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

66857

Vol. 60, No. 248

Wednesday, December 27, 1995

OFFICE OF GOVERNMENT ETHICS

5 CFR Part 2635

RINs 3209–AA04, 3209–AA15

Further Grace Period Extension for

Certain Existing Agency Standards of

Conduct

AGENCY: Office of Government Ethics

(OGE).

ACTION: Final rule; technical

amendment.

SUMMARY: The Office of Government

Ethics is granting a further

grandfathering grace period extension of

just over eight months for certain

existing executive agency standards of

conduct, dealing with financial interest

prohibitions and prior approval for

outside employment and activities,

which have been temporarily preserved.

This further action (two previous

extensions have been granted) is

necessary because many agencies still

have not been able to issue, with OGE

concurrence and co-signature, interim

or final supplemental regulations during

the prior grace periods. This further

extension will help ensure that agencies

which in conjunction with OGE are

actively working on draft supplementals

will have adequate time to issue, if they

so desire, successor regulatory

provisions to replace grandfathered

financial interest prohibitions and prior

approval requirements.

EFFECTIVE DATE: January 3, 1996.

FOR FURTHER INFORMATION CONTACT:

William E. Gressman, Office of

Government Ethics, telephone: 202–

523–5757, FAX: 202–523–6325.

SUPPLEMENTARY INFORMATION: The Office

of Government Ethics is granting under

the executive branch standards of

ethical conduct a further extension of

time for just over eight months, until

August 7, 1996, for certain agencies’

existing conduct standards dealing with

prohibited financial interests and prior

approval for outside employment and

activities. When OGE published its

ethical conduct standards for executive

branch employees in the Federal

Register on August 7, 1992 (as now

codified at 5 CFR part 2635), it provided

that most existing individual agency

standards of conduct would be

superseded once the executive

branchwide standards took effect on

February 3, 1993. However, OGE also

provided, by means of notes following

5 CFR 2635.403(a) and 2635.803, that

any existing agency standards dealing

with the two types of restrictions noted

above would be preserved for one year,

until February 3, 1994, or until the

agency concerned issued (with OGE

concurrence and co-signature) a

supplemental regulation, whichever

occurred first. See 57 FR 35006–35067,

as corrected at 57 FR 48557 and 52583

and 60 FR 51667. In February of 1994

and 1995, OGE extended that original

grace period for a total of a year and

eleven months, until January 3, 1996 (or

until agency issuance of a supplemental

regulation), for those executive branch

departments and agencies that had not

yet been able to issue final or interim

final successor rules. See 59 FR 4779–

4780 (February 2, 1994) and 60 FR

6390–6391 (February 2, 1995), as well as

appendixes A and B which were added

to part 2635.

Through OGE’s liaison efforts, the

Office of the Federal Register (OFR) has

assigned new chapters, including parts,

at the end of title 5 of the Code of

Federal Regulations to accommodate

agencies’ future supplemental standards

regulations (on these two and other

appropriate subject areas), as well as

any supplemental agency regulations

under OGE’s executive branchwide

financial disclosure provisions at 5 CFR

part 2634. Almost 60 agencies have had

such chapters reserved, including those

which have by now already issued, with

OGE concurrence and co-signature,

interim final or final supplemental

ethics regulations. However, many

agencies have still not yet had the time

to issue their planned supplemental

standards regulations in interim or final

form.

The Office of Government Ethics has

therefore determined to permit a further

preservation of existing agency

regulatory standards of conduct setting

forth financial interest prohibitions and

outside employment and activities prior

approval requirements for just over

eight more months, until August 7, 1996

(or until issuance by each agency of its

supplemental regulation, whichever

comes first), for those agencies which

are actively working in conjunction

with OGE on draft supplemental

standards regulations. The agencies

subject to this further grandfathering

grace period extension (including the

Social Security Administration which

statutorily separated from the

Department of Health and Human

Services during the past year), as

provided in the notes (which are hereby

being further amended) following 5 CFR

2635.403(a) and 2635.803, are

enumerated at new appendix C which

OGE is adding to part 2635. The

agencies are listed in the order of the

assignment of their chapter numbers at

the end of 5 CFR. Agencies not listed

either have not expressed an interest in

issuing supplemental agency ethics

regulations, have indicated to OGE that

they are no longer interested in a further

grace period extension, or have already

issued final or interim final

supplemental standards.

The Office of Government Ethics

notes that it is not by this rulemaking

setting a deadline for agencies to submit

supplemental ethics regulations.

Agencies can, with OGE concurrence

and co- signature, issue supplementals

at any time. Further, they can, at any

time, have new title 5 CFR chapters

reserved through OGE and OFR for such

purpose if they have not already done

so. Moreover, if an agency’s prohibited

financial interest (and/or prior approval)

restrictions are based on a separate

statute, they are not superseded by the

5 CFR part 2635 executive branchwide

standards. If any related regulatory

provisions were located in its old

agency standards of conduct, the agency

concerned could, after consultation with

OGE, retain them in their existing place

in the agency’s own CFR title and

chapter or move the provisions to

another appropriate part of its

regulations. See 5 CFR 2635.105(c)(3).

