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. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

44261 

Vol. 79, No. 147 

Thursday, July 31, 2014 

FEDERAL RETIREMENT THRIFT 

INVESTMENT BOARD 

5 CFR Part 1651 

Aged Beneficiary Designation Forms 

AGENCY: Federal Retirement Thrift 

Investment Board. 

ACTION: Final rule; correcting 

amendments. 

SUMMARY: The Federal Retirement Thrift 

Investment Board (Agency) published in 

the Federal Register of July 9, 2014, a 

document amending its regulations to 

provide that a beneficiary designation 

form is valid only if it is received by the 

TSP record-keeper not more than one 

year after the date of the participant’s 

signature. This document corrects the 

authority citation and paragraph 

designations provided in the July 9, 

2014 publication. 

DATES: The correcting amendments are 

effective on July 31, 2014. 

FOR FURTHER INFORMATION CONTACT: 

Laurissa Stokes at 202–942–1645. 

SUPPLEMENTARY INFORMATION: The 

Agency published a document (FR Doc. 

2014–16043) in the Federal Register of 

July 9, 2014, (79 FR 38747), amending 

its regulations to provide that a 

beneficiary designation form is valid 

only if it is received by the TSP recordkeeper not more than one year after the 

date of the participant’s signature. This 

document simply corrects the authority 

citation and paragraph designations 

provided in FR Doc. 2014–16043. 

List of Subjects in 5 CFR Part 1651 

Claims, Government employees, 

Pensions, Retirement. 

For the reasons stated in the 

preamble, the Agency corrects 5 CFR 

chapter VI by making the following 

correcting amendments: 

PART 1651—DEATH BENEFITS 

■ 1. The authority citation for part 1651 

continues to read as follows: 

Authority: 5 U.S.C. 8424(d), 8432d, 

8432(j), 8433(e), 8435(c)(2), 8474(b)(5) and 

8474(c)(1). 

■ 2. Amend § 1651.3 by: 

■ a. Removing the word ‘‘and’’ at the 

end of paragraph (c)(7); 

■ b. Removing the period at the end of 

paragraph (c)(8) and adding in its place 

‘‘; and’’; and 

■ c. Adding paragraph (c)(9) to read as 

follows: 

§ 1651.3 Designation of beneficiary. 

* * * * * 

(c)* * * 

(9) Be received by the TSP recordkeeper not more than 365 calendar days 

after the date of the participant’s most 

recent signature. 

* * * * * 

Gregory T. Long, 

Executive Director, Federal Retirement Thrift 

Investment Board. 

[FR Doc. 2014–17905 Filed 7–30–14; 8:45 am] 

BILLING CODE 6760–01–P 

DEPARTMENT OF JUSTICE 

5 CFR Part 3801 

[2013R–4F] 

Supplemental Standards of Ethical 

Conduct for Employees of the 

Department of Justice 

AGENCY: Department of Justice. 

ACTION: Final rule; amendments. 

SUMMARY: The Department of Justice 

(DOJ), with the concurrence of the 

Office of Government Ethics, is 

amending its Supplemental Standards 

of Ethical Conduct for Employees of the 

Department of Justice (Supplemental 

Standards) to incorporate existing rules 

for Bureau of Alcohol, Tobacco, 

Firearms, and Explosives (ATF) 

employees that had initially been 

adopted by the Department of the 

Treasury (Treasury) when the Bureau of 

Alcohol, Tobacco, and Firearms was 

within Treasury. These rules, which 

have continued to be applicable to ATF 

employees after the transfer of 

authorities to DOJ, are being 

incorporated without substantive 

change into DOJ’s Supplemental 

Standards. Additionally, this final rule 

designates ATF as a separate agency for 

purposes of applying the gifts and the 

teaching, speaking, and writing 

provisions of the Standards of Ethical 

Conduct for Employees of the Executive 

Branch. 

DATES: This rule is effective July 31, 

2014. 

