Unknown. Interim rule with request for comments

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--- schema: federal-register doc_type: fedreg source_file: FR-2012-04-06.xml --- 77 67 Friday, April 6, 2012 Contents Administrative Administrative Conference of the United States NOTICES Meetings: Committee on Administration and Management, 20779 2012-8369 Agency Health Agency for Healthcare Research and Quality NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 20820-20822 2012-8098 Agricultural Marketing Agricultural Marketing Service NOTICES Funds Availabilities:

Inviting Applications for 2012 Farmers' Market Promotion Program, 20779-20781 2012-8395 Agriculture Agriculture Department See Agricultural Marketing Service See Rural Business-Cooperative Service Alcohol Tobacco Firearms Alcohol, Tobacco, Firearms, and Explosives Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: FFL Out-of-Business Records Request, 20849 2012-8357 Blind or Severely Disabled, Committee for Purchase From People Who Are See Committee for Purchase From People Who Are Blind or Severely Disabled Centers Disease Centers for Disease Control and Prevention NOTICES Disease, Disability, and Injury Prevention and Control Special Emphasis Panel, 20822 2012-8285 2012-8286 Meetings:

Board of Scientific Counselors, Office of Public Health Preparedness and Response, 20823 2012-8290 Prospective Grant of Exclusive License: Family Healthware, 20823 2012-8291 Civil Rights Civil Rights Commission NOTICES Meetings: North Carolina Advisory Committee, 20781-20782 2012-8237 Coast Guard Coast Guard RULES Drawbridge Operation Regulations: Blackwater River, South Quay, VA, 20716-20718 2012-8295 Sacramento River, Isleton, CA, 20718-20719 2012-8294 Upper Mississippi River, Rock Island, IL, 20716 2012-8293 Willamette River, Portland, OR, 20718 2012-8296 Safety Zones:

Matlacha Bridge Construction, Matlacha Pass, Matlacha, FL, 20719-20721 2012-8311 Seagoing Barges; Withdrawal, 20727-20728 2012-8310 PROPOSED RULES Special Local Regulations: Marine Events; Potomac River, National Harbor Access Channel, MD, 20750-20752 2012-8297 NOTICES Meetings: Merchant Mariner Medical Advisory Committee, 20834-20835 2012-8288 Commerce Commerce Department See Foreign-Trade Zones Board See International Trade Administration See National Institute of Standards and Technology 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, 20794-20795 2012-8316 Procurement List; Proposed Additions and Deletions, 20795 2012-8315 Defense Department Defense Department NOTICES Establishment of the Defense Legal Policy Board, 20795-20796 2012-8251 Education Department Education Department NOTICES Annual Updates to the Income Contingent Repayment Plan Formula for 2011: William D. Ford Federal Direct Loan Program, 20796-20802 2012-8225 Applications for New Awards: Education Research and Special Education Research Grant Programs, 20802-20805 2012-8388 Meetings:

National Board for Education Sciences, 20805 2012-8253 Energy Department Energy Department See Energy Efficiency and Renewable Energy Office See Federal Energy Regulatory Commission PROPOSED RULES Protective Force Personnel Medical, Physical Readiness, Training, and Access Authorization Standards, 20743 2012-8327 NOTICES Applications to Export Electric Energy: PPL EnergyPlus, LLC, 20805-20806 2012-8330 Energy Efficiency Energy Efficiency and Renewable Energy Office NOTICES Buy American Waivers Under the American Recovery and Reinvestment Act, 20806-20807 2012-8329 Environmental Protection Environmental Protection Agency RULES Approvals and Promulgations of Implementation Plans:

North Dakota; Regional Haze State Implementation Plan, etc., 20894-20945 2012-6586 Exemptions from Requirement of Tolerance: 2-Ethyl-1-hexanol, 20721-20727 2012-8195 PROPOSED RULES Pesticide Tolerances: Methyl Bromide, 20752-20756 2012-8390 NOTICES Announcement of Availability of Literature Searches for IRIS Assessments: Integrated Risk Information System, 20817-20819 2012-8209 Environmental Impact Statements; Availability, etc., 20819 2012-8351 Export Import Export-Import Bank NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 20819-20820 2012-8309 Federal Aviation Federal Aviation Administration RULES Airworthiness Directives: Airbus Airplanes, 20700 C1--2012--7008 PROPOSED RULES Airworthiness Directives: Bombardier, Inc. Airplanes, 20746-20747 2012-8221 Lycoming Engines Reciprocating Engines, 20743-20745 2012-8287 Amendment of Class E Airspace: Billings, MT, 20747-20749 2012-8245 Federal Communications Federal Communications Commission PROPOSED RULES Implementation of the Local Community Radio Act of 2010:

Revision of Service and Eligibility Rules for Low Power FM Stations, 20756-20773 2012-8239 Federal Emergency Federal Emergency Management Agency RULES Changes in Flood Elevation Determinations, 20727 C1--2011--25157 C1--2011--33772 Federal Energy Federal Energy Regulatory Commission NOTICES Applications: Black Bear Hydro Partners, LLC, 20808-20809 2012-8266 Northwest Pipeline GP, 20807-20808 2012-8267 Combined Filings, 20809-20817 2012-8299 2012-8300 2012-8301 2012-8302 2012-8303 2012-8304 2012-8305 2012-8306 2012-8307 Initial Market-Based Rate Filings Including Requests for Blanket Section 204 Authorizations:

Diamond State Generation Partners, LLC, 20817 2012-8298 Proceedings: Puget Sound Energy, Inc., 20817 2012-8308 Federal Highway Federal Highway Administration NOTICES Environmental Impact Statements; Availability, etc.: Milwaukee and Ozaukee Counties, 20872-20873 2012-8242 Federal Motor Federal Motor Carrier Safety Administration NOTICES Qualification of Drivers; Application for Exemptions; Implantable Cardioverter Defibrillators, 20873-20874 2012-8372 Qualification of Drivers;

Exemption Applications; Diabetes Mellitus, 20874-20879 2012-8375 2012-8385 Qualification of Drivers; Exemption Applications; Vision, 20879-20881 2012-8384 Requests for Nominations: Unified Carrier Registration Plan Board of Directors, 20881-20882 2012-8387 Federal Reserve Federal Reserve System NOTICES Changes in Bank Control Notices: Acquisitions of Shares of a Bank or Bank Holding Company, 20820 2012-8321 Fish Fish and Wildlife Service RULES Endangered and Threatened Wildlife and Plants:

Listing of Miami Blue Butterfly as Endangered Throughout Its Range; Listing of the Cassius Blue, Ceraunus Blue, and Nickerbean Blue Butterflies as Threatened Due to Similarity of Appearance to the Miami Blue Butterfly in Coastal South and Central Florida, 20948-20986 2012-8088 NOTICES Endangered Species; Permit Applications, 20838-20840 2012-8338 Environmental Assessments; Availability, etc.: Bogue Chitto National Wildlife Refuge, LA and MS, 20840-20841 2012-8292 Food and Drug Food and Drug Administration NOTICES Debarment Orders:

Jyotin Parikh, 20823-20825 2012-8342 Guidance for Industry and Staff; Availability: Procedures for Section 513(g) Requests for Information under the Federal Food, Drug, and Cosmetic Act, 20826-20827 2012-8226 User Fees for 513(g) Requests for Information, 20825-20826 2012-8227 Patent Extension Regulatory Review Periods: DATSCAN, 20829-20830 2012-8340 LATUDA, 20828 2012-8354 NATROBA, 20829 2012-8337 TEFLARO, 20827 2012-8339 VIIBRYD, 20830-20831 2012-8341 Foreign Trade Foreign-Trade Zones Board NOTICES Application for Temporary/Interim Manufacturing Authority:

Siemens Energy, Inc., Foreign-Trade Zone 161, Sedgwick County, KS, 20782 2012-8380 Health and Human Health and Human Services Department See Agency for Healthcare Research and Quality See Centers for Disease Control and Prevention See Food and Drug Administration See National Institutes of Health See Substance Abuse and Mental Health Services Administration Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency See U.S. Customs and Border Protection Housing Housing and Urban Development Department NOTICES Buy American Exceptions under the American Recovery and Reinvestment Act, 20837-20838 2012-8362 2012-8363 Federal Properties Suitable as Facilities to Assist Homeless, 20838 2012-8215 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau See National Park Service Internal Revenue Internal Revenue Service NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 20883-20885 2012-8255 2012-8257 2012-8258 2012-8263 International Trade Adm International Trade Administration NOTICES Antidumping Duty Administrative Reviews; Results, Extensions, Amendments, etc.: Circular Welded Carbon Steel Pipes and Tubes from Thailand, 20782-20788 2012-8383 Diamond Sawblades and Parts Thereof from the Republic of Korea and the People's Republic of China, 20788 2012-8370 Final Results of Expedited Second Sunset Review of Antidumping Duty Orders:

Foundry Coke Products from the People's Republic of China, 20788-20789 2012-8368 International Trade Com International Trade Commission NOTICES Investigations; Terminations, Modifications and Rulings: Certain Food Containers, Cups, Plates, Cutlery and Related Iteams and Packaging Thereof, 20846-20847 2012-8284 Certain Mobile Electronic Devices Incorporating Haptics, 20847-20848 2012-8264 Certain Reduced Ignition Proclivity Cigarette Paper Wrappers and Products Containing Same, 20844-20846 2012-8265 Meetings;

Sunshine Act, 20848 2012-8407 2012-8408 Justice Department Justice Department See Alcohol, Tobacco, Firearms, and Explosives Bureau NOTICES Lodging of Consent Decrees Under the Clean Air Act, 20848-20849 2012-8334 Labor Department Labor Department See Labor Statistics Bureau See Mine Safety and Health Administration See Occupational Safety and Health Administration NOTICES Funding Availability: Homeless Veterans' Reintegration Program, 20849 2012-8254 Labor Statistics Labor Statistics Bureau NOTICES Meetings:

Data Users Advisory Committee, 20850 2012-8320 Land Land Management Bureau NOTICES Environmental Impact Statements; Availability, etc.: Greater Natural Buttes, Uintah County, UT, 20841-20842 2012-8247 Filing of Plats of Survey: New Mexico, 20842-20843 2012-8312 Mine Mine Safety and Health Administration RULES Examinations of Work Areas in Underground Coal Mines for Violations of Mandatory Health or Safety Standards, 20700-20716 2012-8328 NASA National Aeronautics and Space Administration NOTICES Meetings:

Commercial Space Committee of the NASA Advisory Council, 20852 2012-8347 Planetary Protection Subcommittee of the NASA Advisory Council, 20851-20852 2012-8346 National Institute National Institute of Standards and Technology NOTICES Meetings: Manufacturing Extension Partnership Advisory Board, 20790 2012-8366 Work Group on Measuring Systems for Taxis, 20789-20790 2012-8365 National Institute National Institutes of Health NOTICES Meetings: Center For Scientific Review, 20832 2012-8352 National Cancer Institute, 20831-20832 2012-8353 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries of the Northeastern United States:

Atlantic Sea Scallop Fishery; Framework Adjustment 23, 20728-20742 2012-8386 PROPOSED RULES Endangered and Threatened Species: Proposed Threatened Status for Subspecies of Ringed Seal, 20773-20774 2012-8371 Threatened Status for Distinct Population Segments of Bearded Seal, 20774-20775 2012-8373 Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic: Reef Fish Fishery of Gulf of Mexico; Amendment 32 Supplement, 20775-20778 2012-8376 NOTICES Magnuson-Stevens Act Provisions;

General Provisions for Domestic Fisheries: Application for Exempted Fishing Permit, 20790-20792 2012-8374 Meetings: New England Fishery Management Council, 20792-20793 2012-8378 Permits: Marine Mammals; File No. 16599, 20793-20794 2012-8377 Selection of Authors: National Climate Assessment and Development Advisory Committee, 20794 2012-8382 National Park National Park Service NOTICES Environmental Impact Statements; Availability, etc.: Nabesna Off-Road Vehicle Management Plan, Wrangell-St.