Only prior standards of conduct

provisions that are purely regulatory in

nature are subject to supersession from

the executive branchwide regulation at

5 CFR part 2635, with entitlement to the

successive grace periods for the two

enumerated types of provisions as

provided in the further amended notes
66858 Federal Register / Vol. 60, No. 248 / Wednesday, December 27, 1995 / Rules and Regulations

at §§ 2635.403(a) and 2635.803 as well

as appendixes A, B and C.

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 and 30-day delay in

effectiveness as to this further grace

period extension. The notice and

delayed effective date are being waived

because this rulemaking concerns a

matter of agency organization, practice

and procedure. Furthermore, it is in the

public interest that those agencies

concerned have adequate time to

promulgate successor provisions to

another their existing standards of

conduct regulations in these two areas

without a lapse in necessary regulatory

restrictions.

Executive Order 12866

In promulgating this grace period

extension technical amendment, the

Office of Government Ethics 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 amendment

has not been reviewed by the Office of

Management and Budget under that

Executive order, as it is not deemed

‘‘significant’’ thereunder.

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 rulemaking does not

contain information collection

requirements that require the approval

of the Office of Management and

Budget.

List of Subjects in 5 CFR Part 2635

Conflict of interests, Government

employees.

Approved: December 14, 1995.

Stephen D. Potts,

Director, Office of Government Ethics.

Accordingly, pursuant to its authority

under title IV of the Ethics in

Government Act and Executive Order

12674/12731, the Office of Government

Ethics is amending 5 CFR part 2635 as

follows:

PART 2635—[AMENDED]

1. The authority citation for part 2635

continues to read as follows:

Authority: 5 U.S.C. 7351, 7353; 5 U.S.C.

App. (Ethics in Government Act of 1978);

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.

2. The notes following both

§§ 2635.403(a) and 2635.803 are

amended by adding a new sentence at

the end of each to read as follows:

Note: * * * Provided still further, that for

those agencies listed in appendix C to this

part, the grace period for any such existing

provisions shall be further extended until

August 7, 1996 or until issuance by each

individual agency concerned of a

supplemental regulation, whichever occurs

first.

3. A new appendix C is added at the

end of part 2635 to read as follows:

Appendix C to Part 2635—Agencies

Entitled to Another Further (Third)

Grace Period Extension Pursuant to

Notes Following §§ 2635.403(a) and

2635.803

1. Department of the Treasury

2. Department of Energy

3. Federal Energy Regulatory Commission

4. Department of the Interior

5. Department of Commerce

6. Department of Justice

7. Federal Communications Commission

8. Securities and Exchange Commission

9. Office of Personnel Management

10. Thrift Depositor Protection Oversight

Board

11. United States Information Agency

12. Occupational Safety and Health Review

Commission

13. Department of State

14. Department of Labor

15. National Science Foundation

16. Small Business Administration

17. Department of Health and Human

Services

18. Department of Transportation

19. Pension Benefit Guaranty Corporation

20. Environmental Protection Agency

21. National Transportation Safety Board

22. General Services Administration

23. Board of Governors of the Federal Reserve

System

24. National Labor Relations Board

25. Equal Employment Opportunity

Commission

26. Department of Housing and Urban

Development

27. National Archives and Records

Administration

28. Peace Corps

29. Tennessee Valley Authority

30. Consumer Product Safety Commission

31. Executive Office of the President

32. Department of Agriculture

33. Federal Mine Safety and Health Review

Commission

34. Agency for International Development

35. Social Security Administration

[FR Doc. 95–31280 Filed 12–26–95; 8:45 am]

BILLING CODE 6345–01–U

DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 923

[Docket No. FV94–923–1FR]

Sweet Cherries Grown in Designated

Counties in Washington:

Establishment of Minimum Size and

Maturity Requirements for Rainier

Variety Cherries

AGENCY: Agricultural Marketing Service,

USDA.

ACTION: Correction amendment.

SUMMARY: This docket contains a

correction to the final regulation which

was published Tuesday, June 21, 1994,

(59 FR 31917). The final rule established

a minimum size requirement of 11 row

size (61/64 inch diameter) and a

minimum maturity requirement of 17

percent soluble solids for Rainier variety

cherries that can be shipped to fresh

market outlets. The rule inadvertently

omitted some regulatory text, and this

action corrects those errors.

EFFECTIVE DATE: The correcting

amendments are effective December 27,

1995.

FOR FURTHER INFORMATION CONTACT:

Britthany E. Beadle, Marketing

Specialist, Marketing Order

Administration Branch, Fruit and

Vegetable Division, AMS, USDA, room

2523–S., P.O. Box 96456, Washington,

DC 20090–6456; telephone: (202) 720–

5127 or FAX (202) 720–5698; or Teresa

Hutchinson, Marketing Specialist,

Northwest Marketing Field Office, Fruit

and Vegetable Division, AMS, USDA,

1220 S.W. Third Avenue, room 369,

Portland, OR 97204–2807; telephone:

(509) 326–2724 or FAX (509) 326–7440.

SUPPLEMENTARY INFORMATION:

Background

The final regulation that is the subject

of this correction inadvertently omitted

several paragraphs of regulatory

language which should be added. These

paragraphs were omitted from the June

21, 1994, final rule (59 FR 31917)

regulating minimum size and maturity

requirements for Rainier variety cherries

effective and resulted in an incomplete

text of the regulatory requirements for

the handling of cherries.