Unknown. Final rule; technical amendments

3,983 words·~18 min read·/register/2000/11/20/00-29493

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

--- schema: federal-register doc_type: fedreg source_file: FR-2000-11-20.xml --- 65 224 Monday, November 20, 2000 Contents Agriculture Agriculture Department See Animal and Plant Health Inspection Service See Economic Research Service See Rural Utilities Service Alcohol Alcohol, Tobacco and Firearms Bureau NOTICES Reports and guidance documents; availability, etc.: Federal Explosives Law and Regulations (2000), 69805 00-29615 Animal Animal and Plant Health Inspection Service NOTICES Meetings:

Veterinary biologics, 69729 00-29614 Antitrust Antitrust Division NOTICES National cooperative research notifications: Financial Services Technology Consortium, Inc., 69788-69789 00-29543 IMS Global Learning Consortium, Inc., 69789 00-29545 J Consortium, Inc., 69789 00-29544 Architectural Architectural and Transportation Barriers Compliance Board RULES Americans with Disabilities Act; implementation: Accessibility guidelines— Building and facilities; play areas, 69839-69843 00-29599 Arts Arts and Humanities, National Foundation See National Foundation on the Arts and the Humanities Centers Centers for Disease Control and Prevention NOTICES Meetings:

Injury Prevention and Control Advisory Committee, 00-29719 69775-69776 00-29720 Commerce Commerce Department See Export Administration Bureau See Foreign-Trade Zones Board See International Trade Administration See National Oceanic and Atmospheric Administration CITA Committee for the Implementation of Textile Agreements NOTICES Cotton, wool, and man-made textiles: Belarus, 69739 00-29566 Korea, 69740-69741 00-29567 Laos, 69741-69742 00-29568 Philippines, 69742-69743 00-29569 Defense Defense Department See Navy Department NOTICES Agency information collection activities:

Proposed collection; comment request, 69743-69744 00-29556 00-29557 Reports and guidance documents; availability, etc.: Electronic records management software applications; design criteria standard, 69744 00-29558 Economic Economic Research Service NOTICES Agency information collection activities: Proposed collection; comment request, 69729-69730 00-29563 Employment Employment Standards Administration NOTICES Agency information collection activities: Proposed collection; comment request, 69793-69795 00-29617 Energy Energy Department See Federal Energy Regulatory Commission NOTICES Electricity export and import authorizations, permits, etc.:

Avista Corp., 69752 00-29596 Energy Atlantic, LLC, 69752-69753 00-29595 Interstate electric transmission system; mandatory electric reliability standards; comment request, 69753-69754 00-29600 EPA Environmental Protection Agency PROPOSED RULES Air quality implementation plans; approval and promulgation; various States: Texas, 69720-69724 00-29645 NOTICES Air pollution control; new motor vehicles and engines: California State nonroad engine and vehicle pollution control standards; within scope determinations, 00-29500 00-29501 69763-69771 00-29502 Meetings:

Science Advisory Board, 69771-69772 00-29644 Reports and guidance documents; availability: Benchmark Dose Technical Guidance Document; peer-review workshop, 69772-69773 00-29648 Superfund; response and remedial actions, proposed settlements, etc.: CHEMCENTRAL Warehouse Fire CERCLA Site, WA, 69773 00-29357 Toxic and hazardous substances control: New chemicals— Receipt and status information; correction, 69773-69774 00-29649 Water supply: Public water supply supervision program— South Dakota, 69774-69775 00-29646 Export Export Administration Bureau NOTICES Meetings:

Sensors and Instrumentation Technical Advisory Committee, 69731 00-29597 FAA Federal Aviation Administration RULES Air traffic operating and flight rules, etc.: Grand Canyon National Park, AZ; special flight rules in vicinity— Special flight rules area and flight free zones; modification of dimensions, 69845-69847 00-29622 Airworthiness directives: McDonnell Douglas, 69658-69660 00-28478 Pratt & Whitney, 69660-69662 00-29212 Class E airspace, 69662-69664 00-29660 Jet routes, 69664-69665 00-29658 VOR Federal airways, 69664 00-29659 PROPOSED RULES Airworthiness directives:

Boeing, 69718-69720 00-29498 NOTICES Airport noise compatibility program: Camarillo Airport, CA, 69800 00-29662 Air traffic operating and flight rules, etc.: Grand Canyon National Park, AZ; commercial routes, 69847-69848 00-29621 Meetings: RTCA, Inc., 00-29663 69801 00-29664 Passenger facility charges; applications, etc.: Elmira/Corning Regional Airport, NY, 69801-69802 00-29576 Glynco Jetport, GA, 69802 00-29661 FCC Federal Communications Commission RULES Radio stations; table of assignments:

Arizona, 69693 00-29625 PROPOSED RULES Radio stations; table of assignments: Georgia, 69725 00-29623 North Carolina and South Carolina, 69724 00-29626 Various States, 69724-69725 00-29624 Federal Energy Federal Energy Regulatory Commission NOTICES Agency information collection activities: Proposed collection; comment request, 69754-69755 00-29580 Electric rate and corporate regulation filings: Bangor Hydro-Electric Co. et al., 69760-69763 00-29549 Preliminary permits surrender:

Kacie Lake Hydro, Inc., 69763 00-29588 *Applications, hearings, determinations, etc.:* American Transmission Systems, Inc., 69755 00-29592 ANR Pipeline Co., 69755 00-29584 Chandeleur Pipe Line Co., 69756 00-29585 Colorado Interstate Gas Co., 69756 00-29587 Consumers Energy Co., 69756 00-29590 Kentucky Utilities Co., 69757 00-29594 New York State Electric & Gas Corp., 69757 00-29589 Northeast Utilities Service Co., 69757 00-29577 PacifiCorp, 69758 00-29581 Reliant Energy Gas Transmission Co., 69758 00-29582 Southern Energy Delta, L.L.C., et al., 69758-69759 00-29591 TransColorado Gas Transmission Co., 69759 00-29583 Vernon, CA, 69759 00-29579 Wisconsin Electric Power Co., 69759-69760 00-29593 Wyoming Interstate Co., Ltd., 69760 00-29586 Young Gas Storage Co., Ltd., 69760 00-29578 FTC Federal Trade Commission RULES Federal claims collection:

Civil monetary penalties; inflation adjustment Correction, 69665-69666 00-29469 Fish Fish and Wildlife Service RULES Endangered and threatened species: Critical habitat designations— Tidewater goby, 69693-69717 00-29547 PROPOSED RULES Migratory bird permits: Falconry education permits; review, 69726-69728 00-29562 NOTICES Environmental statements; availability, etc.: Incidental take permits— Leelanau County, MI; piping plover; correction, 69781 00-29565 Food Food and Drug Administration RULES Food for human consumption:

Food labeling— Regulations uniform compliance date, 69666-69667 00-29538 NOTICES Committees; establishment, renewal, termination, etc.: Allergenic Products Advisory Committee et al., 69776-69777 00-29536 Reports and guidance documents; availability, etc.: Standardized dust mite and grass allergen vaccines; potency limits; revised protocol; reviewers guidance, 69777-69778 00-29537 Standardized grass pollent extracts; stability protocols; testing limits, 69778-69779 00-29535 Foreign Foreign-Trade Zones Board NOTICES *Applications, hearings, determinations, etc.:* Puerto Rico Merck, Sharp & Dohme Quimica de Puerto Rico, Inc.; pharmaceuticals manufacturing facilities, 00-29633 69731-69732 00-29634 GSA General Services Administration NOTICES Acquisition regulations:

Individual property record card (OF 129); form cancellation, 69775 00-29616 Government Government Ethics Office RULES Executive Branch regulations; technical amendments and correction, 69655-69657 00-29493 Health Health and Human Services Department See Centers for Disease Control and Prevention See Food and Drug Administration See Health Resources and Services Administration See Substance Abuse and Mental Health Services Administration Health Health Resources and Services Administration NOTICES Agency information collection activities:

Submission for OMB review; comment request, 69779 00-29539 Housing Housing and Urban Development Department NOTICES Agency information collection activities: Proposed collection; comment request, 69780-69781 00-29555 Immigration Immigration and Naturalization Service NOTICES Temporary protected status program designations: Somalia, 69789-69791 00-29546 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau See National Park Service See Reclamation Bureau IRS Internal Revenue Service RULES Income taxes:

Partnerships; amortization of intangibles; application of anti-churning rules, 69667-69674 00-29524 NOTICES Agency information collection activities: Proposed collection; comment request, 00-29652 00-29653 00-29654 69805-69808 00-29655 Meetings: Advisory Group to Internal Revenue Commissioner, 69808 00-29656 International International Trade Administration NOTICES Antidumping: Brake rotors from— China, 69732-69734 00-29629 Cut-to-length carbon steel plate from— Romania, 69734 00-29631 Welded carbon steel pipes and tubes from— Thailand, 69734-69735 00-29630 Export trade certificates of review, 69735 00-29612 *Applications, hearings, determinations, etc.:* Emory University et al., 69735 00-29632 Justice Justice Department See Antitrust Division See Immigration and Naturalization Service NOTICES Pollution control; consent judgments: 150 Acres of Land, More or Less, 69787-69788 00-29540 Amerada Hess et al., 69788 00-29542 Detroit Edison Co. et al., 69788 00-29541 Labor Labor Department See Employment Standards Administration RULES Wage rate predetermination procedures; and construction and nonconstruction contracts; labor standards provisions:

Davis-Bacon and Related Acts

(DBRA)semi-skilled helper employment, 69674-69693 00-29533 NOTICES Agency information collection activities: Submission for OMB review; comment request, 69791-69793 00-29618 00-29619 00-29620 Land Land Management Bureau NOTICES Committees; establishment, renewal, termination, etc.: Northeast California Resource Advisory Council, 69781 00-29601 Recreation management restrictions, etc.: Silver Saddle Ranch and Ambrose Carson River Natural Area, NV, 69781-69783 00-29602 National Foundation National Foundation on the Arts and the Humanities NOTICES Meetings: Fellowships Advisory Panel, 69795 00-29559 Partnerships Advisory Panel, 69795 00-29560 National Highway National Highway Traffic Safety Administration PROPOSED RULES Importation of vehicles and equipment subject to Federal safety, bumper, and theft prevention standards: Vehicles originally manufactured for sale in Canada; importation expedited, 69809-69838 00-29034 NOAA National Oceanic and Atmospheric Administration NOTICES Agency information collection activities: Proposed collection; comment request, 69736 00-29641 Meetings: Gulf of Mexico Fishery Management Council, 69736-69737 00-29637 Mid-Atlantic Fishery Management Council, 69737 00-29640 Permits: Marine mammals, 00-29638 69737-69739 00-29639 National Park National Park Service NOTICES Environmental statements; availability, etc.: Mount Rainier National Park, WA; general management plan, 69783-69784 00-29552 Shenandoah Valley Battlefields National Historic District, VA, 69784-69785 00-29554 Yosemite National Park, CA— Merced Wild and Scenic River comprehensive management plan, 69785-69786 00-29550 Environmental statements; notice of intent: Death Valley National Park, CA; Furnace Creek water management plan, 69786-69787 00-29553 Reports and guidance documents; availability, etc.: Lake Mead National Recreation Area, NV; vacation cabin site policy, 69787 00-29551 National Science National Science Foundation NOTICES Meetings; Sunshine Act, 69795 00-29715 Navy Navy Department NOTICES Environmental statements; availability, etc.: Base realignment and closure— Naval Station Treasure Island, CA, 69744-69752 00-29650 Nuclear Nuclear Regulatory Commission NOTICES Reports and guidance documents; availability, etc.: Solid materials control; public comments summary and categorization, 69798 00-29636 *Applications, hearings, determinations, etc.:* South Carolina Electric & Gas Co., 69795-69798 00-29635 Public Public Health Service See Centers for Disease Control and Prevention See Food and Drug Administration See Health Resources and Services Administration See Substance Abuse and Mental Health Services Administration Reclamation Reclamation Bureau NOTICES Meetings: Glen Canyon Adaptive Management Work Group and Glen Canyon Technical Work Group; correction, 69787 00-29657 Research Research and Special Programs Administration NOTICES Meetings: International standards on transport of dangerous goods, 69802-69803 00-29573 RUS Rural Utilities Service RULES Electric loans: Insured and guaranteed loans; general and preloan policies and procedures Effective date, 69657-69658 00-29499 SEC Securities and Exchange Commission NOTICES *Applications, hearings, determinations, etc.:* Public utility holding company filings, 69798-69799 00-29598 State State Department NOTICES Agency information collection activities: Proposed collection; comment request, 69799 00-29628 Submission for OMB review; comment request, 69799-69800 00-29627 Substance Substance Abuse and Mental Health Services Administration