[Federal Register Volume 72, Number 166 (Tuesday, August 28, 2007)]
[Rules and Regulations]
[Pages 49127-49128]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-16940]

Rules and Regulations
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Federal Register / Vol. 72, No. 166 / Tuesday, August 28, 2007 / 
Rules and Regulations

[[Page 49127]]


5 CFR Part 2604

RIN 3209-AA37

Technical Amendments to Office of Government Ethics Freedom of 
Information Act Regulation: Designations Under E.O. 13392 and Updates 
to Contact Numbers and Addition of E-Mail Address

AGENCY: Office of Government Ethics (OGE).

ACTION: Final rule; technical amendments.


SUMMARY: The Office of Government Ethics is amending its Freedom of 
Information Act (FOIA) regulation to indicate certain designations 
under Executive Order 13392 on FOIA improvement and to provide updated 
OGE contact numbers and an E-mail address for FOIA requests.

DATES: Effective Date: August 28, 2007.

FOR FURTHER INFORMATION CONTACT: William E. Gressman, Senior Associate 
General Counsel, Office of Government Ethics, telephone: 202-482-9245; 
TDD: 202-482-9293; FAX: 202-482-9237.

SUPPLEMENTARY INFORMATION: The Office of Government Ethics is amending 
its FOIA regulation to indicate certain designations under Executive 
Order 13392 of December 14, 2005 on Improving Agency Disclosure of 
Information, to update telephone and contact numbers, and to add OGE's 
e-mail address for FOIA requesters who want to send their requests 

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, opportunity for public comment and 30-
day delay in effectiveness as to these amendments. The notice, comment 
and delayed effective date provisions are being waived because these 
technical FOIA regulation amendments concern matters of agency 
organization, practice and procedure.

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 technically amends designation and 
contact portions of OGE's FOIA rules.

Paperwork Reduction Act

    The Paperwork Reduction Act (44 U.S.C. chapter 35) does not apply 
because this amendatory rulemaking 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, or by the private 
sector, of $100 million or more (as adjusted for inflation) in any one 

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 will submit a report thereon to the U.S. Senate, 
House of Representatives and Government Accountability Office in 
accordance with that law when the rule is transmitted to the Office of 
the Federal Register for publication.

Executive Order 12866

    In promulgating these technical amendments, 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. These amendments have not been reviewed by the Office of 
Management and Budget under that Executive order, since they are 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.

List of Subjects in 5 CFR Part 2604

    Administrative practice and procedure, Archives and records, 
Confidential business information, Conflict of interests, Freedom of 
information, Government employees.

    Approved: August 21, 2007.
Robert I. Cusick,
Director, Office of Government Ethics.

Accordingly, the Office of Government Ethics, pursuant to its authority 
under the Ethics in Government Act and the Freedom of Information Act, 
is amending 5 CFR part 2604 as follows:


1. The authority citation for part 2604 is revised to read as follows:

    Authority: 5 U.S.C. 552; 5 U.S.C. App. (Ethics in Government Act 
of 1978); E.O. 12600, 52 FR 23781, 3 CFR, 1987 Comp., p. 235; E.O. 
13392, 70 FR 75373, 3 CFR, 2005 Comp., p. 216.

2. Section 2604.103 is amended by adding in alphabetical order 
definitions for ``Chief FOIA Officer,'' ``FOIA Requester Service 
Center,'' and ``FOIA Public Liaison'' to read as follows:

Sec.  2604.103  Definitions.

* * * * *
    Chief FOIA Officer means the OGE official, the OGE Deputy General 
Counsel, designated under E.O. 13392 to provide oversight of all of 
OGE's FOIA program operations.
* * * * *
    FOIA Public Liaison means the OGE official, the OGE FOIA Officer, 
designated under E.O. 13392 to review upon request any concerns of FOIA 
requesters about the service received from OGE's FOIA Requester Service

[[Page 49128]]

Center and to address any other FOIA-related inquiries.
    FOIA Requester Service Center means the OGE unit designated under 
E.O. 13392 to answer any questions requesters have about the status of 
OGE's processing of their FOIA requests. The Center may be contacted at 
telephone number: 202-482-9210 (TDD: 202-482-9293).
* * * * *

Sec.  2604.201  [Amended]

3. Section 2604.201(a)(1) is amended by removing the phrase ``telephone 
at 202-208-8000 or FAX 202-208-8037,'' in the second sentence and 
adding in its place the phrase ``telephone: 202-482-9300, TDD: 202-482-
9293, or FAX: 202-482-9237,''.

Sec.  2604.301  [Amended]

4. In Sec.  2604.301(a), the first sentence is amended by:
A. Removing the phrase ``telephone, 202-208-8000, or FAX, 202-208-
8037,'' and adding in its place the phrase ``telephone: 202-482-9300, 
TDD: 202-482-9293, or FAX: 202-482-9237,''; and
B. By adding between the ZIP Code ``20005-3917'' and the word ``or'' 
the phrase ``, by E-mail: [email protected],''.

Sec.  2604.602  [Amended]

5. Section 2604.602(b) is amended by adding between the words 
``guidance'' and ``and'' the phrase ``, including regarding Executive 
Order 13392 (Improving Agency Disclosure of Information),''.

[FR Doc. E7-16940 Filed 8-27-07; 8:45 am]