WPC0 2 BP Z Courier 10cpi#|x urier 10cpi (Bold)CG Times (Scalable)HP LaserJet IIISi LPT1tional)HPLAIIAD.PRSx  @8;HQ#0^@2<#LX#|xCourier 10cpiCourier 10cpi (Bold)HPLASIII.PRSx  @8;HCN@?xxx,^x6X@8;X@?xxx,x `B;XDPG,#{ P7PBPG,7_ p^72> 0Pn > 7o"`H2 : ^GPoxxPPPxPPPPxxxxxxxxxxPPkP]PPPxxPkxkxkPxxCCxCxxxxY]CxxxxkkxkxxxxxxPxxxxxxxxxCkkkkkkkkkkPCPCPCPCxxxxxxxxxxkxxxxxxxxxxxxxxxxxxxxxxxxxCxxxxxxxxxHCxxxxxx[xxxxxxxxxxjPxxPPPWxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxNxxxPkbbxxxxxxTxxxxTPP||x>>xxxxxP|x!T"x}xxPPxPxxxxPxkxofxkkPPPPk]kxkPCkkxkxxxkkPxkPPxxxxxxxPxkPCourier 10cpiCourier 10cpi (Bold)CG Times (Scalable)CG Times Bold (Scalable)"`H2 : ^GPoxxPPPxPPPPxxxxxxxxxxPPx]sPPPxxPxkkTxCPCxk]PxxxkxxxxxxxxxPxxxxxxxxCxxxxxkkkkk]C]C]C]CxxxxxxxxxxxxxxxxxxxxxxxxxxCxxxxxxx]Cxxxx]xxxxxxkPxxPPPWxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxNxxxPxffxxxxxxTxxxxTPPx>>xxxxxPxT"xxxPPxPxxxxPxkxsfxxxPPPPk]kkk]Ckkxkxxxkk]xkPPxxxxxxxPxkP2. ?<!. ?< Federal Communications Commission DA 971994  ?<_________________________________________________________________ Â Before the 0 'Federal Communications Commission  ? <h Washington, D.C. 20554  ?x2 In the Matter of ) )  ?<Amendment of Parts 0 and 1 ) of the Commission's Rules )  ?2 Concerning Commission ) Organization and Agency ) Practice and Procedure )  ? 2  c 2;ORDER ă  ?!< Adopted: September 15, 1997; Released: September 16, 1997  ?< By the Managing Director:  ?2 1. The attached Appendix removes from Part 1 of the Commission's rules on Commission Practice and Procedure specific references to 18 U.S.C.  207 which are either superseded by the Office of Government Ethics' (OGE's) regulations found at 5 C.F.R. part 2641, or rendered obsolete because there is no equivalent language in revised 18 U.S.C.  207. 2. There have been several significant amendments to  ?218 U.S.C.  207. Under the Ethics Reform Act of 1989, Pub. L. No. 101194 (1989), sections 207(g) and (j) were removed. A subsequent amendment to section 207(c)(2)(A)(ii) substituted "level 5 of the Senior Executive Service" for "level 5 of the Executive Schedule" and an amendment to section 207(j) provided an additional exception from the oneyear bar found at 18 U.S.C.  207(c) and (d) for certain political activity by senior  ?2Federal employees. OGE Reauthorization Act of 1996, Pub. L. No. 104179,  5, 6 (1996). Because the references to section 207 contained in Part 0 of the Commission's rules have been superseded by OGE regulations or made obsolete by subsequent changes to section 207, we are removing them herein. 3. In compliance with the OGE's new governmentwide Standards of Ethical Conduct (5 C.F.R. part 2635), on  ?%2July 20, 1994, the Commission adopted an Order delegating authority to the General Counsel to assume the responsibilities"&0*''*" of serving as the Commission's Designated Agency Ethics Official  ?2(DAEO). 9 FCC Rcd. 3596 (1994); 5 C.F.R  2638.2012638.202; 47 C.F.R.  0.251(a). Although determinations concerning waivers of the applicability of section 4(b) of the Communications Act  ? 2and the Federal conflict of interest statutes (i.e., 18 U.S.C  203, 205 and 208) fall within the broad delegated authority  ?2given to the DAEO, see 5 C.F.R.  2638.201, corresponding revisions were not made to the functions of the Office of the Managing Director and authority delegated to the General Counsel  ?2in Part 0 of the Commission's rules. 47 C.F.R.  0.11(a)(9)  ?2and 0.251. To correct this oversight, we are amending these sections to reflect that the DAEO is responsible for making determinations concerning waivers of section 4(b) of the  ?( 2Communications Act and the Federal conflict of interest statutes.   ? 2   ? 2 4. The revisions adopted in this Order apply to internal rules of agency personnel organization, management, practice and procedure for which notice and comment is not required. 5 U.S.C.  553(a)(2),(b)(3)(A) and (d).  ?2 5. Accordingly, IT IS ORDERED THAT, effective upon  ?h2publication in the Federal Register, Parts 0 and 1 of the  ?02Commission's rules ARE AMENDED,  as set forth in the attached  ?2Appendix , pursuant to the authority contained in sections 4(i), 5(c) and 303(r) of the Communications Act, 47 U.S.C.  154(i), 155(c) and 303(r), and section 0.231(b) of the Commission's regulations, 47 C.F.R.  0.231(b).  ?< FEDERAL COMMUNICATIONS COMMISSION  ?p<  ?2 Andrew S. Fishel Managing Director  ? 2 X#R   ?2"0*''"  ?< W ?< Federal Communications Commission DA 971994  ?<_________________________________________________________________  ?< APPENDIX Ã Parts 0 and 1 of title 47 of the Code of Federal Regulations are amended as follows:  ?< PART 0 COMMISSION ORGANIZATION  ?2 1. The authority citation for part 0 continues to read as follows:  ? < Sec. 5, 48 Stat. 1068, as amended; 47 U.S.C. 155.  ? 2 2. In  0.11, remove and reserve paragraph (a)(9).  ?H <  ?< 3. In  0.231, remove and reserve paragraphs (c) and (f).  ?2 4. In  0.251, add new paragraph (i) to read as follows:  ?0< Sec. 0.251 Authority Delegated * * * * * (i) The General Counsel is delegated authority to make determinations regarding and waive the applicability of section 4(b) of the Communications Act (47 U.S.C. 154(b)) and the Federal conflict of interest statutes (18 U.S.C. 203, 205 and 208).  ?p2  ?8< Part 1 PRACTICE AND PROCEDURE 5. The authority citation for part 1 continues to read as follows:  ? < 47 U.S.C. 151, 154, 207, 303 and 309(j) unless otherwise noted.  ?2  ?2 6. Remove and reserve  1.25, 1.28 and 1.29.  X#R