[Federal Register Volume 66, Number 228 (Tuesday, November 27, 2001)]
[Rules and Regulations]
[Pages 59135-59136]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-29424]

Rules and Regulations
                                                Federal Register

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Federal Register / Vol. 66, No. 228 / Tuesday, November 27, 2001 / 
Rules and Regulations

[[Page 59135]]


5 CFR Part 6901

RINs 2700-AC45, 3209-AA15

Supplemental Standards of Ethical Conduct for Employees of the 
National Aeronautics and Space Administration

AGENCY: National Aeronautics and Space Administration (NASA).

ACTION: Final rule; amendment.


SUMMARY: NASA, with the concurrence of the Office of Government Ethics 
(OGE), is amending its supplemental standards of ethical conduct to 
remove the designations of officials authorized to perform ethics-
related functions. In a separate rulemaking, NASA is adding revised 
designations to its 14 CFR part 1207 conduct regulations.

EFFECTIVE DATE: November 27, 2001.

ADDRESSES: Code GG, NASA Headquarters, Washington, DC 20546-0001.

FOR FURTHER INFORMATION CONTACT: Laurie P. Rafferty, Senior Ethics 
Attorney, NASA Headquarters, (202) 358-2028.


I. Background

    Section 2635.105 of 5 CFR authorizes executive branch agencies, 
with the concurrence of OGE, to publish supplemental regulations 
necessary to implement their respective ethics programs. In 1994, NASA, 
with OGE's concurrence, established supplemental standards of ethical 
conduct for NASA employees. See 59 FR 49335-49338 (Sept. 28, 1994), as 
codified at 5 CFR part 6901. At the same time, NASA repealed much of 
its preexisting Standards of Conduct regulation at 14 CFR part 1207, 
and limited its coverage to conflict of interest waiver procedures 
under 18 U.S.C. 208 and post-employment procedures under 18 U.S.C. 
    NASA, with OGE's concurrence, now amends its supplemental standards 
of conduct by removing (and reserving) Sec. 6901.102, which contains 
the designations of NASA officials authorized to make ethics-related 
determinations. These internal NASA designations are better covered in 
NASA's conduct regulations at 14 CFR part 1207. By separate publication 
in the Federal Register, NASA is issuing amended designations at new 
Sec. 1207.103 of 14 CFR. Moreover, in this rulemaking NASA is 
correcting a miscitation in the authority citation of the supplemental 

II. Matters of Regulatory Procedure

Administrative Procedure Act

    Pursuant to 5 U.S.C. 553(a)(2), (b), and (d), NASA has determined 
that good cause exists for waiving the regular notice of proposed 
rulemaking, opportunity for public comments, and 30-day delayed 
effective date for this final rule amendment. This action is being 
taken because it is in the public interest that this rule, which 
concerns matters of agency management, personnel, organization, 
practice and procedure, be effective on the date of publication.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), NASA has 
considered whether this rule would have a significant economic impact 
on a substantial number of small entities. The term ``small entities'' 
comprises small businesses, not-for-profit organizations that are 
independently owned and operated and are not dominant in their fields, 
and governmental jurisdictions with populations of less than 50,000. 
Pursuant to 5 U.S.C. 605(b), NASA certifies that this rule will not 
have a significant economic impact on a substantial number of small 
entities because the rule only affects the operations of NASA and its 
employees. Accordingly, no regulatory flexibility analysis is required.

Executive Order 12866 Determination

    This rule is not a ``significant regulatory action'' under section 
3(f) of Executive Order 12866, Regulatory Planning and Review, is not 
subject to review under section 3(d) of that Order because it is 
limited to NASA's organization, management and/or personnel matters, 
and does not require an assessment of potential costs and benefits 
under section 6(a)(3) of that Order. The Office of Management and 
Budget has not reviewed it under that Order.

Collection of Information

    This rule calls for no new collection of information under the 
Paperwork Reduction Act (44 U.S.C. 3501-3520).


    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on State or local 
governments and would either preempt State law or impose a substantial 
direct cost of compliance on them. NASA has analyzed this rule under 
that Order and has determined that it does not have implications for 

Unfunded Mandates Reform Act

    Title II of the Unfunded Mandates Reform Act of 1995 (2 U.S.C. 
1531-1538) requires Federal agencies to assess the effects of their 
discretionary regulatory actions. NASA has determined that the rule 
will not result in expenditures by State, local, or tribal governments 
or by the private sector of $100 million or more. The rule affects only 
the internal organization of NASA. Accordingly, NASA has not prepared a 
budgetary impact statement or specifically addressed regulatory 

List of Subjects in 5 CFR Part 6901

    Conflict of interests, Ethical conduct, Government employees, 
Organization and functions (Government agencies).

    Dated: November 5, 2001.
Daniel S. Goldin,
Administrator, National Aeronautics and Space Administration.

    Approved: November 9, 2001.
Amy L. Comstock,
Director, Office of Government Ethics

    For the reasons discussed in the preamble, NASA, with the 
concurrence of OGE, amends 5 CFR part 6901 as follows:

[[Page 59136]]


    1. The authority citation for part 6901 is revised to read as 

    Authority: 5 U.S.C. 7301; 5 U.S.C. App. (Ethics in Government 
Act of 1978); 42 U.S.C. 2473(c)(1); 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; 5 CFR 2635.105, 2635.403(a), 2635.802(a), 

Sec. 6901.102  [Removed and Reserved]

    2. Section Sec. 6901.102 is removed and reserved.
[FR Doc. 01-29424 Filed 11-26-01; 8:45 am]