FOR FURTHER INFORMATION CONTACT: 

Denise R. Brown, Office of Regulatory 

Affairs, Bureau of Alcohol, Tobacco, 

Firearms and Explosives, 99 New York 

Avenue NE., Washington, DC 20226, 

(202) 648–7105. 

SUPPLEMENTARY INFORMATION: 

Background 

On August 7, 1992, the Office of 

Government Ethics (OGE) published the 

Standards of Ethical Conduct for 

Employees of the Executive Branch 

(OGE Standards). See 57 FR 35006– 

35067, as corrected at 57 FR 48557, 57 

FR 52483, and 60 FR 51167, with 

additional grace period extensions for 

certain existing provisions at 59 FR 

4779–4780, 60 FR 6390–6391, and 60 

FR 66857–66858. The OGE Standards, 

codified at 5 CFR part 2635, effective 

February 3, 1993, established uniform 

standards of ethical conduct that apply 

to all executive branch personnel. 

Section 2635.105 of the OGE Standards 

authorizes an agency, with the 

concurrence of OGE, to adopt agencyspecific supplemental regulations that 

are necessary to properly implement its 

ethics program. In 1995, the Department 

of the Treasury (Treasury), with OGE’s 

concurrence, established the 

Supplemental Standards of Ethical 

Conduct for Employees of the Treasury, 

which included additional rules for 

Bureau of Alcohol, Tobacco and 

Firearms employees. See 60 FR 22249– 

22255 (May 5, 1995), as codified at 5 

CFR part 3101. In 1997, the Department 

of Justice (DOJ), with OGE’s 

concurrence, established the 

Supplemental Standards of Ethical 

Conduct for Employees of the 

Department of Justice (Supplemental 

Standards). See 62 FR 23941–23943 

(May 2, 1997), as codified at 5 CFR part 

3801. 

On November 25, 2002, the President 

signed into law the Homeland Security 

Act of 2002, Public Law 107–296, 116 

Stat. 2135. Title XI, Subtitle B, Section 

1111 of the Act which was effective 

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44262 Federal Register / Vol. 79, No. 147 / Thursday, July 31, 2014 / Rules and Regulations 

January 24, 2003, transferred the 

‘‘authorities, functions, personnel, and 

assets’’ of the Treasury’s Bureau of 

Alcohol, Tobacco and Firearms (the 

Bureau), to DOJ, with the exception of 

certain enumerated authorities retained 

by Treasury. Section 1111 of the Act 

(later transferred in relevant part and 

codified at 28 U.S.C. 599A) further 

provided that the Bureau retains its 

identity as a distinct entity within DOJ 

known as the Bureau of Alcohol, 

Tobacco, Firearms and Explosives 

(ATF). The authorities retained by 

Treasury include the administration and 

enforcement of chapters 51 and 52 of 

the Internal Revenue Code of 1986, 

sections 4181 and 4182 of the Internal 

Revenue Code of 1986, and title 27 of 

the United States Code. The functions 

retained by Treasury became the 

responsibility of a new Alcohol and 

Tobacco Tax and Trade Bureau (TTB). 

As part of the separation, title 27 of 

the Code of Federal Regulations (CFR) 

was reorganized into two chapters, 

chapter I for TTB and chapter II for 

ATF. Reorganization of Title 27, Code of 

Federal Regulations, 68 FR 3744 (Jan. 

24, 2003). The regulations were divided 

between the two chapters based upon 

the respective authorities of Treasury 

and DOJ. 

At that time, DOJ did not amend its 

Supplemental Standards to incorporate 

Treasury’s existing rules for employees 

of the Bureau. However, pursuant to 

section 1111(c)(1) of the Homeland 

Security Act, and 28 U.S.C. 599A(c)(1), 

the authorities and functions of the 

Bureau that the Secretary of the 

Treasury previously exercised when the 

Bureau was part of Treasury have been 

transferred to DOJ. Accordingly, the 

restrictions of section 3101.105 have 

continued to be applicable to ATF 

employees pursuant to this transfer of 

authorities. However, DOJ has now 

determined that it is appropriate to 

incorporate in its Supplemental 

Standards Treasury’s existing regulatory 

restrictions for ATF employees at 5 CFR 

3101.105. 

