Standards of conduct; repeal,

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Federal Register: March 16, 1999 (Volume 64, Number 50)Rules and RegulationsPage 12881From the Federal Register Online via GPO Access [wais.access.gpo.gov]

DOCID:fr16mr99-1

Rules and Regulations Federal Register

This section of the FEDERAL REGISTER contains regulatory documents having general applicability and legal effect, most of which are keyed to and codified in the Code of Federal Regulations, which is published under 50 titles pursuant to 44 U.S.C. 1510.

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[Page 12881]

EXECUTIVE OFFICE OF THE PRESIDENT

3 CFR Part 100

Repeal of Standards of Conduct for Employees of the Executive Office of the President

AGENCY: Executive Office of the President (EOP).

ACTION: Final rule.

SUMMARY: The Executive Office of the President (EOP) is repealing its old standards of conduct that have been superseded by the Office of Government Ethics (OGE) Standards of Ethical Conduct for Employees of the Executive Branch (Standards) and executive branch financial disclosure regulations. The EOP is inserting a cross-reference to these OGE regulations.

EFFECTIVE DATE: This regulation is effective March 16, 1999.

FOR FURTHER INFORMATION CONTACT: Amy Comstock, Associate Counsel to the President, (202) 456-6229.

SUPPLEMENTARY INFORMATION:

I. Background

On August 7, 1992, OGE published new Standards of Ethical Conduct for Employees of the Executive Branch (Standards). See 57 FR 35006- 35067, as corrected at 57 FR 48557 and 57 FR 52583, with additional grace period extensions at 59 FR 4779-4780 and 60 FR 6390-6391. The Standards, codified at 5 CFR part 2635 and effective February 3, 1993, established uniform standards of ethical conduct that apply to all executive branch personnel.

The EOP is repealing its superseded Standards of Conduct at 3 CFR part 100, and is replacing those provisions with a single section that provides cross-references to 5 CFR parts 2634 and 2635.

II. Repeal of the Old EOP Standards of Conduct Regulations

Because the EOP's Standards of Conduct have been superseded by the new executive branch financial disclosure regulations at 5 CFR part 2634, and by the Standards at 5 CFR part 2635, the EOP is repealing all of its existing 3 CFR part 100. To ensure that employees are on notice of the currently effective ethical standards which apply to them, the EOP is replacing its old standards at 3 CFR part 100 with a residual provision that cross-references 5 CFR parts 2634 and 2635.

III. Matters of Regulatory Procedure

Administrative Procedures Act

The Executive Office of the President has found that good cause exists under 5 U.S.C. 553(b) and (d)(3) for waiving, as unnecessary and contrary to the public interest, the general notice of proposed rulemaking and the 30 day delay in effectiveness as to this final rule and repeal. This rulemaking is related to the EOP organization, procedure, and practice.

Executive Order 12866

In promulgating this final rule, EOP has adhered to the regulatory philosophy and the applicable principles of regulations set forth in section 1 of Executive Order 12866, Regulatory Planning and Review. This regulation is not deemed ``significant'' under that Executive order.

Regulatory Flexibility Act

The EOP has determined under the Regulatory Flexibility Act (5 U.S.C. chapter 6) that this regulation will not have a significant impact on small business entities because it affects only EOP employees.

Paperwork Reduction Act

The Executive Office of the President has determined that the Paperwork Reduction Act (44 U.S.C. chapter 35) does not apply because this regulation does not contain any information collection requirements.

Environmental Impact

This decision will not have a significant impact upon the quality of the human environment or the conservation of energy resources.

List of Subjects in 3 CFR Part 100

Conflicts of Interest, Government employees.

Approved: March 3, 1999. Charles Ruff, Counsel to the President, Executive Office of the President.

For the reasons set forth in the Preamble, the Executive Office of the President is amending title 3 of the Code of Federal Regulations, Chapter I as follows:

1. Part 100 of 3 CFR chapter I is revised to consist of Sec. 100.1 to read as follows:

PART 100--STANDARDS OF CONDUCT

Sec. 100.1 Ethical conduct standards and financial disclosure regulations.

Employees of the Executive Office of the President are subject to the executive branch-wide standards of ethical conduct at 5 CFR part 2635, and the executive branch-wide financial disclosure regulations at 5 CFR part 2634.

Authority: 5 U.S.C. 7301.

FR Doc. 99-6392Filed3-15-99; 8:45 amBILLING CODE 3195-01-P

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