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--- schema: federal-register doc_type: fedreg source_file: FR-2013-04-17.xml --- 78 74 Wednesday, April 17, 2013 Contents Agency Health Agency for Healthcare Research and Quality NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 22880-22883 2013-08833 Requests for Nominations: Standing Workgroup for Quality Indicator Measure Specification, 22883-22884 2013-08834 Agriculture Agriculture Department See Forest Service Antitrust Division Antitrust Division NOTICES United States v.

Chiropractic Associates, Ltd. of South Dakota, 22901-22908 2013-09035 Antitrust See Antitrust Division Centers Disease Centers for Disease Control and Prevention NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 22884-22887 2013-08911 2013-08912 Coast Guard Coast Guard RULES Safety Zones: Corp. Event Finale UHC, St. Thomas Harbor; St. Thomas, U.S.V.I., 22778-22780 2013-09027 Special Local Regulations: Recurring Marine Events in the Seventh Coast Guard District;

St. Croix, U.S.V.I., 22777-22778 2013-09033 PROPOSED RULES Special Local Regulations: Mayaguez Grand Prix, Mayaguez Bay; Mayaguez, PR, 22811-22814 2013-09021 Miami Super Boat Grand Prix, Atlantic Ocean; Miami Beach, FL, 22814-22817 2013-08990 Pro Hydro-X Tour, Lake Dora; Tavares, FL, 22808-22811 2013-08984 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 22894-22895 2013-09034 Commerce Commerce Department See Economic Development Administration See Foreign-Trade Zones Board See International Trade Administration See National Institute of Standards and Technology See National Oceanic and Atmospheric Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 22843 2013-08936 Comptroller Comptroller of the Currency NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Municipal Securities Dealers and Government Securities Brokers and Dealers - Registration and Withdrawal, 22946 2013-08951 Copyright Office Copyright Office, Library of Congress NOTICES Review of Copyright Royalty Judges Determination, 22913-22915 2013-09005 Copyright Royalty Board Copyright Royalty Board RULES Rates and Terms for Preexisting Subscription Services and Satellite Digital Audio Radio Services, 23054-23100 2013-08657 Defense Acquisition Defense Acquisition Regulations System PROPOSED RULES Defense Federal Acquisition Regulation Supplement:

Encouragement of Science, Technology, Engineering, and Mathematics Programs; Withdrawal, 22841 2013-09019 Defense Department Defense Department See Defense Acquisition Regulations System NOTICES Arms Sales, 22848-22852 2013-08949 2013-08950 National Commission on the Structure of the Air Force; Establishment, 22852-22854 2013-09028 Privacy Act; Systems of Records, 22854 2013-08917 Department of Transportation See Pipeline and Hazardous Materials Safety Administration Economic Development Economic Development Administration PROPOSED RULES Developing a Program to Provide Loan Guarantees to Small- or Medium-Sized Manufacturers, 22801-22802 2013-08999 Education Department Education Department RULES Final Priorities:

Disability and Rehabilitation Research Projects and Centers Program; Disability Rehabilitation Research Project, 22783-22785 2013-09060 Disability and Rehabilitation Research Projects and Centers Program; Rehabilitation Engineering Research Centers, 22780-22782 2013-09079 PROPOSED RULES Proposed Priorities: Rehabilitation Engineering Research Centers, 22817-22820 2013-09043 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Annual Performance Report for Historically Black Colleges and Universities Master's Degree Program, 22855 2013-09009 Applications for New Awards:

Disability and Rehabilitation Research Projects and Centers Program, Center on Knowledge Translation for Technology Transfer, 22864-22869 2013-09062 Disability and Rehabilitation Research Projects and Centers Program, Rehabilitation Engineering Research Centers, 22860-22864 2013-09082 Fulbright-Hays Group Projects Abroad Program, Short-Term Projects, 22855-22860 2013-09045 Credit Enhancement for Charter School Facilities Program, 22869 2013-09056 Employment and Training Employment and Training Administration NOTICES Eligibility to Apply for Worker Adjustment Assistance;

