Unknown. Interim rule with request for comments

5,110 words·~23 min read·/register/2010/12/20/2010-31874·

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-2010-12-20.xml --- 75 243 Monday, December 20, 2010 Contents Agriculture Agriculture Department See Forest Service PROPOSED RULES Regulatory Agenda: Semiannual Regulatory Agenda, 79710-79723 2010-30451 Antitrust Division Antitrust Division NOTICES Proposed Final Judgments and Competitive Impact Statements: United States v. L.B. Foster Co. and Portec Rail Products, Inc., 79394-79404 2010-31863 Arctic Arctic Research Commission NOTICES Meetings:

United States Arctic Research Commission, 79334 2010-31779 Commerce Commerce Department See Foreign-Trade Zones Board See International Trade Administration See National Oceanic and Atmospheric Administration PROPOSED RULES Regulatory Agenda: Semiannual Regulatory Agenda, 79726-79750 2010-30450 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 79334-79335 2010-31831 2010-31832 Commodity Futures Commodity Futures Trading Commission NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 79343-79344 2010-31900 Comptroller Comptroller of the Currency RULES Community Reinvestment Act Regulations, 79278-79286 2010-31818 Defense Department Defense Department PROPOSED RULES Regulatory Agenda: Semiannual Regulatory Agenda, 79752-79754, 79874-79876 2010-30443 2010-30472 NOTICES Meetings: Uniform Formulary Beneficiary Advisory Panel, 79344 2010-31791 Wage Committee, 79345 2010-31790 Privacy Act; Systems of Records, 79345-79348 2010-31789 TRICARE; 2011 Fiscal Year Diagnosis-Related Group Updates, 79348-79350 2010-31792 Drug Drug Enforcement Administration RULES Schedules of Controlled Substances:

Placement of 5-Methoxy-N,N-Dimethyltryptamine into Schedule I of Controlled Substances Act, 79296-79300 2010-31854 NOTICES Controlled Substances: 2011 Established Initial Aggregate Production Quotas, 79404-79407 2010-31849 Established Assessments of Annual Needs: List I Chemicals Ephedrine, Pseudoephedrine, and Phenylpropanolamine, 79407-79412 2010-31853 Final Revised Assessments: 2010 Annual Needs for List I Chemicals Ephedrine, Pseudoephedrine, and Phenylpropanolamine, 79412-79417 2010-31848 Education Education Department PROPOSED RULES Regulatory Agenda:

Semiannual Regulatory Agenda, 79756-79757 2010-30454 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 79350-79352, 79756-79757 2010-31799 2010-31800 2010-31862 Arbitration Panel Decisions under Randolph-Sheppard Act, 79352-79354 2010-31879 Requests For Information: Technical Expertise Pertaining to Assessment Technology Standards, 79354-79358 2010-31881 Employment and Training Employment and Training Administration NOTICES Meetings: Advisory Committee on Apprenticeship, 79418 2010-31886 Requests for Certification of Compliance:

Rural Industrialization Loan and Grant Program, 79418-79419 2010-31777 Training and Employment Guidance Letters: 2011 Fiscal Year State Initial Allocations and Process for Requesting Additional Trade Adjustment Assistance, etc., 79419-79423 2010-31844 Energy Department Energy Department See Federal Energy Regulatory Commission PROPOSED RULES Regulatory Agenda: Semiannual Regulatory Agenda, 79760-79761 2010-30457 Environmental Protection Environmental Protection Agency RULES Approvals and Promulgations of Implementation Plans:

Mississippi; Prevention of Significant Deterioration Rules; Nitrogen Oxides as Precursor to Ozone, 79300-79302 2010-31893 Determinations of Nonattainment and Reclassifications of 1997 8-hour Ozone Nonattainment Areas: Dallas/Fort Worth, TX, 79302-79304 2010-31885 Technical Corrections to Standards Applicable to Generators of Hazardous Waste: Alternative Requirements for Hazardous Waste Determination and Accumulation of Unwanted Material at Laboratories, etc., 79304-79308 2010-31746 PROPOSED RULES Finding of Substantial Inadequacy of Implementation Plan:

