58906 Federal Register / Vol. 62, No. 211 / Friday, October 31, 1997 / Rules and Regulations

Programs, Department of Housing and

Urban Development, 1999 Broadway,

Suite 3390, Denver, CO; telephone (303)

675–1600 (voice) or 1–800–877–8339

(TTY for speech or hearing impaired

individuals). These are not toll-free

numbers.

SUPPLEMENTARY INFORMATION:

I. Paperwork Burden

The information collection

requirements contained in §§ 954.106,

954.505, 954.506, 954.507 of this rule

have been approved by the Office of

Management and Budget in accordance

with the Paperwork Reduction Act of

1995 (44 U.S.C. 3501–3520), and

assigned OMB control number 2577–

0191. An agency may not conduct or

sponsor, and a person is not required to

respond to, a collection of information

unless the collection displays a valid

control number.

II. Background

On June 21, 1996, at 61 FR 32292,

HUD published an interim rule to move

the Indian HOME Program from 24 CFR

part 92 to part 954. The interim rule also

included clarifications and

simplifications intended to facilitate the

use of the rule by interested parties,

increase similarity with the Indian

Community Development Block Grant

(ICDBG) program, and simplify

administration of Native American

Tribal Programs.

Comments were solicited on the

interim rule for a period of 60 days. No

public comments were received, and

HUD has determined to promulgate the

June 21, 1996 interim rule without any

changes as a final rule. Although section

505 of the Native American Housing

Assistance and Self-Determination Act

of 1996 (NAHASDA) (Pub. L. 104–330,

approved October 26, 1996) ends the

Indian HOME Program in Fiscal Year

(FY) 1998, which begins on October 1,

1997, this final rule is being issued to

provide for the administration of any

Indian HOME funds and Indian HOMEassisted projects that will continue

beyond the date when new funding

under the program will no longer be

made available.

III. Findings and Certifications

Regulatory Flexibility Act—Impact on

Small Entities

The Secretary, in accordance with the

Regulatory Flexibility Act (5 U.S.C.

605(b)), has reviewed this rule before

publication and by approving it certifies

that this rule does not have a significant

economic impact on a substantial

number of small entities. The rule

promulgates as final the interim rule

revisions to the existing Indian HOME

program under which Indian tribes

receive grant assistance from HUD to

increase the number of housing

opportunities for low-income and very

low-income people. HUD does not

anticipate a significant economic impact

on small entities since Indian tribes will

continue to carry out their Indian

HOME program activities as they now

do.

Environmental Review

At the time of publication of the

interim rule, a Finding of No Significant

Impact with respect to the environment

was made in accordance with HUD

regulations in 24 CFR part 50 that

implement section 102(2)(C) of the

National Environmental Policy Act of

1969 (42 U.S.C. 4332). The interim rule

is adopted by this final rule without

significant change. Accordingly, the

initial Finding of No Significant Impact

remains applicable, and is available for

public inspection between 7:30 a.m. and

5:30 p.m. weekdays in the office of the

Rules Docket Clerk at the above address.

Executive Order 13045, Protection of

Children From Environmental Health

Risks and Safety Risks

This rule will not pose an

environmental health risk or safety risk

on children.

Unfunded Mandates Reform Act

The Secretary has reviewed this rule

before publication and by approving it

certifies, in accordance with the

Unfunded Mandates Reform Act of 1995

(2 U.S.C. 1532), that this rule does not

impose a Federal mandate that will

result in the expenditure by state, local,

and tribal governments, in the aggregate,

or by the private sector, of $100 million

or more in any one year.

The Catalog of Federal Domestic

Assistance Number for the HOME Program is

14.239.

List of Subjects in 24 CFR Part 954

Grant programs—housing and

community development, Manufactured

homes, Rent subsidies, Reporting and

recordkeeping requirements.

Accordingly, for the reasons stated in

the preamble, title 24 of the Code of

Federal Regulations is amended by

adopting the interim rule published in

the Federal Register on June 21, 1996

(61 FR 32292) as final without change.

Dated: October 22, 1997.

Kevin Emanuel Marchman,

Acting Assistant Secretary for Public and

Indian Housing.

[FR Doc. 97–28855 Filed 10–30–97; 8:45 am]

BILLING CODE 4210–33–P

NATIONAL LABOR RELATIONS

BOARD

29 CFR Part 102

Post-employment Restrictions on

Agency Employees

AGENCY: National Labor Relations

Board.

ACTION: Final rule.