Amended Certifications: Mondelez Global, LLC, et al., San Antonio, TX, 22909-22910 2013-08929 Determinations: Delta Air Lines, Inc., Seatac, WA and Sioux City, IA, 22911 2013-08928 Johnstown Specialty Castings, Inc., Johnstown, PA, 22910 2013-08930 Eligibility to Apply for Worker Adjustment Assistance; Amended Certifications: HCL America, Inc., et al., Webster, NY, 22911-22912 2013-08927 Employment Standards Employment Standards Administration See Wage and Hour Division Energy Department Energy Department See Federal Energy Regulatory Commission Environmental Protection Environmental Protection Agency RULES Air Quality Implementation Plans;

Approvals and Promulgations: Delaware, State Board Requirements, 22785-22788 2013-08926 EPAAR Clause for Printing, 22795-22798 2013-08922 Exemption from the Requirement of a Tolerance: Methyl Jasmonate, 22789-22794 2013-08829 Supplemental Determination for Renewable Fuels Produced under the Final RFS2 Program from Grain Sorghum; Correction, 22788-22789 2013-09068 PROPOSED RULES Air Quality Implementation Plans; Approvals and Promulgations: Delaware; State Board Requirements, 22840-22841 2013-08932 Kansas;

Infrastructure SIP Requirements for the 1997 and 2006 Fine Particulate Matter National Ambient Air Quality Standards, 22827-22840 2013-09053 NOTICES Meetings: Federal Insecticide, Fungicide, and Rodenticide Act Scientific Advisory Panel, 22873-22876 2013-08921 Registration Cancellations; Application Denials: Certain Rodenticide Bait Products, 22876 2013-09066 Executive Office of the President See Presidential Documents Export Import Export-Import Bank NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 22876-22878 2013-08979 2013-08980 2013-08983 Federal Aviation Federal Aviation Administration PROPOSED RULES Airworthiness Directives: Bombardier, Inc. Airplanes, 22806-22808 2013-09008 The Boeing Company Airplanes, 22802-22806 2013-09006 NOTICES Requests to Lease Airport Property for Non-Aeronautical Purposes: Bradford Regional Airport, Lewis Run, PA, 22940 2013-08953 Federal Deposit Federal Deposit Insurance Corporation RULES Statements of Policy:

Development and Review of Regulations and Policies, 22771-22773 2013-08986 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 22878-22879 2013-09000 2013-09001 2013-09032 Federal Energy Federal Energy Regulatory Commission RULES Reliability Standard for Transmission Vegetation Management; Correction, 22773 2013-08640 NOTICES Amendments: Southern California Gas Co., 22869-22870 2013-09014 Applications: City of Holyoke Gas and Electric Department, 22871 2013-09017 Free Flow Power Corp., 22870-22871 2013-09011 Exempt Wholesale Generator or Foreign Utility Company Status:

Carson Cogeneration Co., LP; Delano Energy Center, LLC; Alpaugh 50, LLC; et al., 22871-22872 2013-09016 Filings: TexStar Transmission, LP; TEAK Texana Transmission Company, LP, 22872 2013-09010 Fiscal Year 2012 Other Federal Agency Cost Submissions, 22872 2013-09018 Preliminary Permit Applications: Hamilton Street Hydro, LLC, 22872-22873 2013-09012 2013-09013 Federal Reserve Federal Reserve System NOTICES Changes in Bank Control Notices: Acquisitions of Shares of a Bank or Bank Holding Company, 22879-22880 2013-09031 Federal Open Market Committee;

Domestic Policy Directive of March 19-20, 2013, 22880 2013-08952 Federal Retirement Federal Retirement Thrift Investment Board NOTICES Meetings; Sunshine Act, 22880 2013-09117 Food and Drug Food and Drug Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Experimental Study on the Public Display of Lists of Harmful and Potential Harmful Tobacco Constituents, 22887 2013-08906 Guidance for Industry on Non-Penicillin Beta-Lactam Drugs;

Availability: Current Good Manufacturing Practices Framework for Preventing Cross-Contamination, 22887-22888 2013-08913 Foreign Trade Foreign-Trade Zones Board NOTICES Export Production Activity; Authorization: Foreign-Trade Zone 33; Tsudis Chocolate Co., Pittsburgh, PA, 22843 2013-09042 Forest Forest Service NOTICES Meetings: Nicolet Resource Advisory Committee, 2013-08919 22842-22843 2013-08923 General Services General Services Administration NOTICES Privacy Act; Systems of Records, 22880 2013-09004 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 Health Resources and Services Administration See Indian Health Service See National Institutes of Health RULES World Trade Center Health Program:

Certification of Breast Cancer in WTC Responders and Survivors Exposed to PCBs, 22794-22795 2013-09003 Health Resources Health Resources and Services Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 22888-22890 2013-09026 2013-09029 Meetings: National Advisory Council on Migrant Health, 22890 2013-09025 National Advisory Council on Nurse Education and Practice, 22890 2013-09023 Healthcare Research and Quality Agency See Agency for Healthcare Research and Quality Homeland Homeland Security Department See Coast Guard See U.S.

Customs and Border Protection RULES Immigration Benefits Business Transformation, Increment I; Correction, 22770-22771 2013-08985 Indian Health Indian Health Service See Indian Health Service NOTICES Reimbursement Rates for Calendar Year 2013, 22890-22891 2013-09030 Internal Revenue Internal Revenue Service NOTICES Meetings: Taxpayer Advocacy Panel Joint Committee, 22947 2013-08965 Taxpayer Advocacy Panel Notices and Correspondence Project Committee, 22948 2013-08962 Taxpayer Advocacy Panel Tax Forms and Publications Project Committee, 22948 2013-08966 Taxpayer Advocacy Panel Taxpayer Assistance Center Improvements Project Committee, 22947 2013-08967 Taxpayer Advocacy Panel Taxpayer Communications Project Committee, 22947-22948 2013-08960 Taxpayer Advocacy Panel Toll-Free Phone Line Project Committee, 22947 2013-08961 International Trade Adm International Trade Administration RULES Accountability of Attorneys and Non-Attorney Representatives Appearing before the Department, 22773-22777 2013-09041 NOTICES Circumvention of Antidumping Duty Order;

Determinations, etc.: Small Diameter Graphite Electrodes from the People's Republic of China, 22843-22845 2013-09059 Countervailing Duty Administrative Reviews; Results, Extensions, Amendments, etc.: Certain Lined Paper Products from India, 22845-22846 2013-08900 International Trade Com International Trade Commission NOTICES Investigations: Certain Electronic Devices Having Placeshifting or Display Replication Functionality and Products Containing Same, 22899-22900 2013-08964 Certain Omega-3 Extracts from Marine or Aquatic Biomass and Products Containing the Same, 22898-22899 2013-08963 Justice Department Justice Department See Antitrust Division NOTICES Proposed Consent Decrees, 22900-22901 2013-08969 Labor Department Labor Department See Employment and Training Administration See Wage and Hour Division NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Veteran Supplement to the Current Population Survey, 22908-22909 2013-08925 Library Library of Congress See Copyright Office, Library of Congress See Copyright Royalty Board Marine Marine Mammal Commission NOTICES Meetings; Sunshine Act, 22915-22916 2013-09167 Maritime Maritime Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 22940-22941 2013-09020 National Credit National Credit Union Administration RULES Supplemental Standards of Ethical Conduct for Employees of the National Credit Union Administration, 22767-22770 2013-08086 NOTICES Meetings;

Sunshine Act, 22916 2013-09125 National Highway National Highway Traffic Safety Administration NOTICES Petitions for Decision of Inconsequential Noncompliance: OSRAM SYLVANIA Products, Inc., 22943-22944 2013-08956 Pilkington North America, Inc., 22942-22943 2013-08955 Sidump'r Trailer Company, Inc., 22941-22942 2013-08958 Petitions for Decision that Nonconforming Vehicles are Eligible for Importation: 1991 Volkswagen Transporter, 22944-22946 2013-08957 National Institute National Institute of Standards and Technology NOTICES Meetings:

Smart Grid Advisory Committee; Cancellation, 22846 2013-09036 National Institute National Institutes of Health NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Topic-based Studies for the Population Assessment of Tobacco and HealthStudy, 22891 2013-08954 Meetings: Center for Scientific Review, 22892-22893 2013-08938 2013-08939 2013-08940 Eunice Kennedy Shriver National Institute of Child Health and Human Development, 22893-22894 2013-08943 Fogarty International Center, 22894 2013-08941 National Heart, Lung, and Blood Institute, 22892 2013-08942 National Institute of Nursing Research, 22892 2013-08945 National Institute on Drug Abuse, 22892-22893 2013-08944 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic, 22950-23052 2013-08127 NOTICES Environmental Impact Statements;

