34258 Federal Register / Vol. 63, No. 121 /Wednesday, June 24, 1998 /Rules and Regulations

because it pertains only to Federal

agencies and employees.

Executive Order 12866, Regulatory

Review

This rule has been reviewed by the

Office of Management and Budget in

accordance with Executive Order 12866.

List of Subjects in 5 CFR Parts 317 and

335

Government employees.

U.S. Office of Personnel Management.

Janice R. Lachance,

Director.

Accordingly, OPM is amending 5 CFR

part 317 as follows:

PART 317—EMPLOYMENT IN THE

SENIOR EXECUTIVE SERVICE

1. The authority citation for part 317

continues to read as follows:

Authority: 5 U.S.C. 3392, 3393, 3393a,

3395, 3397, 3593, and 3595.

2. In § 317.901, the text in paragraph

(c) and (c)(1) is republished for the

convenience of the reader, paragraph

(c)(2) is revised to read as follows:

§ 317.901 Reassignments.

* * * * *

(c) A career appointee may not be

involuntarily reassigned within 120

days after the appointment of the head

of an agency, or within 120 days after

the appointment of the career

appointee’s most immediate supervisor

who is a noncareer appointee and who

has the authority to make an initial

appraisal of the career appointee’s

performance under subpart C of part 430

of this chapter.

(1) In this paragraph—

(i) Head of an agency means the head

of an executive or military department

or the head of an independent

establishment.

(ii) Noncareer appointee includes an

SES noncareer or limited appointee, an

appointee in a position filled by

Schedule C, or an appointee in an

Executive Schedule or equivalent

position that is not required to be filled

competitively.

(2) These restrictions do not apply to

the involuntary reassignment of a career

appointee under 5 U.S.C. 4314(b)(3)

based on a final performance rating of

‘‘Unsatisfactory’’ that was issued before

the appointment of a new agency head

or a new noncareer supervisor as

defined in paragraph (c)(1) of this

section. If a moratorium is already

underway at the time the final rating is

issued, then that moratorium must be

completed before the reassignment

action can be effected.

PART 335—PROMOTION AND

INTERNAL PLACEMENT

2. The authority citation for part 335

continues to read as follows:

Authority: 5 U.S.C. 3301, 3302, 3330, and

E.O. 10577 (3 CFR 1957–58 Comp., p. 218).

3. In § 335.103(c)(3) the text is

republished for the convenience of the

reader, a new paragraph (c)(3)(vii) is

added to read as follows.

§ 335.103 Agency Promotion Programs.

* * * * *

(c) * * *

(3) Discretionary actions. Agencies

may at their discretion except the

following actions from competitive

procedures of this section:

* * * * *

(vii) Appointments of career SES

appointees with competitive service

reinstatement eligibility to any position

for which they qualify in the

competitive service at any grade or

salary level, including Senior-Level

positions established under 5 CFR Part

319—Employment in Senior-Level and

Scientific and Professional positions.

[FR Doc. 98–16825 Filed 6–23–98; 8:45 am]

BILLING CODE 6325–01–P

DEPARTMENT OF THE INTERIOR

5 CFR Part 3501

43 CFR Part 20

RINS 1090–AA38, 3209–AA15

Supplemental Standards of Ethical

Conduct for Employees of the

Department of the Interior and

Residual Employee Responsibilities

and Conduct Regulations

AGENCY: Department of the Interior

(Department).

ACTION: Final rule.

SUMMARY: The Department of the

Interior, with the concurrence of the

Office of Government Ethics (OGE), is

issuing a final rule for employees of the

Department that supplements the

Standards of Ethical Conduct for

Employees of the Executive Branch

(Standards) issued by OGE. This final

rule is a necessary supplement to the

Standards because it addresses ethical

issues unique to the Department. The

final rule adopts prior interim

regulations as final, with amendments

deleting the provision specifying the

title of an employee to serve as the

Designated Agency Ethics Official and a

typographical correction. The portion of

the interim rule concerning the

Department’s separate employee

responsibilities and conduct regulation

is being amended by this final rule by

changing the reference to the Designated

Agency Ethics Official as well and by

making technical revisions to the

authority citation.

