Unknown. Interim rule with request for comments

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--- schema: federal-register doc_type: fedreg source_file: FR-2010-06-24.xml --- 75 121 Thursday, June 24, 2010 Contents Agricultural Agricultural Marketing Service RULES Final Free and Reserve Percentages for 2009-10 Crop Natural (Sun-dried) Seedless Raisins: Raisins Produced from Grapes Grown in California, 35959-35962 2010-15298 PROPOSED RULES Milk in the Northeast and Other Marketing Areas; Correction, 36015 2010-15296 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 36058-36060 2010-15297 2010-15300 Agriculture Agriculture Department See Agricultural Marketing Service See Animal and Plant Health Inspection Service See Forest Service See Rural Utilities Service Animal Animal and Plant Health Inspection Service NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Blood and Tissue Collection at Slaughtering and Rendering Establishments, 36060-36061 2010-15301 Centers Centers for Disease Control and Prevention NOTICES Establishment: Advisory Committee on Breast Cancer in Young Women, 36098-36099 2010-15293 Civil Civil Rights Commission NOTICES Meetings: North Carolina Advisory Committee, 36061-36062 2010-15262 Coast Guard Coast Guard RULES Safety Zones: Fireworks Display in Stevenson, WA, 35968-35970 2010-15274 North Jetty, Named the Barview Jetty, Tillamook Bay, OR, 35970-35973 2010-15273 NOTICES Certificate of Alternative Compliance for the Offshore Supply Vessel:

SOUTHERN CROSS, 36106-36107 2010-15275 Commerce Commerce Department See National Oceanic and Atmospheric Administration See Patent and Trademark Office Comptroller Comptroller of the Currency PROPOSED RULES Community Reinvestment Act Regulations, 36016-36022 2010-15119 Consumer Consumer Product Safety Commission NOTICES Meetings; Sunshine Act, 36065 2010-15512 Defense Defense Department See Navy Department Education Education Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 36065-36066 2010-15341 Applications for New Awards for Fiscal Year

