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Rules and Regulations
Federal Register Vol. 86, No. 218
Tuesday, November 16, 2021

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.

OFFICE OF GOVERNMENT ETHICS
5 CFR Part 2638
RIN 3209AA63

Executive Branch Ethics Program;
Technical Correction Office of Government Ethics.
Final rule; technical correction.

AGENCY:
ACTION:

The Office of Government Ethics OGE is issuing a technical correction to the executive branch ethics program regulation that describes OGEs written guidance, following the inadvertent removal of certain paragraphs in the regulation that occurred when it was revised in August 2020.
DATES: This final rule is effective November 16, 2021.
FOR FURTHER INFORMATION CONTACT:
Patrick J. Lightfoot, Associate Counsel, or Margaret Dylus-Yukins, Assistant Counsel; Telephone: 2024829300.
SUPPLEMENTARY INFORMATION:
SUMMARY:

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I. Background On August 20, 2020, the U.S. Office of Government Ethics OGE issued new regulations at 5 CFR part 2611, which set forth processes and procedures for OGEs issuance of guidance documents as required by Executive Order 13891, Promoting the Rule of Law Through Improved Agency Guidance Documents October 9, 2019. 85 FR
51301 August 20, 2020. In that same August 2020 rulemaking, OGE made a technical modification to 5 CFR
2638.208 to replace the term guidance documents with the phrase written guidance in order to reduce any potential confusion with the new 5
CFR part 2611 regulation in which guidance document had become a specific term of art. Id. The regulations at 5 CFR part 2611 were later removed pursuant to Executive Order 13992, Revocation of Certain Executive Orders Concerning Federal Regulation
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January 20, 2021. See 86 FR 25801
May 11, 2021.
Although the intent of this technical change was to replace only that phrasing in 5 CFR 2638.208, OGEs instructions to the Federal Register were unclear, and resulted in the inadvertent deletion of paragraphs a, b, and c in 5 CFR 2638.208. To correct this error, OGE is issuing this technical rulemaking to add paragraphs a, b, and c back into 5 CFR 2638.208
as they existed before the August 20, 2020, amendments. OGE has made no substantive change to the text of these paragraphs, which will once again read as they did when 5 CFR part 2638 was updated in 2016. See 81 FR 76271
November 2, 2016.
II. Matters of Regulatory Procedure Administrative Procedure Act Pursuant to 5 U.S.C. 553b3A, as Director of the Office of Government Ethics, the notice and comment procedures are being waived because these amendments concern matters of agency organization, procedure and practice.
Regulatory Flexibility Act As the Director of the Office of Government Ethics, I certify under the Regulatory Flexibility Act 5 U.S.C.
chapter 6 that this final rule would not have a significant economic impact on a substantial number of small entities because it primarily affects current Federal executive branch employees.
Paperwork Reduction Act The Paperwork Reduction Act 44
U.S.C. chapter 35 does not apply because this regulation does not contain information collection requirements that require 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 5, subchapter II, this final rule would 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.

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Executive Order 13563 and Executive Order 12866
Executive Orders 13563 and 12866
direct agencies to assess all costs and benefits of available regulatory alternatives and, if regulation is necessary, to select the regulatory approaches that maximize net benefits including economic, environmental, public health and safety effects, distributive impacts, and equity.
Executive Order 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. In promulgating this rulemaking, OGE has adhered to the regulatory philosophy and the applicable principles of regulation set forth in Executive Orders 12866 and 13563. The rule has not been reviewed by the Office of Management and Budget because it is not a significant regulatory action for the purposes of Executive Order 12866.
Executive Order 12988
As Director of the Office of Government Ethics, I have reviewed this rule in light of section 3 of Executive Order 12988, Civil Justice Reform, and certify that it meets the applicable standards provided therein.
Executive Order 13175
The Office of Government Ethics has evaluated this final rule under the criteria set forth in E.O. 13175 and determined that tribal consultation is not required as this final rule has no substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes.
List of Subjects in 5 CFR Part 2638
Administrative practice and procedure, Conflict of interests, Government employees, Reporting and recordkeeping requirements.
Approved: November 9, 2021.
Emory Rounds, Director, U.S. Office of Government Ethics.

For the reasons stated in the preamble, the U.S. Office of Government Ethics amends 5 CFR part 2638 by making the following technical correction:

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