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

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new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

71955 

Vol. 79, No. 233 

Thursday, December 4, 2014 

OFFICE OF GOVERNMENT ETHICS 

5 CFR Part 2641 

RIN 3209–AA14 

Post-Employment Conflict of Interest 

Restrictions; Revision of Departmental 

Component Designations 

AGENCY: Office of Government Ethics. 

ACTION: Final rule. 

SUMMARY: The Office of Government 

Ethics (OGE) is issuing this final rule to 

revoke the designation of one 

departmental component of one agency 

and designate a new bureau as a 

departmental component for purposes 

of the one-year post-employment 

conflict of interest restriction in the 

United States Code; to revoke the 

designation of two departmental 

components of another agency and 

designate their successor bureau as a 

departmental component; to change the 

name of an existing departmental 

component; and to revoke the 

designation of a departmental 

component that was abolished. 

DATES: This rule is effective December 4, 

2014, except for the amendments to 

Appendix B to part 2641 set forth in 

amendatory instruction 3, which are 

effective March 4, 2015. 

FOR FURTHER INFORMATION CONTACT: 

Amy E. Braud, Associate Counsel, 

General Counsel and Legal Policy 

Division, Office of Government Ethics, 

Telephone: 202–482–9300; TTY: 800– 

877–8339; FAX: 202–482–9237. 

SUPPLEMENTARY INFORMATION: 

A. Substantive Discussion: Revocation 

and Addition of Departmental 

Components 

The Director of OGE (Director) is 

authorized by 18 U.S.C. 207(h) to 

designate distinct and separate 

departmental or agency components in 

the executive branch for purposes of 18 

U.S.C. 207(c). The representational bar 

of 18 U.S.C. 207(c) usually extends to 

the whole of any department or agency 

in which a former senior employee 

served in any capacity during the year 

prior to termination from a senior 

employee position. However, 18 U.S.C. 

207(h) provides that whenever the 

Director of OGE determines that an 

agency or bureau within a department 

or agency in the executive branch 

exercises functions which are distinct 

and separate from the remaining 

functions of the department or agency 

and there exists no potential for use of 

undue influence or unfair advantage 

based on past Government service, the 

Director shall by rule designate such 

agency or bureau as a separate 

component of that department or 

agency. As a result, a former senior 

employee who served in a ‘‘parent’’ 

department or agency is not barred by 

18 U.S.C. 207(c) from making 

communications to or appearances 

before any employees of any designated 

component of that parent, but is barred 

as to employees of that parent or of 

other components that have not been 

separately designated. Moreover, a 

former senior employee who served in 

a designated component of a parent 

department or agency is barred from 

communicating to or making an 

appearance before any employee of that 

component, but is not barred as to any 

employee of the parent or of any other 

component. 

Under 18 U.S.C. 207(h)(2), component 

designations do not apply to persons 

employed at a rate of pay specified in 

or fixed according to subchapter II of 5 

U.S.C. chapter 53 (the Executive 

Schedule). Component designations are 

listed in appendix B to 5 CFR part 2641. 

The Director of OGE regularly reviews 

the component designations and 

determinations and, in consultation 

with the department or agency 

concerned, makes such additions and 

deletions as are necessary. Specifically, 

the Director ‘‘shall, by rule, make or 

revoke a component designation after 

considering the recommendation of the 

designated agency ethics official.’’ 5 

CFR 2641.302(e)(3). Before designating 

an agency component as distinct and 

separate for purposes of 18 U.S.C. 

207(c), the Director must find that there 

exists no potential for use of undue 

influence or unfair advantage based on 

past Government service, and that the 

component is an agency or bureau, 

within a parent agency, that exercises 

functions which are distinct and 

separate from the functions of the parent 

agency and from the functions of other 

components of that parent. 5 CFR 

2641.302(c)(1). 

Pursuant to the procedures prescribed 

in 5 CFR 2641.302(e), two departments 

forwarded written requests to OGE to 

amend their listings in appendix B. On 

June 10, 2014, OGE published for 

comment a proposed rule that modified 

the component designations for the two 

departments. See 79 FR 33138–33140 

(June 10, 2014). OGE did not receive any 

responses to the proposed rule. After 

carefully reviewing the requested 

changes in light of the criteria in 18 

U.S.C. 207(h) as implemented in 5 CFR 

2641.302(c), the Director of OGE has 

determined to grant these requests and 

amend appendix B to 5 CFR part 2641 

as explained below. 

The Department of Health and Human 

Services has requested that OGE remove 

the Administration on Aging (AoA) 

from its list of component designations 

and designate in its place the 

Administration for Community Living 

as a distinct and separate component of 

the Department of Health and Human 

Services for purposes of 18 U.S.C. 