NOTICES Agency information collection activities: Proposed collection; comment request, 69779-69780 00-29564 Surface Surface Transportation Board NOTICES Railroad operation, acquisition, construction, etc.: Hollis & Eastern Railroad Co., 69803 00-29651 Textile Textile Agreements Implementation Committee See Committee for the Implementation of Textile Agreements Transportation Transportation Department See Federal Aviation Administration See National Highway Traffic Safety Administration See Research and Special Programs Administration See Surface Transportation Board See Transportation Statistics Bureau Transportation Transportation Statistics Bureau NOTICES Grants and cooperative agreements; availability, etc.: Transportation Statistics Research Program, 69803-69805 00-29571 Treasury Treasury Department See Alcohol, Tobacco and Firearms Bureau See Internal Revenue Service Veterans Veterans Affairs Department NOTICES Meetings: Rehabilitation Advisory Committee, 69808 00-29613 Separate Parts In This Issue Part II Department of Transportation, National Highway Traffic Safety Administration, 69809-69838 00-29034 Part III Architectural and Transportation Barriers Compliance Board, 69839-69843 00-29599 Part IV Department of Transportation, Federal Aviation Administration, 00-29621 69845-69848 00-29622 Reader Aids Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, reminders, and notice of recently enacted public laws. 65 224 Monday, November 20, 2000 Rules and Regulations OFFICE OF GOVERNMENT ETHICS 5 CFR Parts 2634, 2635 and 2638 RINs 3209-AA00 and 3209-AA04 Technical Updating Amendments and Correction to Certain Executive Branch Regulations of the Office of Government Ethics AGENCY: Office of Government Ethics (OGE). ACTION: Final rule; technical amendments. SUMMARY: The Office of Government Ethics is updating and correcting some of the sections of its executive branch regulations on financial disclosure, standards of ethical conduct and ethics responsibilities. These amendments include the addition to the financial disclosure regulation of statutorily mandated higher categories of value reporting and adjustment of the reporting thresholds for gifts and travel reimbursements. In addition, OGE is raising the dollar ceiling for widely attended gathering nonsponsor gifts under the standards regulation. DATES: The amendments in this rulemaking document are effective November 20, 2000, except for the amendments to 5 CFR 2634.304 that are being made retroactively effective to January 1, 1999. 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 various sections of its executive branchwide ethics regulations on financial disclosure, standards of ethical conduct (the Standards), and Government ethics responsibilities, as codified at 5 CFR parts 2634, 2635 and 2638, in order to update them. These technical amendments also include a correction of a typographical error in 5 CFR 2634.301(d)(6). These revisions to pertinent provisions of OGE's branchwide financial disclosure regulation, as codified at 5 CFR 2634.301(d) and 2634.302(b)(1), will add to the regulation the higher categories of value for assets, income, transactions and liabilities over $1,000,000 as required for public reports (on the Standard Form

(SF)278) under the Ethics in Government Act (the Ethics Act), as amended by sections 20 and 22 of the 1995 Lobbying Disclosure Act (Public Law 104-65). See section 102(a)(1)(B), (d)(1) and (e)(1) and the then-newly added section 102(a)(8) of the Ethics Act, 5 U.S.C. appendix, section 102(a)(1)(B), (a)(8), (d)(1) and (e)(1). The higher categories of value for assets, transactions (as recently determined by OGE for reports on the new 2000 edition of the SF 278 only), and liabilities are: $1,000,001 to $5,000,000; $5,000,001 to $25,000,000; $25,000,001 to $50,000,000; and over $50,000,000. For income, the higher categories are: $1,000,001 to $5,000,000; and over $5,000,000. The new regulatory text would also clarify that the higher categories only apply to items held by the report filer alone or jointly with his or her spouse and/or dependent children. For any such items held *solely* by a filer's spouse and/or dependent children, only the traditional “over $1,000,000” category would apply. To date, in a series of guidance memorandums over the years, OGE has asked departments and agencies to so notify filers administratively. In addition, OGE is retroactively adjusting, to January 1, 1999, the reporting thresholds for gifts and travel reimbursements in the OGE executive branchwide regulation at 5 CFR 2634.304 (& as illustrated in examples following that section) for both the public and confidential financial disclosure systems under section 102(a)(2)(A) &

