[Federal Register Volume 76, Number 224 (Monday, November 21, 2011)]
[Rules and Regulations]
[Pages 71909-71910]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-29835]


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NATIONAL TRANSPORTATION SAFETY BOARD

49 CFR Part 805


Notice of Rescission of Certain Regulations

AGENCY: National Transportation Safety Board (NTSB).

ACTION: Final rule.

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SUMMARY: The NTSB's regulations on Employee Responsibilities and 
Conduct, located at 49 CFR part 805 (part 805), have been superseded by 
regulations of the Office of Government Ethics (OGE) issued pursuant to 
the provisions of the Ethics in Government Act of 1978, as

[[Page 71910]]

amended, and codified at 5 CFR parts 2634 and 2635. Accordingly, the 
NTSB is rescinding part 805 in its entirety.

DATES: Effective Date: November 21, 2011.

FOR FURTHER INFORMATION CONTACT: William C. Love, NTSB Designated 
Agency Ethics Official, 490 L'Enfant Plaza East SW., Washington, DC 
20594; telephone (202) 314-6088; email [email protected].

SUPPLEMENTARY INFORMATION:

Background

    In 1989, the President's Commission on Federal Ethics Law Reform 
recommended that individual agency standards of conduct be replaced 
with a single regulation applicable to all employees of the executive 
branch. Acting upon that recommendation, President Bush signed 
Executive Order 12674 on April 12, 1989, which was subsequently 
modified and restated by Executive Order 12731 (Executive Order), 
signed by President Bush on October 17, 1990. Section 201(a) of the 
Executive Order required the OGE to promulgate regulations that 
``establish a single, comprehensive, and clear set of executive-branch 
standards of conduct''. Accordingly, OGE published a final rule 
entitled ``Standards of Ethical Conduct for Employees of the Executive 
Branch'' (Standards) on August 7, 1992, with an effective date of 
February 3, 1993. The Standards, as amended, are codified at 5 CFR part 
2635, and established uniform standards of ethical conduct applicable 
to all executive branch personnel.
    Upon the effective date of the Standards, the NTSB's regulations 
contained in part 805, which relate to employee responsibilities and 
conduct, were superseded.

Rescission and Reservation

    By this notice, the NTSB rescinds part 805 in its entirety, 
reserving such part for future use. The regulations contained in part 
805 deal with employee responsibilities and conduct, and have been 
superseded by the Standards or by 5 CFR part 2634.

Administrative Procedure Act

    The rescission of part 805 is exempt from the notice and comment 
procedure normally required by the Administrative Procedure Act. See 5 
U.S.C. 553(a). Notice and comment before the effective date are being 
waived because this rule concerns matters of agency organization, 
practice and procedure.

Executive Orders 12866 and 12988

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

Regulatory Flexibility Act

    The NTSB has determined, pursuant to the Regulatory Flexibility 
Act, 5 U.S.C. chapter 6, that this rescission will not have a 
significant economic impact on a substantial number of small entities 
because it only affects NTSB employees.

Paperwork Reduction Act

    The Paperwork Reduction Act, 44 U.S.C. chapter 35, does not apply 
to this rescission because it does not involve any collection of 
information subject to the approval of the Office of Management and 
Budget.

Congressional Review Act

    The NTSB has determined that the rescission of the aforementioned 
regulations is not a rule as defined in 5 U.S.C. 804, and thus, does 
not require review by Congress.

List of Subjects in 49 CFR Part 805

    Conflict of interest, Government employees, Standards of conduct.

The Amendment

    In consideration of the foregoing, the National Transportation 
Safety Board amends chapter 8 of title 49, Code of Federal Regulations, 
as follows:

PART 805--[REMOVED AND RESERVED]

0
1. Remove and reserve part 805.

    Dated: November 15, 2011.
Candi R. Bing,
Federal Register Liaison Officer.
[FR Doc. 2011-29835 Filed 11-18-11; 8:45 am]
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