(FY)2010: Improved Outcomes for Individuals with Serious Mental Illness and Co-Occurring Conditions, 36239-36243 2010-15345 Final Priority: Improved Outcomes for Individuals with Serious Mental Illness and Co-Occurring Conditions, 36238-36239 2010-15344 Promise Neighborhoods Program, 36066 2010-15346 Election Election Assistance Commission NOTICES Meetings; Sunshine Act, 36066-36067 2010-15535 EPA Environmental Protection Agency RULES Significant New Use Rules on Certain Chemical Substances, 35977-35989 2010-15334 PROPOSED RULES Approval and Promulgation of Implementation Plans; Designation of Areas for Air Quality Planning Purposes: California; PM-10; Redesignation of the Coso Junction Planning Area to Attainment, etc., 36023-36034 2010-15453 Lead Emissions From Piston-Engine Aircraft Using Leaded Aviation Gasoline: Extension of Comment Period, 36034-36035 2010-15340 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Chemical-Specific Rules, TSCA Section 8(a), 36067-36068 2010-15330 Clean Air Act Operating Permit Program; Petition for Objection to a Federal Operating Permit: Waste Management of Louisiana L.L.C., Woodside Landfill and Recycling Center, Walker, Livingston Parish, LA, 36069 2010-15331 Regional Project Waiver of Section 1605 (Buy American) of American Recovery and Reinvestment Act of 2009, Newport, RI, 36069-36071 2010-15342 Farm Farm Credit Administration RULES Farm Credit Administration Board Meetings; Assessment and Apportionment of Administrative Expenses; etc.; Technical Changes, 35966-35968 2010-15327 FCC Federal Communications Commission RULES Facilitating Provision of Fixed and Mobile Broadband Access, Educational and Other Advanced Services (2150-2162 and 2500-2690 MHz Bands), 35989-35990 2010-15348 NOTICES Framework for Broadband Internet Service, 36071-36088 2010-15349 FDIC Federal Deposit Insurance Corporation PROPOSED RULES Community Reinvestment Act Regulations, 36016-36022 2010-15119 NOTICES Meetings; Sunshine Act, 36088 2010-15496 Federal Financial Federal Financial Institutions Examination Council NOTICES Appraisal Subcommittee; Rules of Operation; Amendment, 36088-36089 2010-15320 Federal Highway Federal Highway Administration NOTICES Final Federal Agency Action on Proposed Transportation Project in Illinois, 36150-36151 2010-15358 Final Federal Agency Actions on Proposed Highway in California, 36151-36152 2010-15291 Federal Reserve Federal Reserve System PROPOSED RULES Community Reinvestment Act Regulations, 36016-36022 2010-15119 NOTICES Change in Bank Control Notices; Acquisition of Shares of Bank or Bank Holding Companies, 36089 2010-15283 Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 36089 2010-15284 Payment System Risk Policy; Daylight Overdraft Posting Rules, 36089-36091 2010-15276 Federal Retirement Federal Retirement Thrift Investment Board PROPOSED RULES Uniformed Services Accounts and Death Benefits; Correction, 36015 2010-15366 Fiscal Fiscal Service NOTICES Surety Companies Acceptable on Federal Bonds - Change in Business Address and Redomestication: First Liberty Insurance Corp. et al., 36153 2010-15064 Surety Companies Acceptable on Federal Bonds - Change in Business Address: American Economy Insurance Co. et al., 36153 2010-15065 Surety Companies Acceptable on Federal Bonds - Terminations: Victore Insurance Co., 36153-36154 2010-15066 Fish Fish and Wildlife Service RULES Endangered and Threatened Wildlife and Plants: Listing the Flying Earwig Hawaiian Damselfly and Pacific Hawaiian Damselfly, 35990-36012 2010-15237 PROPOSED RULES Endangered and Threatened Wildlife and Plants: Listing the Cumberland Darter, Rush Darter, Yellowcheek Darter, Chucky Madtom, and Laurel Dace as Endangered, 36035-36057 2010-15240 Food Food and Drug Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Adoption of Food and Drug Administration Food Code by Local, State, and Tribal Governments, 36097-36098 2010-15337 Medical Devices; Current Good Manufacturing Practice Quality System Regulations, 36092-36097 2010-15338 Threshold of Regulation for Substances Used in Food-Contact Articles, 36091-36092 2010-15302 Medical Devices; Availability of Safety and Effectiveness Summaries for Premarket Approval Applications, 36099-36100 2010-15259 Meetings: Dermatologic and Ophthalmic Drugs Advisory Committee; Cancellation, 36101-36102 2010-15352 General and Plastic Surgery Devices Panel of the Medical Devices Advisory Committee, 36102 2010-15351 Forest Forest Service NOTICES Meetings: Humboldt Resource Advisory Committee, 36061 2010-15308 Snohomish County Resource Advisory Committee, 36061 2010-15102 GSA General Services Administration NOTICES Environmental Impact Statements; Availability, etc.: Improvements to the Calexico West Port of Entry, Calexico, CA, 36091 2010-15299 Health Health and Human Services Department See Centers for Disease Control and Prevention See Food and Drug Administration See Health Resources and Services Administration See National Institutes of Health RULES Establishment of the Temporary Certification Program for Health Information Technology, 36158-36209 2010-14999 Health Health Resources and Services Administration NOTICES Legislative Changes to Primary Care Loan Program Authorized Under Title VII of the Public Health Service Act, 36099 2010-15354 Recruitment of Sites for Assignment of National Health Service Corps Personnel Obligated under NHSC Scholarship Program, 36102-36104 2010-15356 