[Federal Register Volume 89, Number 43 (Monday, March 4, 2024)]
[Rules and Regulations]
[Pages 15450-15451]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-04442]
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DEPARTMENT OF VETERANS AFFAIRS
38 CFR Part 0
RIN 2900-AS04
Agency Ethics Officials
AGENCY: Department of Veterans Affairs.
ACTION: Final rule.
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SUMMARY: The Department of Veterans Affairs (VA) is amending its
regulation governing Agency ethics officials to reflect that the
Secretary designates these officials, to identify the employees who may
serve in these roles, and to make other relevant nomenclature changes
regarding employees and groups within the Office of General Counsel.
DATES: Effective date: This rule is effective March 4, 2024.
FOR FURTHER INFORMATION CONTACT: Tracianna L. Winston, Chief Counsel,
Ethics Specialty Team, Office of the General Counsel (021), Department
of Veterans Affairs, 810 Vermont Avenue NW, Washington, DC 20420, (202)
461-6269. (This is not a toll-free telephone number.)
SUPPLEMENTARY INFORMATION: Title 38 of the Code of Federal Regulations,
Chapter I, Part 0 governs the Values, Standards of Ethical Conduct, and
Related Responsibilities of VA employees. Subpart B, ``General
Provisions'' includes 38 CFR 0.735-1 ``Agency ethics officials'' which
is amended to provide updated information regarding the designation of
agency ethics officials and the employees who may serve in these roles.
The sections are also amended to reflect nomenclature changes to the
names of certain Office of General Counsel offices and the employees in
those offices.
Specifically, 38 CFR 0.735-1(a) is amended to reflect that the
Secretary designates attorneys from the Office of General Counsel to
serve as the Designated Agency Ethics Official (DAEO) and Alternate
Designated Agency Ethics Official (ADAEO). Additionally, 38 CFR 0.735-
1(b)(1) is amended to reflect nomenclature changes to the names of
Office of General Counsel positions, including District Chief Counsels,
and teams, including the Ethics Specialty Team.
[[Page 15451]]
This subsection is also amended to broaden the group of individuals who
may act as Deputy Ethics Officials pursuant to delegations from the
DAEO. Finally, 38 CFR 0.735-1(b)(2) is amended to include a citation to
5 CFR 2638.104(e) as the existing citation to 5 CFR 2638.204 is
outdated.
Administrative Procedure Act
This final rule is a procedural rule that does not impose new
rights, duties, or obligations on affected individuals but, rather,
explains that the Secretary appoints Agency ethics officials and
identifies the employees that may serve as Agency ethics officials.
Therefore, it is exempt from the prior notice-and-comment and delayed-
effective-date requirements of 5 U.S.C. 553. See 5 U.S.C. 553(b)(A) and
(d)(3). This rule merely updates information regarding the delegation
of Agency ethics officials, the employees who may serve in those roles,
and the names of certain offices and employees in the Office of General
Counsel.
Paperwork Reduction Act
This final rule contains no provisions constituting a collection of
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3521).
Regulatory Flexibility Act
The initial and final regulatory flexibility analyses requirements
of sections 603 and 604 of the Regulatory Flexibility Act, 5 U.S.C.
601-612, are not applicable to this rule because a notice of proposed
rulemaking is not required for this rule. Even so, the Secretary hereby
certifies that this final rule will not have a significant economic
impact on a substantial number of small entities as they are defined in
the Regulatory Flexibility Act. This rule will affect only: (1) Office
of General Counsel (OGC) and VA employees who serve as Agency ethics
officials, and (2) VA employees seeking ethics advice from these Agency
ethics officials. Therefore, pursuant to 5 U.S.C. 605(b), the initial
and final regulatory flexibility analysis requirements of 5 U.S.C. 603
and 604 do not apply.
Executive Orders 12866, 13563 and 14094
Executive Order 12866 (Regulatory Planning and Review) directs
agencies to assess the costs and benefits of available regulatory
alternatives and, when regulation is necessary, to select regulatory
approaches that maximize net benefits (including potential economic,
environmental, public health and safety effects, and other advantages;
distributive impacts; and equity). Executive Order 13563 (Improving
Regulation and Regulatory Review) emphasizes the importance of
quantifying both costs and benefits, reducing costs, harmonizing rules,
and promoting flexibility. Executive Order 14094 (Executive Order on
Modernizing Regulatory Review) supplements and reaffirms the
principles, structures, and definitions governing contemporary
regulatory review established in Executive Order 12866 of September 30,
1993 (Regulatory Planning and Review), and Executive Order 13563 of
January 18, 2011 (Improving Regulation and Regulatory Review). The
Office of Information and Regulatory Affairs has determined that this
rulemaking is not a significant regulatory action under Executive Order
12866, as amended by Executive Order 14094. The Regulatory Impact
Analysis associated with this rulemaking can be found as a supporting
document at www.regulations.gov.
Assistance Listing
There are no Assistance Listing numbers and titles for the programs
affected by this document.
Congressional Review Act
Pursuant to Subtitle E of the Small Business Regulatory Enforcement
Fairness Act of 1996 (known as the Congressional Review Act) (5 U.S.C.
801 et seq.), the Office of Information and Regulatory Affairs
designated this rule as not satisfying the criteria under 5 U.S.C.
804(2).
Unfunded Mandates
The Unfunded Mandates Reform Act of 1995 requires, at 2 U.S.C.
1532, that agencies prepare an assessment of anticipated costs and
benefits before issuing any rule that may result in the expenditure by
State, local, and tribal governments, in the aggregate, or by the
private sector, of $100 million or more (adjusted annually for
inflation) in any one year. This final rule will have no such effect on
State, local, and tribal governments, or on the private sector.
List of Subjects in 38 CFR Part 0
Core Values, Characteristics and Customer Experience Principles of
the Department, General Provisions, Standards of Ethical Conduct, and
Related Responsibilities of Employees.
Signing Authority
Denis McDonough, Secretary of Veterans Affairs, approved this
document on February 26, 2024, and authorized the undersigned to sign
and submit the document to the Office of the Federal Register for
publication electronically as an official document of the Department of
Veterans Affairs.
Consuela Benjamin,
Regulations Development Coordinator, Office of Regulation Policy &
Management, Office of General Counsel, Department of Veterans Affairs.
For the reasons set out in the preamble, the Department of Veterans
Affairs amends 38 CFR part 0 as follows:
PART 0--VALUES, STANDARDS OF ETHICAL CONDUCT, AND RELATED
RESPONSIBILITIES
0
1. The authority citation for part 0 continues to read as follows:
Authority: 5 U.S.C. 301; 38 U.S.C. 501; see sections 201, 301,
and 502(a) of 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. Amend Sec. 0.735-1 by revising paragraphs (a), (b)(1), and (b)(2)
to read as follows:
Sec. 0.735-1 Agency ethics officials.
(a) Designated Agency Ethics Official (DAEO). The Secretary will
designate attorneys from the Office of General Counsel to serve as the
Designated Agency Ethics Official (DAEO) and Alternate Designated
Agency Ethics Official (ADAEO).
(b) * * *
(1) The District Chief Counsels and attorneys on the Ethics
Specialty Team are Deputy Ethics Officials. They have been delegated
the authority to act for the DAEO pursuant to 5 CFR 2638.104(e).
(2) Other officials may also act as Deputy Ethics officials
pursuant to delegations of one or more of the DAEO's duties from the
DAEO.
[FR Doc. 2024-04442 Filed 3-1-24; 8:45 am]
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