Executive Branch Ethics Program; Technical Correction

Citation86 FR 63307
Record Number2021-24878
Published date16 November 2021
SectionRules and Regulations
CourtGovernment Ethics Office
Federal Register, Volume 86 Issue 218 (Tuesday, November 16, 2021)
[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
                 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.
                The Code of Federal Regulations is sold by the Superintendent of Documents.
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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.
                -----------------------------------------------------------------------
                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 112988
                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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