Federal Register / Vol. 63, No. 115 /Tuesday, June 16, 1998 /Rules and Regulations 32733

COMMODITY FUTURES TRADING

COMMISSION

17 CFR Part 140

Amendment to Regulation Concerning

Conduct of Members and Employees

and Former Members and Employees

of the Commission; Receipt and

Disposition of Foreign Gifts and

Decorations

AGENCY: Commodity Futures Trading

Commission.

ACTION: Final amendment.

SUMMARY: The Commodity Futures

Trading Commission (‘‘Commission’’ or

‘‘CFTC’’) is amending a provision of its

regulations, 17 CFR 140.735–4 (1998),

which sets forth the responsibilities of

Commission members and employees

concerning the receipt and disposition

of gifts and decorations from foreign

governments. The Commission adopted

this regulation in 1982 to comply with

the Foreign Gifts and Decorations Act, 5

U.S.C. 7342 (1994). The amendment

clarifies the fact that gifts of travel

expenses in excess of minimal value

must be reported to and approved by the

CFTC’s Executive Director in

accordance with the procedures set

forth in the Commission’s regulation

whereas the receipt of travel benefits or

expenses for services rendered need not

be reported. The Commission is

publishing this amendment in final

form without soliciting comments

pursuant to 5 U.S.C. 553(b)(3) because it

involves a rule of agency procedure and

does not alter current requirements.

Therefore, notice and public procedure

would be unnecessary.

EFFECTIVE DATE: June 16, 1998.

FOR FURTHER INFORMATION CONTACT:

George Wilder, Office of General

Counsel, Commodity Futures Trading

Commission, Three Lafayette Centre,

1155 21st Street, NW., Washington, DC

20581, (202) 418–5120, or electronically

at gwilder@cftc.gov.

SUPPLEMENTARY INFORMATION: The

Commission amends its regulation

concerning the receipt and disposition

of foreign gifts and decorations to

conform more clearly to the statutory

provisions enacted by Congress. This

amendment clarifies that an employee,

which includes the spouse of a

Commission member or employee, need

not report his or her acceptance of travel

benefits or expenses provided in

exchange for services rendered. This

situation is most likely to arise when the

spouse of a Commission member or

employee provides services to a foreign

government or other organization

described in Rule 140.735–4. In such

circumstances, the acceptance of travel

expenses will not trigger the reporting

requirements of the Commission’s

regulation.

The Commission finds that this rule

amendment relates solely to agency

organization, procedure and practice.

Therefore, the provisions of the

Administrative Procedure Act, 5 U.S.C.

553, generally requiring notice of

proposed rulemaking and opportunity

for public comment, are not applicable.

The Commission further finds that,

because the amendment does not alter

current requirements and only affects

Commission members and employees

who will be notified by internal means,

there is good cause to make this

amendment effective upon publication

in the Federal Register.

The Regulatory Flexibility Act

(‘‘RFA’’), 5 U.S.C. 601–611 (1994 and

Supp. II (1996)), requires that agencies,

in proposing rules, consider the impact

of those rules on small businesses.

Section 3(a) of the RFA defines the term

‘‘rule’’ to mean ‘‘any rule for which the

agency publishes a general notice of

proposed rulemaking pursuant to

section 553(b) of this title * * * for

which the agency provides an

opportunity for notice and public

comment.’’ 5 U.S.C. § 601(2). Since the

amendment to the Commission’s

regulation was not effected pursuant to

Section 553(b), it is not a ‘‘rule’’ as

defined in the RFA, and the analysis

and certification process required by

that statue does not apply.

List of Subjects in 17 CFR Part 140

Organization and functions

(Government agencies).

In consideration of the foregoing, the

Commission amends Title 17, Part 140

of the Code of Federal Regulations as

follows:

PART 140—ORGANIZATION,

FUNCTIONS, AND PROCEDURES OF

THE COMMISSION

Subpart C—Regulation Concerning

Conduct of Members and Employees

and Former Members and Employees

of the Commission

1. The authority citation for Part 140

continues to read as follows:

Authority: 7 U.S.C. 4a (f) and (j), 12a(5),

and 13.

2. Section 140.735–4 is amended by

revising paragraphs (b)(3) and (c)(5)

introductory text to read as follows:

§ 140.735–4 Receipt and disposition of

foreign gifts and decorations.

* * * * *

(b) * * *

* * * * *

(3) Accept gifts of travel or gifts of

expenses for travel, such as

transportation, food and lodging, from

foreign governments, other than those

authorized in paragraph (c)(5) of this

section; or

* * * * *

(c) * * *

* * * * *

(5) Commission members and

employees are authorized to accept from

a foreign government gifts of travel or

gifts of expenses for travel taking place

entirely outside the United States, such

as transportation, food and lodging, of

more than minimal value if the

acceptance is approved by the Executive

Director, upon a finding that it is

consistent with the interests of the

Commission. Either prior to or within

30 days after accepting each gift of

travel or gift of travel expenses pursuant

to this paragraph, the Commission

member or employee concerned shall

file a statement with the Executive

Director containing the following

information:

* * * * *

Dated: June 5, 1998.

Issued by the Commission.

Jean A. Webb,

Secretary of the Commission, Commodity

Futures Trading Commission.

[FR Doc. 98–15720 Filed 6–15–98; 8:45 am]

BILLING CODE 6351–01–M

DEPARTMENT OF HEALTH AND

HUMAN SERVICES

Food and Drug Administration

21 CFR Part 10

[Docket No. 98N–0361]

Administrative Practices and

Procedures; Internal Review of Agency

Decisions

AGENCY: Food and Drug Administration,

HHS.

ACTION: Direct final rule.

SUMMARY: The Food and Drug

Administration (FDA) is amending its

regulations governing the review of

agency decisions by inserting a

statement that sponsors, applicants, or

manufacturers of drugs (including

biologics) or devices may request review

of a scientific controversy by an

appropriate scientific advisory panel, or

an advisory committee. This action is

being taken to clarify the availability of

review of scientific controversies by

such advisory panels and committees.