58 FR 33755--06/21/93--Agency Component Designation Amendments (new post-employment)
Federal Register Vol. 58, No. 117

OFFICE OF GOVERNMENT ETHICS

AGENCY: Office of Government Ethics (OGE)

5 CFR Part 2641

Post-Employment Conflict of Interest Restrictions;
Revision of Agency Component Designations for the
Executive Branch

RIN 3209-AA14

58 FR 33755

Monday, June 21, 1993
__________________________________________________________________
ACTION: Final rule; amendments.

SUMMARY: At the request of two agencies, the Office of
Government Ethics is issuing this rule to revoke the designation of
an agency component and to change the name of another agency's
component for purposes of the one-year statutory post-employment
restriction applicable to former ``senior'' employees of the
executive branch. These changes reflect the current organizational
structure of the two agencies.

EFFECTIVE DATE: This rule is effective June 21, 1993, except
for the removal of the listing for the Federal Emergency Management
Agency which will be effective September 20, 1993.

FOR FURTHER INFORMATION CONTACT: Julia Loring Eirinberg, Office
of Government Ethics, telephone (202/FTS) 523-5757, FAX (202/FTS)
523-6325.

SUPPLEMENTARY INFORMATION:

A. Substantive Discussion

   The Director of OGE is authorized by 18 U.S.C. 207(h) to
designate separate departmental and agency components in the
executive branch for purposes of 18 U.S.C. 207(c), the one-year
post-employment restriction applicable to former ``senior'' employees
of the executive branch. The representational bar of 18 U.S.C.
207(c) usually extends to any department or agency in which a
former senior employee served in any capacity during the one-year
period prior to termination from senior service. However, eligible
before components of their former department or agency if those
components have been designated as separate agencies or bureaus by
OGE. Relevant criteria relating to designation are set forth in
section 2641.201(e)(6).

   Section 2641.201(e)(3)(ii) provides that a designated agency
ethics official may recommend to the Director of OGE that a current
component designation be revoked. Section 2641.201(e)(iii) states
that the Director ``shall by rule... revoke a component designation
after considering the recommendation of the designated agency ethics
official.''

   By letter of November 24, 1992, the designated agency ethics
official for the Federal Emergency Management Agency (FEMA)
recommended the revocation of the separate component status of the
United States Fire Administration, FEMA's sole separate designated
component. After reviewing FEMA's request in light of the criteria
set forth in section 2641.201(e)(6), the Director of OGE has deter-mined
to revoke the designation of the United States Fire Administra-tion
as a distinct and separate FEMA component. As provided in section
2641.201(e)(4), the revocation of this designation shall be effective
90 days after the effective date of this rule, but shall not be effec-tive
as to any individuals who terminate senior service prior to the
expiration of that 90-day period.

    At the request of the Department of Transportation, appendix B
of this part has also been amended to indicate that the name of
the Urban Mass Transit Administration has been changed to the
Federal Transit Administration.

B. Matters of Regulatory Procedure

Administrative Procedure Act

   Pursuant to 5 U.S.C. 553, the Director of OGE finds that good
cause exists for waiving the general notice of proposed rulemaking
and 30-day delayed effective date. It is important that the desig-nation
or revocation by OGE of separate agency components be pub-lished
in the Federal Register as promptly as possible.
Furthermore, since this rule is interpretive in nature, it is exempt
from the notice and delayed effectiveness requirements of 5 U.S.C.
553.

E.O. 12291, Federal Regulation

   As Director of the OGE, I have determined that this is not a
major rule as defined under section 1(b) of Executive Order 12291.

Regulatory Flexibility Act

   As Director of the OGE, I certify under the Regulatory Flexibility
Act (5 U.S.C. chapter 6) that this regulation will not have a signif-icant
economic impact on a substantial number of smallentities because
it only affects current and former Federal employees.

Paperwork Reduction Act

   The Paperwork Reduction Act (44 U.S.C. chapter 35) does not apply
because this rule does not contain an information collection require-ment
that requires the approval of the Office of Management and Bud-get.

List of Subjects in 5 CFR Part 2641

   Conflict of interests, Government employees.


Approved: May 11, 1993.
Stephen D. Potts,
Director, Office of Government Ethics.