Elias National Park and Preserve, 20843 2012-8364 National Register of Historic Places: Pending Nominations and Related Actions, 20843-20844 2012-8250 National Science National Science Foundation NOTICES Meetings: Proposal Review Panel for Materials Research, 20852-20853 2012-8272 U.S. Antarctic Program Blue Ribbon Panel Review, 20852 2012-8333 National Transportation National Transportation Safety Board NOTICES Meetings; Sunshine Act, 20853 2012-8491 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Establishment of Atomic Safety and Licensing Board:

Entergy Nuclear Operations, Inc., 20853 2012-8314 Occupational Safety Health Adm Occupational Safety and Health Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: 1,2-Dibromo-3-Chloropropane Standard, 20850-20851 2012-8331 Rural Business Rural Business-Cooperative Service NOTICES Funding Availability: Rural Energy for America Program; Correction, 20781 2012-8252 Securities Securities and Exchange Commission PROPOSED RULES Investment Company Advertising:

Target Date Retirement Fund Names and Marketing, 20749 2012-8348 NOTICES Applications for Deregistration, 20853-20854 2012-8262 Self-Regulatory Organizations; Proposed Rule Changes: BATS Exchange, Inc., 20858-20859 2012-8361 BATS Y-Exchange, Inc., 20860-20861 2012-8360 EDGA Exchange, Inc, 20863-20867 2012-8269 EDGX Exchange, Inc., 20854-20858 2012-8271 NASDAQ OMX PHLX LLC, 20867-20869 2012-8261 New York Stock Exchange LLC, 20870-20871 2012-8259 NYSE Amex LLC, 20869-20870 2012-8260 Options Clearing Corp., 20861-20863 2012-8270 Small Business Small Business Administration NOTICES Conflict of Interest Exemptions:

Praesidian Capital Opportunity Fund III, LP, 20871 2012-8326 Meetings: Audit and Financial Management Advisory, 20871-20872 2012-8325 Region II Buffalo District Advisory Council, 20871 2012-8324 Special Inspector Special Inspector General for Afghanistan Reconstruction RULES Supplemental Standards of Ethical Conduct for Employees, 20697-20700 2012-8191 Substance Substance Abuse and Mental Health Services Administration NOTICES Laboratories, Facilities That Meet Minimum Standards To Engage in Urine Drug Testing;

Current List, 20832-20834 2012-8236 Surface Transportation Surface Transportation Board NOTICES Acquisition and Operation Exemptions: Manning Grain Co., Fillmore Western Railway Co., 20882-20883 2012-8358 Transportation Department Transportation Department See Federal Aviation Administration See Federal Highway Administration See Federal Motor Carrier Safety Administration See Surface Transportation Board NOTICES Meetings: Enabling a Secure Environment for Vehicle-to-Infrastructure Research Workshop, 20872 2012-6775 Intelligent Transportation Systems Program Advisory Committee, 20872 2012-8313 Treasury Treasury Department See Internal Revenue Service NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 20883 2012-8268 Customs U.S. Customs and Border Protection NOTICES National Customs Automation Program Tests: Automated Commercial Environment Document Image System, 20835-20837 2012-8246 Veteran Affairs Veterans Affairs Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Advertising, Sales, and Enrollment Materials, and Candidate Handbooks, 20886-20887 2012-8275 Application for Burial Benefits, 20888-20889 2012-8280 Appointment of Veterans Service Organization/or Individuals as Claimant's Representative, 20890-20891 2012-8278 Conversion from Servicemembers' Group Life Insurance to Veterans' Group Life Insurance, 20886 2012-8274 Educational/Vocational Counseling Application, 20887-20888 2012-8277 Income, Net Worth, and Employment Statement, 20888 2012-8279 Interest Rate Reduction Refinancing Loan Worksheet, 20890 2012-8281 National Acquisition Center Customer Response Survey, 20887 2012-8276 Request One-VA Identification Verification Card, 20889 2012-8282 Vocational Rehabilitation and Employment Longitudinal Study Survey, 20885-20886 2012-8273 Separate Parts In This Issue Part II Environmental Protection Agency, 20894-20945 2012-6586 Part III Interior Department, Fish and Wildlife Service, 20948-20986 2012-8088 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. 77 67 Friday, April 6, 2012 Rules and Regulations SPECIAL INSPECTOR GENERAL FOR AFGHANISTAN RECONSTRUCTION 5 CFR Part 9303 RIN 3460-AA01 Supplemental Standards of Ethical Conduct for Employees AGENCY: Special Inspector General for Afghanistan Reconstruction.