Call for Utah State Implementation Plan Revision, 79327-79328 2010-31892 Regulatory Agenda: Semiannual Regulatory Agenda, 79844-79857 2010-30459 Technical Corrections to Standards Applicable to Generators of Hazardous Waste: Alternative Requirements for Hazardous Waste Determination and Accumulation of Unwanted Material at Laboratories, etc., 79328-79329 2010-31744 NOTICES Amendments to Terminate and or Delete Certain Uses: Tetrahydro-3, 5-dimethyl-2H-1, 3, 4-thiadiazine-2-thione, 79368-79369 2010-31875 Meetings:

Clean Air Act Advisory Committee, 79369-79370 2010-31919 Motor Vehicle Emissions Models for Transportation Conformity Hot-Spot Analyses, 79370-79374 2010-31909 Regional Project Waivers of Section 1605 (Buy American) of 2009 American Recovery and Reinvestment Act: Woodlake Tax District in Woodbury, CT, 79374-79375 2010-31894 Federal Aviation Federal Aviation Administration RULES Amendment and Revocation of Class E Airspace: Vero Beach, FL, 79293-79294 2010-31768 Amendment of Class E Airspace:

Henderson, KY, 79294-79295 2010-31765 Establishment of Class E Airspace: Crewe, VA, 79295 2010-31762 PROPOSED RULES Airworthiness Directives: Boeing Co. Model 737-600, -700, -700C, -800, and -900 Series Airplanes, 79317-79320 2010-31828 Special Conditions: Eurocopter France

