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Code · REGISTER · 2011-07-01 · Agriculture Agriculture Department See Animal and Plant Health Inspection Service See Forest Service See National Institute of Food and Agriculture See Rural Business-Cooperative Service NOTICES Agenc · Unknown

Unknown. Final rule; technical amendments

3,981 words·~18 min read·/register/2011/07/01/2011-16642

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-2011-07-01.xml --- 76 127 Friday, July 1, 2011 Contents Agriculture Agriculture Department See Animal and Plant Health Inspection Service See Forest Service See National Institute of Food and Agriculture See Rural Business-Cooperative Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 38599-38600 2011-16611 Animal Animal and Plant Health Inspection Service NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals: Revision of Hawaiian and Territorial Fruits and Vegetables Regulations, 38600-38601 2011-16593 Self-Certification Medical Statement, 38601 2011-16597 Bovine Tuberculosis and Brucellosis; Program Framework, 38602 2011-16598 Antitrust Division Antitrust Division NOTICES Proposed Final Judgments: United States, et al. v. American Express Co., et al., 38700-38708 2011-16638 Army Army Department See Engineers Corps Blind or Severely Disabled, Committee for Purchase From People Who Are See Committee for Purchase From People Who Are Blind or Severely Disabled Bureau of Ocean Energy Management, Regulation and Enforcement RULES Reorganization of Title 30, Code of Federal Regulations, 38555-38562 2011-16681 NOTICES Environmental Assessments;
Availability, etc.: Proposed Oil, Gas, and Mineral Operations by Gulf of Mexico Outer Continental Shelf Region, 38673-38676 2011-16560 Environmental Impact Statements; Availability, etc.: Gulf of Mexico, Outer Continental Shelf, Central Planning Area, Oil and Gas Lease Sale, 38676-38677 2011-16565 Centers Disease Centers for Disease Control and Prevention NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 38654 2011-16554 Meetings: Office for State, Tribal, Local and Territorial Support, 38655 2011-16558 Centers Medicare Centers for Medicare & Medicaid Services NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 38655-38658 2011-16599 2011-16600 Children Children and Families Administration NOTICES Meetings: President's Committee for People with Intellectual Disabilities; Conference Call, 38658 2011-16604 Coast Guard Coast Guard RULES Safety Zones: Bullhead City Regatta, Bullhead City, AZ, 38568-38570 2011-16539 Fourth of July Fireworks Event, Pagan River, Smithfield, VA, 38570-38572 2011-16618 PROPOSED RULES Safety Zones: Swim Around Charleston, Charleston, SC, 38586-38589 2011-16541 NOTICES Qualifications for STCW Endorsement as Officer in Charge of Navigational Watch, 38671-38672 2011-16540 Commerce Commerce Department See Industry and Security Bureau See International Trade Administration See National Oceanic and Atmospheric Administration See National Telecommunications and Information Administration See Patent and Trademark Office NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 38608 2011-16566 Committee for Purchase Committee for Purchase From People Who Are Blind or Severely Disabled NOTICES Procurement List; Additions and Deletions, 38640-38642 2011-16577 2011-16578 Community Development Community Development Financial Institutions Fund PROPOSED RULES Bond Guarantee Program, 38577-38580 2011-16682 Defense Department Defense Department See Engineers Corps See Navy Department NOTICES Meetings: Defense Business Board, 38642 2011-16603 Education Education Department NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 38645-38647 2011-16609 2011-16610 2011-16614 Energy Department Energy Department See Energy Efficiency and Renewable Energy Office RULES Technical Standards: Laboratory Accreditation for External Dosimetry, 38550 2011-16575 NOTICES Meetings: Secretary of Energy Advisory Board, 38647-38648 2011-16590 Energy Efficiency Energy Efficiency and Renewable Energy Office NOTICES Geothermal Technologies Program Blue Ribbon Panel Report; Availability, 38648 2011-16579 Engineers Engineers Corps NOTICES Environmental Impact Statements;
Availability, etc.: Alaska Department of Transportation and Public Facilities Foothills West Transportation Access Project, 38642-38643 2011-16543 Environmental Protection Environmental Protection Agency RULES Review of New Sources and Modifications in Indian Country, 38748-38808 2011-14981 Revisions to the California State Implementation Plan: Antelope Valley Air Quality Management District, 38572-38575 2011-16481 PROPOSED RULES Fuels and Fuel Additives; 2012 Renewable Fuel Standards, 38844-38890 2011-16018 National Emission Standards for Hazardous Air Pollutants:
Coal- and Oil-fired Electric Utility Steam Generating Units, etc., 38590-38591 2011-16493 Secondary Lead Smelting, 38591-38592 2011-16496 Phosphorus Water Quality Standards for Florida Everglades, 38592-38597 2011-16616 Revisions to the California State Implementation Plans: Antelope Valley Air Quality Management District, 38589-38590 2011-16482 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Regulation of Fuels and Fuel Additives: Detergent Gasoline, 38648-38649 2011-16036 Draft Integrated Science Assessment for Lead, 38650 2011-16624 Environmental Impact Statements;
Availability, etc.: Weekly Receipt of Environmental Impact Statements Filed 06/20/2011 through 6/24/2011, 38650-38651 2011-16585 Settlements: Sikes Oil Service Superfund Site, Arcade, GA, 38651 2011-16631 Federal Aviation Federal Aviation Administration RULES Special Conditions: Boeing, Model 747-8 Series Airplanes; Door 1 Extendable Length Escape Slide, 38550-38552 2011-16507 PROPOSED RULES Amendments of Class D Airspace: Eglin AFB, FL, 38580-38581 2011-16587 Amendments of Class D and E Airspace and Revocations of Class E Airspace:
Manasas, VA, 38581-38582 2011-16657 Amendments of Class E Airspace: Burlington, VT, 38584-38585 2011-16663 Clemson, SC, 38582-38584 2011-16655 Establishments of Class E Airspace: Wilkes-Barre, PA, 38585-38586 2011-16664 NOTICES Meetings: RTCA Special Committee 220, Eleventh Meeting; Automatic Flight Guidance and Control, 38742 2011-16596 RTCA Special Committee 221, Tenth Meeting; Aircraft Secondary Barriers and Alternative Flight Deck Security Procedures, 38741 2011-16607 RTCA Special Committee 223;
Airport Surface Wireless Communications, 38740-38741 2011-16591 RTCA Special Committee 224, Seventh Meeting; Airport Security Access Control Systems, 38742 2011-16595 RTCA Special Committee 225, Third Meeting; Rechargeable Lithium Batteries and Battery Systems, 38741-38742 2011-16592 Federal Deposit Federal Deposit Insurance Corporation NOTICES Update Listings of Financial Institutions in Liquidation, 38651 2011-16533 Federal Maritime Federal Maritime Commission NOTICES Ocean Transportation Intermediary Licenses;
Applicants, 38651-38652 2011-16546 Ocean Transportation Intermediary Licenses; Rescissions of Revocations, 38652-38653 2011-16545 Ocean Transportation Intermediary Licenses; Revocations, 38653 2011-16544 Federal Motor Federal Motor Carrier Safety Administration PROPOSED RULES Regulatory Guidance: Applicability of Regulations to Operators of Certain Farm Vehicles and Off-Road Agricultural Equipment, 38597-38598 2011-16548 Federal Reserve Federal Reserve System NOTICES Changes in Bank Control;
Acquisitions of Shares of Bank or Bank Holding Company, 38653-38654 2011-16601 Fiscal Fiscal Service NOTICES Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies, 38888-38907 2011-16437 Prompt Payment Interest Rate; Contract Disputes Act, 38742-38743 2011-16656 Fish Fish and Wildlife Service RULES Endangered and Threatened Wildlife and Plants: Revised Recovery Plan for the Northern Spotted Owl (Strix occidentalis caurina), 38575-38576 2011-16456 NOTICES Meetings:
Wind Turbine Guidelines Advisory Committee, 38677 2011-16527 Food and Drug Food and Drug Administration RULES Oral Dosage Form New Animal Drugs: Amprolium, 38554 2011-16501 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Experimental Study of Comparative Direct-to-Consumer Advertising, 38663-38666 2011-16628 Experimental Study of Format Variations in the Brief Summary of Direct-to-Consumer Print Advertisements, 38658-38663 2011-16552 Funding Availabilities:
Dauphin Island Sea Lab Collaboration, 38666-38667 2011-16627 Meetings: Advisory Committee for Pharmaceutical Science and Clinical Pharmacology, 38668-38669 2011-16576 Transmissible Spongiform Encephalopathies Advisory Committee, 38667-38668 2011-16574 Foreign Assets Foreign Assets Control Office RULES Libyan Sanctions Regulations, 38562-38568 2011-16621 Forest Forest Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Foreign Travel Proposal, 38602-38603 2011-16652 Call for Nominations:
Primary and Alternate Representatives, Santa Rosa and San Jacinto Mountains National Monument Advisory Committee, 38679-38680 2011-16520 Meetings: Rogue-Umpqua Resource Advisory Committee, 38604 2011-16423 Siskiyou County Resource Advisory Commitee, 2011-16561 38603-38604 2011-16562 Southern Montana Resource Advisory Committee, 38604 2011-16557 Government Ethics Government Ethics Office RULES Executive Branch Financial Disclosure and Standards of Ethical Conduct Regulations, 38547-38548 2011-16642 Health and Human Health and Human Services Department See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services See Children and Families Administration See Food and Drug Administration See National Institutes of Health RULES World Trade Center Health Program:
Requirements for Enrollment, Appeals, Certification of Health Conditions, and Reimbursement, 38914-38936 2011-16488 PROPOSED RULES World Trade Center Health Program Requirements: Addition of New WTC-Related Health Conditions, 38938-38942 2011-16511 Homeland Homeland Security Department See Coast Guard Housing Housing and Urban Development Department NOTICES Federal Property Suitable as Facilities to Assist Homeless, 38810-38842 2011-16214 Orders Of Succession: Office of Strategic Planning and Management, 38672 2011-16639 Redelegation of Authority to the Office of Strategic Planning and Management, 38672-38673 2011-16649 Indian Affairs Indian Affairs Bureau NOTICES Environmental Impact Statements;
Availability, etc.: Proposed Los Coyotes Band of Cahuilla and Cupeno Indians' Fee-to-Trust Transfer and Casino-Hotel Project, 38677-38678 2011-16364 Industry Industry and Security Bureau NOTICES Meetings: Sensors and Instrumentation Technical Advisory Committee, 38608-38609 2011-16665 Interior Interior Department See Bureau of Ocean Energy Management, Regulation and Enforcement See Fish and Wildlife Service See Indian Affairs Bureau See Land Management Bureau See National Park Service See Office of Natural Resources Revenue NOTICES Establishment of 21st Century Conservation Service Corps Advisory Committee;
Call for Nominations, 38673 2011-16584 International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Orders, Findings, or Suspended Investigations: Advance Notification of Sunset Reviews, 38611-38612 2011-16625 Opportunity to Request Administrative Review, 38609-38611 2011-16630 Final Results of the Expedited Sunset Reviews of Antidumping Duty Orders: Certain Polyester Staple Fiber from the Republic of Korea and Taiwan, 38612-38613 2011-16651 Initiation of Five-Year (Sunset) Reviews, 38613-38614 2011-16623 Transportation Infrastructure/Multimodal Products and Services Trade Missions:
Doha, Qatar, and Abu Dhabi and Dubai, United Arab Emirates, 38614-38617 2011-16549 International Trade Com International Trade Commission NOTICES Institution of a Five-Year Review Concerning Antidumping Duty Orders: Stainless Steel Wire Rod from India, 38686-38688 2011-16452 Institution of a Five-Year Review Concerning the Antidumping Duty Orders: Certain Welded Stainless Steel Pipe from Korea and Taiwan, 38688-38691 2011-16449 Institution of Five-Year Review Concerning Countervailing Duty Orders:
Certain Pipe and Tube from Brazil, India, Korea, Mexico, Taiwan, Thailand, and Turkey, 38691-38694 2011-16443 Institution of Five-Year Reviews Concerning Suspended Investigations: Uranium from Russia, 38694-38697 2011-16451 Investigations: Cased Pencils from China, 38697 2011-16537 Certain Pressure Steel Cylinders from China, 38697-38698 2011-16450 Fresh and Chilled Atlantic Salmon from Norway, 38698-38699 2011-16445 Justice Department Justice Department See Antitrust Division NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals: Annual Certification Report and Equitable Sharing Agreement, 38699-38700 2011-16573 Land Land Management Bureau NOTICES Alaska Native Claims Selection, 38678-38679 2011-16653 Call for Nominations: Primary and Alternate Representatives, Santa Rosa and San Jacinto Mountains National Monument Advisory Committee, 38679-38680 2011-16520 Coal Exploration License Application; Participation, 38680 2011-16521 Environmental Impact Statements; Availability, etc.:
West Chocolate Mountains Renewable Energy Evaluation Area, Imperial Valley, CA, and Draft California Desert Conservation Plan Amendment, 38680-38681 2011-16556 Filings of Plats of Surveys: Arizona, 38681-38684 2011-16568 Meetings: Proposed Withdrawal Extension; Colorado, 38684 2011-16569 Mississippi Mississippi River Commission NOTICES Meetings; Sunshine Act, 38708-38709 2011-16702 National Institute Food National Institute of Food and Agriculture RULES Competitive and Noncompetitive Nonformula Federal Assistance Programs:
Administrative Provisions for Biomass Research and Development Initiative, 38548-38549 2011-16256 National Institute National Institutes of Health NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Food Reporting Comparison Study and Food and Eating Assessment Study, 38669-38670 2011-16613 Neuropsychosocial Measures Formative Research Methodology Studies for National Children's Study, 38670-38671 2011-16612 Meetings: Center for Scientific Review, 38671 2011-16615 National Oceanic National Oceanic and Atmospheric Administration PROPOSED RULES Atlantic Highly Migratory Species:
Vessel Monitoring Systems, 38598 2011-16620 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Coral Reef Conservation Program Survey, 38618 2011-16525 Fishermen's Contingency Fund, 38617-38618 2011-16553 National Saltwater Angler Registry and State Exemption Program, 38619-38620 2011-16594 StormReady, TsunamiReady and StormReady/TsunamiReady Application Forms, 38618-38619 2011-16523 International Fisheries; Atlantic Highly Migratory Species:
Bluefin Tuna Import, Export, Re-export, 38620 2011-16619 Meetings: New England Fishery Management Council, 38620-38621 2011-16536 2011-16586 Takes of Marine Mammals Incidental to Specified Activities: Marine Geophysical Survey in the Western Gulf of Alaska, June to August, 2011, 38621-38638 2011-16606 National Park National Park Service NOTICES Boundary Revisions: Virgin Islands National Park, 38684-38685 2011-16644 Environmental Impact Statements; Availability, etc.: Tumacacori National Historical Park, Arizona, 38685 2011-16643 National Science National Science Foundation NOTICES Meetings:
Proposal Review Panel for Ocean Sciences, 38709 2011-16535 National Telecommunications National Telecommunications and Information Administration NOTICES Meetings: Commerce Spectrum Management Advisory Committee, 38638-38639 2011-16542 Navy Navy Department NOTICES Privacy Act; Systems of Records, 38643-38645 2011-16602 Office of Natural Resources Revenue RULES Reorganization of Title 30, Code of Federal Regulations, 38555-38562 2011-16681 Patent Patent and Trademark Office NOTICES Trademark Board Manual of Procedure, Third Edition, 38639-38640 2011-16605 Personnel Personnel Management Office NOTICES Excepted Service, 38709-38710 2011-16547 Postal Regulatory Postal Regulatory Commission NOTICES Meetings;
Sunshine Act, 38710 2011-16697 Public Debt Public Debt Bureau See Fiscal Service Rural Business Rural Business-Cooperative Service NOTICES Funding Availabilities: Rural Business Opportunity Grants; Inviting Applications, 38604-38608 2011-16555 Securities Securities and Exchange Commission NOTICES Self-Regulatory Organizations; Proposed Rule Changes: BATS Exchange, Inc., 38712-38713 2011-16551 BATS Y-Exchange, Inc., 38714-38715 2011-16550 NASDAQ OMX BX, Inc., 38710-38712 2011-16570 NASDAQ Stock Market LLC, 38715-38717 2011-16538 Small Business Small Business Administration NOTICES Disaster Declarations:
Arkansas; Amendment 8, 38717 2011-16529 North Carolina; Amendment 4, 38717 2011-16531 North Dakota; Amendment 3, 38717 2011-16530 Interest Rates, 38717-38718 2011-16581 Major Disaster Declarations: Indiana, 38718 2011-16582 North Dakota, 38718 2011-16580 Social Social Security Administration RULES Major Life-Changing Events Affecting Income-Related Monthly Adjustment Amounts to Medicare Part B Premiums, 38552-38554 2011-16526 Tennessee Tennessee Valley Authority NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 38718-38719 2011-16564 Transportation Department Transportation Department See Federal Aviation Administration See Federal Motor Carrier Safety Administration NOTICES Funding Availabilities: National Infrastructure Investments under Full-Year Continuing Appropriations, 2011, 38719-38740 2011-16514 Orders Soliciting Community Proposals, 38944-38959 2011-16727 Treasury Treasury Department See Community Development Financial Institutions Fund See Fiscal Service See Foreign Assets Control Office Veteran Affairs Veterans Affairs Department NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 38743 2011-16502 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Application by Insured Terminally Ill Person for Accelerated Benefit, 38744-38745 2011-16504 Report of Treatment in Hospital, 38743-38744 2011-16503 Suspension of Monthly Check, 38745 2011-16505 Separate Parts In This Issue Part II Environmental Protection Agency, 38748-38808 2011-14981 Part III Housing and Urban Development Department, 38810-38842 2011-16214 Part IV Environmental Protection Agency, 38844-38890 2011-16018 Part V Treasury Department, Fiscal Service, 38888-38907 2011-16437 Part VI Health and Human Services Department, 38914-38936 2011-16488 Part VII Health and Human Services Department, 38938-38942 2011-16511 Part VIII Transportation Department, 38944-38959 2011-16727 Reader Aids Consult the Reader Aids section at the end of this page for phone numbers, online resources, finding aids, reminders, and notice of recently enacted public laws.