EFFECTIVE DATE: June 24, 1998.

FOR FURTHER INFORMATION CONTACT:

Mason Tsai or Linda T. Sullivan,

Department Ethics Office, (202) 208–

5916.

SUPPLEMENTARY INFORMATION:

I. Background

On August 7, 1992, the Office of

Government Ethics published the

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), 61 FR 50689–50691 (interim

rule revisions adopted as final at 62 FR

12531), and 62 FR 48746–48748, 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 and effective February 3, 1993,

establish uniform standards of ethical

conduct for executive branch personnel.

On October 16, 1997, the Department,

with OGE’s concurrence, issued an

interim rule with a request for

comments, setting forth the

Supplemental Standards of Ethical

Conduct for Employees of the

Department of the Interior and revising

the Department’s employee

responsibilities and conduct regulations

at 43 CFR part 20. See 62 FR 53713–

53726. The Department’s separate

employee responsibilities and conduct

regulations at 43 CFR part 20 had

previously been revised in a final rule

published on June 10, 1993 at 58 FR

32446–32449. The interim rule

prescribed a 60-day comment period

and invited comments from all

interested parties. The Department

received no comments in response to its

requests for comments on the interim

rule. The comment period closed on

December 15, 1997.

The Department, with OGE’s

concurrence, is now publishing as final,

with a few minor technical

amendments, the interim Supplemental

Standards of Conduct for Employees of

the Department of the Interior and the

Department’s separate employee

responsibilities and conduct interim

regulations. The Department has

determined that these supplemental

regulations are necessary to the success

of its ethics program.
Federal Register / Vol. 63, No. 121 /Wednesday, June 24, 1998 /Rules and Regulations 34259

II. Analysis of Amendments

This final rule amends two provisions

in the interim rule which are located at

5 CFR 3501.101(b)(3) and 43 CFR

20.201(a), respectively, dealing with the

designation of the Department’s

Designated Agency Ethics Official.

These two provisions in the interim rule

state that ‘‘Designated Agency Ethics

Official’’ (DAEO) means the Assistant

Secretary—Policy, Management and

Budget.

Because future administrations and

reorganizations may change the position

title of the Assistant Secretary—Policy,

Management and Budget, or result in

the DAEO responsibilities being

assigned to an employee in a different

position, the Department has

determined that it is not practical or

cost efficient to publish in this rule the

title of the officer who has been

assigned the responsibilities of the

DAEO. As a result, the final rule in 5

CFR 3501.101(b)(3) has been amended

to delete the provision specifying the

title of the employee who serves as the

DAEO. As the procedure for designation

of the DAEO is already referenced in the

definition section of the Standards at 5

CFR 2635.102(f), no substitute for the

deleted supplemental provision is

necessary. In the Department’s separate

residual regulation at 43 CFR 20.201(a),

the final rule has been amended to read

that the DAEO means the official

designated under 5 CFR 2638.201 to

coordinate and manage the

Department’s ethics program. The

authority citation to the Department’s

residual regulation is also being revised

by adding a reference to 5 U.S.C. 7301

and by revising the citation to 43 U.S.C.

31 to 43 U.S.C. 31(a). Other than these

amendments to the Department’s

residual regulation, the final rule adopts

the revisions to the Department’s

residual regulation made in the interim

rule without change.

III. Correction of Typographical Error

The Department is also correcting in

this final rule a typographical error that

appeared in the interim rule which was

published in the Federal Register on

October 16, 1997 (62 FR 53720). The

citation mentioned in 5 CFR

3501.105(b)(4)(ii)(E) is incorrect and is

being amended to read ‘‘(b)(4)(ii) (A)

through (D) of this section.’’