(ECF)Model EC225LP Helicopter, Installation of Search and Rescue Automatic Flight Control System, 79312-79317 2010-31867 NOTICES Proposed Delegation Programs, 79437-79438 2010-31861 Federal Communications Federal Communications Commission PROPOSED RULES Regulatory Agenda: Semiannual Regulatory Agenda, 79878-79920 2010-30463 NOTICES Meetings; Sunshine Act, 79375-79376 2010-31988 Federal Deposit Federal Deposit Insurance Corporation RULES Community Reinvestment Act Regulations, 79278-79286 2010-31818 Designated Reserve Ratio, 79286-79293 2010-31829 PROPOSED RULES Regulatory Agenda: Semiannual Regulatory Agenda, 79922-79923 2010-30465 Federal Emergency Federal Emergency Management Agency NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Mitigation Grants Program / eGrants, 79386-79387 2010-31801 Federal Energy Federal Energy Regulatory Commission NOTICES Combined Filings, 79358-79368 2010-31834 2010-31835 2010-31842 2010-31843 Federal Labor Federal Labor Relations Authority RULES Supplemental Standards of Ethical Conduct for Employees, 79261-79264 2010-31874 Federal Railroad Federal Railroad Administration RULES Alcohol and Drug Testing: 2011 Determination of Minimum Random Testing Rates, 79308-79309 2010-31805 Federal Reserve Federal Reserve System RULES Community Reinvestment Act Regulations, 79278-79286 2010-31818 PROPOSED RULES Regulatory Agenda: Semiannual Regulatory Agenda, 79926-79927 2010-30471 NOTICES Changes in Bank Control: Acquisitions of Shares of Bank or Bank Holding Company, 79376 2010-31850 Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 79376-79377 2010-31851 Federal Trade Federal Trade Commission PROPOSED RULES Regulatory Agenda: Semiannual Regulatory Agenda, 79930-79931 2010-30466 NOTICES Proposed Consent Orders: NBTY, Inc.; Analysis to Aid Public Comment, 79377-79378 2010-31823 Federal Transit Federal Transit Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 79438-79439 2010-31864 Fish Fish and Wildlife Service NOTICES Endangered Species Recovery Permit Applications, 79387-79388 2010-31907 Meetings: Service Regulations Committee, 79388 2010-31873 Food and Drug Food and Drug Administration RULES New Animal Drugs: Mupirocin, 79295-79296 2010-31870 PROPOSED RULES Regulation of Carcinogenic Compounds in Food-Producing Animals: Animal Drugs, Feeds, and Related Products, 79320-79323 2010-31887 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Testing Communications on FDA-Regulated Products Used in Animals, 79378-79379 2010-31891 Meetings: Defense Advanced Research Projects Agency and Food and Drug Administration Expanding in Vivo Biomarker Detection Devices, 79379-79381 2010-31811 Regulatory Review Periods for Purposes of Patent Extensions; Determinations: FOLOTYN, 79381-79382 2010-31846 LIVALO, 79382 2010-31847 Unapproved Animal Drugs, 79383-79385 2010-31889 Foreign Assets Foreign Assets Control Office NOTICES Additional Designations, Foreign Narcotics Kingpin Designation Act, 79440-79443 2010-31809 Unblocking of Specially Designated National Pursuant to Executive Orders, 79443 2010-31880 Unblocking of Specially Designated National and Blocked Person Pursuant to Executive Orders, 79444-79446 2010-31804 2010-31810 2010-31822 Foreign Trade Foreign-Trade Zones Board NOTICES Expansion Applications: Foreign-Trade Zone 158 - Vicksburg/Jackson, MS, 79335-79336 2010-31877 Forest Forest Service NOTICES Meetings: Madera County Resource Advisory Committee, 79334 2010-31659 Siskiyou Resource Advisory Committee, 79334 2010-31897 General Services General Services Administration PROPOSED RULES Regulatory Agenda: Semiannual Regulatory Agenda, 79860-79862, 79874-79876 2010-30467 2010-30472 Health and Human Health and Human Services Department See Food and Drug Administration See National Institutes of Health PROPOSED RULES Designation of Medically Underserved Populations and Health Professional Shortage Areas: Negotiated Rulemaking Committee Meeting, 79329-79330 2010-31908 2010-31911 Regulatory Agenda: Semiannual Regulatory Agenda, 79764-79786 2010-30444 Homeland Homeland Security Department See Federal Emergency Management Agency RULES E-2 Nonimmigrant Status for Aliens in the Commonwealth of the Northern Mariana Islands with Long-Term Investor Status, 79264-79278 2010-31652 PROPOSED RULES Regulatory Agenda: Semiannual Regulatory Agenda, 79788-79794 2010-30453 Interior Interior Department See Fish and Wildlife Service See National Park Service PROPOSED RULES Regulatory Agenda: Semiannual Regulatory Agenda, 79796-79797 2010-30449 International Trade Adm International Trade Administration NOTICES Extensions of Time Limits for Preliminary Results of Countervailing Duty New Shipper Reviews: Polyethylene Terephthalate Film, Sheet and Strip from India, 79336 2010-31883 Final Results of Antidumping Duty Administrative and New-Shipper Reviews: Freshwater Crawfish Tail Meat from People's Republic of China, 79337-79339 2010-31882 Scope Rulings, 79339-79341 2010-31876 Justice Department Justice Department See Antitrust Division See Drug Enforcement Administration See Parole Commission PROPOSED RULES Regulatory Agenda: Semiannual Regulatory Agenda, 79800-79801 2010-30440 NOTICES Lodging of Consent Decrees under the Clean Water Act, 79390-79391 2010-31802 Lodging of Settlement Agreements: Motors Liquidation Co., et al., f/k/a General Motors Corp., et al., 2010-31806 79391-79394 2010-31807 2010-31868 2010-31803 Labor Department Labor Department See Employment and Training Administration PROPOSED RULES Regulatory Agenda: Semiannual Regulatory Agenda, 79804-79809 2010-30442 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Diesel Particulate Matter Exposure of Underground Coal Miners, 79417-79418 2010-31845 NASA National Aeronautics and Space Administration PROPOSED RULES Regulatory Agenda: Semiannual Regulatory Agenda, 79874-79876 2010-30472 NOTICES Meetings: NASA Advisory Council; Technology and Innovation Committee, 79423 2010-31812 National Institute National Institutes of Health NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: National Epidemiologic Survey on Alcohol and Related Conditions - III, 79385-79386 2010-31901 Meetings: National Institute of General Medical Sciences, 79386 2010-31857 National