To subscribe to the Federal Register Table of Contents LISTSERV electronic mailing list, go to http://listserv.access.gpo.gov and select Online mailing list archives, FEDREGTOC-L, Join or leave the list (or change settings); then follow the instructions. 76 127 Friday, July 1, 2011 Rules and Regulations OFFICE OF GOVERNMENT ETHICS 5 CFR Parts 2634 and 2635 RINs 3209-AA00 and 3209-AA04 Technical Updating Amendments to Executive Branch Financial Disclosure and Standards of Ethical Conduct Regulations AGENCY:
Office of Government Ethics (OGE). ACTION: Final rule; technical amendments. SUMMARY: The Office of Government Ethics is updating its executive branch regulation on financial disclosure to reflect the retroactive statutory increase of the reporting thresholds for gifts and travel reimbursements. As a matter of regulatory policy, OGE is also raising the widely attended gatherings nonsponsor gifts exception dollar ceiling under the executive branchwide standards of ethical conduct regulation, but this change is not retroactive.
DATES: The rule is effective July 1, 2011. The amendments to 5 CFR 2634.304 and 2634.907 (as set forth in amendatory paragraphs 2 and 3) are retroactively applicable as of January 1, 2011. FOR FURTHER INFORMATION CONTACT: Elaine Newton, Attorney-Advisor, Office of Government Ethics; Telephone: 202-482-9300; TTY: 800-877-8339; FAX: 202-482-9237. SUPPLEMENTARY INFORMATION: The Office of Government Ethics is amending pertinent sections of its executive branchwide ethics regulations on financial disclosure and standards of ethical conduct, as codified at 5 CFR parts 2634 and 2635, in order to update certain reporting and other thresholds.
Increased Gifts and Travel Reimbursements Reporting Thresholds First, OGE is revising its executive branch financial disclosure regulation at 5 CFR part 2634 applicable as of January 1, 2011 to reflect the increased reporting thresholds for gifts, reimbursements and travel expenses for both the public and confidential executive branch financial disclosure systems. These increases conform to the statutorily mandated public disclosure reporting thresholds under section 102(a)(2)(A) &
(B)of the Ethics in Government Act as amended, 5 U.S.C. app. section 102(a)(2)(A) & (B), and are extended to confidential disclosure reporting by OGE's regulation. Under the Ethics Act, the gifts and reimbursements reporting thresholds are tied to the dollar amount for the “minimal value” threshold for foreign gifts as the General Services Administration
(GSA)periodically redefines it. In a recent rulemaking, GSA raised “minimal value” under the Foreign Gifts and Decorations Act, 5 U.S.C. 7342, to “$350 or less” (from the prior level of $335 or less) for the three-year period 2011-2013. See 76 FR 30550-30551(May 26, 2011), revising retroactively to January 1, 2011, the foreign gifts minimal value definition as codified at 41 CFR 102-42.10. Accordingly, applicable as of that same date, OGE is increasing the thresholds for reporting of gifts and travel reimbursements from any one source in 5 CFR 2634.304 and 2634.907(g) (and as illustrated in the examples following those sections, including appropriate adjustments to gift values therein) of its executive branch financial disclosure regulation to “more than $350” for the aggregation threshold for reporting and “$140 or less” for the de minimis exception for gifts and reimbursements which do not have to be counted towards the aggregate threshold. As noted, these regulatory increases just reflect the underlying statutory increases effective January 1 of this year. OGE will continue to adjust the gifts and travel reimbursements reporting thresholds in its part 2634 regulation in the future as needed in light of GSA's redefinition of “minimal value” every three years for foreign gifts purposes. See OGE's prior three-year adjustment of those regulatory reporting thresholds, as published at 73 FR 15387-15388 (March 24, 2008) (for 2008-2010, the aggregate reporting level was more than $335, with a $134 or less de minimis exception). Increased Dollar Ceiling for the Exception for Nonsponsor Gifts of Free Attendance at Widely Attended Gatherings In addition, OGE is increasing from $335 to $350 the exception ceiling for nonsponsor gifts of free attendance at widely attended gatherings under the executive branch standards of ethical conduct regulation, as codified at 5 CFR 2635.204(g)(2) (and as illustrated in the examples following paragraph (g); a sum total value in one example is also being adjusted accordingly). This separate regulatory change is effective upon publication in the **Federal Register** , on July 1, 2011. 