Statement of Organization, Functions and Delegations of Authority, 36104-36105 2010-15253 Homeland Homeland Security Department See Coast Guard See U.S. Customs and Border Protection Housing Housing and Urban Development Department PROPOSED RULES Native American Housing Assistance and Self-Determination Reauthorization Act of 2008: Negotiated Rulemaking Committee Meeting, 36022-36023 2010-15364 NOTICES Funding Availability: Department of Housing and Urban Development's Community Challenge Planning Grants and Department of Transportation's TIGER II Planning Grants, 36246-36255 2010-15353 Indian Indian Affairs Bureau NOTICES Meetings: No Child Left Behind School Facilities and Construction Negotiated Rulemaking Committee, 36117-36118 2010-15261 Interior Interior Department See Fish and Wildlife Service See Indian Affairs Bureau See Land Management Bureau See National Park Service International International Trade Commission NOTICES Investigations: Certain Cold Cathode Fluorescent Lamp Inverter Circuits and Products Containing the Same, 36119 2010-15266 Meetings; Sunshine Act, 36119 2010-15521 Labor Labor Department See Mine Safety and Health Administration Land Land Management Bureau NOTICES Public Land Order No. 7743: Partial Revocation of Five Secretarial Orders for Reclamation Project Purposes on the Colorado River, CA, 36118-36119 2010-15382 Mine Mine Safety and Health Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Operations Under Water (pertains to underground coal mines), 36122 2010-15271 Program to Prevent Smoking Underground and in Hazardous Surface Areas (pertains to underground coal mines), 36120 2010-15269 Safety Standards for Underground Coal Mine Ventilation, etc., 36121-36122 2010-15270 National Archives National Archives and Records Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 36122-36123 2010-15446 National Highway National Highway Traffic Safety Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 36150 2010-15292 NIH National Institutes of Health NOTICES Meetings: Center for Scientific Review, 36101-36102 2010-15313 2010-15314 Eunice Kennedy Shriver National Institute of Child Health and Human Development, 36100-36101 2010-15309 2010-15311 2010-15312 NOAA National Oceanic and Atmospheric Administration RULES Fisheries of the Northeastern United States: 2010 Specifications for the Spiny Dogfish Fishery, 36012-36014 2010-15324 NOTICES Availability of Conservation Seat and Diving Operations Seat: Flower Garden Banks National Marine Sanctuary Advisory Council, 36062 2010-15095 Marine Mammals (File No. 14186), 36064 2010-15322 Stellwagen Bank National Marine Sanctuary Final Revised Management Plan; Availability, 36064-36065 2010-15097 National Park National Park Service NOTICES Intent to Repatriate Cultural Items: Army Corps of Engineers, Walla Walla, WA and Museum of Anthropology, Washington State University, Pullman, WA, 36107-36109 2010-15379 California Department of Parks and Recreation, Sacramento, CA, 36109-36110 2010-15287 Inventory Completion: Cranbrook Institute of Science, Bloomfield Hills, MI, 36111-36114 2010-15335 New York University College of Dentistry, New York, NY, 36110-36111 2010-15286 U.S. Department of Defense, Army Corps of Engineers, Walla Walla District, Walla Walla, WA, etc., 36114-36117 2010-15325 National Science National Science Foundation NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 36123-36124 2010-15347 Navy Navy Department NOTICES Meetings: Ocean Research and Resources Advisory Panel, 36065 2010-15294 Nuclear Nuclear Regulatory Commission PROPOSED RULES Requirements for Distribution of Byproduct Material, 36212-36236 2010-15202 NOTICES Construction Reactor Oversight Process; Request for Public Comment, 36124-36125 2010-15321 Proposed Revision to Standard Review Plan: Section 13.6.1, Revision 1 on Physical Security—Combined License and Operating Reactors, 36126-36127 2010-15323 Section 13.6.2, Revision 1 on Physical Security—Design Certification, 36125-36126 2010-15316 Section 13.6.3, Revision 1 on Physical Security—Early Site Permit, 36126 2010-15319 Patent Patent and Trademark Office RULES Trademark Technical and Conforming Amendments, 35973-35977 2010-15305 NOTICES Enforcement Policy Symposium on Combating Counterfeiting in the 21st Century, 36062-36063 2010-15307 Expansion and Extension of the Patent Application Backlog Reduction Stimulus Plan, 36063-36064 2010-15306 Pension Pension Benefit Guaranty Corporation NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Annual Reporting and Disclosure, 36127-36128 2010-15339 Public Public Debt Bureau See Fiscal Service RUS Rural Utilities Service RULES Special Evaluation Assistance for Rural Communities and Households Program, 35962-35966 2010-15265 SEC Securities and Exchange Commission NOTICES Order of Suspension of Trading: Green Energy Resources, Inc., 36128 2010-15425 Self-Regulatory Organizations; Proposed Rule Changes: C2 Options Exchange, Inc., 36144-36147 2010-15281 Chicago Board Options Exchange, Inc., 36147-36148 2010-15279 International Securities Exchange, LLC, 36134-36136, 36143-36144 2010-15242 2010-15280 Municipal Securities Rulemaking Board, 36148-36149 2010-15268 NASDAQ OMX PHLX, Inc., 36132-36134 2010-15267 NASDAQ Stock Market LLC, 36128-36130 2010-15247 New York Stock Exchange LLC, 36138-36140 2010-15246 NYSE Amex LLC, 36140-36143 2010-15245 NYSE Arca, Inc., 36130-36132, 36136-36138 2010-15248 