[Federal Register Volume 68, Number 172 (Friday, September 5, 2003)]
[Rules and Regulations]
[Pages 52701-52703]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-22655]


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NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES

45 CFR Part 1105

RIN 3136-AA22


Repeal of Superseded and Redundant Regulations and Addition of 
Residual Cross-Reference Provision

AGENCIES: National Endowment for the Arts (NEA) and National Endowment 
for the Humanities (NEH).

ACTION: Interim rule, with request for comments.

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SUMMARY: The NEA and the NEH, acting together as the National 
Foundation on the Arts and the Humanities (the ``Foundation''), are 
amending regulations to repeal the Foundation's superseded and 
redundant old standards of conduct regulations and adding a residual 
cross-reference provision.

DATES: This interim rule takes effect on September 5, 2003. Comments 
are

[[Page 52702]]

invited and must be received by October 6, 2003.

ADDRESSES: Send comments to Karen Elias, Deputy General Counsel, 
National Endowment for the Arts, Room 518, 1100 Pennsylvania Avenue, 
NW., Washington, DC 20506 or Michael McDonald, Deputy General Counsel, 
National Endowment for the Humanities, Room 529, 1100 Pennsylvania 
Avenue, NW, Washington, DC 20506.

FOR FURTHER INFORMATION CONTACT: Karen Elias, Deputy General Counsel, 
National Endowment for the Arts, Room 518, 1100 Pennsylvania Avenue, 
NW., Washington, DC 20506. Telephone (202) 682-5418. Individuals who 
use a telecommunications device for the deaf (TDD) may contact the 
NEA's TDD terminal at (202) 682-5496 Voice/T.T. Michael McDonald, 
Deputy General Counsel, National Endowment for the Humanities, Room 
529, 1100 Pennsylvania Avenue, NW., Washington, DC 20506. Telephone 
(202) 606-8322; TDD (202) 606-8282 or (866) 372-2930.

SUPPLEMENTARY INFORMATION:

I. Background

    On August 7, 1992, the U.S. Office of Government Ethics (OGE) 
published in the Federal Register new Standards of Conduct for 
Employees of the Executive Branch (``Standards''). The Standards, as 
corrected and amended, are codified at 5 CFR part 2635 and generally 
became effective February 3, 1993. Those regulations established 
uniform standards of ethical conduct that apply to all executive branch 
personnel.
    The Foundation's old standards of conduct at 45 CFR part 1105 were 
applicable to employees at both the NEA and the NEH until they were 
superseded by the executive branchwide Standards at 5 CFR part 2635, 
and OGE's revised executive branch financial disclosure regulations at 
5 CFR part 2634, which became effective in 1992. The Foundation's 
superseded old conduct regulations and certain redundant provisions 
thereof are being removed and 45 CFR part 1105 is being revised to 
contain a cross-reference section to the NEA's new supplemental 
standards regulations and the NEH's new supplemental standards 
regulations, which are both being published in the Federal Register 
today in separate rulemaking documents, as well as to 5 CFR parts 2634 
and 2635, to 5 CFR part 2640, OGE's financial interest regulations, and 
to the employee responsibilities and conduct regulations at 5 CFR part 
735.

II. Repeal of the Foundation's Superseded and Redundant Employee 
Responsibilities and Conduct Regulations and Addition of a Residual 
Cross-Reference Provision