Institute on Aging, 79386 2010-31859 National Oceanic National Oceanic and Atmospheric Administration RULES Atlantic Highly Migratory Species: Atlantic Bluefin Tuna Fisheries; Inseason Retention Limit Adjustment, 79309-79311 2010-31751 Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic: Snapper-Grouper Fishery off the South Atlantic States; Emergency Rule to Delay Closure; Correction, 79309 2010-31917 PROPOSED RULES Groundfish Fisheries of the Exclusive Economic Zone Off Alaska: American Fisheries Act; Recordkeeping and Reporting, 79330-79333 2010-31918 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Harvest of Pacific Halibut by Guided Sport Charter Vessel Anglers off Alaska, 79341 2010-31833 Meetings: Gulf of Mexico Fishery Management Council, 79341-79342 2010-31869 Taking and Importing Marine Mammals: Navy Training Activities Conducted within Northwest Training Range Complex, etc., 79342-79343 2010-31920 National Park National Park Service NOTICES Environmental Impact Statements; Availability, etc.: General Management Plan for Roosevelt-Vanderbilt National Historic Sites; Record of Decision, 79389-79390 2010-31904 South Florida and Caribbean Parks Exotic Plant Management Plan; Record of Decision, 79388-79389 2010-31902 Nuclear Regulatory Nuclear Regulatory Commission PROPOSED RULES Regulatory Agenda: Semiannual Regulatory Agenda, 79934-79935 2010-30468 Requirements for Fingerprint-Based Criminal History Records Checks: Individuals Seeking Unescorted Access to Research or Test Reactors, 79312 2010-31852 NOTICES Orders Modifying Licenses: All Power Reactor Licensees and Research Reactor Licensees Who Transport Spent Nuclear Fuel, 79423-79425 2010-31855 Parole Parole Commission NOTICES Record of Vote of Meeting Closure, 79417 2010-31860 Regulatory Regulatory Information Service Center PROPOSED RULES Regulatory Agenda: Semiannual Regulatory Agenda, 79449-79708 2010-30473 Securities Securities and Exchange Commission PROPOSED RULES Regulatory Agenda: Semiannual Regulatory Agenda, 79938-79945 2010-30469 Security-Based Swap Data Repository Registration, Duties, and Core Principles, 79320 C1--2010--29719 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 79425-79427 2010-31819 2010-31820 2010-31821 Self-Regulatory Organizations; Proposed Rule Changes: International Securities Exchange, LLC, 79433-79435 2010-31825 NASDAQ OMX BX, Inc., 79429-79433 2010-31826 2010-31827 New York Stock Exchange LLC, 79435-79437 2010-31817 NYSE Amex LLC, 79427-79429 2010-31816 Small Business Small Business Administration PROPOSED RULES Regulatory Agenda: Semiannual Regulatory Agenda, 79864-79871 2010-30470 Thrift Supervision Thrift Supervision Office RULES Community Reinvestment Act Regulations, 79278-79286 2010-31818 Transportation Department Transportation Department See Federal Aviation Administration See Federal Railroad Administration See Federal Transit Administration PROPOSED RULES Regulatory Agenda: Semiannual Regulatory Agenda, 79812-79835 2010-30462 Treasury Treasury Department See Comptroller of the Currency See Foreign Assets Control Office See Thrift Supervision Office PROPOSED RULES Regulatory Agenda: Semiannual Regulatory Agenda, 79838-79841 2010-30452 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 79439-79440 2010-31856 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Correction, 79440 2010-31858 Financial Crimes Enforcement Network: Bank Secrecy Act Advisory Group; Solicitation of Application for Membership, 79440 2010-31906 Veteran Affairs Veterans Affairs Department PROPOSED RULES Health Care for Homeless Veterans Program, 79323-79327 2010-31780 NOTICES Meetings: Clinical Science Research and Development Service Cooperative Studies Scientific Evaluation Committee, 79446 2010-31830 Separate Parts In This Issue Part II Regulatory Information Service Center, 79447-79708 2010-30473 Part III Agriculture Department, 79709-79723 2010-30451 Part IV Commerce Department, 79725-79750 2010-30450 Part V Defense Department, 79751-79754 2010-30443 Part VI Education Department, 79755-79757 2010-30454 Part VII Energy Department, 79759-79761 2010-30457 Part VIII Health and Human Services Department, 79763-79786 2010-30444 Part IX Homeland Security Department, 79787-79794 2010-30453 Part X Interior Department, 79795-79797 2010-30449 Part XI Justice Department, 79799-79801 2010-30440 Part XII Labor Department, 79803-79809 2010-30442 Part XIII Transportation Department, 79811-79835 2010-30462 Part XIV Treasury Department, 79837-79841 2010-30452 Part XV Environmental Protection Agency, 79843-79857 2010-30459 Part XVI General Services Administration, 79859-79862 2010-30467 Part XVII Small Business Administration, 79863-79871 2010-30470 Part XVIII Defense Department, 79873-79876 2010-30472 General Services Administration, 79873-79876 2010-30472 National Aeronautics and Space Administration, 79873-79876 2010-30472 Part XIX Federal Communications Commission, 79877-79920 2010-30463 Part XX Federal Deposit Insurance Corporation, 79921-79923 2010-30465 Part XXI Federal Reserve System, 79925-79927 2010-30471 Part XXII Federal Trade Commission, 79929-79932 2010-30466 Part XXIII Nuclear Regulatory Commission, 79933-79935 2010-30468 Part XXIV Securities and Exchange Commission, 79937-79945 2010-30469 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. 75 243 Monday, December 20, 2010 Rules and Regulations FEDERAL LABOR RELATIONS AUTHORITY 5 CFR Part 5901 Supplemental Standards of Ethical Conduct for Employees of the Federal Labor Relations Authority AGENCY: Federal Labor Relations Authority. ACTION: Interim rule with request for comments. SUMMARY: The Federal Labor Relations Authority (FLRA), with the concurrence of the Office of Government Ethics (OGE), intends to issue an interim regulation for employees of the FLRA that supplements the executive-branch-wide Standards of Ethical Conduct (Standards) issued by OGE. The supplemental regulation: Establishes procedures for seeking prior approval for outside employment; prohibits certain outside employment; and requires employees who disqualify themselves from participation in particular matters for ethical reasons to notify their supervisors and the Designated Agency Ethics Official

