[Federal Register Volume 64, Number 220 (Tuesday, November 16, 1999)] [Rules and Regulations] [Pages 62112-62113] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 99-29658] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF THE TREASURY 31 CFR Part 18 Agency Organization: Vacancy, Disability, and Absence
Agency
Office of the Secretary of the Treasury, Department of the Treasury.
Action
Final rule.
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Summary
This final rule establishes regulations concerning the functions and duties of certain offices within the Department of the Treasury in case of absence, disability, or vacancy. The rule is consistent with sections 3345 through 3349d of title 5, United States Code, as amended by the Federal Vacancies Reform Act of 1998. Currently codified at 31 CFR Part 18 are temporary regulations relating to the tax treatment of the Conrail public sale. Although the temporary regulations are no longer needed and are being replaced by the regulation in this document, the temporary regulations continue to apply to transactions that occurred while they were effective.
EFFECTIVE DATE: November 16, 1999.
For Further Information Contact
Randolph B. Sim, Attorney Adviser, Office of the Assistant General Counsel (General Law and Ethics), Department of the Treasury, Washington, DC 20220, (202) 622-0450 (not a toll-free call).
Supplementary Information
Section 3345 of title 5, United States Code, provides that when an officer whose appointment is required to be made by the President, by and with the advice and consent of the Senate (``PAS Office''), dies, resigns, or is otherwise unable to perform the functions and duties of the office, the first assistant to the office of such officer (``First Assistant'') may perform temporarily the functions and duties of the PAS Office. The rule authorizes the Secretary to establish for each office within the Department of the Treasury (including its bureaus) to which appointment is required to be made by the President with the advice and consent of the Senate a First Assistant within the meaning of 5 U.S.C. 3345-3349d. If there is a principal deputy to the PAS Office, that official is the First Assistant. If there is no position with the title ``principal deputy,'' but there is one, and only one, deputy position to the PAS Office (which deputy may have a different title, such as Deputy Director), that deputy is the First Assistant. If there is no position which qualifies as First Assistant under these tests, the Secretary may designate a First Assistant. Consistent with 5 U.S.C. 3347, the rule does not apply to certain specified offices or if a statute prescribes another means for authorizing an officer or employee to perform the functions and duties of a PAS Office temporarily in an acting capacity. This rule shall not affect the filing of vacancies that occurred prior to the effective date of the Federal Vacancies Reform Act of 1998. Because this rule relates to agency management and personnel, it is not subject to notice and public procedure or to a delayed effective date pursuant to 5 U.S.C. 553(a)(2). Because no notice of proposed rulemaking is required, the provisions of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) do not apply. This document is not a significant regulatory action for purposes of Executive Order 12866.
List of Subjects in 31 CFR Part 18
Government employees, Organization and functions (Government agencies). Accordingly, part 18 of title 31 of the Code of Federal Regulations is revised to read as follows:
PART 18--OFFICIALS DESIGNATED TO PERFORM THE FUNCTIONS AND DUTIES OF CERTAIN OFFICES IN CASE OF ABSENCE, DISABILITY, OR VACANCY
Sec. 18.1 Designation of First Assistants. 18.2 Exceptions.
Authority: 5 U.S.C. 301; 31 U.S.C. 321.
Sec. 18.1 Designation of First Assistants.
Except as provided in Sec. 18.2, every office within the Department of the Treasury (including its bureaus) to which appointment is required to be made by the President with the advice and consent of the Senate (``PAS Office'') may have a First Assistant within the meaning of 5 U.S.C. 3345-3349d. (a) Where there is a position of principal deputy to the PAS Office, the principal deputy shall be the First Assistant. (b) Where there is only one deputy position to the PAS Office, the official in that position shall be the First Assistant. (c) Where neither paragraph (a) nor (b) of this section is applicable to the PAS Office, the Secretary of the Treasury may designate in writing the First Assistant.
Sec. 18.2 Exceptions.
(a) Section 18.1 shall not apply: (1) When a statute which meets the requirements of 5 U.S.C. 3347(a) prescribes another means for authorizing an officer or employee to perform the functions and duties of a PAS Office in the Department temporarily in an acting capacity; and (2) To the office of a member of the Internal Revenue Service Oversight Board. (b) The Inspector General of the Department of the Treasury shall determine any arrangements for the temporary performance of the functions and duties of the Inspector General of the Department of the Treasury when that office is vacant. (c) The Treasury Inspector General for Tax Administration shall determine any arrangements for the temporary performance of the functions and duties of the Treasury Inspector General for
Tax Administration when that office is vacant.
Dated: November 4, 1999. Lawrence H. Summers, Secretary of the Treasury. [FR Doc. 99-29658 Filed 11-15-99; 8:45 am] BILLING CODE 4810-25-M