207(c). On April 18, 2012, the AoA 

ceased to be an operating division 

within the Department of Health and 

Human Services and became a 

subcomponent of a new operating 

division within the Department, the 

Administration for Community Living. 

The mission of the Administration for 

Community Living is to maximize the 

self-determination, well-being, and 

health of older adults, people with 

disabilities, and their families and 

caregivers. The Administration for 

Community Living is the primary entity 

within the Department to direct 

development, administration, and 

advancement of aging and disability 

programs. 

In addition to the AoA, the 

Administration for Community Living is 

composed of the Administration on 

Intellectual and Developmental 

Disabilities and the Center for Disability 

and Aging Policy. The Administration 

on Intellectual and Developmental 

Disabilities advises the Secretary of the 

Department of Health and Human 

Services on issues that relate to 

individuals who have intellectual and 

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71956 Federal Register / Vol. 79, No. 233 / Thursday, December 4, 2014 / Rules and Regulations 

developmental disabilities. It provides 

support to the States and to local 

communities for programs that increase 

the independence and productivity of 

these individuals. The Center for 

Disability and Aging Policy plans and 

oversees the implementation of policies, 

programs, and special initiatives that 

address the needs of older Americans 

and persons with disabilities. 

According to the Department of 

Health and Human Services, the 

Administration for Community Living 

exercises functions that are distinct and 

separate from the functions of the parent 

Department and from every other 

agency within the Department. 

Accordingly, the Director is granting 

the request of the Department of Health 

and Human Services and is amending 

the Department of Health and Human 

Services listing in appendix B to part 

2641 to remove the AoA from the 

component designation list and to 

designate the Administration for 

Community Living as a new component 

as discussed. 

The Department of the Treasury has 

requested that OGE remove the 

Financial Management Service (FMS) 

and the Bureau of Public Debt (BPD) 

from its list of component designations 

and in their place designate the Bureau 

of the Fiscal Service as a distinct and 

separate component of the Department 

of the Treasury for purposes of 18 U.S.C. 

207(c). The Department of the Treasury 

consolidated FMS and BPD into a new 

entity, the Bureau of the Fiscal Service. 

This consolidation was effective on 

October 7, 2012. See Treas. Order 136– 

01 (October 7, 2012). The new bureau 

will carry out the functions of the FMS 

and the BPD, which include borrowing 

the money needed to operate the 

Federal Government, administering the 

public debt, receiving and disbursing 

public monies, and maintaining 

Government accounts. 

According to the Department of the 

Treasury, the functions of the Bureau of 

the Fiscal Service are distinct and 

separate from the functions of the parent 

Department and from every other 

agency within the Department. This 

distinction was previously recognized 

when OGE designated its predecessor 

bureaus, the FMS and the BPD, as 

components for purposes of 18 U.S.C. 

207(c). 

Accordingly, the Director is granting 

the request of the Department of the 

Treasury and is amending the 

Department of the Treasury listing in 

appendix B to part 2641 to remove the 

FMS and the BPD from the component 

designation list and to designate the 

Bureau of the Fiscal Service as a new 

component as discussed. 

The Department of the Treasury has 

also requested that OGE revise the name 

of one component currently listed in 

appendix B to part 2641, the Bureau of 

the Mint. According to the Department, 

since the 1992 amendments to 31 U.S.C. 

304, the statutory name, and the name 

used in all official publications, of this 

bureau is the ‘‘United States Mint.’’ The 

Director is therefore amending the 

Department of the Treasury listing in 

appendix B to reflect the current name 

of this component. 

Additionally, the Department of the 

Treasury has requested that OGE 

remove the Office of Thrift Supervision 

(OTS) from its list of component 

designations. Under the Dodd-Frank 

Wall Street Reform and Consumer 

Protection Act (Dodd-Frank Act), Pub. 

L. 111–203, 124 Stat. 1376, all OTS 

functions were distributed to the Office 

of the Comptroller of the Currency, the 

Federal Deposit Insurance Corporation, 

the Federal Reserve Board, and the 

Bureau of Consumer Financial 

Protection. Under Title III of the DoddFrank Act, all OTS functions relating to 

Federal savings and loan associations 

and the rulemaking authority of OTS 

relating to all savings associations, both 

Federal and State, were transferred to 

the Office of the Comptroller of the 

Currency as of July 21, 2011. Also as of 

July 21, 2011, the other functions of 

OTS were transferred to the Federal 

Deposit Insurance Corporation, the 

Federal Reserve Board, and the Bureau 

of Consumer Financial Protection. 

Pursuant to Section 313 of the DoddFrank Act, OTS was abolished 90 days 

after the date of the transfer of its 

functions to other agencies. 