Final Rule 

This final rule incorporates the 

existing provisions of 5 CFR 3101.105 

into the Supplemental Standards in a 

new section 3801.107. This action 

carries forward the prohibited financial 

interests rule that had initially been 

adopted when ATF was part of 

Treasury, and that has continued to be 

applicable to ATF employees after the 

transfer of ATF to DOJ. Now that ATF 

is part of DOJ, DOJ has determined that 

continuing to prohibit ATF employees 

from having financial interests in the 

alcohol, tobacco, firearms, or explosives 

industries is necessary for successful 

implementation of its ethics program. 

Prohibiting ATF employees from having 

financial interests in entities that are 

regulated or inspected by or closely 

connected to the work of ATF is 

important for three reasons: (1) To 

maintain ATF’s appearance of 

impartiality and objectivity in the 

execution of its regulatory and law 

enforcement functions; (2) to eliminate 

a regulated entity’s concern that 

sensitive information provided to ATF 

might be misused for private gain; and 

(3) to avoid the large-scale recusal of 

employees from official matters 

resulting in an inability of ATF to fulfill 

its mission. 

Accordingly, the final rule 

incorporates those applicable ethics 

standards directly into the DOJ 

regulations. However, the new language 

in section 3801.107(b) regarding the 

granting of regulatory waivers omits 

reference to a provision of the Internal 

Revenue Code (26 U.S.C. 7214(b)) that 

no longer applies to ATF employees and 

substitutes new clarifying language that 

gives the agency designee authority to 

grant a written waiver of the prohibition 

in paragraph (a) based on a 

determination that the waiver is not 

inconsistent with law and the OGE 

Standards, and otherwise meets the 

waiver standard previously established 

in section 3101.105(b). 

Additionally, this final rule will 

designate ATF as a separate agency for 

purposes of applying the gifts and the 

teaching, speaking, and writing 

provisions of the OGE Standards. 

Pursuant to section 2635.203(a) of the 

OGE Standards, an executive 

department, with the concurrence of 

OGE, may designate any component that 

exercises distinct and separate functions 

as a separate agency for the purpose of 

applying the rules governing the 

solicitation or acceptance of gifts from 

prohibited sources or given because of 

official position. See 5 CFR 2635.201– 

2635.205. Pursuant to section 

2635.807(a)(2)(ii) of the OGE Standards, 

any component so designated is also 

considered a separate agency for the 

purpose of applying the rules governing 

the receipt of compensation by an 

employee for teaching, speaking, and 

writing. DOJ has determined that ATF 

exercises distinct and separate functions 

for purposes of applying sections 

2635.201–2635.205 and section 

2635.807(a)(2)(ii). 

Statutory and Executive Order Reviews 

Executive Order 12866 and Executive 

Order 13563 

This rule has been drafted and 

reviewed in accordance with Executive 

Order 12866, ‘‘Regulatory Planning and 

Review’’ section 1(b), Principles of 

Regulation and in accordance with 

Executive Order 13563, ‘‘Improving 

Regulations and Regulatory Review,’’ 

section 1(b) General Principles of 

Regulation and section 6 Retrospective 

Analyses of Existing Rules. This rule is 

limited to agency organization, 

management, or personnel matters as 

described by Executive Order 12866, 

section 3(d)(3) and, therefore, is not a 

‘‘regulation’’ or ‘‘rule’’ as defined by that 

Executive Order 12866. 

This rule will not have an annual 

effect on the economy of $100 million 

or more, nor will it adversely affect in 

a material way the economy, a sector of 

the economy, productivity, competition, 

jobs, the environment, public health or 

safety, or State, local, or tribal 

government or communities. 

Accordingly, this rule is not an 

‘‘economically significant’’ rulemaking 

as defined in Executive Order 12866. 