2010-15285 Special Inspector Special Inspector General For Iraq Reconstruction RULES Supplemental Standards of Ethical Conduct for Employees of the Special Inspector General for Iraq Reconstruction, 35957-35959 2010-15103 Surface Surface Transportation Board NOTICES Abandonment Exemptions: Union Pacific Railroad Co., Kane County, IL, 36149-36150 2010-15290 Thrift Thrift Supervision Office PROPOSED RULES Community Reinvestment Act Regulations, 36016-36022 2010-15119 NOTICES Savings Association Holding Company Report (H-(b)11), 36152 2010-15343 Transportation Transportation Department See Federal Highway Administration See National Highway Traffic Safety Administration See Surface Transportation Board NOTICES Funding Availability: Department of Housing and Urban Development's Community Challenge Planning Grants and Department of Transportation's TIGER II Planning Grants, 36246-36255 2010-15353 Treasury Treasury Department See Comptroller of the Currency See Fiscal Service See Thrift Supervision Office Customs U.S. Customs and Border Protection NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Distribution of Continued Dumping and Subsidy Offset to Affected Domestic Producers, 36106 2010-15303 Veterans Veterans Affairs Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Request to Employer for Employment Information in Connection with Claim for Disability Benefits, 36154-36155 2010-15264 Statement of Heirs for Payment of Credits Due Estate of Deceased Veteran, 36154 2010-15263 Separate Parts In This Issue Part II Health and Human Services Department, 36158-36209 2010-14999 Part III Nuclear Regulatory Commission, 36212-36236 2010-15202 Part IV Education Department, 36238-36243 2010-15345 2010-15344 Part V Housing and Urban Development Department, 36246-36255 2010-15353 Transportation Department, 36246-36255 2010-15353 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. 75 121 Thursday, June 24, 2010 Rules and Regulations SPECIAL INSPECTOR GENERAL FOR IRAQ RECONSTRUCTION 5 CFR Chapter LXXXII Supplemental Standards of Ethical Conduct for Employees of the Special Inspector General for Iraq Reconstruction AGENCY: Special Inspector General for Iraq Reconstruction. ACTION: Interim rule with request for comments. SUMMARY: The Special Inspector General for Iraq Reconstruction (SIGIR), with the concurrence of the Office of Government Ethics (OGE), is issuing an interim regulation for employees of the SIGIR that supplement the executive-branch-wide Standards of Ethical Conduct (Standards) issued by OGE. With certain exceptions, this supplemental regulation requires SIGIR employees, except special Government employees, to obtain approval before engaging in outside employment. DATES: This interim rule is effective June 24, 2010. Written comments must be received by August 23, 2010. ADDRESSES: Send or deliver comments to Michael H. Mobbs, Deputy General Counsel and Designated Agency Ethics Official, by any of the following methods: • *E-mail: michael.mobbs@sigir.mil* Include the reference “SIGIR Supplemental Standards” in the subject line of the message. • *Fax:* 703-428-0817. • *Mail/Hand Delivery/Courier:* SIGIR, 400 Army Navy Drive, Arlington, VA 22202-4704, Attention: Michael H. Mobbs, Deputy General Counsel and Designated Agency Ethics Official (DAEO). FOR FURTHER INFORMATION CONTACT: Michael H. Mobbs, Deputy General Counsel, Telephone 703-604-0429; e-mail: *michael.mobbs@sigir.mil.* SUPPLEMENTARY INFORMATION: Background In 1992, OGE published Standards of Ethical Conduct for Employees of the Executive Branch (Standards) which became effective on February 3, 1993. The Standards, as corrected and amended, are codified at 5 CFR part 2635. The Standards set uniform ethical conduct standards applicable to all executive branch personnel. Section 2635.105 of the Standards authorizes agencies, with the concurrence of OGE, to publish agency-specific supplemental regulations that are necessary to properly implement their respective ethics programs. The SIGIR, with OGE's concurrence, has determined that the following interim supplemental rule is necessary for successful implementation of its ethics program. Analysis of the Regulations Section 9201.101 General Section 9201.101 explains that the regulations in part 9201 apply to employees of the SIGIR and supplement the OGE Standards. This section also includes cross-references to other issuances applicable to SIGIR employees, including the regulations concerning executive branch financial disclosure, financial interests, and employee responsibilities and conduct, as well as implementing SIGIR guidance and procedures issued in accordance with OGE Standards. Section 9201.102 Prior Approval for Outside Employment and Other Outside Activities In accordance with 5 CFR 2635.803, the SIGIR has determined it is necessary for the purpose of administering its ethics program to require its employees to obtain approval before engaging in outside employment or activities. This approval requirement will help to ensure that potential ethical problems are resolved before employees begin outside employment or activities that could involve a violation of applicable statutes and standards of conduct. Section 9201.102(a) provides that a SIGIR employee, other than a special Government employee, must obtain advance written approval from the employee's supervisor and the concurrence of the Designated Agency Ethics Official

