 
of a statutory post-employment conflict of interest restriction.

EFFECTIVE DATES: The amendments to appendix B to part 2641, as set 
forth in amendatory instruction 2, are effective February 5, 1999. The 
removal of a component designation from appendix B to part 2641, as set 
forth in amendatory instruction 3, is effective May 6, 1999.

FOR FURTHER INFORMATION CONTACT: Julia Loring Eirinberg, Office of 
General Counsel and Legal Policy, Office of Government Ethics; 
telephone: 202-208-8000, extension 1108; TDD: 202-208-8025; FAX: 202-
208-8037.

SUPPLEMENTARY INFORMATION:

A. Substantive Discussion

    The Director of OGE is authorized by 18 U.S.C. 207(h) to designate 
distinct and separate departmental or agency components in the 
executive branch for purposes of 18 U.S.C. 207(c). The representational 
bar of 18 U.S.C. 207(c) usually extends to the whole of any department 
or agency in which a former senior employee served in any capacity 
during the year prior to termination from a senior employee position. 
However, eligible senior employees may be permitted to communicate to 
or appear before parts of their former department or agency if one or 
more components of the department or agency have been designated as 
separate agencies or bureaus by OGE.
    As specified in 5 CFR 2641.201(e)(3)(iii), the Director of OGE 
``shall by rule make or revoke a component designation after 
considering the recommendation of the designated agency ethics 
official.'' Component designations are listed in appendix B of this 
part 2641. Pursuant to the procedures prescribed in 5 CFR 2641.201(e), 
two departments have forwarded letters to OGE requesting the amendment 
of appendix B since it was last revised in 1997 (62 FR 26915-26918 (May 
16, 1997), as corrected at 62 FR 31865 (June 11, 1997)). After 
carefully reviewing these requests in light of the criteria in 18 
U.S.C. 207(h) as implemented in 5 CFR 2641.201(e)(6), I have determined 
to revise appendix B as requested.
    As requested by the Department of Defense (DOD), I am revoking the 
designation of the Defense Special Weapons Agency as a distinct and 
separate component of DOD because the agency has recently been 
disestablished. I am replacing the designation with a component which 
is, in large part, the successor component to that agency. The new 
component, the Defense Threat Reduction Agency, has replaced selected 
elements of the Office of the Secretary of Defense, the Defense Special 
Weapons Agency, the On-Site Inspection Agency, and the Defense 
Technology Security Administration. In addition, I am revising the 
listing for the Department of the Treasury to correct the name of the 
Financial Management Service. That entry has incorrectly referred to 
the Financial Management Center.
    As indicated in 5 CFR 2641.201(e)(4), a designation ``shall be 
effective as of the effective date of the rule that creates the 
designation, but shall not be effective as to employees who terminated 
senior service prior to that date.'' Initial designations were 
effective as of January 1, 1991. The effective date of subsequent 
designations is indicated by means of parenthetical entries in appendix 
B. The new component designation and the correction made by this 
rulemaking document are effective February 5, 1999. As also provided in 
5 CFR 2641.201(e)(4), a revocation is effective 90 days after the 
effective date of the rule that revokes the designation. Accordingly, 
the component designation revocation made in this rulemaking will take 
effect May 6, 1999. Revocations are not effective as to any individual 
terminating senior service prior to the expiration of the 90-day 
period.

B. Matters of Regulatory Procedure

Administrative Procedure Act

    Pursuant to 5 U.S.C. 553, as the Director of OGE, I find that good 
cause exists for waiving the general requirements for notice of 
proposed rulemaking, opportunity for public comment, and a 30-day 
delayed effective date. It is important that the designation or 
revocation by OGE of separate departmental or agency components be 
published in the Federal Register as promptly as possible. Furthermore, 
since this rule is interpretive in nature, it is exempt from the 
notice, comment, and delayed effectiveness requirements of 5 U.S.C. 
553.

Executive Order 12866

    In promulgating this final rule, the Office of Government Ethics 
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 rule has not been reviewed by the 
Office of Management and Budget under that Executive order since it 
deals with agency organization, management, and personnel matters and 
is not ``significant'' under the order.

Regulatory Flexibility Act

    As Director of the Office of Government Ethics, I certify under the 
Regulatory Flexibility Act (5 U.S.C. chapter 6) that this rule will not 
have a significant economic impact on a substantial number of entities 
because it affects only Federal departments and agencies and current 
and former Federal employees.

Paperwork Reduction Act

    The Paperwork Reduction Act (44 U.S.C. chapter 35) does not apply 
to this rule because it does not contain information collection 
requirements that

[[Page 5710]]

require the approval of the Office of Management and Budget.

List of Subjects in 5 CFR Part 2641

    Conflict of interests, Government employees.

    Approved: January 29, 1999.
Stephen D. Potts,
Director, Office of Government Ethics.

    Accordingly, for the reasons set forth in the preamble, the Office 
of Government Ethics is amending part 2641 of subchapter B of chapter 
XVI of title 5 of the Code of Federal Regulations as follows:

PART 2641--[AMENDED]

    1. The authority citation for part 2641 continues to read as 
follows:

    Authority: 5 U.S.C. App. (Ethics in Government Act of 1978); 18 
U.S.C. 207; E.O. 12674, 54 FR 15159, 3 CFR, 1989 Comp., p. 215, as 
modified by E.O. 12731, 55 FR 42547, 3 CFR, 1990 Comp., p. 306.

    2. Effective February 5, 1999, appendix B to part 2641 is amended 
by revising the listings for the Department of Defense and the 
Department of the Treasury to read as follows:

Appendix B to Part 2641--Agency Components for Purposes of 18 
U.S.C. 207(c)

* * * * *

Parent: Department of Defense

Components:
    Department of the Air Force
    Department of the Army
    Department of the Navy
    Defense Information Systems Agency
    Defense Intelligence Agency
    Defense Logistics Agency
    Defense Special Weapons Agency (effective May 16, 1997; expiring 
May 6, 1999)
    Defense Threat Reduction Agency (effective February 5, 1999)
    National Imagery and Mapping Agency (effective May 16, 1997)
    National Security Agency
* * * * *

Parent: Department of the Treasury

Components:
    Bureau of Alcohol, Tobacco and Firearms
    Bureau of Engraving and Printing
    Bureau of the Mint
    Bureau of the Public Debt
    Comptroller of the Currency
    Federal Law Enforcement Training Center
    Financial Management Service
    Internal Revenue Service
    Office of Thrift Supervision
    United States Customs Service
    United States Secret Service

    3. Effective May 6, 1999, appendix B to part 2641 is further 
amended by removing the Defense Special Weapons Agency from the listing 
for the Department of Defense.

[FR Doc. 99-2711 Filed 2-4-99; 8:45 am]
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