Administrative Procedure Act (APA) 

Notice and comment rulemaking is 

not required for this final rule. Under 

the APA, ‘‘rules of agency organization, 

procedure or practice,’’ 5 U.S.C. 

553(b)(3)(A), that do not ‘‘affect 

individual rights and obligations,’’ 

Morton v. Ruiz, 415 U.S. 199, 232 

(1974), are exempt from the general 

notice and comment requirements of 

section 553. See JEM Broadcasting Co. v. 

FCC, 22 F.3d 320, 326 (D.C. Cir. 1994) 

(section 553(b)(3)(A) applies to ‘‘agency 

actions that do not themselves alter the 

rights or interests of parties, although 

[they] may alter the manner in which 

the parties present themselves or their 

viewpoints to the agency’’). The 

revisions to the regulations in 5 CFR 

part 3801 are purely a matter of agency 

organization, procedure, and practice 

that will not affect individual rights and 

obligations. Furthermore, internal 

delegations of authority are subject to an 

exception under the APA for ‘‘rules of 

agency organization, procedure, or 

practice.’’ 

Regulatory Flexibility Act 

The Attorney General, in accordance 

with the Regulatory Flexibility Act, 5 

U.S.C. 605(b), has reviewed this rule 

and, by approving it, certifies that it will 

not have a significant economic impact 

on a substantial number of small entities 

because it pertains to personnel and 

administrative matters affecting the 

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Federal Register / Vol. 79, No. 147 / Thursday, July 31, 2014 / Rules and Regulations 44263 

Department. Further, a Regulatory 

Flexibility Analysis is not required for 

this final rule because the Department 

was not required to publish a general 

notice of proposed rulemaking for this 

matter. 

Executive Order 12988 

This regulation meets the applicable 

standards set forth in sections 3(a) and 

3(b)(2) of Executive Order 12988, Civil 

Justice Reform. 

Executive Order 13132 

This rule will not have substantial 

direct effects on the States, on the 

relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government. Therefore, in 

accordance with Executive Order 13132, 

Federalism, the Department has 

determined that this rule does not have 

sufficient federalism implications to 

warrant the preparation of a federalism 

summary impact statement. 

Unfunded Mandates Reform Act of 1995 

This rule will not 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, and it will not 

significantly or uniquely affect small 

governments. Therefore, no actions are 

necessary under the provisions of the 

Unfunded Mandates Reform Act of 

1995, 2 U.S.C. 1501 et seq. 

Small Business Regulatory Enforcement 

Fairness Act of 1996 

This rule is not a major rule as 

defined by section 251 of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (SBREFA), 5 U.S.C. 

804. This rule will not result in an 

annual effect on the economy of $100 

million or more; a major increase in 

costs or prices; or significant adverse 

effects on competition, employment, 

investment, productivity, innovation, or 

the ability of United States-based 

enterprises to compete with foreignbased enterprises in domestic and 

export markets. 

This action pertains to agency 

management, personnel, and 

organization and does not substantially 

affect the rights or obligations of nonagency parties. Accordingly, it is not a 

rule for purposes of the reporting 

requirement of 5 U.S.C. 801. 

Paperwork Reduction Act 

This proposed rule does not impose 

any new reporting or recordkeeping 

requirements under the Paperwork 

Reduction Act. 

Congressional Review Act 

The Department of Justice has 

determined that this action pertains to 

agency management and, accordingly, is 

not a ‘‘rule’’ as that term is used by the 

Congressional Review Act (CRA), 

(Subtitle E of the Small Business 

Regulatory Enforcement Fairness Act, 

(SBREFA)). Therefore, the reports to 

Congress and the General Accounting 

Office specified by section 801 of 

SBREFA are not required. 

Drafting Information 

The author of this document is Denise 

R. Brown, Office of Regulatory Affairs, 

Enforcement Programs and Services, 

Bureau of Alcohol, Tobacco, Firearms, 

and Explosives. 