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). The nonsponsor gift ceiling was last raised in the March 2008 OGE rulemaking noted in the preceding paragraph above. Thus, it is reasonable to again increase the nonsponsor gift ceiling to match the further increase in the gifts/travel reimbursements reporting thresholds. The other requirements for acceptance of such nonsponsor gifts, including an agency interest determination and expected attendance by more than 100 persons, remain unchanged. Matters of Regulatory Procedure Administrative Procedure Act Pursuant to 5 U.S.C. 553(b) and (d), as Acting 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 updating amendments. The notice, comment and delayed effective date provisions are being waived in part because these technical 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 is based on a statutory formula and also lessens the reporting burden somewhat. Therefore, that regulatory revision is being made retroactively effective January 1, 2011, when the change became effective under the Ethics Act. Regulatory Flexibility Act As Acting 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 because it primarily affects Federal employees. Paperwork Reduction Act The Paperwork Reduction Act (44 U.S.C. chapter 35) does not apply because this amendatory rulemaking itself 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 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 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 these technical 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 Acting 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. List of Subjects 5 CFR Part 2634 Certificates of divestiture, Conflict of interests, Financial disclosure, Government employees, Penalties, Privacy, Reporting and recordkeeping requirements, Trusts and trustees. 5 CFR Part 2635 Conflict of interests, Executive branch standards of ethical conduct, Government employees. Approved: June 27, 2011. Don W. Fox, Acting Director, Office of Government Ethics. For the reasons set forth in the preamble, the Office of Government Ethics is amending 5 CFR parts 2634 and 2635 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. Subpart C—Contents of Public Reports § 2634.304 [Amended] 2. Section 2634.304 is amended by: A. Removing the dollar amount “$335” in paragraphs
(a)and
(b)and in examples 1 and 4 following paragraph
(d)and adding in its place in each instance the dollar amount “$350”; B. Removing the dollar amount “$134” in paragraph
(d)and in examples 1 and 2 following paragraph
(d)and adding in its place in each instance the dollar amount “$140”; and C. Removing the dollar amounts “$170” and “$335” in example 3 following paragraph
(d)and adding in their place the dollar amounts “$180” and “$350”, respectively. Subpart I—Confidential Financial Disclosure Reports § 2634.907 [Amended] 3. Section 2634.907 is amended by: A. Removing the dollar amount “$335” in paragraphs (g)(1) and (g)(2) and in the example to paragraph
(g)and adding in its place in each instance the dollar amount “$350”; and B. Removing the dollar amount “$134” in paragraph (g)(3) and in the example to paragraph
(g)and adding in its place in each instance the dollar amount “$140”. PART 2635—STANDARDS OF ETHICAL CONDUCT FOR EMPLOYEES OF THE EXECUTIVE BRANCH 4. 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. Subpart B—Gifts from Outside Sources § 2635.204 [Amended] 5. Section 2635.204 is amended by: A. Removing the dollar amount “$335” in paragraph (g)(2) and in examples 1 and 2 (in the latter of which it appears twice) following paragraph (g)(6) and adding in its place in each instance the dollar amount “$350”; and B. Removing the dollar amount “$670” in example 2 following paragraph (g)(6) and adding in its place the dollar amount “$700”. [FR Doc. 2011-16642 Filed 6-30-11; 8:45 am]
Connectionstraces to 8
8 references not yet in our index
  • 5 CFR 2634.304
  • 5 CFR 2634
  • 41 CFR 102
  • 5 CFR 2635.204(g)(2)
  • 5 CFR 2635
  • Pub. L. 101-410
  • 104 Stat. 890
  • Pub. L. 104-134
Citation graph
cites case law
Unknown
Final rule; technical amendments
Cite5 CFR 2634.304
Cite5 CFR 2634
Cite41 CFR 102
Cite5 CFR 2635.204(g)(2)
Cites 16 · showing 12Cited by 0 across 0 sources
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