[Federal Register Volume 64, Number 220 (Tuesday, November 16, 1999)]
[Rules and Regulations]
[Pages 62112-62113]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-29658]


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DEPARTMENT OF THE TREASURY

31 CFR Part 18


Agency Organization: Vacancy, Disability, and Absence

AGENCY: Office of the Secretary of the Treasury, Department of the 
Treasury.

ACTION: Final rule.

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SUMMARY: This final rule establishes regulations concerning the 
functions and duties of certain offices within the Department of the 
Treasury in case of absence, disability, or vacancy. The rule is 
consistent with sections 3345 through 3349d of title 5, United States 
Code, as amended by the Federal Vacancies Reform Act of 1998. Currently 
codified at 31 CFR Part 18 are temporary regulations relating to the 
tax treatment of the Conrail public sale. Although the temporary 
regulations are no longer needed and are being replaced by the 
regulation in this document, the temporary regulations continue to 
apply to transactions that occurred while they were effective.

EFFECTIVE DATE: November 16, 1999.

FOR FURTHER INFORMATION CONTACT: Randolph B. Sim, Attorney Adviser, 
Office of the Assistant General Counsel (General Law and Ethics), 
Department of the Treasury, Washington, DC 20220, (202) 622-0450 (not a 
toll-free call).

SUPPLEMENTARY INFORMATION: Section 3345 of title 5, United States Code, 
provides that when an officer whose appointment is required to be made 
by the President, by and with the advice and consent of the Senate 
(``PAS Office''), dies, resigns, or is otherwise unable to perform the 
functions and duties of the office, the first assistant to the office 
of such officer (``First Assistant'') may perform temporarily the 
functions and duties of the PAS Office. The rule authorizes the 
Secretary to establish for each office within the Department of the 
Treasury (including its bureaus) to which appointment is required to be 
made by the President with the advice and consent of the Senate a First 
Assistant within the meaning of 5 U.S.C. 3345-3349d. If there is a 
principal deputy to the PAS Office, that official is the First 
Assistant. If there is no position with the title ``principal deputy,'' 
but there is one, and only one, deputy position to the PAS Office 
(which deputy may have a different title, such as Deputy Director), 
that deputy is the First Assistant. If there is no position which 
qualifies as First Assistant under these tests, the Secretary may 
designate a First Assistant. Consistent with 5 U.S.C. 3347, the rule 
does not apply to certain specified offices or if a statute prescribes 
another means for authorizing an officer or employee to perform the 
functions and duties of a PAS Office temporarily in an acting capacity.
    This rule shall not affect the filing of vacancies that occurred 
prior to the effective date of the Federal Vacancies Reform Act of 
1998.
    Because this rule relates to agency management and personnel, it is 
not subject to notice and public procedure or to a delayed effective 
date pursuant to 5 U.S.C. 553(a)(2). Because no notice of proposed 
rulemaking is required, the provisions of the Regulatory Flexibility 
Act (5 U.S.C. 601 et seq.) do not apply. This document is not a 
significant regulatory action for purposes of Executive Order 12866.

List of Subjects in 31 CFR Part 18

    Government employees, Organization and functions (Government 
agencies).
    Accordingly, part 18 of title 31 of the Code of Federal Regulations 
is revised to read as follows:

PART 18--OFFICIALS DESIGNATED TO PERFORM THE FUNCTIONS AND DUTIES 
OF CERTAIN OFFICES IN CASE OF ABSENCE, DISABILITY, OR VACANCY

Sec.
18.1  Designation of First Assistants.
18.2  Exceptions.

    Authority: 5 U.S.C. 301; 31 U.S.C. 321.


Sec. 18.1  Designation of First Assistants.

    Except as provided in Sec. 18.2, every office within the Department 
of the Treasury (including its bureaus) to which appointment is 
required to be made by the President with the advice and consent of the 
Senate (``PAS Office'') may have a First Assistant within the meaning 
of 5 U.S.C. 3345-3349d.
    (a) Where there is a position of principal deputy to the PAS 
Office, the principal deputy shall be the First Assistant.
    (b) Where there is only one deputy position to the PAS Office, the 
official in that position shall be the First Assistant.
    (c) Where neither paragraph (a) nor (b) of this section is 
applicable to the PAS Office, the Secretary of the Treasury may 
designate in writing the First Assistant.


Sec. 18.2  Exceptions.

    (a) Section 18.1 shall not apply:
    (1) When a statute which meets the requirements of 5 U.S.C. 3347(a) 
prescribes another means for authorizing an officer or employee to 
perform the functions and duties of a PAS Office in the Department 
temporarily in an acting capacity; and
    (2) To the office of a member of the Internal Revenue Service 
Oversight Board.
    (b) The Inspector General of the Department of the Treasury shall 
determine any arrangements for the temporary performance of the 
functions and duties of the Inspector General of the Department of the 
Treasury when that office is vacant.
    (c) The Treasury Inspector General for Tax Administration shall 
determine any arrangements for the temporary performance of the 
functions and duties of the Treasury Inspector General for

[[Page 62113]]

Tax Administration when that office is vacant.

    Dated: November 4, 1999.
Lawrence H. Summers,
Secretary of the Treasury.
[FR Doc. 99-29658 Filed 11-15-99; 8:45 am]
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