(DAEO)or alternate DAEO before engaging in any outside employment except to the extent that the SIGIR DAEO or alternate DAEO has issued an instruction or manual pursuant to paragraph

(e)of this section exempting an activity or class of activities from this requirement. Section 9201.102(b) broadly defines outside employment to cover any form of non-Federal employment or business relationship involving the provision of personal services, whether or not for compensation, other than the discharge of official duties. It includes writing when done under an arrangement with another person or entry for production or publication of the written product. It does not, however, include participation in the activities of non-profit charitable, religious, professional, social, fraternal, educational, recreational, public service, or civic organizations, unless such activities are for compensation other than reimbursement of expense, the organization's activities are devoted substantially to matters relating to the employee's official duties as defined in 5 CFR 2635.807(a)(2)(i)(B) through

(E)and the employee will serve as an officer or director of the organization, or the activities will involve the provision of consultative or professional services. Consultative services means the provision of personal services by an employee, including the rendering of advice or consultation, which requires advanced knowledge in a field of science or learning customarily acquired by a course of specialized instruction and study in an institution of higher education, hospital, or similar facility. Professional services means the provision of personal services by an employee, including the rendering of advice or consultation, which involves application of the skills of a profession as defined in 5 CFR 2636.305(b)(1) or involves a fiduciary relationship as defined in 5 CFR 2636.305(b)(2). A note following paragraph