ACTION: Interim rule with request for comments. SUMMARY: The Special Inspector General for Afghanistan Reconstruction (SIGAR), with the concurrence of the Office of Government Ethics (OGE), is issuing an interim regulation for SIGAR employees that will supplement the executive branch-wide Standards of Ethical Conduct (Standards) issued by OGE. The supplemental regulation includes a requirement that SIGAR employees obtain prior approval for certain types of outside activities.

DATES: *Effective date:* April 6, 2012. *Comment date:* Comments are invited and must be received by June 5, 2012. ADDRESSES: You may submit comments, in writing, to Hugo Teufel on this rule, identified by RIN 3460-AA01, by any of the following methods: • *Email: hugo.teufel.civ@mail.mil.* Include the reference “Supplemental Standards of Ethical Conduct for Employees of SIGAR” in the subject line of the message. • *Mail:* Special Inspector General for Afghanistan Reconstruction, 2530 Crystal Drive, Arlington, VA 22202-3940.

Attention: Hugo Teufel, Designated Agency Ethics Official (DAEO). • *Hand Delivery/Courier:* Special Inspector General for Afghanistan Reconstruction, 1550 Crystal Drive, 9th Floor, Arlington, VA 22202. Attention: Hugo Teufel, Designated Agency Ethics Official (DAEO). FOR FURTHER INFORMATION CONTACT: Christina Beach, Ethics Compliance Officer, at 703-545-5994, email: *christina.k.beach.civ@mail.mil* . SUPPLEMENTARY INFORMATION: I. Background In 1992, OGE published the Standards of Ethical Conduct for Employees of the Executive Branch, as codified at 5 CFR part 2635 and effective February 3, 1993, which established uniform standards of ethical conduct applicable to all executive branch personnel.

The National Defense Authorization Act (Pub. L. 110-181) established SIGAR. The agency's mission is to provide independent oversight of the treatment, handling, and expenditure of funds appropriated or otherwise made available for the reconstruction of Afghanistan; detect and deter fraud, waste, and abuse of U.S. funds; and promote actions to increase program economy, efficiency, and effectiveness. Afghanistan reconstruction includes any major contract, grant, agreement, or other funding mechanism entered into by any department or agency of the United States government that involves the use of amounts appropriated, or otherwise made available for the reconstruction of Afghanistan with any private entity to:

(1)Build or rebuild physical infrastructure of Afghanistan,

(2)establish or reestablish political or societal institutions of Afghanistan,

(3)build the Afghanistan National Security Forces, and

(4)provide products or services to the people of Afghanistan. Given the importance of the agency's mission and the need to maintain objectivity and independence, SIGAR, through the proposed provisions, would require prior agency approval before employees engage in certain outside activities. Part 2635.105 authorizes executive branch agencies, with the concurrence of OGE, to publish such agency-specific supplemental regulations as may be necessary to implement their respective ethics programs. SIGAR, with OGE's concurrence, has determined that the following supplemental regulation is necessary, given SIGAR's unique status and mission, to implement the agency's ethics program. II. Analysis of the Regulations Section 9303.101 General Section 9303.101 explains that the regulations apply to all SIGAR employees and supplement the executive branch-wide Standards in 5 CFR part 2635. Section 9303.101 also provides a cross-reference to the executive branch-wide financial disclosure regulations contained in 5 CFR part 2634, the executive branch-wide regulation regarding outside employment at 5 CFR part 2636, and the regulation concerning executive branch financial interests contained in 5 CFR part 2640. Section 9303.102 Prior Approval for Certain Outside Activities Under 5 CFR 2635.803, agencies may, by supplemental regulations, require employees to obtain approval before engaging in outside employment and activities. SIGAR has determined that it is necessary to the administration of its ethics program to require its employees, other than special Government employees, to obtain prior approval for certain types of outside employment and 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 laws and regulations. Under § 9303.102(a)(1), SIGAR employees must obtain prior approval regarding the provision of professional services that involve the application of the same specialized skills or the same educational background as performance of the employee's official duties. Such outside activities may raise a strong risk of a violation of the Standards. For purposes of this section, the definition of “professional services” in § 9303.102(d)(3) reflects the definition of “profession” as provided at 5 CFR 2636.305(b)(1), and 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. Secretarial and clerical positions are not, for purposes of this requirement, considered to provide “professional services.” Under § 9303.102(a)(2), SIGAR employees must obtain prior approval regarding teaching, speaking, or writing that relates to the employee's official duties. This section requires prior approval of outside speaking and writing, as well as outside teaching, but only if it “relates to the employee's official duties.” Consistent with the Standards, the term “relates to the employee's official duties” is defined in § 9303.102(d)(5) as having the meaning provided in 5 CFR 2635.807(a)(2)(i)(B) through (a)(2)(i)(E). To summarize that definition, teaching, speaking, or writing relates to the employee's official duties if the invitation to teach, speak, or write is extended primarily because of the employee's official position; if the invitation or the offer of compensation (when the employee is to be compensated for the activity) is extended by a person whose interests may be affected substantially by the employee's performance or nonperformance of his or her official duties; if the activity draws substantially on “nonpublic information,” a term which § 9303.102(d)(2) defines as having the meaning set forth in § 2635.703(b) of the Standards and which therefore includes information that the employee gains by reason of Federal employment and that the employee knows or reasonably should know has not been made available to the general public; if the subject of the activity deals in significant part with SIGAR programs, operations or policies, or with the employee's current or recent assignments; or, in the case of a non-career employee as defined in 5 CFR 2636.303(a), if the subject of the activity deals in significant part with the general subject matter area, industry, or economic sector primarily affected by the programs and operations of SIGAR. Under § 9303.102(a)(3), SIGAR employees must obtain prior approval regarding certain services for a “prohibited source.” The term “prohibited source” is defined in § 9303.102(d)(4) as having the meaning set forth in § 2635.203(d) of the Standards, and therefore in summary includes a person or organization, a majority of whose members seek official action by SIGAR, do or seek to do business with SIGAR, are subject to oversight by SIGAR pursuant to sections 1229 and 842 of the National Defense Authorization Act for FY 2008, Pub. L. No. 110-181, or who may be substantially affected by the performance or nonperformance of the employee's duties. The kind of services for a prohibited source for which § 9303.102(a)(3) requires prior approval are those that could raise a question of conflicting financial interests under subpart D of the Standards or a question of loss of impartiality in performing official duties under subpart E of the Standards. Those services include service as an officer, director, trustee, general partner, employee, agent, attorney, consultant, contractor, or “active participant.” The term “active participant” is defined in § 9303.102(d)(1) as having the meaning set forth in subpart E of the Standards, at 5 CFR 2635.502(b)(1)(v). In accordance with that definition, payment of dues to an organization, or the donation or solicitation of financial support, alone does not constitute active participation. An exception to the prior approval requirement in § 9303.103(a)(3) excludes from the prior approval requirement therein a number of uncompensated and volunteer activities that are unlikely to raise issues under the Standards. Specifically, employees do not have to obtain approval before providing the services listed in § 9303.102(a)(3), if the service is without compensation (other than reimbursement of expenses) and the prohibited source for which the service is to be provided is a nonprofit charitable, religious, professional, social, fraternal, educational, recreational, public service, or civic organization. However, prior approval for such an activity is required if the activity is covered by another of the prior approval requirements in this section. Under § 9303.102(a)(4), SIGAR employees must obtain prior approval regarding the provision of services, other than clerical services or service as a fact witness, on behalf of any other person