    The interim rule removes those provisions in the regulations at 45 
CFR part 1105 governing NEA and NEH employees' responsibilities and 
conduct that were superseded by the OGE Standards and by OGE's 
executive branch financial disclosure regulations at 5 CFR part 2634. 
While the Standards became effective on February 3, 1993, by operation 
of the prior note following 5 CFR 2635.803 of the regulations and prior 
appendix A to 5 CFR part 2635 (see January 1, 1997 edition of 5 CFR), 
the Foundation's regulation concerning prior approval of outside 
employment remained in effect until February 3, 1994, plus one year 
longer with respect to the NEH. See 59 FR 4779-4780 (February 2, 1994).
    The Foundation is also removing from 45 CFR part 1105 various 
sections that are unnecessary or redundant, in light of other 
regulations. Additionally, the Foundation has determined that the NEA 
and the NEH each are best suited to administer their own respective 
conduct-related regulations and to develop with OGE's concurrence any 
supplemental conduct regulations at their respective agencies.
    A residual provision is being added to 45 CFR part 1105 to cross-
reference the executive branchwide Standards at 5 CFR part 2635, the 
NEA's new supplemental standards of ethical conduct, the NEH's new 
supplemental standards of conduct, the executive branchwide regulations 
on financial disclosure and financial interests at 5 CFR parts 2634 and 
2640, and the branchwide employee responsibilities and conduct 
regulations at 5 CFR part 735.

III. Matters of Regulatory Procedure

Waiver of Proposed Rulemaking

    As Deputy General Counsel of the NEA and the Deputy General Counsel 
of NEH, acting together as the Foundation, we have found good cause 
pursuant to 5 U.S.C. 553(b) and (d)(3) for waiving, as necessary and 
contrary to public interest, the general notice of proposed rulemaking, 
the opportunity for advance public comment, and the 30-day delay in 
effectiveness as to this interim rule. The reason for this 
determination is that this rulemaking is related to the Foundation's, 
the NEA's and the NEH's organization, procedure and practice. 
Nonetheless, this is an interim rulemaking, with provision for a 30-day 
public comment period. The NEA and the NEH, acting together as the 
Foundation, will review all comments received during the comment period 
and will consider any modifications that appear appropriate in adopting 
this rule as final.

Regulatory Flexibility Act

    As Deputy General Counsel of the NEA and as the Deputy General 
Counsel of the NEH, acting together as the Foundation, we have 
determined under the Regulatory Flexibility Act (5 U.S.C. chapter 6) 
that this regulation will not have a significant economic impact on a 
substantial number of small entities because it only affects NEA and 
NEH employees.

Paperwork Reduction Act

    As Deputy General Counsel of the NEA and as the Deputy General 
Counsel of the NEH, acting together as the Foundation, we have 
determined that the Paperwork Reduction Act (44 U.S.C. chapter 35) does 
not apply because these regulations do not contain any information 
collection requirements that require approval by 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, or by the private 
sector, of $100 million or more (as adjusted for inflation) in any one 
year.

List of Subjects in 45 CFR Part 1105

    Conflict of interests, Government employees.

    Dated: August 13, 2003.
Karen Elias,
Deputy General Counsel, National Endowment for the Arts.
    Dated: August 13, 2003.
Michael McDonald,
Deputy General Counsel, National Endowment for the Humanities.

0
For the reasons set forth in the preamble, the National Foundation on 
the Arts and the Humanities, the National Endowment for the Arts and 
the National Endowment for the Humanities are revising 45 CFR part 1105 
to read as follows:

PART 1105--STANDARDS OF CONDUCT FOR EMPLOYEES

    Authority: 5 U.S.C. 7301.

[[Page 52703]]

Sec.  1105.1  Cross-reference to employee ethical conduct standards and 
financial disclosure and financial interests regulations.

0
Employees of the National Endowment for the Arts and the National 
Endowment for the Humanities are subject to the executive branchwide 
standards of ethical conduct at 5 CFR part 2635; the executive branch 
employees responsibilities and conduct regulations at 5 CFR part 735; 
the executive branch financial disclosure regulations at 5 CFR part 
2634, and the executive branch financial interests regulations at 5 CFR 
part 2640. Employees of the National Endowment for the Arts are also 
subject to that Agency's regulations at 5 CFR part 6501, which 
supplement the executive branchwide standards of conduct at 5 CFR part 
2635. Employees of the National Endowment for the Humanities are also 
subject to that Agency's regulations at 5 CFR part 6601, which 
supplement the executive branchwide standards of conduct at 5 CFR part 
2635.
[FR Doc. 03-22655 Filed 9-4-03; 8:45 am]
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