SUMMARY: The National Labor Relations

Board (NLRB) is repealing its current

Agency-specific regulations which

restrict practice before the Agency by

former NLRB employees and

substituting therefor a new rule which

references the executive branch-wide

post-employment restrictions imposed

by 18 U.S.C. 207.

EFFECTIVE DATE: October 31, 1997.

FOR FURTHER INFORMATION CONTACT:

John J. Toner, Executive Secretary,

National Labor Relations Board, 1099

14th Street, NW, Room 11600,

Washington, DC 20570. Telephone:

(202) 273–1940.

SUPPLEMENTARY INFORMATION: Executive

Order 12674 (April 12, 1989), as

modified by Executive Order 12731

(October 17, 1990), authorizes the Office

of Government Ethics (OGE), in

consultation with the Attorney General

and the Office of Personnel

Management, to issue regulations that

‘‘establish a single, comprehensive, and

clear set of executive-branch standards

of conduct that shall be objective,

reasonable, and enforceable.’’ The

Executive Order further authorizes OGE,

with the concurrence of the Attorney

General, to issue regulations

interpreting 18 U.S.C. 207–209.

Pursuant to this authority and similar

authority granted OGE by the Ethics

Reform Act 1989, 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, 57 FR 52583, and 60 FR 51667,

and amended at 61 FR 42965–42970 (as

corrected at 61 FR 48733) and 61 FR

50689–50691, with additional grace

period extensions at 59 FR 4779–4780,

60 FR 6390–6391, 60 FR 66857–66858,

and 61 FR 40950–40952. The Standards,

codified at 5 CFR part 2635, became

effective February 3, 1993, and

established uniform standards of ethical

conduct that apply to all executive

branch personnel, superseding most

agency-specific standards of conduct.

Accordingly, on July 21, 1994, the NLRB

issued a final rule repealing certain

provisions of its own regulations

governing employee responsibilities and

conduct codified at 29 CFR part 100
Federal Register / Vol. 62, No. 211 / Friday, October 31, 1997 / Rules and Regulations 58907

which had been superseded by the new

Standards. See 59 FR 37157.

OGE has not yet issued new

regulations implementing 18 U.S.C. 207,

as amended by the Ethics Reform of

1989, pursuant to its authority under

that Act and the Executive Orders 12674

and 12731. However, OGE indicated in

its notice of the new Standards that it

expects to do so. Further, OGE has since

advised the Agency that to the extent

the NLRB’s current post-employment

regulations set forth in sections 102.119

and 102.120 if the Board’s rules are

more restrictive than 18 U.S.C. 207, as

amended by the Ethics Reform Act of

1989, they are unenforceable as to any

employees leaving the Agency on or

after January 1, 1991, the effective date

of the 1989 amendments to that statute.

Accordingly, the Board is repealing

those regulations, and substituting

therefor a reference to 18 U.S.C. 207.

Regulatory Requirements

This rule merely conforms current

regulations to statutory requirements,

affects only former Agency employees,

relates solely to agency organization,

procedure and practice, and will not

have a significant impact on a

substantial number of small businesses

or impose any information collecting

requirements. Accordingly, the Agency

finds that prior notice and comment is

not required for these rules and that

good cause exists for waiving the

general requirement of delaying the

effective date under the Administrative

Procedure Act (5 U.S.C. 553), and that

the rules are not subject to the

Regulatory Flexibility Act (5 U.S.C.

601), Small Business Regulatory

Enforcement Act (5 U.S.C. 801),

Paperwork Reduction Act (44 U.S.C.

3501), or Executive Order 12866.

List of Subjects in 29 CFR Part 102

Administrative practice and

procedure, Labor management relations.

For reasons set forth above, 29 CFR

part 102 is amended as follows:

PART 102—RULES AND

REGULATIONS

1. The authority citation for 29 CFR

part 102 continues to read as follows:

Authority: Section 6, National Labor

Relations Act, as amended (29 U.S.C. 151,

156). Section 103.117(c) also issued under

Section 552(a)(4)(A) of the Freedom of

Information Act, as amended (5 U.S.C.

552(a)(4)(A)). Sections 102.143 and 102.155

also issued under Section 504(c)(1) of the

Equal Access to Justice Act, as amended (5

U.S.C. 504(c)(1)).

2. Subpart L is revised to read as

follows;

Subpart L—Post-employment

Restrictions on Activities by Former

Officers and Employees

§ 102.119 Post-employee restrictions on

activities by former Officers and employees.