(B)of the Ethics Act, 5 U.S.C. appendix, section 102(a)(2)(A) & (B), as extended to the executive branch confidential reporting system in subpart I of OGE's 5 CFR part 2634 regulation. These changes are necessitated by the increase by the General Services Administration

(GSA)of the “minimal value” to $260 or less (from the prior level of $245 or less) for the three-year period 1999-2001 under the Foreign Gifts and Decorations Act, to which the Ethics Act and OGE regulatory thresholds are pegged. See 64 FR 13700-13701 (March 22, 1999), revising the GSA foreign gifts regulation, now to be codified at new 41 CFR 102-42.10 (formerly § 101-49.001-5), see 65 FR 45540 (July 24, 2000). The new reporting thresholds being codified in OGE's financial disclosure regulation are “more than $260” for the aggregation threshold for reporting and “$104 or less” for gifts and reimbursements which do not have to be counted towards the aggregate threshold (from the prior levels of $250 and $100, respectively). Further, OGE will adjust those thresholds in the future as needed in light of GSA's revaluation of “minimal value” every three years for foreign gifts purposes. Finally, the widely attended gathering gift exception ceiling for nonsponsor gifts of free attendance under the standards of ethical conduct regulation, at 5 CFR 2635.204(g)(2) (& as illustrated in a couple of examples following paragraph (g)), will likewise be raised from $250 to $260. As OGE noted in the preambles to the proposed and final rules on such nonsponsor gifts, that ceiling is based in part on the financial disclosure gifts reporting threshold. See 60 FR 31416 (June 15, 1995) and 61 FR 42968 (August 20, 1996). Thus, it is reasonable now to adjust the nonsponsor gift ceiling to match the increase in the reporting threshold. The other requirements for acceptance of such nonsponsor gifts, including an agency interest determination and expected attendance by more than 100 persons, remain unchanged. In addition, OGE is adding an unrelated reference in the related statutes section of the Standards, at 5 CFR 2635.902(l), to the criminal prohibition at 18 U.S.C. 1030 on fraudulent access and related activity in connection with computers. Finally, OGE is updating the citations to the Ethics Act financial disclosure provisions, current Executive Order 12674 (as modified by E.O. 12731), and the definition of the executive branch in the pertinent provisions of 5 CFR part 2638 on ethics responsibilities of OGE and designated agency ethics officials. 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 technical updates and the correction. The notice, comment and delayed effective date provisions are being waived in part because these minor amendments concern matters of agency organization, practice and procedure. Further, it is in the public interest that correct and up-to-date information be contained in the affected sections of OGE's regulations as soon as possible. The increase in the reporting thresholds for gifts and reimbursements also lessens the reporting burden somewhat, and thus the effective date of that regulatory revision is being made retroactively effective to January 1, 1999, when the change became effective under the Ethics Act, as amended. 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 5 CFR Part 2634 Certificates of divestiture, Conflict of interests, Government employees, Penalties, Reporting and recordkeeping requirements, Trusts and trustees. 5 CFR Part 2635 Conflict of interests, Government employees. 5 CFR Part 2638 Conflict of interests, Government employees, Reporting and recordkeeping requirements. Approved: November 13, 2000. 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 Executive Order 12674, as modified by E.O. 12731, is amending 5 CFR parts 2634, 2635 and 2638 as follows: PART 2634—EXECUTIVE BRANCH FINANCIAL DISCLOSURE, QUALIFIED TRUSTS, AND CERTIFICATES OF DIVESTITURE 1. The authority citation for part 2634 continues to read as follows: Authority: 5 U.S.C. App. (Ethics in Government Act of 1978); 26 U.S.C. 1043; Pub. L. 101-410, 104 Stat. 890, 28 U.S.C. 2461 note (Federal Civil Penalties Inflation Adjustment Act of 1990), as amended by Sec. 31001, Pub. L. 104-134, 110 Stat. 1321 (Debt Collection Improvement Act of 1996); 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. Section 2634.301 is amended by removing the dollar amount “$1,00,000” in paragraph (d)(6) and adding in its place the dollar amount “$1,000,000”, by removing the “.” following paragraph (d)(7) and adding a “;” in its place, and by adding a new paragraph (d)(8) to read as follows: § 2634.301 Interests in property.