IV. Matters of Regulatory Procedure

Executive Order 12886

In promulgating this final rule, the

Department 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 regulation has not been reviewed

by the Office of Management and

Budget under that Executive Order since

it deals with agency organization,

management, and personnel matters and

is not, in any event, deemed

‘‘significant’’ thereunder.

Administrative Procedure Act

The Department has found good

cause, pursuant to 5 U.S.C. 553(d)(3), for

waiving the 30-day delay in

effectiveness as to this final rule. The

reason for this determination is that it

is important that these minor technical

amendments effective as soon as

possible.

Regulatory Flexibility Act

The Department has determined that

these regulations will not have a

significant economic impact on a

substantial number of small entities

within the meaning of the Regulatory

Flexibility Act (5 U.S.C. 605).

Paperwork Reduction Act

The Department has determined that

these regulations do not contain any

information collection requirements that

require the approval of the Office of

Management and Budget pursuant to the

Paperwork Reduction Act (44 U.S.C.

chapter 35).

List of Subjects in 5 CFR Part 3501 and

43 CFR Part 20

Conflict of interests, Government

employees.

Dated: June 11, 1998.

John D. Leshy,

Solicitor, Department of the Interior.

Approved: June 17, 1998.

Stephen D. Potts,

Director, Office of Government Ethics.

Accordingly, for the reasons set forth

in the preamble, the Department of the

Interior, with the concurrence of the

Office of Government Ethics, is adopting

the interim rule adding 5 CFR chapter

XXV, consisting of part 3501, and

amending 43 CFR part 20 which was

published at 62 FR 53713–53726 on

October 16, 1997, as a final rule with the

following changes:

CHAPTER XXV—DEPARTMENT OF

THE INTERIOR

PART 3501—SUPPLEMENTAL

STANDARDS OF ETHICAL CONDUCT

FOR EMPLOYEES OF THE

DEPARTMENT OF THE INTERIOR

1. The authority citation for part 3501

continues to read as follows:

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

App. (Ethics in Government Act of 1978); 30

U.S.C. 1211; 43 U.S.C. 11, 31(a); E.O. 12674,

3 CFR, 1989 Comp., p. 215, as modified by

E.O. 12731, 3 CFR, 1990 Comp., p. 306; 5

CFR 2635.105, 2635.203(a), 2635.403(a),

2635.803.

§ 3501.101 [Amended]

2. Section 3501.101 is amended by

removing paragraph (b)(3) and

redesignating paragraphs (b)(4) and

(b)(5) as paragraphs (b)(3) and (b)(4),

respectively.

§ 3501.105 [Amended]

3. Section 3501.105 is amended by

removing the cross-reference ‘‘(c)(4)(ii)

(A) through (D)’’ in paragraph

(b)(4)(ii)(E) and adding in its place the

cross-reference ‘‘(b)(4)(ii)(A) through

(D)’’.

TITLE 43—[AMENDED]

SUBTITLE A—[AMENDED]

PART 20—EMPLOYEE

RESPONSIBILITIES AND CONDUCT

4. The authority citation for part 20 is

revised to read as follows:

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

App. (Reorganization Plan No. 3 of 1950); 30

U.S.C. 1211; 43 U.S.C. 11, 31(a); 5 CFR

2634.903, 2634.905.

5. Section 20.201 is amended by

revising paragraph (a) to read as follows:

§ 20.201 Ethics officials.

(a) Designated Agency Ethics Official

refers to the official designated under 5

CFR 2638.201 to coordinate and manage

the Department’s ethics program.

* * * * *

[FR Doc. 98–16688 Filed 6–23–98; 8:45 am]

BILLING CODE 4310–10–M

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection

Service

9 CFR Part 50

[Docket No. 98–033–1]

Tuberculosis in Cattle, Bison, and

Captive Cervids; Indemnity for

Suspects

AGENCY: Animal and Plant Health

Inspection Service, USDA.

ACTION: Interim rule and request for

comments.

SUMMARY: We are amending the

regulations concerning animals

destroyed because of tuberculosis to

provide for the payment of Federal

indemnity to owners of cattle, bison,

and captive cervids that have been