Availability, etc.: Snapper-Grouper Fishery off the South Atlantic States, 22846-22848 2013-09052 National Science National Science Foundation NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 22916-22918 2013-08993 2013-08997 Early Career Doctorates Survey; Extension of Public Comment Period; Correction, 22918 2013-09002 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Meetings: Advisory Committee on Reactor Safeguards Subcommittee on Reliability and PRA, 22918 2013-09024 Pipeline Pipeline and Hazardous Materials Safety Administration RULES Hazardous Materials:

Maximum and Minimum Civil Penalties, 22798-22800 2013-08981 Postal Regulatory Postal Regulatory Commission PROPOSED RULES Rules of Practice, 22820-22827 2013-09037 Presidential Documents Presidential Documents PROCLAMATIONS Special Observances: Pan American Day and Pan American Week (Proc. 8957), 23101-23104 2013-09194 Securities Securities and Exchange Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 22918-22923 2013-08973 2013-08975 2013-08976 2013-08977 2013-08978 2013-08994 Self-Regulatory Organizations;

Applications for Registration as a Clearing Agency: Fixed Income Clearing Corp., 22923-22925 2013-08924 Self-Regulatory Organizations; Proposed Rule Changes: Chicago Board Options Exchange, Inc., 22926-22935 2013-08972 The NASDAQ Stock Market LLC, 22925-22926 2013-08974 Social Social Security Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 22935-22936 2013-08982 State Department State Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Application for a U.S. Passport, 22936-22937 2013-09039 Application for Additional Visa Pages or Miscellaneous Passport Services, 22937-22938 2013-09038 Susquehanna Susquehanna River Basin Commission NOTICES Actions Taken at March 21, 2013, Meeting, 22938-22940 2013-08991 Transportation Department Transportation Department See Federal Aviation Administration See Maritime Administration See National Highway Traffic Safety Administration See Pipeline and Hazardous Materials Safety Administration Treasury Treasury Department See Comptroller of the Currency See Internal Revenue Service Customs U.S.

Customs and Border Protection NOTICES Test to Allow Customs Brokers to Pre-Certify Importers for Participation in the Importer Self-Assessment Program, 22895-22898 2013-08968 Wage Wage and Hour Division NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 22912-22913 2013-09040 Separate Parts In This Issue Part II Commerce Department, National Oceanic and Atmospheric Administration, 22950-23052 2013-08127 Part III Library of Congress, Copyright Royalty Board, 23054-23100 2013-08657 Part IV Presidential Documents, 23101-23104 2013-09194 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. 78 74 Wednesday, April 17, 2013 Rules and Regulations NATIONAL CREDIT UNION ADMINISTRATION 5 CFR Part 9601 RIN 3133-AE10 Supplemental Standards of Ethical Conduct for Employees of the National Credit Union Administration AGENCY:

National Credit Union Administration (NCUA). ACTION: Final rule. SUMMARY: The National Credit Union Administration, with the concurrence of the Office of Government Ethics (OGE), is issuing this final rule for employees of the NCUA that supplements the Standards of Ethical Conduct for Employees of the Executive Branch (Standards) issued by OGE. The rule prohibits credit union-related employment and requires NCUA employees to obtain approval before engaging in other types of outside employment or activities.

DATES: This final rule is effective April 17, 2013. FOR FURTHER INFORMATION CONTACT: Hattie Ulan, National Credit Union Administration, Alternate Agency Ethics Official, Office of General Counsel, 1775 Duke Street, Alexandria, VA 22314 or telephone (703-518-6540). SUPPLEMENTARY INFORMATION: I. Background II. Discussion of Amendments III. Direct Final Rule IV. Regulatory Procedures I. Background Why is NCUA issuing this rule? On August 7, 1992, OGE published the Standards, which became effective on February 3, 1993. *See* 57 FR 35006-35067, as corrected at 57 FR 48557, 57 FR 52483, and 60 FR 51167, with additional grace period extensions for certain existing provisions at 59 FR 4779-4780, 60 FR 6390-6391, and 60 FR 66857-66858.