in connection with a particular matter in which the United States is a party, in which the United States has a direct and substantial interest, or if the provision of services involves the preparation of materials for submission to, or representation before, a Federal court or executive branch agency. Under 5 CFR 2635.805, employees are required to obtain authorization before acting as expert witnesses, other than on behalf of the United States, in any proceeding before a Federal court or agency in a matter in which the United States is a party or has a direct and substantial interest. Paragraph (a)(4) of § 9303.102 is intended to cover such testimony as an outside activity, thus eliminating the need to create a separate procedure for the required authorization. In addition, requiring prior approval under these circumstances will help employees to avoid violating the representational bars in 18 U.S.C. 203 and 205. Section 9303.102(b) sets forth the procedures for submitting a request for approval of an outside activity, specifying the information to be included in the employee's request, and the contents of a certification the employee is to submit with the request for approval. Section 9303.102(c) specifies the standard for granting approval. Approval shall be granted only upon a determination by the agency official who is the designated authority to make such a determination that the outside employment is not expected to involve conduct prohibited by statute or Federal regulation. Section 9303.102(d) defines the terms “active participant,” “nonpublic information,” “professional services,” “prohibited source,” and “relates to the employee's official duties,” for purposes of the section, as explained above, consistent with the Standards and other regulations issued by OGE. Requiring prior approval will give SIGAR managers the opportunity to review the proposed employment or activity in light of the employee's official duties and to consult with an agency ethics official concerning the applicability of Federal conflict of interest statutes and ethics regulations to the proposed activity. The executive branch-wide Standards, at 5 CFR 2635.802, explain that an activity conflicts with an employee's official duties if it is prohibited by statute or by an agency supplemental regulation, or if, under the standards set forth in §§ 2635.402 and 2635.502 of the Standards, it would require the employee's disqualification from matters so central or critical to the performance of the employee's official duties that the employee's ability to perform the duties of his or her position would be materially impaired. Even when prior approval is not required, conflict of interest statutes and the Standards may restrict the actions of employees in connection with participation in such activities or organizations. III. Matters of Regulatory Procedure Administrative Procedure Act Under 5 U.S.C. 1103(b)(1) and 1105, these regulations are not subject to the rulemaking requirements of the Administrative Procedure Act, at 5 U.S.C. 553(b), (c), and (d), because they apply solely to SIGAR or its employees. Furthermore, SIGAR finds good cause that it is in the public interest that these internal regulations take effect as an interim rule upon the date of publication of this **Federal Register** rulemaking document. In issuing a final rule on this matter, SIGAR will consider all written comments on this rule that are submitted by the June 5, 2012 due date. Regulatory Flexibility Act As Acting Inspector General of SIGAR, I have determined under the Regulatory Flexibility Act (5 U.S.C. chapter 6) that this rule will not have a significant economic impact on a substantial number of small entities because it will primarily affect SIGAR employees. Paperwork Reduction Act As Acting Inspector General of SIGAR, I have determined that the Paperwork Reduction Act (44 U.S.C. chapter 35) does not apply to this rule, because it does not contain any information collection requirements that would require the approval of the Office of Management and Budget. Unfunded Mandates Reform Act For purposes of the Unfunded Mandates Reform Act of 1995 (2 U.S.C. chapter 25, subchapter II), this rule would not significantly or uniquely affect small governments and would not result in increased expenditures by State, local, and tribal governments, or by the private sector, of $100 million or more (as adjusted for inflation) in any one year. Congressional Review Act SIGAR 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. Executive Order 12866 In promulgating this rule, SIGAR has adhered to the regulatory philosophy and the applicable principles of regulation set forth in section 1 of Executive Order 12866, Regulatory Planning and Review. This rule has not been reviewed by the Office of Management and Budget under that Executive order, since it deals with agency organization, management, and personnel matters and is not in any way event deemed “significant” thereunder. Executive Order 12988 As Acting Inspector General of SIGAR, I have reviewed this rule in light of section 3 of Executive Order 12988, Civil Justice Reform, and certify that it meets the applicable standards provided therein. List of Subjects in 5 CFR Part 9303 Conflict of interests, Government employees. Authority and Issuance For the reasons set forth in the preamble, the Special Inspector General for Afghanistan Reconstruction, with the concurrence of the Office of Government Ethics, is amending chapter LXXXIII of title 5 of the Code of Federal Regulations by adding part 9303 to read as follows: PART 9303—SUPPLEMENTAL STANDARDS OF ETHICAL CONDUCT FOR EMPLOYEES OF THE OFFICE OF THE SPECIAL INSPECTOR GENERAL FOR AFGHANISTAN RECONSTRUCTION Sec. 9303.101 General. 9303.102 Prior approval for certain outside activities. Authority: 5 U.S.C. Section 7301; 5 U.S.C. App. (Ethics in Government Act of 1978, as amended), 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, 2635.702, 2635.703, 2635.801, 2635.802, 2635.803, and 2635.805. § 9303.101 General. In accordance with 5 CFR 2635.105, the regulations in this part apply to employees of the Office of the Special Inspector General for Afghanistan Reconstruction (SIGAR) and supplement the Standards of Ethical Conduct for Employees of the Executive Branch contained in 5 CFR part 2635. In addition to the regulations in 5 CFR part 2635 and this part, SIGAR employees are subject to the executive branch-wide financial disclosure regulations contained in 5 CFR part 2634; the executive branch regulations regarding outside employment at 5 CFR part 2636; and the regulations concerning executive branch financial interests contained in 5 CFR part 2640. § 9303.102 Prior approval for certain outside activities.