(b)of § 9201.102 pertains to the special approval requirement set out in both 18 U.S.C. 203(d) and 205(e) respectively, for certain representational activities otherwise covered by the conflict of interest restrictions on compensation and activities of employees in claims against and other matters affecting the Government. The note explains that an employee who wishes to act as agent or attorney for, or otherwise represent his parents, spouse, child, or any person for whom, or any estate for which, he is serving as guardian, executor, administrator, trustee or other personal fiduciary in such matters must obtain the approval required by law of the Government official responsible for the employee's appointment in addition to the regulatory approval required in § 9201.102. Section 9201.102(c) sets out the procedures for requesting prior approval to engage in outside employment initially, or within seven calendar days of a significant change in the nature or scope of the outside employment or the employee's official position. Section 9201.102(d) sets out the standard to be applied by the employee's supervisor and the DAEO or alternate DAEO in acting on requests for prior approval of outside employment as broadly defined by 9201.102(b). Approval shall be granted only upon a determination that the outside employment is not expected to involve conduct prohibited by statute or Federal regulation, including 5 CFR part 2635. Section 9201.102(e) provides that the SIGIR DAEO or alternate DAEO can issue instructions or manual issuances governing the submission of requests for approval of outside employment, which may exempt categories of employment from the prior approval requirement of this section based on a determination that employment within those categories would generally be approved and is not likely to involve conduct prohibited by statute or Federal regulation, including 5 CFR part 2635. The instructions or issuances may include examples of outside employment that are permissible or impermissible consistent with this part and 5 CFR part 2635. Administrative Procedure Act Pursuant to 5 U.S.C. 553(b) the SIGIR finds good cause exists for waiving the general notice of proposed rulemaking and opportunity for public comment as to this interim rule. Notice and comment before the effective date are being waived because this rule concerns matters of agency organization, practice and procedure. However, written comments, which must be received by August 23, 2010, can be submitted on this interim rule; any such comments will be considered before this rule is adopted as final. Executive Orders 12866 and 12988 Because this rule relates to SIGIR personnel, it is exempt from the provisions of Executive Orders Nos. 12866 and 12988. Regulatory Flexibility Act SIGIR has determined, pursuant to 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 SIGIR employees. Paperwork Reduction Act The Paperwork Reduction Act, 44 U.S.C. chapter 35, does not apply because this rulemaking does not contain information collection requirements subject to the approval of the Office of Management and Budget. Congressional Review Act SIGIR has determined that this rule is not a rule as defined in 5 U.S.C. 804, and thus, does not require review by Congress. List of Subjects in 5 CFR Part 9201 Conflict of interest, Government employees. Accordingly, for the reasons set forth in the preamble, the Special Inspector General for Iraq Reconstruction, with the concurrence of the Office of Government Ethics, is amending title 5 of the Code of Federal Regulations by adding a new chapter LXXXII, consisting of part 9201, to read as follows: Chapter LXXXII—Special Inspector General for Iraq Reconstruction PART 9201—SUPPLEMENTAL STANDARDS OF ETHICAL CONDUCT FOR EMPLOYEES OF THE SPECIAL INSPECTOR GENERAL FOR IRAQ RECONSTRUCTION Sec. 9201.101 General. 9201.102 Prior approval for outside employment and other outside activities. Authority: 5 U.S.C. 7301; 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; 5 CFR 2635.105, 2635.802, 2635.803, 2635.807. § 9201.101 General.

(a)*Purpose.* In accordance with 5 CFR 2635.105, the regulations in this part apply to employees of the Special Inspector General for Iraq Reconstruction (SIGIR) and supplement the Standards of Ethical Conduct for Employees of the Executive Branch contained in 5 CFR part 2635.

(b)*Cross-references.* In addition to 5 CFR part 2635 and this part, SIGIR employees are required to comply with implementing guidance and procedures issued by SIGIR in accordance with 5 CFR 2635.105(c). SIGIR employees are also subject to the regulations concerning executive branch financial disclosure contained in 5 CFR part 2634, the regulations concerning executive branch financial interests contained in 5 CFR part 2640, and the regulations concerning executive branch employee responsibilities and conduct contained in 5 CFR part 735. § 9201.102 Prior approval for outside employment and other outside activities.

