[Federal Register Volume 66, Number 10 (Tuesday, January 16, 2001)]
[Rules and Regulations]
[Page 3439]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-1170]



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Rules and Regulations
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Federal Register / Vol. 66, No. 10 / Tuesday, January 16, 2001 / 
Rules and Regulations

[[Page 3439]]



OFFICE OF GOVERNMENT ETHICS

5 CFR Part 2604


Technical Amendments to Office of Government Ethics Freedom of 
Information Act Regulation: Change in Decisional Officials

AGENCY: Office of Government Ethics (OGE).

ACTION: Final rule; technical amendments.

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SUMMARY: The Office of Government Ethics is amending its Freedom of 
Information Act (FOIA) regulation to indicate a change in OGE 
decisional officials thereunder.

EFFECTIVE DATE: January 16, 2001.

FOR FURTHER INFORMATION CONTACT: William E. Gressman, Senior Associate 
General Counsel, Office of Government Ethics, telephone: 202-208-8000, 
ext. 1110; TDD: 202-208-8025; FAX: 202-208-8037.

SUPPLEMENTARY INFORMATION: The Office of Government Ethics is amending 
its FOIA regulation to indicate a restructuring of decisional authority 
for handling FOIA requests, appeals and related matters that OGE 
receives as a Federal agency. The OGE FOIA Officer (instead of the OGE 
General Counsel) now will decide initial access requests and related 
matters such as fees. Further, the OGE General Counsel (instead of the 
OGE Deputy Director) will decide administrative FOIA appeals.

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, opportunity for public comment and 30-
day delay in effectiveness as to these amendments.
    The notice, comment and delayed effective date provisions are being 
waived because these technical FOIA regulation amendments concern 
matters of agency organization, practice and procedure.

Executive Order 12866

    In promulgating these minor amendments, 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. These amendments have not been reviewed by the Office of 
Management and Budget under that Executive order, since they are 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.

Paperwork Reduction Act

    The Paperwork Reduction Act (44 U.S.C. chapter 35) does not apply 
because this amendatory rulemaking does not contain information 
collection requirements that require the approval of the Office of 
Management and Budget.

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 provided a report thereon to the Senate, 
House of Representatives and General Accounting Office in accordance 
with that law.

List of Subjects in 5 CFR Part 2604

    Administrative practice and procedure, Archives and records, 
Confidential business information, Conflict of interests, Freedom of 
information, Government employees.

    Approved: January 9, 2001.
Amy L. Comstock,
Director, Office of Government Ethics.

    Accordingly, the Office of Government Ethics, pursuant to its 
authority under the Ethics in Government Act and the Freedom of 
Information Act, is amending 5 CFR part 2604 as follows:

PART 2604--FREEDOM OF INFORMATION ACT RULES AND SCHEDULE OF FEES 
FOR THE PRODUCTION OF PUBLIC FINANCIAL DISCLOSURE REPORTS

    1. The authority citation for part 2604 continues to read as 
follows:

    Authority: 5 U.S.C. 552; 5 U.S.C. App. (Ethics in Government Act 
of 1978); E.O. 12600, 52 FR 23781, 3 CFR, 1987 Comp., p. 235.


    2. Section 2604.103 is amended by removing the definition of 
``General Counsel'', and by adding a new definition, for ``FOIA 
Officer'', to read as follows:


Sec. 2604.103  Definitions.

    FOIA Officer means the OGE employee designated to handle various 
initial FOIA matters, including requests and related matters such as 
fees.
* * * * *


Secs. 2604.301, 2604.302, 2604.303, 2604.305, 2604.402  [Amended]

    3. Sections 2604.301(a) and (b)(2), 2604.302(a) and (d), 
2604.303(a), (b) (introductory text) and (b)(2), 2604.305(a)(1) and 
(a)(2), and 2604.402(c) (introductory text), (c)(2), (e) (introductory 
text), (e)(3), (f), (g)(1) and (g)(4) are amended by removing the words 
``General Counsel'' wherever they appear and adding in their place in 
each instance the words ``FOIA Officer''.


Sec. 2604.304  [Amended]

    4. Section 2604.304(a) is amended by removing the words ``Deputy 
Director'' between the words ``the'' and ``of'' and adding in their 
place the words ``General Counsel''.

[FR Doc. 01-1170 Filed 1-12-01; 8:45 am]
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