(DAEO)of that disqualification. DATES: This interim rule is effective January 19, 2011. Written comments must be received on or before February 18, 2011. ADDRESSES: Mail or deliver comments to the Office of the Solicitor, Federal Labor Relations Authority, 1400 K Street, NW., Room 300, Washington, DC 20424. Comments may also be e-mailed to *solmail@flra.gov.* FOR FURTHER INFORMATION CONTACT: Rosa M. Koppel, Solicitor, at *rkoppel@flra.gov,* fax:

(202)343-1007. SUPPLEMENTARY INFORMATION: Background On August 7, 1992, OGE published the 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 FLRA, 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 5901.101 General Section 5901.101 explains that the regulations in part 5901 apply to employees of the FLRA and supplement the OGE Standards. The section also includes cross-references to other issuances applicable to FLRA employees, including the regulations concerning executive branch financial disclosure, financial interests, and employee responsibilities and conduct, as well as implementing FLRA guidance and procedures issued in accordance with the OGE Standards. Section 5901.102 Prior Approval for Outside Employment In accordance with 5 CFR 2635.803, the FLRA has determined it is necessary for the purpose of administering its ethics program to require its employees to obtain approval before engaging in permissible 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 5901.102(a) provides that an FLRA employee, other than a special Government employee ( *i.e.,* employees expected to work no more than 130 days in any consecutive 365-day period), must obtain advance written approval from the DAEO or the Alternate DAEO before engaging in any outside employment, except to the extent that the FLRA DAEO or the Alternate DAEO has issued an instruction or manual, pursuant to section 5901.102(e), exempting an activity or class of activities from this requirement. Section 5901.102(b) defines outside employment to cover any form of non-Federal employment or business relationship involving the provision of personal services. It includes writing when done under an arrangement with another person or entity for production or publication of the written product. It does not, however, include participation in the activities of nonprofit charitable, religious, professional, social, fraternal, educational, recreational, public service, or civic organizations, unless such activities are for compensation other than reimbursement of expenses, or 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 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). Section 5901.102(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 within the FLRA. It also sets out the standard to be applied by the DAEO or the Alternate DAEO in acting on requests for prior approval of outside employment as broadly defined by Sec. 5901.102(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 5901.102(d) prohibits FLRA employees other than special Government employees from advising or preparing an individual or group in any matter relating to labor relations, or from engaging in any other outside employment that conflicts with official Government duties or responsibilities. However, consistent with Federal policy embodied in the exceptions to the representation bans contained in 18 U.S.C. 203 (prohibition of compensation for representational services in a matter in which the United States is involved) and 205 (prohibition of representational services, with or without compensation, in a matter in which the United States is involved), nothing in the section precludes representation or advice that is:

(1)Rendered, with or without compensation, and with the prior approval of the official responsible for the employee's appointment, to specified relatives or to an estate for which an employee serves as a fiduciary; or