Because OTS has been abolished, the 

Director is granting the request of the 

Department of the Treasury and is 

amending the Department of the 

Treasury listing in appendix B to part 

2641 to remove OTS from the 

component designation list. The Office 

of the Comptroller of the Currency has 

been designated as a component since 

January 1, 1991 and remains designated 

as a component. 

As indicated in 5 CFR 2641.302(f), a 

designation ‘‘shall be effective on the 

date the rule creating the designation is 

published in the Federal Register and 

shall be effective as to individuals who 

terminated senior service either before, 

on or after that date.’’ Initial 

designations were effective as of January 

1, 1991. The effective date of subsequent 

designations is indicated by means of 

parenthetical entries in appendix B. The 

new component designations made by 

this rulemaking document, as well as 

the name corrections being reflected 

herein (which do not affect the 

underlying component designation 

date), is effective December 4, 2014. 

As also indicated in 5 CFR 

2641.302(f), revocation is effective 90 

days after the effective date of the rule 

that revokes the designation. 

Accordingly, the component 

designation revocations made in this 

rulemaking will take effect March 4, 

2015. Revocations are not effective as to 

any individual terminating senior 

service prior to the expiration of the 90- 

day period. 

B. Matters of Regulatory Procedure 

Regulatory Flexibility Act 

As Director of OGE, I certify under the 

Regulatory Flexibility Act (5 U.S.C. 

chapter 6) that this final rule will not 

have a significant economic impact on 

a substantial number of small entities 

because it affects only Federal 

departments and agencies and current 

and former Federal employees. 

Paperwork Reduction Act 

The Paperwork Reduction Act (44 

U.S.C. chapter 35) does not apply to this 

final rule because it does not contain 

information collection requirements that 

require the approval of the Office of 

Management and Budget. 

Unfunded Mandates Reform Act 

For purposes of the Unfunded 

Mandates Reform Act of 1995 (2 U.S.C. 

chapter 25, subchapter II), this final rule 

will not significantly or uniquely affect 

small governments and will not result in 

increased expenditures by State, local 

and tribal governments, in the aggregate, 

or by the private sector, of $100 million 

or more (as adjusted for inflation) in any 

one year. 

Congressional Review Act 

OGE has determined that this 

rulemaking involves a non-major rule 

under the Congressional Review Act (5 

U.S.C. chapter 8) and will submit a 

report thereon to the U.S. Senate, House 

of Representatives and Government 

Accountability Office in accordance 

with that law at the same time this 

rulemaking document is sent to the 

Office of the Federal Register for 

publication in the Federal Register. 

Executive Order 12866 

In promulgating this final rule, 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. This 

rule has not been reviewed by the Office 

of Management and Budget under 

Executive Order 12866 because it deals 

with agency organization, management, 

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Federal Register / Vol. 79, No. 233 / Thursday, December 4, 2014 / Rules and Regulations 71957 

and personnel matters and is not 

‘‘significant’’ under the order. 

Executive Order 12988 

As Director of OGE, I have reviewed 

this final rule in light of section 3 of 

Executive Order 12988, Civil Justice 

Reform, and certify that it meets the 

applicable standards provided therein. 

List of Subjects in 5 CFR Part 2641 

Conflict of interests, Government 

employees. 

Approved: November 4, 2014. 

Walter M. Shaub, Jr. 

Director, Office of Government Ethics. 

Accordingly, for the reasons set forth 

in the preamble, OGE is amending 5 

CFR part 2641 as follows: 

PART 2641—POST-EMPLOYMENT 

CONFLICT OF INTEREST 

RESTRICTIONS 

■ 1. The authority citation for part 2641 

continues to read as follows: 

Authority: 5 U.S.C. app. (Ethics in 

Government Act of 1978); 18 U.S.C. 207; 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. Appendix B to part 2641 is 

amended by revising the listings for the 

Department of Health and Human 

Services and the Department of the 

Treasury to read as follows: 

Appendix B to Part 2641—Agency 

Components for Purposes of 18 U.S.C. 

207(c) 

* * * * * 

Parent: Department of Health and Human 

Services 

Components: 

Administration on Aging (effective May 16, 

1997). 

Administration for Children and Families 

(effective January 28, 1992). 

Administration for Community Living 

(effective December 4, 2014). 

Agency for Healthcare Research and 

Quality (formerly Agency for Health Care 

Policy and Research) (effective May 16, 

1997). 

Agency for Toxic Substances and Disease 

Registry (effective May 16, 1997). 

Centers for Disease Control and Prevention 

(effective May 16, 1997). 

Centers for Medicare and Medicaid 

Services (formerly Health Care Financing 

Administration). 

Food and Drug Administration. 

