[Federal Register Volume 68, Number 90 (Friday, May 9, 2003)]
[Rules and Regulations]
[Pages 24878-24879]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-11490]


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DEPARTMENT OF COMMERCE

Office of the Secretary

15 CFR Part 0

[Docket No.: 010926237-3101-02]
RIN 0690-AA32


Employee Responsibilities and Conduct; Removal of Obsolete 
Regulations

AGENCY: Office of the General Counsel, Department of Commerce.

ACTION: Final rule.

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[[Page 24879]]

SUMMARY: The Department of Commerce (the ``Department'') issues this 
final rule to revise and remove certain sections of the Commerce and 
Foreign Trade Regulation concerning the policies and procedures 
relating to employee responsibilities and conduct. The government-wide 
regulations of the Office of Government Ethics make these Department 
provisions obsolete.

EFFECTIVE DATE: May 9, 2003.

FOR FURTHER INFORMATION CONTACT: Chris Cox, Attorney-Advisor, telephone 
number: (202) 482-2442, fax: (202) 501-2295.

SUPPLEMENTARY INFORMATION: In August, 1992, the Office of Government 
Ethics promulgated the Executive Branch Financial Disclosure, Qualified 
Trusts, and Certificate of Divestiture regulations, 5 CFR part 2634, 
and the Standards of Ethical Conduct for Employees of the Executive 
Branch, 5 CFR part 2635. These regulations implemented the 
responsibilities and standards required by the 1978 Ethics in 
Government Act.
    This final rule removes the following provisions from the 
Department's internal conduct regulations codified at 15 CFR part 0:
    [sbull] Subparts B, C, and E;
    [sbull] Sections 0.735-10a, 0.735-11, 0.735-12, 0.735-13, 0.735-14, 
and 0.735-15; and
    [sbull] Appendices B and C.
    These provisions are removed because they are superseded by 
provisions in the Ethics Program that are codified at 5 CFR parts 2634 
and 2635.
    This final rule also modifies the authority citation for 15 CFR 
part 0, and revises the language in 15 CFR section 0.735-2 to indicate 
that employees should refer to the standards of ethical conduct, 
financial disclosure, and other applicable regulations that are 
codified in 5 CFR part 2635 and 5 CFR part 2634.
    Any supplementary regulations necessary, for Department-specific 
circumstances, may be promulgated in the future as provided by the 
current Office of Government Ethics regulations.

Classification

Executive Order 12866

    This action has been determined to be not significant for purposes 
of Executive Order 12866.

Executive Order 13132

    It has been determined that this action does not contain policies 
with Federalism implications as that term is defined in Executive Order 
13132.

Administrative Procedure Act

    Pursuant to 5 U.S.C 553(b)(A) prior notice and an opportunity for 
public comment are not required for this rule of agency organization, 
management, and procedure. Further, this rule of agency organization, 
management, and procedure is not a substantive rule subject to the 30-
day delay in effective date requirement of 5 U.S.C. 553(d).

Regulatory Flexibility Act

    As this rule is not subject to the requirement to provide prior 
notice and an opportunity for public comment pursuant to 5 U.S.C. 553, 
or any other law, it is not subject to the analytical requirements of 
the Regulatory Flexibility Act, 5 U.S.C. 601 et seq.

Paperwork Reduction Act

    This rule does not contain or involve any information collection 
requirements that require the approval of the Office of Management and 
Budget pursuant to the Paperwork Reduction Act, 44 U.S.C. chapter 35.

List of Subjects 15 CFR Part 0

    Administrative practice and procedure, Conflict of interests.

Theodore W. Kassinger,
General Counsel.

0
For the reasons set forth in the preamble, the Department of Commerce 
is amending 15 CFR part 0 as follows:

PART 0--EMPLOYEE RESPONSIBILITIES AND CONDUCT

0
1. The authority citation for part 0 is revised to read as follows:

    Authority: 5 U.S.C. 301, 7301, 7353; 5 U.S.C. App. (Ethics in 
Government Act of 1978); 26 U.S.C. 7214(b); 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 part 2635.

0
2. Section 0.735-2 is revised to read as follows:


Sec.  0.735-2  Cross-references to ethical conduct, financial 
disclosure, and other applicable regulations.

    Employees of the Department of Commerce should refer to the 
executive branch-wide Standards of Ethical Conduct at 5 CFR part 2635 
and the executive branch-wide financial disclosure regulations at 5 CFR 
part 2634

0
3. Subparts B and C are removed and reserved.

0
4. In Subpart D, Sec. Sec.  0.735.10a, 0.735-11, 0.735-12, 0.735-13, 
0.735-14, 0.735-15 are removed and reserved.

0
5. Subpart E is removed and reserved.

0
6. Appendices B and C to part 0 are removed.

[FR Doc. 03-11490 Filed 5-8-03; 8:45 am]
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