[Federal Register Volume 67, Number 179 (Monday, September 16, 2002)]
[Rules and Regulations]
[Page 58319]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-23489]



 ========================================================================
 Rules and Regulations
                                                 Federal Register
 ________________________________________________________________________
 
 This section of the FEDERAL REGISTER contains regulatory documents 
 having general applicability and legal effect, most of which are keyed 
 to and codified in the Code of Federal Regulations, which is published 
 under 50 titles pursuant to 44 U.S.C. 1510.
 
 The Code of Federal Regulations is sold by the Superintendent of Documents. 
 Prices of new books are listed in the first FEDERAL REGISTER issue of each 
 week.
 
 ========================================================================
 

  Federal Register / Vol. 67, No. 179 / Monday, September 16, 2002 / 
Rules and Regulations  

[[Page 58319]]



DEPARTMENT OF AGRICULTURE

5 CFR Part 8301

RIN 3209-AA15


Supplemental Standards of Ethical Conduct for Employees of the 
Department of Agriculture

AGENCY: Department of Agriculture (USDA).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Department of Agriculture, with the concurrence of the 
Office of Government Ethics (OGE), amends the Supplemental Standards of 
Ethical Conduct for Employees of the Department of Agriculture 
(Supplement) to comply with section 5321 of the Farm Security and Rural 
Investment Act of 2002, Public Law 107-171, by removing a provision 
that is no longer effective.

EFFECTIVE DATE: These regulations are effective September 16, 2002.

FOR FURTHER INFORMATION CONTACT: Raymond J. Sheehan, Director, Office 
of Ethics, U.S. Department of Agriculture, Room 348-W--Stop 0122, 1400 
Independence Avenue, SW., Washington, DC 20250-0122, telephone (202) 
720-2251.

SUPPLEMENTARY INFORMATION:

I. Background

    On October 2, 2000, with the concurrence and co-signature of OGE, 
USDA published its final rule establishing supplemental standards of 
ethical conduct for employees of USDA (65 FR 58635-58638). Section 
8301.103 addressed additional rules applicable to employees of the Farm 
Service Agency (FSA). Paragraph (c) of Sec.  8301.103 prohibited FSA 
employees and spouses and minor children of FSA employees from seeking 
directly or indirectly a ``direct loan'' under paragraph (a)(9) of 
section 33 of the Consolidated Farm and Rural Development Act (CFRDA), 
7 U.S.C. 1991(a)(9). On May 13, 2002, President Bush signed into Public 
Law 107-171, the Farm Security and Rural Investment Act of 2002 (Act). 
Section 5321 of the Act amended Subtitle D of the CFRDA by adding 
section 377 which states that the Secretary of Agriculture ``shall not 
prohibit,'' inter alia, ``an employee of the Department of Agriculture 
from obtaining a loan or loan guarantee'' under the CFRDA. This 
provision, in essence, provides that Federal employees of the 
Department of Agriculture, including employees of FSA, may now obtain 
FSA direct loans that have been prohibited under paragraph (c) of Sec.  
8301.103 of the Supplement. Pursuant to section 5321 of the Act, that 
regulatory paragraph is null and void. Therefore, the USDA is removing 
it in this amendatory rulemaking which redesignates the following 
paragraphs of Sec.  8301.103.

II. Matters of Regulatory Procedure

Administrative Procedure Act

    As the amendment is required in order to comply with an express, 
specific mandate of Congress, notice of proposed rulemaking is 
unnecessary.

Congressional Review

    The Department has found that this rulemaking is not a rule as 
defined in 5 U.S.C. 804, and, thus, does not require review by 
Congress. This rulemaking is related to Department personnel.

Executive Orders Nos. 12866 and 12988

    Since this rule relates to Department personnel, it is exempt from 
the provisions of Executive Orders Nos. 12866 and 12988.

Regulatory Flexibility Act

    The Department has determined under the Regulatory Flexibility Act 
(5 U.S.C. 601 et seq.) that this regulation will not have a significant 
economic impact on a substantial number of small entities because it 
affects only Department employees and their immediate families.

Paperwork Reduction Act

    The Department has determined that the Paperwork Reduction Act (44 
U.S.C. chapter 35) does not apply because this regulation does not 
contain any information collection requirements that require the 
approval of the Office of Management and Budget.

Environmental Impact

    This decision will not have a significant impact upon the quality 
of the human environment or the conservation of energy resources.

List of Subjects in 5 CFR Part 8301

    Conflict of interests, Ethics, Executive branch standards of 
conduct, Government employees.

    Dated: August 29, 2002.
Ann M. Veneman,
Secretary of Agriculture.
    Approved: September 9, 2002.
Amy L. Comstock,
Director, Office of Government Ethics.


    For the reasons set forth in the preamble, Part 8301 of title 5 of 
the Code of Federal Regulations is amended as follows:

PART 8301--SUPPLEMENTAL STANDARDS OF ETHICAL CONDUCT FOR EMPLOYEES 
OF THE DEPARTMENT OF AGRICULTURE

    1. The authority citation for part 8301 continues to read as 
follows:

    Authority: 5 U.S.C. 301, 7301; 5 U.S.C. App. (Ethics in 
Government Act of 1978); 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), 2635.803.


    2. Section 8301.103 is amended by:
    a. Removing paragraph (c);
    b. Redesignating paragraphs (d) through (f) as paragraphs (c) 
through (e), respectively;
    c. Removing the paragraph reference to ``(d)(1)'' in the text of 
redesignated paragraph (c)(2) and adding the paragraph reference 
``(c)(1)'' in its place;
    d. Removing the paragraph reference to ``(e)(2)'' in the text of 
redesignated paragraph (d)(1) and adding the paragraph reference 
``(d)(2)'' in its place; and
    e. Paragraph reference to ``(e)(1)'' in the introductory text of 
redesignated paragraph (d)(2) and in the redesignated paragraph 
(d)(2)(ii) and adding the paragraph reference ``(d)(1)'' in their place 
in each instance.

[FR Doc. 02-23489 Filed 9-13-02; 8:45 am]
BILLING CODE 3410-01-M