Unknown. Final rule; amendment

4,444 words·~20 min read·/register/2001/11/30/01-29800·

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-2001-11-30.xml --- 66 231 Friday, November 30, 2001 Contents Agricultural Agricultural Marketing Service RULES Pears (Bartlett) grown in— Oregon and Washington, 59677-59679 01-29704 Prunes (fresh) grown in— Washington and Oregon, 59675-59677 01-29705 NOTICES Grants and cooperative agreements; availability, etc.: Federal-State Marketing Improvement Program, 59773 01-29703 Agriculture Agriculture Department See Agricultural Marketing Service See Animal and Plant Health Inspection Service See Farm Service Agency See Food and Nutrition Service See Forest Service Animal Animal and Plant Health Inspection Service NOTICES Meetings:

Veterinary biological products, 59773-59774 01-29725 Army Army Department See Engineers Corps Blind Blind or Severely Disabled, Committee for Purchase From People Who Are See Committee for Purchase From People Who Are Blind or Severely Disabled Centers Centers for Disease Control and Prevention NOTICES Meetings: Disease, Disability, and Injury Prevention and Control Special Emphasis Panels, 59794 01-29732 Centers Centers for Medicare & Medicaid Services RULES Medicare: Hospital outpatient prospective payment system (2002 CY), 59855-60125 01-29621 Civil Civil Rights Commission NOTICES Meetings;

Sunshine Act, 59779 01-29853 Coast Guard Coast Guard RULES Drawbridge operations: New York, 59695 01-29760 Ports and waterways safety: Boston Marine Inspection Zone and Captain of the Port Zone, MA; safety and security zones, 59696-59698 01-29761 Commerce Commerce Department See National Oceanic and Atmospheric Administration Committee for Purchase Committee for Purchase From People Who Are Blind or Severely Disabled NOTICES Procurement list; additions and deletions, 59777-59778 01-29782 01-29784 Procurement list; additions and deletions; correction, 59778-59779 01-29783 Copyright Copyright Office, Library of Congress RULES Copyright arbitration royalty panel rules and procedures:

Musical compositions performance by colleges and universities; cost of living adjustment, 59698-59699 01-29785 Council Council on Environmental Quality NOTICES Meetings: National Environmental Policy Act; implementation guidelines; federal interagency disagreements; comment request, 59788-59789 01-29801 Defense Defense Department See Engineers Corps NOTICES Federal Acquisition Regulation (FAR): Agency information collection activities— Proposed collection; comment request, 59782 01-29791 Education Education Department RULES Grants:

Direct grant programs; discretionary grants; application review process, 60135-60138 01-29726 Employment Employment and Training Administration NOTICES Adjustment assistance: Aquatech, Inc., 59818 01-29751 Donohue Industries, Inc., 59818 01-29748 General Electric Quartz et al., 59818-59819 01-29754 Johnson Controls, Inc., 59819 01-29749 Nachi Machining Tech. et al., 59819-59820 01-29755 National Refractories et al., 59820-59821 01-29756 Adjustment assistance and NAFTA transitional adjustment assistance:

Glass Works WV, LLC, et al., 59816-59818 01-29753 NAFTA transitional adjustment assistance: Taylor Lumber & Treating, 59821 01-29750 TNS Mills, Inc., 59821 01-29757 Welcast Plastics, 59821 01-29752 Employment Employment Standards Administration NOTICES Minimum wages for Federal and federally-assisted construction; general wage determination decisions, 59822-59823 01-29547 Energy Energy Department See Federal Energy Regulatory Commission NOTICES Electricity export and import authorizations, permits, etc.:

New York Independent System Operator, Inc., 59784-59785 01-29758 Engineers Engineers Corps NOTICES Environmental statements; notice of intent: Hamilton Army Airfield, CA; wetland restoration project, 59782-59783 01-29787 Unalaska, AK; navigation improvements, 59784 01-29786 EPA Environmental Protection Agency RULES Air programs; approval and promulgation; State plans for designated facilities and pollutants: Illinois, 59711-59713 01-29774 Air quality implementation plans; approval and promulgation; various States:

Arizona, 59699-59702 01-29550 Illinois, 59702-59706 01-29655 01-29663 Indiana, 59708-59711 01-29648 Missouri, 59706-59708 01-29650 Hazardous waste: State underground storage tank program approvals— Minnesota, 59713-59716 01-29778 Superfund program: National oil and hazardous substances contingency plan— National priorities list update, 59716-59719 01-29552 PROPOSED RULES Air programs; approval and promulgation; State plans for designated facilities and pollutants: Illinois, 59757-59758 01-29775 Air quality implementation plans; approval and promulgation; various States:

Illinois, 59755-59757 01-29656 01-29662 Indiana, 59757 01-29649 Missouri, 59757 01-29651 Superfund program: National oil and hazardous substances contingency plan— National priorities list update, 59758-59759 01-29553 01-29657 NOTICES Environmental statements; availability, etc.: Agency statements— Comment availability, 59786-59787 01-29788 Weekly receipts, 59787-59788 01-29789 Environment Environmental Quality Council See Council on Environmental Quality Equal Equal Employment Opportunity Commission NOTICES Meetings;

Sunshine Act, 59789 01-29902 Executive Executive Office of the President See Council on Environmental Quality See Management and Budget Office See Presidential Documents See Trade Representative, Office of United States Farm Farm Service Agency RULES Farm marketing quotas, acreage allotments, and production adjustments: Tobacco Correction, 59675 01-29706 FAA Federal Aviation Administration RULES Aircraft: Repair stations, 59692-59693 01-29479 Airworthiness directives: Airbus, 59687-59689 01-29340 Boeing, 59681-59687 01-29323 01-29324 Bombardier, 59690-59692 01-29343 McDonnell Douglas, 59689-59690 01-29341 FCC Federal Communications Commission RULES Common carrier services:

Commercial mobile radio services— Wireless enhanced 911 service conditions; public safety answering point clarification; Richardson, TX; effective date, 59719 01-29806 Federal-State Joint Board on Universal Service— Non-price cap incumbent local exchange carriers and interexchange carriers; interstate services; Multi-Association Group regulatory plan, 59719-59733 01-29739 PROPOSED RULES Common carrier services: Federal-State Joint Board on Universal Service— Non-price cap incumbent local exchange carriers and interexchange carriers; interstate services;

Multi-Association Group regulatory plan, 59761-59769 01-29740 Interconnection— Unbundled network elements and interconnection; performance measurements and standards, 59759-59761 01-29746 NOTICES Rulemaking proceedings; petitions filed, granted, denied, etc., 59789 01-29682 Federal Election Federal Election Commission RULES Compliance procedures: Administrative fines; reporting requirements violations; civil money penalties; expiration date extension, 59680-59681 01-29678 Reports by political committees:

Election cycle reporting by authorized committees; correction, 59679-59680 01-29679 Federal Energy Federal Energy Regulatory Commission NOTICES Practice and procedure: Off-the-record communications, 59786 01-29723 *Applications, hearings, determinations, etc.:* Intermountain Rural Electric Association, 59785 01-29722 Pedricktown Cogeneration L.P., 59785-59786 01-29721 Fish Fish and Wildlife Service RULES Endangered and threatened species: Pgymy rabbit; Columbia Basin distinct population segment, 59734-59749 01-29615 PROPOSED RULES Endangered and threatened species:

Pygmy rabbit; Columbia Basin distinct population segment, 59769-59771 01-29612 NOTICES Endangered and threatened species: Recovery plans— Oregon silverspot butterfly, 59807 01-29733 Endangered and threatened species permit applications, 59806-59807 01-29792 Grants and cooperative agreements; availability, etc.: Multistate Conservation Program, 59807-59809 01-29702 Marine mammal permit applications, 59809 01-29793 Food Food and Drug Administration NOTICES Agency information collection activities:

