[Federal Register: September 13, 2002 (Volume 67, Number 178)]
[Rules and Regulations]
[Page 57937-57938]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13se02-1]
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Rules and Regulations
Federal Register
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[[Page 57937]]
OFFICE OF GOVERNMENT ETHICS
5 CFR Part 2634
RIN 3209-AA00
Technical Amendment to Executive Branch Regulation Governing the
Reporting Period for Incumbent Public Financial Disclosure Reports
AGENCY: Office of Government Ethics (OGE).
ACTION: Final rule; technical amendment.
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SUMMARY: The Office of Government Ethics is issuing a final rule to
amend the executive branchwide regulation that describes the reporting
period for incumbent public financial disclosure reports to conform
with the Ethics in Government Act, OGE regulations, and the report form
instructions.
EFFECTIVE DATE: October 15, 2002.
FOR FURTHER INFORMATION CONTACT: Lorna A. Syme, Government Ethics
Specialist, Program Services Division, Office of Government Ethics;
Telephone: 202-208-8000, extension 1141; TDD: 202-208-8025; FAX: 202-
208-8039.
SUPPLEMENTARY INFORMATION: In this rulemaking, OGE is making a
technical amendment to subpart C of its executive branchwide financial
disclosure regulation codified at 5 CFR part 2634. Section 2634.308(a)
of subpart C sets forth the reporting period for incumbent public
financial disclosure reports, which shall be either the preceding
calendar year or any portion of that year not already covered by a new
entrant or nominee report. The Office of Government Ethics is revising
this provision in order to eliminate the language which permits
exclusion of any portion of the preceding calendar year already covered
by a new entrant or nominee report, so that the reporting period
conforms with the time periods specified in the Ethics in Government
Act of 1978, 5 U.S.C. appendix, OGE regulations, and the instructions
to the public financial disclosure report form (SF 278). The Office of
Government Ethics believes that the change to the reporting period
embodied in this technical amendment is consistent with its oversight
responsibilities pursuant to the Ethics Act, as well as the applicable
provisions (section 102(a) dealing with contents of reports) of the
Act.
Matters of Regulatory Procedure
Administrative Procedure Act
Pursuant to 5 U.S.C. 553(b) and (d), as Director of the Office of
Government Ethics, I find good cause exists for waiving the general
notice of proposed rulemaking and the opportunity for public comment as
to this revision. The notice and comment are being waived because this
technical amendment concerns matters of agency organization, practice
and procedure, and it is in the public interest that the amendment take
effect promptly.
Executive Order 12866
In promulgating this technical amendment, OGE has adhered to the
regulatory philosophy and the applicable principles of regulation set
forth in section 1 of Executive Order 12866, Regulatory Planning and
Review. This amendment has not been reviewed by the Office of
Management and Budget under the Executive order, since it is not deemed
``significant'' thereunder.
Executive Order 12988
As Director of the Office of Government Ethics, I have reviewed
this final amendatory regulation in light of section 3 of Executive
Order 12988, Civil Justice Reform, and certify that it meets the
applicable standards provided therein.
Regulatory Flexibility Act
As Director of the Office of Government Ethics, I certify under the
Regulatory Flexibility Act (5 U.S.C. chapter 6) that this rulemaking
will not have a significant economic impact on a substantial number of
small entities because it only affects executive branch public
financial disclosure filers and the administration of the reporting
system within executive branch agencies.
Paperwork Reduction Act
The Paperwork Reduction Act (44 U.S.C. chapter 35) does not apply
because this final rule technical amendment does not contain
information collection requirements that require the 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 25, subchapter II), this rule will 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.
Congressional Review Act
The Office of Government Ethics has determined that this amendatory
rulemaking is a nonmajor rule under the Congressional Review Act (5
U.S.C. chapter 8) and has submitted a report thereon to the United
States Senate, House of Representatives and General Accounting Office
in accordance with that law.
List of Subjects in 5 CFR Part 2634
Certificates of divestiture, Conflict of interests, Financial
disclosure, Government employees, Penalties, Privacy, Reporting and
recordkeeping requirements, Trusts and trustees.
Approved: September 6, 2002.
Amy L. Comstock,
Director, Office of Government Ethics.
For the reasons set forth in the preamble, the Office of Government
Ethics is amending 5 CFR part 2634 as follows:
PART 2634--EXECUTIVE BRANCH FINANCIAL DISCLOSURE, QUALIFIED TRUSTS,
AND CERTIFICATES OF DIVESTITURE
1. The authority citation for part 2634 continues to read as
follows:
Authority: 5 U.S.C. App. (Ethics in Government Act of 1978); 26
U.S.C. 1043; Pub. L. 101-410, 104 Stat. 890, 28 U.S.C. 2461 note
(Federal Civil Penalties Inflation Adjustment Act of 1990), as
amended by Sec. 31001, Pub. L. 104-134, 110 Stat. 1321 (Debt
Collection Improvement Act of 1996); 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.
[[Page 57938]]
Subpart C--Contents of Reports
2. Section 2634.308 is amended by revising paragraph (a) to read as
follows:
Sec. 2634.308 Reporting periods and contents of public financial
disclosure reports.
(a) Incumbents. Each public financial disclosure report filed
pursuant to Sec. 2634.201(a) shall include on the standard form
prescribed by the Office of Government Ethics consistent with subpart F
of this part and in accordance with instructions issued by that Office,
a full and complete statement of the information required to be
reported according to the provisions of subpart C of this part, for the
preceding calendar year (except for Sec. Sec. 2634.303 and 2634.304,
relating to transactions and gifts/reimbursements, for which the
reporting period does not include any portion of the previous calendar
year during which the filer was not a Federal employee), and in the
case of Sec. Sec. 2634.306 and 2634.307, to include the additional
period up to the date of filing.
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[FR Doc. 02-23314 Filed 9-12-02; 8:45 am]
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