(a)*Prior approval requirement.* An employee, other than a special Government employee, shall obtain written approval before engaging—with or without compensation—in the following outside activities:

(1)Providing professional services involving the application of the same specialized skills or the same educational background as performance of the employee's official duties;

(2)Teaching, speaking, or writing that relates to the employee's official duties;

(3)Serving as an officer, director, trustee, general partner, employee, agent, attorney, consultant, contractor, or active participant for a prohibited source, except that prior approval is not required by this paragraph (a)(3) to provide such service without compensation (other than reimbursement of expenses) for a prohibited source that is a nonprofit charitable, religious, professional, social, fraternal, educational, recreational, public service, or civic organization, unless prior approval for the activity is required by paragraph (a)(1), (a)(2), or (a)(4) of this section; or

(4)Providing services, other than clerical services or service as a fact witness, on behalf of any other person in connection with a particular matter:

(i)In which the United States is a party;

(ii)In which the United States has a direct and substantial interest; or

(iii)If the provision of services involves the preparation of materials for submission to, or representation before, a Federal court or executive branch agency.

(b)*Submission of requests for approval.*

(1)Requests for approval shall be submitted in writing to SIGAR's Inspector General or Inspector General's designee through normal supervisory channels. Such requests shall include, at a minimum, the following:

(i)The employee's name and position title;

(ii)The name and address of the person or organization for whom or for which the outside activity is to be performed;

(iii)A description of the proposed outside activity, including the duties and services to be performed while engaged in the activity; and

(iv)The proposed hours that the employee will engage in the outside activity, and the approximate dates of the activity.

(2)Together with the employee's request for approval, the employee shall provide a certification that:

(i)The outside activity will not depend in any way on nonpublic information;

(ii)No official duty time or Government property, resources, or facilities not available to the general public will be used in connection with the outside activity; and

(iii)The employee has read subpart H (“Outside Activities”) of 5 CFR part 2635.

(3)Upon a significant change in the nature or scope of the outside activity or in the employee's official position, the employee shall submit a revised request for approval.

(c)*Approval of requests.* Approval shall be granted only upon a determination by SIGAR's Inspector General or Inspector General's designee, in consultation with the General Counsel and the Director of Public Affairs, that the outside activity is not expected to involve conduct prohibited by statute or Federal regulation, including 5 CFR part 2635.

(d)*Definitions.* For purposes of this section:

(1)“ *Active participant”* has the meaning set forth in 5 CFR 2635.502(b)(1)(v).

(2)“ *Nonpublic information”* has the meaning set forth in 5 CFR 2635.703(b).

(3)“ *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).

(4)“ *Prohibited source”* has the meaning set forth in 5 CFR 2635.203(d).

(5)“ *Relates to the employee's official duties”* has the meaning set forth in 5 CFR 2635.807(a)(2)(i)(B) through (a)(2)(i)(E). Dated: March 16, 2011. Steven J. Trent, Acting Inspector General, Special Inspector General for Afghanistan Reconstruction. Approved: March 20, 2011. Don W. Fox, Acting Director, Office of Government Ethics. [FR Doc. 2012-8191 Filed 4-5-12; 8:45 am]

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