Reporting and recordkeeping requirements, 59794 01-29743 Submission for OMB review; comment request, 59794-59797 01-29742 01-29802 Meetings: Anesthetic and Life Support Drugs Advisory Committee, 59798 01-29741 Prescription Drug User Fee Act— Legislative authority; stakeholders; correction, 59798 01-29804 Senior Executive Service: Performance Review Board; membership, 59798 01-29803 Food Food and Nutrition Service NOTICES Agency information collection activities: Proposed collection; comment request, 59774-59775 01-29708 Forest Forest Service NOTICES National Forest System land and resource management plan revision schedule, 59775-59777 01-29780 GSA General Services Administration NOTICES Federal Acquisition Regulation (FAR):

Agency information collection activities— Proposed collection; comment request, 59782 01-29791 Government Government Ethics Office RULES Standards of ethical conduct for Executive Branch employees, 59673-59675 01-29800 Health Health and Human Services Department See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services See Food and Drug Administration See Health Resources and Services Administration See National Institutes of Health See Substance Abuse and Mental Health Services Administration NOTICES Agency information collection activities:

Proposed collection; comment request, 59789-59790 01-29797 01-29798 Medicaid: Federal Medical Assistance and Enhanced Federal Medical Assistance Percentages (2003 FY), 59790-59793 01-29855 Scientific misconduct findings; administrative actions: Elster, Jason, 59793 01-29744 Health Health Resources and Services Administration NOTICES Agency information collection activities: Proposed collection; comment request, 59798-59799 01-29745 Housing Housing and Urban Development Department PROPOSED RULES Mortgage and loan programs:

FHA single family appraiser roster; appraiser qualifications for placement, 60127-60130 01-29681 Uniform Financial Reporting Standards; additional entity filing requirements, 60131-60134 01-29680 NOTICES Grants and cooperative agreements; availability, etc.: Facilities to assist homeless— Excess and surplus Federal property, 59805-59806 01-29605 Indian Indian Affairs Bureau NOTICES Environmental statements; availability, etc.: Moapa River Indian Reservation and BLM-managed lands, Clark County, NV;

Moapa Paiute Energy Center and associated facilities, 59809-59811 01-29707 Interior Interior Department See Fish and Wildlife Service See Indian Affairs Bureau See Land Management Bureau See Minerals Management Service See Surface Mining Reclamation and Enforcement Office International International Trade Commission NOTICES Import investigations: Ferrovanadium from— China and South Africa, 59815-59816 01-29799 Labor Labor Department See Employment and Training Administration See Employment Standards Administration Land Land Management Bureau NOTICES Environmental statements; availability, etc.:

Arkansas and Louisiana; public domain lands; planning analysis, 59811-59812 01-29731 Environmental statements; notice of intent: Grand Staircase-Escalante National Monument, UT, 59812 01-29729 Withdrawal and reservation of lands: Arizona, 59813-59814 01-29730 Library Library of Congress See Copyright Office, Library of Congress Management Management and Budget Office NOTICES Civil Rights Act Title VI enforcement; national origin discrimination against persons with limited English proficiency:

Assessment of costs and benefits associated with Executive Order 13266 implementation; information request, 59824-59825 01-29903 Maritime Maritime Administration NOTICES Coastwise trade laws; administrative waivers: SEA CHATEAU, 59838-59839 01-29765 Minerals Minerals Management Service NOTICES Agency information collection activities: Submission for OMB review; comment request, 59814-59815 01-29795 Environmental statements; availability, etc.: Western Gulf of Mexico OCS— Oil and gas lease sales, 59815 01-29796 NASA National Aeronautics and Space Administration NOTICES Federal Acquisition Regulation (FAR):

Agency information collection activities— Proposed collection; comment request, 59782 01-29791 National Highway National Highway Traffic Safety Administration PROPOSED RULES Motor vehicle safety standards: Lamps, reflectve devices, and associated equipment— Glare from headlamps and other front mounted lamps, 59769 01-29762 NIH National Institutes of Health NOTICES Meetings: National Cancer Institute, 01-29690 59799 01-29691 National Center For Research Resources, 59800 01-29687 National, Heart, Lung, and Blood Institute, 59800, 59803-59804 01-29688 01-29689 01-29696 National Institute of Allergy and Infectious Diseases, 01-29692 59801-59803 01-29693 01-29700 National Institute of Arthritis and Musculoskeletal and Skin Diseases, 59801 01-29684 National Institute of Child Health and Human Development, 59800-59801 01-29683 National Institute of Diabetes and Digestive and Kidney Diseases, 59803 01-29701 National Institute of Neurological Disorders and Stroke, 59802 01-29695 National Institute on Alcohol Abuse and Alcoholism, 01-29697 59802-59803 01-29699 Scientific Review Center, 01-29685 59804-59805 01-29686 01-29694 01-29698 NOAA National Oceanic and Atmospheric Administration RULES Endangered and threatened species:

Chirikof Island, AK; no-entry zone exemption; livestock removal, 59749-59750 01-29767 PROPOSED RULES Fishery conservation and management: Alaska; fisheries of Exclusive Economic Zone— King and tanner crab, 59771-59772 01-29772 NOTICES Meetings: New England Fishery Management Council, 59779-59780 01-29771 Permits: Endangered and threatened species, 59780 01-29768 Marine mammals, 59780-59782 01-29766 01-29769 01-29770 Nuclear Nuclear Regulatory Commission NOTICES Petitions; Director's decisions:

Union of Concerned Scientists, 59823 01-29781 Office Office of Management and Budget See Management and Budget Office Office of U.S. Trade Office of United States Trade Representative See Trade Representative, Office of United States Pension Pension Benefit Guaranty Corporation RULES Single-employer plans: Allocation of assets— Valuation of benefits and assets; expected retirement age, 59694-59695 01-29764 Benefits payable in terminated plans, 59693-59694 01-29763 Presidential Presidential Documents EXECUTIVE ORDERS Committies; establishment, renewal, termination, etc.:

Bioethics, President's Council on; establishment (EO 13237), 59849-59853 01-29948 Public Public Health Service See Centers for Disease Control and Prevention See Food and Drug Administration See Health Resources and Services Administration See National Institutes of Health See Substance Abuse and Mental Health Services Administration SEC Securities and Exchange Commission NOTICES Self-regulatory organizations; proposed rule changes: International Securities Exchange LLC, 59825-59827 01-29720 National Association of Securities Dealers, Inc., 59827-59830 01-29714 01-29719 Philadelphia Stock Exchange, Inc., 59830-59836 01-29715 01-29716 01-29717 01-29718 State State Department NOTICES Passport travel restrictions, U.S.:

Libya; correction, 59848 C1-29156 Substance Substance Abuse and Mental Health Services Administration NOTICES Meetings: Substance Abuse Prevention Center Drug Testing Advisory Board, 59805 01-29805 Surface Surface Mining Reclamation and Enforcement Office PROPOSED RULES Permanent program and abandoned mine land reclamation plan submissions: Kansas, 59751-59754 01-29759 TDA Trade and Development Agency NOTICES Senior Executive Service: Performance Review Board; membership, 59836-59837 01-29734 Trade Trade Representative, Office of United States NOTICES Privacy Act:

Systems of records, 59837-59838 01-29794 Transportation Transportation Department See Coast Guard See Federal Aviation Administration See Maritime Administration See National Highway Traffic Safety Administration Treasury Treasury Department PROPOSED RULES Privacy Act; implementation, 59754-59755 01-29710 NOTICES Agency information collection activities: Submission for OMB review; comment request, 59839 01-29711 Privacy Act: Systems of records, 59839-59841 01-29709 Veterans Veterans Affairs Department NOTICES Agency information collection activities:

Proposed collection; comment request, 59841-59842 01-29736 Meetings: Health Services Research and Development Service Scientific Review and Evaluation Board, 59842 01-29737 Privacy Act: Systems of records, 59842-59847 01-29735 Separate Parts In This Issue Part II Executive Office of the President, The President, 59849-59853 01-29948 Part III Health and Human Services Department, Centers for Medicare & Medicaid Services, 59855-60125 01-29621 Part IV Housing and Urban Development Department, 60127-60130 01-29681 Part V Housing and Urban Development Department, 60131-60134 01-29680 Part VI Education Department, 60135-60138 01-29726 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.

