[Federal Register Volume 73, Number 115 (Friday, June 13, 2008)]
[Rules and Regulations]
[Pages 33727-33728]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-13171]


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COMMISSION ON CIVIL RIGHTS

45 CFR Part 706

RIN 3035-AA02


Employee Responsibilities and Conduct Residual Cross-References 
Regulation of the United States Commission on Civil Rights

AGENCY: U.S. Commission on Civil Rights.

ACTION: Final rule.

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SUMMARY: The United States Commission on Civil Rights (Commission) is 
repealing its old employee conduct regulations, which have been 
superseded by the executive branch Standards of Ethical Conduct, 
financial disclosure and financial interests regulations issued by the 
Office of Government Ethics (OGE). In place of its old regulations, the 
Commission is adding a section of residual cross-references to those 
branchwide regulations as well as its new supplemental standards 
regulations and certain executive branchwide conduct rules promulgated 
by the Office of Personnel Management (OPM). The text of the rule was 
published in the Federal Register on August 30, 2006 at 71 FR 51546 as 
a proposed rule and provided that comments should have been received by 
September 29, 2006 to be considered in the formulation of the final 
rule. No comments were received.

DATES: Effective Date: July 14, 2008.

FOR FURTHER INFORMATION CONTACT: Emma Monroig, Esq., Solicitor and 
Designated Agency Ethics Official, Office of the Staff Director, United 
States Commission on Civil Rights, 624 Ninth Street, NW., Suite 621, 
Washington, DC 20425; Telephone: (202) 376-7796; Facsimile: (202) 376-
1163.

SUPPLEMENTARY INFORMATION: In 1992, OGE issued a final rule setting 
forth uniform executive branch Standards of Ethical Conduct (generally 
effective on February 3, 1993) and an interim final rule on financial 
disclosure, and in 1996 issued a final rule on financial interests for 
executive branch departments and agencies of the Federal Government and 
their employees. Those three executive branchwide regulations, as 
corrected and amended, are codified at 5 CFR parts 2634, 2635 and 2640. 
Together those regulations have superseded the old Commission 
regulations, based on prior OPM standards, on employee responsibilities 
and conduct at 45 CFR part 706 which the Commission adopted in 1979. 
See 44 FR 75152, as revised in 2002 at 67 FR 70498. Accordingly, the 
Commission is removing its superseded regulations, and adds in place 
thereof, a new section containing residual crossreferences to the 
provisions at 5 CFR parts 2634, 2635 and 2640, as well as to the new 
Commission regulation supplementing the executive branchwide standards 
that is being separately published today elsewhere in this issue of the 
Federal Register for codification in a new chapter LXVIII of 5 CFR, to 
consist of part 7801 In addition, the Commission is including in its 
residual section a reference to the separate, specific executive 
branchwide provisions regarding gambling, safeguarding the examination 
process and conduct prejudicial to the Government which are set forth 
in 5 CFR part 735, as amended and reissued by OPM in 1992 and 2006. 
Those specific branchwide restrictions are not covered by OGE's 
Standards of Ethical Conduct regulation; furthermore, they are self-
executing and do not require any department or agency republication. In 
this final rule, the Commission is also correcting the prior proposed 
residual cross-references section citation to read 706.1''. Otherwise, 
the Commission is adopting its proposed residual regulation as final 
without change.

Matters of Regulatory Procedure

Executive Orders 12866 and 12988

    Because this rule relates to Commission personnel, it is exempt 
from the provisions of Executive Orders 12866 and 12988.

Regulatory Flexibility Act

    It has been determined under the Regulatory Flexibility Act (5 
U.S.C. chapter 6) that this rule does not have a significant economic 
impact on a substantial number of small entities because it primarily 
affects Commission employees.

Paperwork Reduction Act

    It has been determined that the Paperwork Reduction Act (44 U.S.C. 
chapter 35) does not apply to this rulemaking document because it does 
not contain any information collection requirements that require the 
approval of the Office of Management and Budget.

Congressional Review Act

    The Commission has determined that this rulemaking is not a rule as 
defined in 5 U.S.C. 804, and, thus, does not require review by 
Congress.

List of Subjects in 45 CFR Part 706

    Conflict of interests, Government employees.

    Dated: March 26, 2008.
Robert Lerner,
Assistant Staff Director for the Office of Civil Rights Evaluation, 
Delegated Duties of the Staff Director, United States Commission on 
Civil Rights.
    Dated: March 26, 2008.
Emma Monroig,
Solicitor and Designated Agency Ethics Official, United States 
Commission on Civil Rights.

0
For the reasons set forth in this preamble, the Commission is revising 
45 CFR part 706 to read as follows:

[[Page 33728]]

PART 706--EMPLOYEE RESPONSIBILITES AND CONDUCT

    Authority: 5 U.S.C. 7301; 42 U.S.C. 1975b(d).

Sec.  706.1  Cross-references to employee ethical conduct standards, 
financial disclosure and financial interests regulations and other 
conduct rules.

    Employees of the United States Commission on Civil Rights are 
subject to the executive branch standards of ethical conduct contained 
in 5 CFR part 2635, the Commission regulations at 5 CFR part 7801 which 
supplement the executive branchwide standards, the executive branch 
financial disclosure regulations contained in 5 CFR part 2634, and the 
executive branch financial interests regulations contained in 5 CFR 
part 2640, as well as the executive branch employee responsibilities 
and conduct regulations contained in 5 CFR part 735.

[FR Doc. E8-13171 Filed 6-12-08; 8:45 am]
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