(d)* * *

(8)Provided that, with respect to items held by the filer alone or held jointly by the filer with the filer's spouse and/or dependent children, the following additional categories over $1,000,000 shall apply:

(i)Greater than $1,000,000 but not more than $5,000,000;

(ii)Greater than $5,000,000 but not more than $25,000,000;

(iii)Greater than $25,000,000 but not more than $50,000,000; and

(iv)Greater than $50,000,000. 3. Section 2634.302 is amended by removing the “.” following paragraph (b)(1)(viii) and adding a “;” in its place, and by adding a new paragraph (b)(1)(ix) to read as follows: § 2634.302 Income.

(b)* * *

(1)* * *

(ix)Provided that, with respect to investment income of the filer alone or joint investment income of the filer with the filer's spouse and/or dependent children, the following additional categories over $1,000,000 shall apply:

(A)Greater than $1,000,000 but not more than $5,000,000; and

(B)Greater than $5,000,000. § 2634.304 [Amended] 4. Section 2634.304 is amended by: a. Removing the words “$250 or more” in paragraphs

(a)and

(b)and in Example 1 following paragraph

(d)and adding in their place in each instance the words “more than $260”; b. Removing the note following paragraph

(b)and the first note following paragraph (d); c. Removing the dollar amounts “$100” in paragraph

(d)and in Examples 1 and 2 following paragraph

(d)and adding in their place in each instance the dollar amount “$104”; d. Removing the dollar amount “$150” in Example 1 following paragraph

(d)and adding in its place the dollar amount “$190”; e. Removing the dollar amounts “$130” and “$250” in Example 3 following paragraph

(d)and adding in their place, respectively, the dollar amount “$150” and the words “more than $260”; and f. Removing the dollar amount “$250” in Example 4 following paragraph

(d)and adding in its place the dollar amount “$260”. PART 2635—STANDARDS OF ETHICAL CONDUCT FOR EMPLOYEES OF THE EXECUTIVE BRANCH 5. The authority citation for part 2635 continues to read as follows: Authority: 5 U.S.C. 7301, 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. § 2635.204 [Amended] 6. Section 2635.204 is amended by removing the dollar amounts “$250” in paragraph (g)(2) and in Examples 1 and 2 following paragraph (g)(6) and adding in their place in each instance the dollar amount “$260”, and by removing the dollar amount “$500” in Example 2 following paragraph (g)(6) and adding in its place the dollar amount “$520”. 7. Section 2635.902 is amended by adding a new paragraph (l), previously reserved, to read as follows: § 2635.902 Related statutes.

(l)The prohibition against fraudulent access and related activity in connection with computers (18 U.S.C. 1030). PART 2638—OFFICE OF GOVERNMENT ETHICS AND EXECUTIVE AGENCY ETHICS PROGRAM RESPONSIBILITIES 8. The authority citation for part 2638 continues to read as follows: Authority: 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. § 2638.101 [Amended] 9. Section 2638.101 is amended by removing the references to “II” in paragraphs

(a)and

(b)and adding in their place in each instance the reference “I”, and by adding the words “executive branch” between the words “These” and “regulations” in paragraph (b). 10. Section 2638.104 is amended by revising the definition of “Executive branch” to read as follows: § 2638.104 Definitions. *Executive branch* includes each executive agency as defined in 5 U.S.C. 105 and any other entity or administrative unit in the executive branch. However, it does not include any agency, entity, office or commission that is defined by or referred to in 5 U.S.C. app. 109(8)-(11) of the Act as within the judicial or legislative branch. § 2638.201 [Amended] 11. Section 2638.201 is amended by removing the references to “II” and adding in their place in each instance the reference “I”, and by removing the words “11222 (relating to standards of conduct” between the words “Order” and “for” in the last sentence and adding in their place the words “12674 as modified (relating to principles of ethical conduct”. [FR Doc. 00-29493 Filed 11-17-00; 8:45 am]

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