List of Subjects in 5 CFR Part 3801 

Conflicts of interest. 

Authority and Issuance 

Accordingly, for the reasons 

discussed in the preamble, the 

Department of Justice, with the 

concurrence of the Office of 

Government Ethics, is amending 5 CFR 

part 3801 as follows: 

PART 3801—SUPPLEMENTAL 

STANDARDS OF ETHICAL CONDUCT 

FOR EMPLOYEES OF THE 

DEPARTMENT OF JUSTICE 

■ 1. The authority citation for 5 CFR 

part 3801 is revised to read as follows: 

Authority: 5 U.S.C. 301, 7301; 5 U.S.C. 

App.; 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; E.O. 

12988, 61 FR 4739; 5 CFR 2635.105, 

2635.203(a), 2635.403(a), 2635.701–2635.705, 

2635.803, 2635.807(a)(2)(ii); and DOJ Order 

1200.1, Chap 11–1. 

§ 3801.103 [Amended] 

■ 2. Section 3801.103(a) is amended by 

adding ‘‘Bureau of Alcohol, Tobacco, 

Firearms, and Explosives (ATF)’’ 

between ‘‘Antitrust Division’’ and 

‘‘Bureau of Prisons (including Federal 

Prison Industries, Inc.)’’ on the list of 

‘‘Designation of separate Departmental 

components’’ within the Department of 

Justice. 

■ 3. Section 3801.107 is added to read 

as follows: 

§ 3801.107 Additional rules for Bureau of 

Alcohol, Tobacco, Firearms, and Explosives 

employees. 

The following rules apply to the 

employees of the Bureau of Alcohol, 

Tobacco, Firearms, and Explosives and 

are in addition to §§ 3801.101 through 

3801.106: 

(a) Prohibited financial interests. 

Except as provided in this section, no 

employee of ATF, or spouse or minor 

child of an ATF employee, shall have, 

directly or indirectly, any financial 

interest, including compensated 

employment, in the alcohol, tobacco, 

firearms or explosives industries. The 

term financial interest is defined in 

§ 2635.403(c) of this title. 

(b) Waiver. An agency designee, with 

the advice and legal clearance of the 

Deputy Designated Agency Ethics 

Official, may grant a written waiver of 

the prohibition in paragraph (a) of this 

section on a determination that the 

waiver is not inconsistent with part 

2635 of this title or otherwise prohibited 

by law and that, in the mind of a 

reasonable person with knowledge of 

the particular circumstances, the 

financial interest will not create an 

appearance of misuse of position or loss 

of impartiality, or call into question the 

impartiality and objectivity with which 

ATF’s programs are administered. A 

waiver under this paragraph (b) may 

require appropriate conditions, such as 

execution of a written disqualification. 

Dated: July 23, 2014. 

Lee J. Lofthus, 

Assistant Attorney General for 

Administration. 

Dated: July 24, 2014. 

Walter M. Shaub, Jr., 

Director, Office of Government Ethics. 

[FR Doc. 2014–18028 Filed 7–30–14; 8:45 am] 

BILLING CODE 4410–CW–P 

DEPARTMENT OF AGRICULTURE 

Animal and Plant Health Inspection 

Service 

9 CFR Parts 56, 145, 146, and 147 

[Docket No. APHIS–2011–0101] 

RIN 0579–AD83 

National Poultry Improvement Plan and 

Auxiliary Provisions 

Correction 

In rule document 2014–16037 

appearing on pages 38752–38768 in the 

issue of Wednesday, July 9, 2014, make 

the following correction: 

§ 147.21 [Corrected] 

■ 1. In section 147.21, on page 38766, in 

the second column, the thirty-seventh 

through fortieth lines should read: 

‘‘Program Standards, as defined in 

§ 147.51. Sanitation procedures may 

also be approved by the Administrator 

in accordance with § 147.53(d)(2).’’ 

[FR Doc. C1–2014–16037 Filed 7–30–14; 8:45 am] 

BILLING CODE 1505–01–D 

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