Former officers and employees of the

Agency who were attached to any of its

Regional Offices or the Washington staff

are subject to the applicable postemployment restrictions imposed by 18

U.S.C. 207. Guidance concerning those

restrictions may be obtained from the

Designated Agency Ethics Officer and

any applicable regulations issued by the

Office of Government Ethics.

Dated, Washington, D.C., October 28, 1997.

By direction of the Board.

John J. Toner,

Executive Secretary.

[FR Doc. 97–28926 Filed 10–30–97; 8:45 am]

BILLING CODE 7545–01–M

DEPARTMENT OF THE TREASURY

Departmental Offices

31 CFR Part 1

Privacy Act of 1974; Implementation

AGENCY: Departmental Offices, Treasury.

ACTION: Final Rule.

SUMMARY: In accordance with the

requirements of the Privacy Act of 1974,

as amended, 5 U.S.C. 552a, the

Department of the Treasury gives notice

of an amendment to 31 CFR 1.36 to

exempt a new system of records, the

Suspicious Activity Reporting System

(the SAR System), Treasury/DO.212,

from certain provisions of the Privacy

Act.

EFFECTIVE DATE: October 31, 1997.

FOR FURTHER INFORMATION CONTACT:

Stephen R. Kroll, Legal Counsel,

Financial Crimes Enforcement Network,

2070 Chain Bridge Road, Suite 200,

Vienna, VA 22182, (703) 905–3590.

SUPPLEMENTARY INFORMATION: The

Department of the Treasury published

in the Federal Register, at 62 FR 14376,

March 26, 1997, a proposed rule

exempting the Suspicious Activity

Reporting System (the SAR System),

Treasury/DO.212, from certain

provisions of the Privacy Act pursuant

to 5 U.S.C. 552a(j)(2) and (k)(2). A notice

of this proposed new system of records

was also published in the Federal

Register, at 62 FR 14532, March 26,

1997.

Under 5 U.S.C. 552a(j)(2), the head of

an agency may promulgate rules to

exempt a system of records from certain

provisions of 5 U.S.C. 552a if the system

of records is ‘‘maintained by an agency

or component thereof which performs as

its principal function any activity

pertaining to the enforcement of

criminal laws, including police efforts

to prevent, control, or reduce crime or

to apprehend criminals, and the

activities of prosecutors, courts,

correctional, probation, pardon or

parole authorities, and which consists of

(A) information compiled for the

purpose of identifying individual

criminal offenders and alleged offenders

and consisting only of identifying data

and notations of arrests, the nature and

disposition of criminal charges,

sentencing, confinement, release, and

parole and probation status; (B)

information compiled for the purpose of

a criminal investigation, including

reports of informants and investigators,

and associated with an identifiable

individual; or (C) reports identifiable to

an individual compiled at any stage of

the process of enforcement of the

criminal laws from arrest or indictment

through release from supervision.’’

Under 5 U.S.C. 552a(k)(2), the head of

an agency may promulgate rules to

exempt a system of records from certain

provisions of 5 U.S.C. 552a if the system

of records is ‘‘investigatory material

compiled for law enforcement purposes,

other than material within the scope of

subsection (j)(2) of this section.’’

The notice, proposing that the SAR

System of records be exempted from

sections (c)(3), (c)(4), (d)(1), (d)(2),

(d)(3), (d)(4), (e)(1), (e)(2), (e)(3),

(e)(4)(G), (e)(4)(H), (e)(4)(I), (e)(5), (e)(8),

(f) and (g) of the Privacy Act, requested

that public comments be sent to FinCEN

no later than April 25, 1997. FinCEN

received one comment. The commenter,

a banking trade association, noted that

the proposed exemption ‘‘is

appropriate.’’ Accordingly, the

Department of the Treasury is hereby

giving notice that its proposed rule,

exempting the SAR System from the

above referenced provisions of the

Privacy Act pursuant to 5 U.S.C.

552a(j)(2) and (k)(2) and the authority of

31 CFR 1.23(c), is being adopted as a

final rule without change, except for

minor corrections in paragraphs (k)(3)

and (k)(4), pertaining to cross references

within paragraph (k) of the rule. The

reasons for exempting the system of

records from the above referenced

provisions of the Privacy Act are set

forth in the rule.

The Department of the Treasury has

determined that this proposed rule is

not a ‘‘significant regulatory action’’

under Executive Order 12866.

Pursuant to the requirements of the

Regulatory Flexibility Act, 5 U.S.C. 601–

612, for the reasons set forth in the