[Federal Register Volume 68, Number 222 (Tuesday, November 18, 2003)]
[Rules and Regulations]
[Pages 64979-64980]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-28690]
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Rules and Regulations
Federal Register
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Federal Register / Vol. 68, No. 222 / Tuesday, November 18, 2003 /
Rules and Regulations
[[Page 64979]]
DEPARTMENT OF DEFENSE
Office of the Secretary
5 CFR Part 3601
RINS DoD 0790-AH74; OGE 3209-AA15
Supplemental Standards of Ethical Conduct for Employees of the
Department of Defense
AGENCY: Department of Defense (DoD).
ACTION: Interim rule; amendments.
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SUMMARY: The Department of Defense, with the concurrence of the Office
of Government Ethics (OGE), amends the Supplemental Standards of
Ethical Conduct for Employees of the Department of Defense to reflect
certain administrative changes as a result of DoD reorganizations, as
well as to add a component.
EFFECTIVE DATE: These amendments are effective November 18, 2003.
FOR FURTHER INFORMATION CONTACT: Ms. Gail Mason, Standards of Conduct
Office, DoD; Telephone: 703-697-5305; Facsimile: 703-697-1640.
SUPPLEMENTARY INFORMATION:
I. Background
On September 10, 1993, with the concurrence and co-signature of
OGE, DoD published an interim rule (part 3601 of title 5, CFR)
establishing supplemental standards of ethical conduct for employees of
DoD (58 FR 47622). The Armed Services Board of Contract Appeals (ASBCA)
was not included on the list of separate DoD components at Sec.
3601.102 at that time. On March 25, 1996, DoD added the ASBCA to
paragraph 2-203.a. of DoD 5500.7-R, the Joint Ethics Regulation (JER).
This amendatory rulemaking adds the ASBCA to the list of components. In
the interim, the name of the Defense Investigative Service was changed
to the Defense Security Service; the Defense Mapping Agency was
reconstituted into the National Imagery and Mapping Agency; and the
Defense Nuclear Agency was reorganized as the Defense Threat Reduction
Agency. Therefore, DoD is updating the listing of these components in
this amendatory rulemaking.
II. Matters of Regulatory Procedure
Administrative Procedure Act
As Deputy Secretary of Defense, I have found good cause, pursuant
to 5 U.S.C. 553(a)(2), (b) and (d), for waiving the notice of proposed
rulemaking, opportunity for public comment, and 30-day delayed
effective date as to these interim rule amendments. The notice, comment
and delayed effective date are being waived because it is in the public
interest that this amendatory rule, which concerns matters of agency
organization, management, and personnel, become effective as soon as
possible.
Executive Order 12866, ``Regulatory Planning and Review''
It has been determined that these amendments to 5 CFR part 3601 do
not constitute a significant regulatory action. The amendatory rule
does not: (1) Have an annual effect on the economy of $100 million or
more or adversely affect in a material way the economy, a sector of the
economy, productivity, competition, jobs, the environment, public
health or safety, or State, local, or tribal governments or
communities; (2) create a serious inconsistency or otherwise interfere
with an action taken or planned by another agency; (3) materially alter
the budgetary impact of entitlements, grants, user fees, or loan
programs, or the rights and obligations of the recipients thereof; or
(4) raise novel legal or policy issues arising out of legal mandates,
the President's priorities, or the principles set forth in this
Executive Order.
Unfunded Mandates Reform Act (Sec. 202, Pub. L. 104-4)
It has been certified that these amendments to 5 CFR part 3601 do
not contain a Federal Mandate that may result in the expenditure by
State, local and tribal governments, in aggregate, or by the private
sector, of $100 million or more in any one year.
Public Law 96-354, ``Regulatory Flexibility Act'' (5 U.S.C. 601)
It has been determined that this amendatory rule is not subject to
the Regulatory Flexibility Act (5 U.S.C. 601) because it would not, if
promulgated, have a significant economic impact on a substantial number
of small entities. This rule does not economically impact Federal
Government relations with the private sector.
Public Law 96-511, ``Paperwork Reduction Act'' (44 U.S.C. Chapter 35)
It has been certified that these amendments to 5 CFR part 3601 do
not impose any reporting or recordkeeping requirements under the
Paperwork Reduction Act of 1995 (44 U.S.C. chapter 35).
Federalism (Executive Order 13132)
It has been certified that 5 CFR part 3601 does not have federalism
implications, as set forth in Executive Order 13132. This rule does not
have substantial direct effects on: (1) The States; (2) The
relationship between the National Government and the States; or (3) The
distribution of power and responsibilities among the various levels of
government.
List of Subjects in 5 CFR Part 3601
Conflict of interests; Executive Branch Standards of Conduct;
Government employees.
Dated: October 29, 2003.
Paul D. Wolfowitz,
Deputy Secretary of Defense, Department of Defense.
Approved: November 4, 2003.
Amy L. Comstock,
Director, Office of Government Ethics.
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Accordingly, for the reasons set forth in the preamble, the Department
of Defense, with the concurrence of the Office of Government Ethics, is
amending 5 CFR part 3601 as follows:
PART 3601--SUPPLEMENTAL STANDARDS OF ETHICAL CONDUCT FOR EMPLOYEES
OF THE DEPARTMENT OF DEFENSE
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1. The authority citation for 5 CFR part 3601 continues to read as
follows:
Authority: 5 U.S.C. 301, 7301, 7351, 7353; 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
[[Page 64980]]
2635.105, 2635.203(a), 2635.204(k), 2635.803.
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2. Section 3601.102 is amended by:
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a. Redesignating paragraphs (a)(1) through (a)(15) as paragraphs (a)(2)
through (a)(16).
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b. Adding a new paragraph (a)(1); and
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c. Revising newly redesignated paragraphs (a)(10), (a)(11), (a)(12),
and (a)(13).
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The addition and revisions read as follows:
Sec. 3601.102 Designation of separate agency components.
(a) * * *
(1) Armed Services Board of Contract Appeals;
* * * * *
(10) Defense Logistics Agency;
(11) Defense Security Service;
(12) Defense Threat Reduction Agency;
(13) National Imagery and Mapping Agency;
* * * * *
[FR Doc. 03-28690 Filed 11-17-03; 8:45 am]
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