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. 66 231 Friday, November 30, 2001 Rules and Regulations OFFICE OF GOVERNMENT ETHICS 5 CFR Part 2635 RIN 3209-AAO4 Standards of Ethical Conduct for Employees of the Executive Branch; Definition of Compensation for Purposes of Prohibition on Acceptance of Compensation in Connection With Certain Teaching, Speaking and Writing Activities AGENCY:

Office of Government Ethics (OGE). ACTION: Final rule; amendment. SUMMARY: The Office of Government Ethics is adopting as final, with minor, nonsubstantive modifications, an interim rule amending the prohibition on employees' receipt of compensation for outside teaching, speaking and writing, as set forth in the Standards of Ethical Conduct for Employees of the Executive Branch. The amendment permits employees other than covered noncareer employees to accept travel expenses incurred in connection with covered teaching, speaking and writing activities.

EFFECTIVE DATE: December 31, 2001. FOR FURTHER INFORMATION CONTACT: William E. Gressman, Senior Associate General Counsel, Office of Government Ethics; telephone: 202-208-8000; TDD: 202-208-8025; FAX: 202-208-8037. SUPPLEMENTARY INFORMATION: On September 5, 2000, OGE published for comment an interim rule amending 5 CFR 2635.807(a) to allow employees other than covered noncareer employees to accept from outside sources travel expenses incurred in connection with certain outside teaching, speaking, and writing activities considered “related to official duties” under the rule.

See 65 FR 53650-53652. As more fully explained in the preamble to the interim rule, *id.* at 53650-53651, the purpose of the amendment was to bring § 2635.807(a) into conformity with the May 30, 1995, decision by the United States Court of Appeals for the District of Columbia Circuit in *Sanjour* v. *Environmental Protection Agency* , 56 F.3d 85 ( *en banc* ), as clarified in the April 14, 1998, decision on remand by the United States District Court for the District of Columbia, 7 F. Supp.2d 14 (D.D.C. 1998).

The Office of Government Ethics received three sets of comments in response to publication of the interim rule. One agency, noting that Examples 1 and 2 conclude that the speaking activities there addressed are “related to her duties” or “related to duties,” suggested we clarify that the speaking activities are related to *official* duties. We have followed this suggestion. Including the word “official” provides clarity and is more consistent with the language defining teaching, speaking or writing as related “to the employee's *official* duties” (emphasis added) in the circumstances set forth in paragraphs

