[Federal Register Volume 67, Number 178 (Friday, September 13, 2002)]
[Rules and Regulations]
[Pages 57937-57938]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-23314]



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  Federal Register / Vol. 67, No. 178 / Friday, September 13, 2002 / 
Rules and Regulations  

[[Page 57937]]



OFFICE OF GOVERNMENT ETHICS

5 CFR Part 2634

RIN 3209-AA00


Technical Amendment to Executive Branch Regulation Governing the 
Reporting Period for Incumbent Public Financial Disclosure Reports

AGENCY: Office of Government Ethics (OGE).

ACTION: Final rule; technical amendment.

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SUMMARY: The Office of Government Ethics is issuing a final rule to 
amend the executive branchwide regulation that describes the reporting 
period for incumbent public financial disclosure reports to conform 
with the Ethics in Government Act, OGE regulations, and the report form 
instructions.

EFFECTIVE DATE: October 15, 2002.

FOR FURTHER INFORMATION CONTACT: Lorna A. Syme, Government Ethics 
Specialist, Program Services Division, Office of Government Ethics; 
Telephone: 202-208-8000, extension 1141; TDD: 202-208-8025; FAX: 202-
208-8039.

SUPPLEMENTARY INFORMATION: In this rulemaking, OGE is making a 
technical amendment to subpart C of its executive branchwide financial 
disclosure regulation codified at 5 CFR part 2634. Section 2634.308(a) 
of subpart C sets forth the reporting period for incumbent public 
financial disclosure reports, which shall be either the preceding 
calendar year or any portion of that year not already covered by a new 
entrant or nominee report. The Office of Government Ethics is revising 
this provision in order to eliminate the language which permits 
exclusion of any portion of the preceding calendar year already covered 
by a new entrant or nominee report, so that the reporting period 
conforms with the time periods specified in the Ethics in Government 
Act of 1978, 5 U.S.C. appendix, OGE regulations, and the instructions 
to the public financial disclosure report form (SF 278). The Office of 
Government Ethics believes that the change to the reporting period 
embodied in this technical amendment is consistent with its oversight 
responsibilities pursuant to the Ethics Act, as well as the applicable 
provisions (section 102(a) dealing with contents of reports) of the 
Act.

Matters of Regulatory Procedure

Administrative Procedure Act

    Pursuant to 5 U.S.C. 553(b) and (d), as Director of the Office of 
Government Ethics, I find good cause exists for waiving the general 
notice of proposed rulemaking and the opportunity for public comment as 
to this revision. The notice and comment are being waived because this 
technical amendment concerns matters of agency organization, practice 
and procedure, and it is in the public interest that the amendment take 
effect promptly.

Executive Order 12866

    In promulgating this technical amendment, OGE 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 amendment has not been reviewed by the Office of 
Management and Budget under the Executive order, since it is not deemed 
``significant'' thereunder.

Executive Order 12988

    As Director of the Office of Government Ethics, I have reviewed 
this final amendatory regulation in light of section 3 of Executive 
Order 12988, Civil Justice Reform, and certify that it meets the 
applicable standards provided therein.

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 rulemaking 
will not have a significant economic impact on a substantial number of 
small entities because it only affects executive branch public 
financial disclosure filers and the administration of the reporting 
system within executive branch agencies.

Paperwork Reduction Act

    The Paperwork Reduction Act (44 U.S.C. chapter 35) does not apply 
because this final rule technical amendment does not contain 
information collection requirements that require the approval of the 
Office of Management and Budget.

Unfunded Mandates Reform Act

    For purposes of the Unfunded Mandates Reform Act of 1995 (2 U.S.C. 
chapter 25, subchapter II), this rule will not significantly or 
uniquely affect small governments and will not result in increased 
expenditures by State, local, and tribal governments, in the aggregate, 
or by the private sector, of $100 million or more (as adjusted for 
inflation) in any one year.

Congressional Review Act

    The Office of Government Ethics has determined that this amendatory 
rulemaking is a nonmajor rule under the Congressional Review Act (5 
U.S.C. chapter 8) and has submitted a report thereon to the United 
States Senate, House of Representatives and General Accounting Office 
in accordance with that law.

List of Subjects in 5 CFR Part 2634

    Certificates of divestiture, Conflict of interests, Financial 
disclosure, Government employees, Penalties, Privacy, Reporting and 
recordkeeping requirements, Trusts and trustees.

    Approved: September 6, 2002.
Amy L. Comstock,
Director, Office of Government Ethics.

    For the reasons set forth in the preamble, the Office of Government 
Ethics is amending 5 CFR part 2634 as follows:

PART 2634--EXECUTIVE BRANCH FINANCIAL DISCLOSURE, QUALIFIED TRUSTS, 
AND CERTIFICATES OF DIVESTITURE

    1. The authority citation for part 2634 continues to read as 
follows:

    Authority: 5 U.S.C. App. (Ethics in Government Act of 1978); 26 
U.S.C. 1043; Pub. L. 101-410, 104 Stat. 890, 28 U.S.C. 2461 note 
(Federal Civil Penalties Inflation Adjustment Act of 1990), as 
amended by Sec. 31001, Pub. L. 104-134, 110 Stat. 1321 (Debt 
Collection Improvement Act of 1996); 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.

[[Page 57938]]

Subpart C--Contents of Reports

    2. Section 2634.308 is amended by revising paragraph (a) to read as 
follows:


Sec.  2634.308  Reporting periods and contents of public financial 
disclosure reports.

    (a) Incumbents. Each public financial disclosure report filed 
pursuant to Sec.  2634.201(a) shall include on the standard form 
prescribed by the Office of Government Ethics consistent with subpart F 
of this part and in accordance with instructions issued by that Office, 
a full and complete statement of the information required to be 
reported according to the provisions of subpart C of this part, for the 
preceding calendar year (except for Sec. Sec.  2634.303 and 2634.304, 
relating to transactions and gifts/reimbursements, for which the 
reporting period does not include any portion of the previous calendar 
year during which the filer was not a Federal employee), and in the 
case of Sec. Sec.  2634.306 and 2634.307, to include the additional 
period up to the date of filing.
* * * * *
[FR Doc. 02-23314 Filed 9-12-02; 8:45 am]
BILLING CODE 6345-01-P