[Federal Register Volume 86, Number 218 (Tuesday, November 16, 2021)]
[Rules and Regulations]
[Pages 63307-63308]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-24878]



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 Rules and Regulations
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  Federal Register / Vol. 86, No. 218 / Tuesday, November 16, 2021 / 
Rules and Regulations  

[[Page 63307]]



OFFICE OF GOVERNMENT ETHICS

5 CFR Part 2638

RIN 3209-AA63


Executive Branch Ethics Program; Technical Correction

AGENCY: Office of Government Ethics.

ACTION: Final rule; technical correction.

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SUMMARY: The Office of Government Ethics (OGE) is issuing a technical 
correction to the executive branch ethics program regulation that 
describes OGE's written guidance, following the inadvertent removal of 
certain paragraphs in the regulation that occurred when it was revised 
in August 2020.

DATES: This final rule is effective November 16, 2021.

FOR FURTHER INFORMATION CONTACT: Patrick J. Lightfoot, Associate 
Counsel, or Margaret Dylus-Yukins, Assistant Counsel; Telephone: 202-
482-9300.

SUPPLEMENTARY INFORMATION:

I. Background

    On August 20, 2020, the U.S. Office of Government Ethics (OGE) 
issued new regulations at 5 CFR part 2611, which set forth processes 
and procedures for OGE's issuance of guidance documents as required by 
Executive Order 13891, ``Promoting the Rule of Law Through Improved 
Agency Guidance Documents'' (October 9, 2019). 85 FR 51301 (August 20, 
2020). In that same August 2020 rulemaking, OGE made a technical 
modification to 5 CFR 2638.208 ``to replace the term `guidance 
documents' with the phrase `written guidance' in order to reduce any 
potential confusion'' with the new 5 CFR part 2611 regulation in which 
``guidance document'' had become a specific term of art. Id. The 
regulations at 5 CFR part 2611 were later removed pursuant to Executive 
Order 13992, ``Revocation of Certain Executive Orders Concerning 
Federal Regulation'' (January 20, 2021). See 86 FR 25801 (May 11, 
2021).
    Although the intent of this technical change was to replace only 
that phrasing in 5 CFR 2638.208, OGE's instructions to the Federal 
Register were unclear, and resulted in the inadvertent deletion of 
paragraphs (a), (b), and (c) in 5 CFR 2638.208. To correct this error, 
OGE is issuing this technical rulemaking to add paragraphs (a), (b), 
and (c) back into 5 CFR 2638.208 as they existed before the August 20, 
2020, amendments. OGE has made no substantive change to the text of 
these paragraphs, which will once again read as they did when 5 CFR 
part 2638 was updated in 2016. See 81 FR 76271 (November 2, 2016).

II. Matters of Regulatory Procedure

Administrative Procedure Act

    Pursuant to 5 U.S.C. 553(b)(3)(A), as Director of the Office of 
Government Ethics, the notice and comment procedures are being waived 
because these amendments concern matters of agency organization, 
procedure and practice.

Regulatory Flexibility Act

    As the Director of the Office of Government Ethics, I certify under 
the Regulatory Flexibility Act (5 U.S.C. chapter 6) that this final 
rule would not have a significant economic impact on a substantial 
number of small entities because it primarily affects current Federal 
executive branch employees.

Paperwork Reduction Act

    The Paperwork Reduction Act (44 U.S.C. chapter 35) does not apply 
because this regulation does not contain information collection 
requirements that require 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 5, subchapter II), this final rule would not significantly or 
uniquely affect small governments and will not result in increased 
expenditures by State, local, and tribal governments, in the aggregate, 
or by the private sector, of $100 million or more (as adjusted for 
inflation) in any one year.

Executive Order 13563 and Executive Order 12866

    Executive Orders 13563 and 12866 direct agencies to assess all 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select the regulatory approaches that 
maximize net benefits (including economic, environmental, public health 
and safety effects, distributive impacts, and equity). Executive Order 
13563 emphasizes the importance of quantifying both costs and benefits, 
of reducing costs, of harmonizing rules, and of promoting flexibility. 
In promulgating this rulemaking, OGE has adhered to the regulatory 
philosophy and the applicable principles of regulation set forth in 
Executive Orders 12866 and 13563. The rule has not been reviewed by the 
Office of Management and Budget because it is not a significant 
regulatory action for the purposes of Executive Order 12866.

Executive Order 12988

    As Director of the Office of Government Ethics, I have reviewed 
this rule in light of section 3 of Executive Order 12988, Civil Justice 
Reform, and certify that it meets the applicable standards provided 
therein.

Executive Order 13175

    The Office of Government Ethics has evaluated this final rule under 
the criteria set forth in E.O. 13175 and determined that tribal 
consultation is not required as this final rule has no substantial 
direct effect on one or more Indian tribes, on the relationship between 
the Federal Government and Indian tribes, or on the distribution of 
power and responsibilities between the Federal Government and Indian 
tribes.

List of Subjects in 5 CFR Part 2638

    Administrative practice and procedure, Conflict of interests, 
Government employees, Reporting and recordkeeping requirements.

    Approved: November 9, 2021.
Emory Rounds,
Director, U.S. Office of Government Ethics.
    For the reasons stated in the preamble, the U.S. Office of 
Government Ethics amends 5 CFR part 2638 by making the following 
technical correction:

[[Page 63308]]

PART 2638--EXECUTIVE BRANCH ETHICS PROGRAM

0
1. The authority citation for part 2638 continues to read as follows:

    Authority:  5 U.S.C. App. 101-505; 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.

0
2. Revise Sec.  2638.208 to read as follows:


Sec.  2638.208  Written guidance on the executive branch ethics 
program.

    This section describes several means by which the Office of 
Government Ethics provides agencies, employees, and the public with 
written guidance regarding its legal interpretations, program 
requirements, and educational offerings. Normally, written guidance is 
published on the official website of the Office of Government Ethics, 
www.oge.gov.
    (a) Legal advisories. The Office of Government Ethics issues legal 
advisories, which are memoranda regarding the interpretation of 
government ethics laws and regulations. They are intended primarily to 
provide education and notice to executive branch ethics officials; 
prospective, current, and former executive branch employees; and 
individuals who interact with the executive branch.
    (b) Program advisories. The Office of Government Ethics issues 
program advisories, which are memoranda regarding the requirements or 
procedures applicable to the executive branch ethics program and 
individual agency ethics programs. They are intended primarily to 
instruct agencies on uniform procedures for the executive branch ethics 
program.
    (c) Informal advisory opinions. Upon request or upon its own 
initiative, the Office of Government Ethics issues informal advisory 
opinions. Informal advisory opinions address subjects that in the 
opinion of the Director do not meet the criteria for issuance of formal 
advisory opinions. They are intended primarily to provide guidance to 
individuals and illustrate the application of government ethics laws 
and regulations to specific circumstances.

[FR Doc. 2021-24878 Filed 11-15-21; 8:45 am]
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