(A)through

(E)of § 2635.807(a)(2)(i). The change also conforms to the language used at the conclusion of Example 3. The same agency also recommended that we delete the word “career” in the final sentence of Example 1, which currently provides, “travel expenses incurred in connection with the speaking engagement * * * are not prohibited compensation for a career GS-15 employee.” We have also adopted this recommendation. Under 5 CFR 2636.303(a), a GS-15 employee is not a “covered noncareer employee” because his/her rate of basic pay is not, by definition, “equal to or greater than 120 percent of the minimum rate of basic pay payable for GS-15 of the General Schedule.” The emphasis on the employee's “career” status is thus unnecessary and could have the unfortunate effect of misleading some readers into thinking that the travel expense reimbursements *would* be prohibited compensation for a *noncareer* employee paid at or below the GS-15 level. Two employees commenting together applauded the relaxation of the travel expenses ban as an opportunity to “expand the dissemination of federal program information” and, further, suggested that we expand the definition of “teaching, speaking, or writing relate[d] * * * to duties” to include less formal activities so that travel expenses may be accepted for travel to any “function at which a Federal presence is desired.” These commenters misunderstand the purpose of the amendment. The amendment is intended to allow employees, other than covered noncareer employees, who are involved in teaching, speaking and writing activities *in their private capacities* to accept travel reimbursements incurred in connection with those activities. The intent is not to facilitate *official* travel. In the absence of specific statutory authority such as 31 U.S.C. 1353, 5 U.S.C. 4111 or 7342, or agency gift acceptance statutes, augmentation of agency appropriations through acceptance of non-Federal contributions for agency travel is prohibited. Moreover, employee acceptance, *in a private capacity* , of non-Federal contributions of travel expenses incurred in connection with *official* speech could raise concerns under 18 U.S.C. 209. The first sentence of the note following paragraph (a)(2)(iii)(D) is intended to alert employees to the possible implications of section 209 where travel expenses are incurred in connection with teaching, speaking, or writing undertaken as an employee, *i.e.* , officially. An additional suggestion by these employees—“that sponsoring/inviting organizations be allowed to contribute honorariums, which would otherwise be payable to an individual, to legitimate volunteer/charitable organizations, without reference/designation to the Federal employee”—similarly misconstrues the reach of § 2635.807. The compensation bar applies only to executive branch employees. Nothing in the rule prohibits outside organizations from any form of giving on their own to charitable or for-profit organizations. One agency recommended that we add to § 2635.807 a “definition of ‘travel expenses’ in order to avoid any confusion about what this phrase is deemed to cover (transportation, lodging, incidentals, meals, etc.).” We have not followed this suggestion. For purposes of the compensation prohibition, existing § 2635.807(a)(2)(iii) makes clear that the term “compensation” is comprehensive of any “consideration, remuneration or income * * * given for or in connection with the employee's teaching, speaking or writing activities” and explicitly includes “transportation, lodgings and meals.” The exception at paragraph (a)(2)(iii)(D) is equally clear, excluding from the definition of “compensation” “travel expenses, consisting of transportation, lodgings or meals, incurred in connection with the teaching, speaking or writing activity” by employees other than covered noncareer employees. That agency also suggested that, in Example 1, we say that “the speaking engagement” rather than the “speech” is related to duties under § 2635.807(a)(2)(i)(C) because the nexus to the employee's work is not the content of the speech but, rather, the fact that the employee is involved in drafting a regulation that will affect the organization that extended the speaking invitation. We have changed the wording to “speaking activity,” a phrase used elsewhere in the regulation. The same agency asked that we consider adding a note addressing the responsibility of employees who file financial disclosure forms to report on their forms any travel expenses they accept under the amended rule. We have added to the note following paragraph (a)(2)(iii)(D) a second sentence that alerts filers of financial disclosure reports of their obligation to report travel and travel reimbursements. Finally, OGE is updating the citation in Example 4 to the General Services Administration's regulation implementing 31 U.S.C. 1353. Matters of Regulatory Procedure Executive Order 12866 In promulgating this final rule amendment, the Office of Government Ethics has adhered to the regulatory philosophy and the applicable principles of regulation set forth in section 1 of Executive Order 12866, Regulatory Review and Planning. The amendment has also been reviewed by the Office of Management and Budget under that Executive order. 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 amendatory rule will not have a significant economic impact on a substantial number of small entities because it primarily affects Federal executive branch employees. Paperwork Reduction Act The Paperwork Reduction Act (44 U.S.C. chapter 35) does not apply because this amendment 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 United States Senate, House of Representatives and General Accounting Office in accordance with that law. Unfunded Mandates Reform Act For purposes of the Unfunded Mandates Reform Act of 1995 (2 U.S.C. chapter 25, subchapter II), this 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). List of Subjects in 5 CFR Part 2635 Conflict of interests, Executive branch standards of ethical conduct, Government employees. Approved: September 18, 2001. Amy L. Comstock, Director, Office of Government Ethics. Accordingly, for the reasons set forth in the preamble, the Office of Government Ethics is adopting the interim rule amending 5 CFR part 2635, which was published at 65 FR 53650-53652 on September 5, 2000, as final with the following changes: PART 2635—STANDARDS OF ETHICAL CONDUCT FOR EMPLOYEES OF THE EXECUTIVE BRANCH 1. 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 H—Outside Activities 2. In § 2635.807, paragraph (a)(2)(iii)(D) and Example 3 following paragraph (a)(2)(iii)(D) are republished, and the Note and Examples 1, 2 and 4 following paragraph (a)(2)(iii)(D) are revised to read as follows: § 2635.807 Teaching, speaking and writing.