(2)provided, without compensation, to an employee subject to disciplinary, loyalty, or other personnel administration proceedings. Section 5901.102(e) provides that the FLRA DAEO or the Alternate DAEO may 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. Section 5901.103(a) requires an FLRA employee who disqualifies himself or herself from participation in a particular matter because of a financial interest to provide written notice of disqualification to his or her supervisor and the DAEO notwithstanding the guidance in 5 CFR 2635.402(c)(1) and (2). Under that guidance, disqualification can be accomplished without prior written notice. Section 5901.103(b) requires an FLRA employee who disqualifies himself or herself from participation in a particular matter to ensure impartiality to provide written notice of disqualification to his or her supervisor and the DAEO notwithstanding the guidance in 5 CFR 2635.502(e)(1) and (2). Under that guidance, disqualification can be accomplished without prior written notice. Section 5901.103(c) requires an FLRA employee who disqualifies himself or herself from participation in a particular matter affecting prospective employers to provide written notice of disqualification to his or her supervisor and the DAEO notwithstanding the guidance in 5 CFR 2635.604(b) and (c). Section 5901.103(d) permits an FLRA employee to withdraw, in writing, notice under paragraphs (a), (b), or

(c)of this section upon deciding that disqualification from participation in a particular matter is no longer required. Administrative Procedure Act Pursuant to 5 U.S.C. 553(b), the FLRA finds good cause exists for waiving the general notice of proposed rulemaking and opportunity for public comment as to this proposed 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 February 18, 2011 can be submitted regarding 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 FLRA personnel, it is exempt from the provisions of Executive Orders Nos. 12866 and 12988. Regulatory Flexibility Act Certification Pursuant to section 605(b) of the Regulatory Flexibility Act, 5 U.S.C. 605(b), the FLRA has determined that this regulation, as amended, will not have a significant economic impact on a substantial number of small entities. Paperwork Reduction Act of 1995 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 The FLRA 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 5901 Conflict of interest, Government employees. Accordingly, for the reasons set forth in the preamble, the FLRA, with the concurrence of the OGE, is amending title 5 of the Code of Federal Regulations by adding a new chapter XLIX consisting of part 5901, to read as follows: CHAPTER XLIX—FEDERAL LABOR RELATIONS AUTHORITY PART 5901—SUPPLEMENTAL STANDARDS OF ETHICAL CONDUCT FOR EMPLOYEES OF THE FEDERAL LABOR RELATIONS AUTHORITY Sec. 5901.101 General. 5901.102 Prior approval for outside employment. 5901.103 Procedure for accomplishing disqualification. Authority: 5 U.S.C. 7105; 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, 2635.803. § 5901.101 General.

(a)Applicability. In accordance with 5 CFR 2635.105, and unless provided elsewhere in this part, these regulations apply to all employees of the Federal Labor Relations Authority (FLRA), including employees of the Federal Service Impasses Panel and the Office of the General Counsel, and supplement the Standards of Ethical Conduct for Employees of the Executive Branch (Standards) contained in 5 CFR part 2635.

(b)Cross-references. In addition to 5 CFR part 2635 and this part, FLRA employees are required to comply with implementing guidance and procedures issued by the FLRA in accordance with 5 CFR 2635.105(c). FLRA 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.

(c)Agency designees. The Designated Agency Ethics Official

(DAEO)and the Alternate Designated Agency Ethics Official (Alternate DAEO) shall serve as the FLRA's designees to make determinations, grant approvals, and take other actions under 5 CFR part 2635 and this part. § 5901.102 Prior approval for outside employment.

(a)General requirement. Any FLRA employee, excluding all special Government employees ( *i.e.,* employees expected to work no more than 130 days in any 365-day period), shall obtain prior written approval from the DAEO or the Alternate DAEO before engaging in any outside employment, except to the extent that the DAEO or the Alternate DAEO has issued an instruction or manual pursuant to paragraph

(e)of this section. 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.”

(1)For the purposes of this section, “employment” means any form of non-Federal employment or business relationship involving the provision of personal services by the employee for direct, indirect, or deferred compensation other than reimbursement of actual and necessary expenses. It also includes, irrespective of compensation, the following outside activities:

(i)Providing personal services as a consultant or professional, including service as an expert witness or as an attorney;

(ii)Providing personal services to a for-profit entity as an officer, director, employee, agent, attorney, consultant, contractor, general partner, trustee, teacher, or speaker; and

(iii)Writing when done under an arrangement with another person for production or publication of the written product.

