Supplemental Standards of Ethical Conduct for Employees of the National Aeronautics and Space Administration

[Federal Register: November 27, 2001 (Volume 66, Number 228)]

[Rules and Regulations]

[Page 59135-59136]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr27no01-1]

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[[Page 59135]]
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
5 CFR Part 6901
RINs 2700-AC45, 3209-AA15
Supplemental Standards of Ethical Conduct for Employees of the

National Aeronautics and Space Administration
AGENCY: National Aeronautics and Space Administration (NASA).
ACTION: Final rule; amendment.
———————————————————————–
SUMMARY: NASA, with the concurrence of the Office of Government Ethics

(OGE), is amending its supplemental standards of ethical conduct to

remove the designations of officials authorized to perform ethics-

related functions. In a separate rulemaking, NASA is adding revised

designations to its 14 CFR part 1207 conduct regulations.
EFFECTIVE DATE: November 27, 2001.
ADDRESSES: Code GG, NASA Headquarters, Washington, DC 20546-0001.
FOR FURTHER INFORMATION CONTACT: Laurie P. Rafferty, Senior Ethics

Attorney, NASA Headquarters, (202) 358-2028.
SUPPLEMENTARY INFORMATION:
I. Background
    Section 2635.105 of 5 CFR authorizes executive branch agencies,

with the concurrence of OGE, to publish supplemental regulations

necessary to implement their respective ethics programs. In 1994, NASA,

with OGE’s concurrence, established supplemental standards of ethical

conduct for NASA employees. See 59 FR 49335-49338 (Sept. 28, 1994), as

codified at 5 CFR part 6901. At the same time, NASA repealed much of

its preexisting Standards of Conduct regulation at 14 CFR part 1207,

and limited its coverage to conflict of interest waiver procedures

under 18 U.S.C. 208 and post-employment procedures under 18 U.S.C.

207(j)(5).

    NASA, with OGE’s concurrence, now amends its supplemental standards

of conduct by removing (and reserving) Sec. 6901.102, which contains

the designations of NASA officials authorized to make ethics-related

determinations. These internal NASA designations are better covered in

NASA’s conduct regulations at 14 CFR part 1207. By separate publication

in the Federal Register, NASA is issuing amended designations at new

Sec. 1207.103 of 14 CFR. Moreover, in this rulemaking NASA is

correcting a miscitation in the authority citation of the supplemental

standards.
II. Matters of Regulatory Procedure
Administrative Procedure Act
    Pursuant to 5 U.S.C. 553(a)(2), (b), and (d), NASA has determined

that good cause exists for waiving the regular notice of proposed

rulemaking, opportunity for public comments, and 30-day delayed

effective date for this final rule amendment. This action is being

taken because it is in the public interest that this rule, which

concerns matters of agency management, personnel, organization,

practice and procedure, be effective on the date of publication.
Small Entities
    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), NASA has

considered whether this rule would have a significant economic impact

on a substantial number of small entities. The term “small entities”

comprises small businesses, not-for-profit organizations that are

independently owned and operated and are not dominant in their fields,

and governmental jurisdictions with populations of less than 50,000.

Pursuant to 5 U.S.C. 605(b), NASA certifies that this rule will not

have a significant economic impact on a substantial number of small

entities because the rule only affects the operations of NASA and its

employees. Accordingly, no regulatory flexibility analysis is required.
Executive Order 12866 Determination
    This rule is not a “significant regulatory action” under section

3(f) of Executive Order 12866, Regulatory Planning and Review, is not

subject to review under section 3(d) of that Order because it is

limited to NASA’s organization, management and/or personnel matters,

and does not require an assessment of potential costs and benefits

under section 6(a)(3) of that Order. The Office of Management and

Budget has not reviewed it under that Order.
Collection of Information
    This rule calls for no new collection of information under the

Paperwork Reduction Act (44 U.S.C. 3501-3520).
Federalism
    A rule has implications for federalism under Executive Order 13132,

Federalism, if it has a substantial direct effect on State or local

governments and would either preempt State law or impose a substantial

direct cost of compliance on them. NASA has analyzed this rule under

that Order and has determined that it does not have implications for

federalism.
Unfunded Mandates Reform Act
    Title II of the Unfunded Mandates Reform Act of 1995 (2 U.S.C.

1531-1538) requires Federal agencies to assess the effects of their

discretionary regulatory actions. NASA has determined that the rule

will not result in expenditures by State, local, or tribal governments

or by the private sector of $100 million or more. The rule affects only

the internal organization of NASA. Accordingly, NASA has not prepared a

budgetary impact statement or specifically addressed regulatory

alternatives.
List of Subjects in 5 CFR Part 6901
    Conflict of interests, Ethical conduct, Government employees,

Organization and functions (Government agencies).
    Dated: November 5, 2001.

Daniel S. Goldin,

Administrator, National Aeronautics and Space Administration.
    Approved: November 9, 2001.

Amy L. Comstock,

Director, Office of Government Ethics
    For the reasons discussed in the preamble, NASA, with the

concurrence of OGE, amends 5 CFR part 6901 as follows:
[[Page 59136]]
PART 6901–SUPPLEMENTAL STANDARDS OF ETHICAL CONDUCT FOR EMPLOYEES

OF THE NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
    1. The authority citation for part 6901 is revised to read as

follows:
    Authority: 5 U.S.C. 7301; 5 U.S.C. App. (Ethics in Government

Act of 1978); 42 U.S.C. 2473(c)(1); 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; 5 CFR 2635.105, 2635.403(a), 2635.802(a),

2635.803.
Sec. 6901.102  [Removed and Reserved]
    2. Section Sec. 6901.102 is removed and reserved.

[FR Doc. 01-29424 Filed 11-26-01; 8:45 am]

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