(a)* * *

(2)* * *

(iii)* * *

(D)In the case of an employee other than a covered noncareer employee as defined in 5 CFR 2636.303(a), travel expenses, consisting of transportation, lodgings or meals, incurred in connection with the teaching, speaking or writing activity. Note to Paragraph (a)(2)(iii): Independent of § 2635.807(a), other authorities, such as 18 U.S.C. 209, in some circumstances may limit or entirely preclude an employee's acceptance of travel expenses. In addition, employees who file financial disclosure reports should be aware that, subject to applicable thresholds and exclusions, travel and travel reimbursements accepted from sources other than the United States Government must be reported on their financial disclosure reports. Example 1 to paragraph (a)(2)(iii): A GS-15 employee of the Forest Service has developed and marketed, in her private capacity, a speed reading technique for which popular demand is growing. She is invited to speak about the technique by a representative of an organization that will be substantially affected by a regulation on land management which the employee is in the process of drafting for the Forest Service. The representative offers to pay the employee a $200 speaker's fee and to reimburse all her travel expenses. She may accept the travel reimbursements, but not the speaker's fee. The speaking activity is related to her official duties under § 2635.807(a)(2)(i)(C) and the fee is prohibited compensation for such speech; travel expenses incurred in connection with the speaking engagement, on the other hand, are not prohibited compensation for a GS-15 employee. Example 2 to paragraph (a)(2)(iii): Solely because of her recent appointment to a Cabinet-level position, a Government official is invited by the Chief Executive Officer of a major international corporation to attend firm meetings to be held in Aspen for the purpose of addressing senior corporate managers on the importance of recreational activities to a balanced lifestyle. The firm offers to reimburse the official's travel expenses. The official may not accept the offer. The speaking activity is related to official duties under § 2635.807(a)(2)(i)(B) and, because she is a covered noncareer employee as defined in § 2636.303(a) of this chapter, the travel expenses are prohibited compensation as to her. Example 3 to paragraph (a)(2)(iii): A GS-14 attorney at the Federal Trade Commission

(FTC)who played a lead role in a recently concluded merger case is invited to speak about the case, in his private capacity, at a conference in New York. The attorney has no public speaking responsibilities on behalf of the FTC apart from the judicial and administrative proceedings to which he is assigned. The sponsors of the conference offer to reimburse the attorney for expenses incurred in connection with his travel to New York. They also offer him, as compensation for his time and effort, a free trip to San Francisco. The attorney may accept the travel expenses to New York, but not the expenses to San Francisco. The lecture relates to his official duties under paragraphs (a)(2)(i)(E)( *1* ) and (a)(2)(i)(E)( *2* ) of § 2635.807, but because he is not a covered noncareer employee as defined in § 2636.303(a) of this chapter, the expenses associated with his travel to New York are not a prohibited form of compensation as to him. The travel expenses to San Francisco, on the other hand, not incurred in connection with the speaking activity, are a prohibited form of compensation. If the attorney were a covered noncareer employee he would be barred from accepting the travel expenses to New York as well as the travel expenses to San Francisco. Example 4 to paragraph (a)(2)(iii): An advocacy group dedicated to improving treatments for severe pain asks the National Institutes of Health

(NIH)to provide a conference speaker who can discuss recent advances in the agency's research on pain. The group also offers to pay the employee's travel expenses to attend the conference. After performing the required conflict of interest analysis, NIH authorizes acceptance of the travel expenses under 31 U.S.C. 1353 and the implementing General Services Administration regulation, as codified under 41 CFR chapter 304, and authorizes an employee to undertake the travel. At the conference the advocacy group, as agreed, pays the employee's hotel bill and provides several of his meals. Subsequently the group reimburses the agency for the cost of the employee's airfare and some additional meals. All of the payments by the advocacy group are permissible. Since the employee is speaking officially and the expense payments are accepted under 31 U.S.C. 1353, they are not prohibited compensation under § 2635.807(a)(2)(iii). The same result would obtain with respect to expense payments made by non-Government sources properly authorized under an agency gift acceptance statute, the Government Employees Training Act, 5 U.S.C. 4111, or the foreign gifts law, 5 U.S.C. 7342. [FR Doc. 01-29800 Filed 11-29-01; 8:45 am]

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