(2)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:

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

(ii)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

(iii)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).

(c)Procedure for requesting approval.

(1)Requests for approval of outside employment shall be sent to either the DAEO or the Alternate DAEO through the employee's normal supervisory channels and shall include the following information:

(i)The name of the person, group, or organization for which the outside employment is proposed to be performed;

(ii)The nature of the service to be performed and the position's title, if any;

(iii)The proposed hours of work (if regularly scheduled) and the approximate dates of employment;

(iv)The employee's explanation as to whether the proposed outside employment (including teaching, speaking, or writing) will implicate in any way information obtained as a result of the employee's official Federal position; and

(v)The employee's explanation that no Federal property, resources, or facilities not available to the general public will be used in connection with the outside employment.

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

(3)The DAEO or the Alternate DAEO shall grant approval only on a determination that the outside employment is not expected to involve conduct prohibited by statute or Federal regulation, including part 2635 of this title, or paragraph

(d)of this section. The DAEO or the Alternate DAEO will advise the employee, in writing, of the approval or denial of the request for outside employment and will maintain a record of the written request and determination.

(d)Prohibited outside employment.

(1)Employees shall not engage in:

(i)Rendering legal advice regarding, or preparing an individual or group in any matter relating to, labor relations in either the private or public sector, outside the employee's official duties. This prohibition shall not apply to a special Government employee unless he or she:

(A)Has participated personally and substantially as a Government employee or special Government employee in the same matter; or

(B)Has served with the FLRA 60 days or more during the immediately preceding period of 365 consecutive days; or

(C)Any other outside employment that conflicts with the employee's official Government duties or responsibilities.

(2)Exceptions. Nothing in this paragraph

(d)prevents an employee from:

(i)Acting, with or without compensation, as an agent or attorney for, or otherwise representing, the employee's parents, spouse, child, or any other person for whom, or for any estate for which, the employee is serving as guardian, executor, administrator, trustee, or other personal fiduciary to the extent permitted by 18 U.S.C. 203(d) and 205(e), or from providing advice or counsel to such persons or estate; or

(ii)Acting, without compensation, as an agent or attorney for, or otherwise representing, any person who is the subject of disciplinary, loyalty, or other personnel administration proceedings in connection with those proceedings, to the extent permitted by 18 U.S.C. 205.

(e)DAEO's and Alternate DAEO's responsibilities. The FLRA DAEO or Alternate DAEO may issue instructions or manual issuances governing the submission of requests for approval of 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 part 2635. § 5901.103 Procedure for accomplishing disqualification.

(a)Disqualifying financial interest. An FLRA employee who is required, in accordance with 5 CFR 2635.402(c), to disqualify himself or herself from participation in a particular matter to which he or she has been assigned shall, notwithstanding the guidance in 5 CFR 2635.402(c)(1) and (2), provide written notice of disqualification to his or her supervisor and the DAEO upon determining that he or she will not participate in the matter.

(b)Disqualification to ensure impartiality. An FLRA employee who is required, in accordance with 5 CFR 2635.502(e), to disqualify himself or herself from participation in a particular matter involving specific parties to which he has been assigned shall, notwithstanding the guidance in 5 CFR 2635.502(e)(1) and (2), provide written notice of disqualification to his or her supervisor and the DAEO upon determining that he will not participate in the matter.

(c)Disqualification from matters affecting prospective employers. An FLRA employee who is required, in accordance with 5 CFR 2635.604(a), to disqualify himself or herself from participation in a particular matter to which he has been assigned shall, notwithstanding the guidance in 5 CFR 2635.604(b) and (c), provide written notice of disqualification to his or her supervisor and the DAEO upon determining that he will not participate in the matter.

(d)Withdrawal of notification. An FLRA employee may withdraw written notice under paragraphs (a), (b), or

(c)of this section upon deciding that disqualification from participation in the matter is no longer required. A withdrawal of notification shall be in writing and provided to the employee's supervisor and the DAEO. Dated: December 10, 2010. Carol Waller Pope, Chairman, Federal Labor Relations Authority. Approved on this date: December 13, 2010. Robert I. Cusick, Director, Office of Government Ethics. [FR Doc. 2010-31874 Filed 12-17-10; 8:45 am]

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