(a)*General requirement.* Before engaging in any outside employment, with or without compensation, an employee of the SIGIR, other than a special Government employee, must obtain written approval from the employee's supervisor and the concurrence of the Designated Agency Ethics Official

(DAEO)or the alternate DAEO, except to the extent that the SIGIR DAEO or alternate DAEO has issued an instruction or manual pursuant to paragraph

(e)of this section exempting an activity or class of activities from this requirement. Nonetheless, special Government employees remain subject to other statutory and regulatory provisions governing their outside activities, including 18 U.S.C. 203(c) and 205(c), as well as applicable provisions of 5 CFR part 2635.

(b)*Definition of employment.* For purposes of this section, employment means any form of non-Federal employment or business relationship involving the provision of personal services, whether or not for compensation. It includes, but is not limited to, services as an officer, director, employee, agent, advisor, attorney, consultant, contractor, general partner, trustee, teacher, or speaker. It includes writing when done under an arrangement with another person for production or publication of the written product. The definition does not include participation in the activities of a nonprofit charitable, religious, professional, social, fraternal, educational, recreational, public service, or civic organization, unless:

(1)The employee will receive compensation other than reimbursement of expenses;

(2)The organization's activities are devoted substantially to matters relating to the employee's official duties as defined in 5 CFR 2635.807(a)(2)(i)(B) through

(E)and the employee will serve as officer or director of the organization; or

(3)The activities will involve the provision of consultative or professional services. *Consultative services* means the provision of personal services by an employee, including the rendering of advice or consultation, which requires advanced knowledge in a field of science or learning customarily acquired by a course of specialized instruction and study in an institution of higher education, hospital or similar facility. *Professional services* means the provision of personal service by an employee, including the rendering of advice or consultation, which involves application of the skills of a profession as defined in 5 CFR 2636.305(b)(1) or involves a fiduciary relationship as defined in 5 CFR 2636.305(b)(2). Note to § 9201.102(b): There is a special approval requirement set out in both 18 U.S.C. 203(d) and 205(e) respectively, for certain representational activities otherwise covered by the conflict of interest restrictions on compensation and activities of employees in claims against and other matters affecting the Government. Thus, an employee who wishes to act as agent or attorney for, or otherwise represent his parents, spouse, child, or any person for whom, or any estate for which, he is serving as guardian, executor, administrator, trustee, or other personal fiduciary in such matters must obtain the approval required by law of the Government official responsible for the employee's appointment in addition to the regulatory approval required by this section.

(c)*Procedure for requesting approval.*

(1)The approval required by paragraph

(a)of this section shall be requested by e-mail or other form of written correspondence at least 30 calendar days in advance of engaging in outside employment as defined in paragraph

(b)of this section.

(2)The request for approval to engage in outside employment or certain other activities shall set forth, at a minimum:

(i)The name of the employer or organization;

(ii)The nature of the legal activity or other work to be performed;

(iii)The title of the position; and

(iv)The estimated duration of the outside employment.

(3)Upon a significant change in the nature or scope of the outside employment or in the employee's official position within the SIGIR, the employee must, within 7 calendar days of the change, submit a revised request for approval.

(d)*Standard for approval.* Approval shall be granted only upon a determination that the outside employment is not expected to involve conduct prohibited by statute or Federal regulation, including 5 CFR part 2635.

(e)*DAEO's and alternate DAEO's responsibilities.* The SIGIR DAEO or alternate DAEO may issue instructions or manual issuances governing the submission of requests for approval for outside employment. The instructions or manual issuances may exempt categories of employment from the prior approval requirement of this section based on a determination that employment within those categories of employment would generally be approved and is not likely to involve conduct prohibited by statute or Federal regulation, including 5 CFR part 2635. The DAEO or alternate DAEO may include in these instructions or issuances examples of outside employment that are permissible or impermissible consistent with this part and 5 CFR 2635. Stuart W. Bowen, Jr., Special Inspector General for Iraq Reconstruction. Approved: June 10, 2010. Robert I. Cusick, Director, Office of Government Ethics. [FR Doc. 2010-15103 Filed 6-23-10; 8:45 am]

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