Health Resources and Services 

Administration (effective May 16, 1997). 

Indian Health Service (effective May 16, 

1997). 

National Institutes of Health (effective May 

16, 1997). 

Substance Abuse and Mental Health 

Services Administration (effective May 16, 

1997). 

* * * * * 

Parent: Department of the Treasury 

Components: 

Alcohol and Tobacco Tax and Trade 

Bureau (effective November 23, 2004). 

Bureau of Engraving and Printing. 

Bureau of the Public Debt. 

Bureau of the Fiscal Service (effective 

December 4, 2014). 

Comptroller of the Currency. 

Financial Crimes Enforcement Center 

(FinCEN) (effective January 30, 2003). 

Financial Management Service. 

Internal Revenue Service. 

Office of Thrift Supervision. 

United States Mint (formerly listed as 

Bureau of the Mint). 

■ 3. Appendix B to part 2641 is further 

amended by removing the 

Administration on Aging from the 

listing for the Department of Health and 

Human Services and by removing the 

Bureau of the Public Debt, the Financial 

Management Service, and the Office of 

Thrift Supervision from the listing for 

the Department of the Treasury. 

[FR Doc. 2014–27284 Filed 12–3–14; 8:45 am] 

BILLING CODE 6345–03–P 

DEPARTMENT OF EDUCATION 

34 CFR Parts 600 and 668 

RIN 1840–AD15 

[Docket ID ED–2014–OPE–0039] 

Program Integrity: Gainful 

Employment; Correction 

AGENCY: Department of Education. 

ACTION: Final regulations; correction. 

SUMMARY: On October 31, 2014, we 

published in the Federal Register final 

regulations for Program Integrity: 

Gainful Employment (Gainful 

Employment rule). This document 

corrects regulatory text, footnotes, and a 

chart in the Gainful Employment rule. 

DATES: Effective July 1, 2015. 

ADDRESSES: Accessible Format: 

Individuals with disabilities can obtain 

this document in an accessible format 

(e.g., braille, large print, audiotape, or 

compact disc) on request to the program 

contact person listed under FOR FURTHER

INFORMATION CONTACT. 

Electronic Access to This Document: 

The official version of this document is 

the document published in the Federal 

Register. Free Internet access to the 

official edition of the Federal Register 

and the Code of Federal Regulations is 

available via the Federal Digital System 

at: www.gpo.gov/fdsys. At this site you 

can view this document, as well as all 

other documents of this Department 

published in the Federal Register, in 

text or Adobe Portable Document 

Format (PDF). To use PDF you must 

have Adobe Acrobat Reader, which is 

available free at the site. 

You may also access documents of the 

Department published in the Federal 

Register by using the article search 

feature at: www.federalregister.gov. 

Specifically, through the advanced 

search feature at this site, you can limit 

your search to documents published by 

the Department. 

FOR FURTHER INFORMATION CONTACT: John 

Kolotos, U.S. Department of Education, 

1990 K Street NW., Room 8018, 

Washington, DC 20006–8502. 

Telephone: (202) 502–7762 or by email 

at: gainfulemploymentregulations@

ed.gov. 

If you use a telecommunications 

device for the deaf (TDD) or a text 

telephone (TTY), call the Federal Relay 

Service, toll free, at 1–800–877–8339. 

SUPPLEMENTARY INFORMATION: This 

document corrects: (1) Footnote text that 

was omitted from the Gainful 

Employment rule; (2) § 668.412 of the 

regulations to include the 

implementation date for the disclosure 

requirements; (3) the equations for 

calculating completion rates for fulltime students in § 668.413(b)(1)(i) of the 

regulations; (4) § 668.413 to add mean 

earnings in addition to median earnings; 

and (5) the notification provisions in 

§ 668.413(c)(2) of the regulations. 

In the Gainful Employment rule: 

• The text of certain footnotes was 

omitted; 

• We discussed that institutions must 

begin complying with the requirements 

in § 668.412 of the regulations beginning 

January 1, 2017. However, that language 

was inadvertently omitted from the 

regulatory text; 

• Dividing lines were omitted from 

the chart on page 64954 that would 

enhance the data presentation; 

• We revised § 668.412(a)(11) of the 

proposed regulations to add mean 

earnings, in addition to median 

earnings, as a possible disclosure item 

to be included on the disclosure 

template, but we did not revise 

§ 668.413 of the regulations to reflect 

this addition; and 

• Section 668.413(c)(2) referred 

incorrectly to the cohort period with 

respect to the calculation of median 

loan debt. 

Corrections 

In FR Doc. No. 2014–25594, in the 

Federal Register of October 31, 2014 (79 

FR 64890), make the following 

corrections: 

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