The Standards, as corrected and amended, are codified in 5 CFR part 2635. The Standards set uniform ethical conduct standards applicable to all executive branch personnel (including NCUA employees). Section 2635.105 of the Standards authorizes an agency, with the concurrence of OGE, to publish agency-specific supplemental regulations that are necessary to properly implement its respective ethics program. To date, the NCUA Board (Board) has not published any agency-specific ethics regulations pursuant to Section 2635.105. 1 Section 2635.802 of the OGE Standards prohibits employees from engaging in outside employment or activities that conflict with official duties.

Section 2635.803 of the OGE Standards authorizes the Board to issue a supplemental regulation requiring employees to obtain its prior approval before engaging in outside employment or activities where the Board has determined it necessary or desirable for the purpose of administering its ethics program. Such a supplemental regulation may apply to all employees or a category of employees. *Id.* Most, if not all, of the other financial regulatory agencies have issued supplemental regulations.

In most of the agencies' regulations reviewed, employees are prohibited from working for regulated institutions and affiliates, and employees must get approval for certain outside employment and activities due to the nature of the agencies' work and the potential for conflict of interest. 1 Certain senior NCUA examiners are subject to post-employment restrictions found in Part 796 of the NCUA Regulations, 12 CFR part 796. Part 796 was issued pursuant to a provision of the Federal Credit Union

(FCU)Act, rather than pursuant to the ethics regulations. *See* Section 206(w) of the FCU Act, 12 U.S.C. 1786(w). Why is this rule necessary? In the recent past there have been cases where NCUA employees have participated in outside employment/activities without such consultation and the employment/activity has resulted in either an appearance of or an actual conflict of interest. For example, an NCUA examiner could not serve as a volunteer director of a credit union as this would present an appearance of a conflict of interest as well as other potential violations of the Standards. Neither could an NCUA examiner serve as a paid part-time manager of a credit union for the same reasons. The Board has now determined that a supplemental regulation will be necessary and useful in avoiding potential conflicts of interest. The rule contains a general provision referring to the Standards and additional ethics provisions that prohibit employment in credit unions and related entities and requires approval for other outside employment and activities. The Board, with OGE's concurrence, has determined that the following supplemental rule is necessary for successful implementation of its ethics program in light of NCUA's unique programs and operations. Where is the new rule found? All supplemental agency ethics regulations are found in part 5 of the Code of Federal Regulations, following the OGE Regulations. 2 NCUA has been assigned 5 CFR part 9601 for its supplemental ethics regulation. 2 All other NCUA-specific regulations are found in 12 CFR chapter VII. II. Discussion of Amendments Section 9601.101 General What does the general provision contain? Paragraph

(a)explains that the regulation applies to NCUA employees, other than special government employees, 3 and supplements the OGE Standards. Paragraph

(b)notes that employees must comply with ethics guidance and procedures issued by NCUA. This paragraph also includes cross-references to other OGE ethics related regulations including the regulations concerning Executive Branch financial disclosure, financial interests, and post-employment, and to the NCUA specific regulation regarding post-employment restrictions applicable to senior examiners spending a specific amount of time in a particular credit union. *See* footnote 1. In addition, this paragraph notes that employees should contact an NCUA ethics official if an ethics question arises. 3 Special government employees are defined in the Standards at 5 CFR 2635.102(l) as employees to perform temporary duties for a period not to exceed 130 days during any consecutive 365-day period. Section 9601.102 Definitions How is employment defined? Paragraph (a)(1) broadly defines “employment” to include any form of non-Federal employment or business relationship involving the provision of personal services other than in the discharge of official duties, regardless of whether the services are compensated. In addition to more typical second jobs, employment includes outside teaching, speaking or writing when the writing is done under an arrangement with another person or for the publication of a written product. Employees who operate their own businesses are subject to the approval requirement. Paragraph (a)(2) excludes from the definition of employment non-compensated participation in the activities of certain nonprofit organizations. Employees are not required to seek approval if working for the type of organization described in paragraph (a)(2) unless:

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

(2)the organization's activities substantially relate to the employee's official duties. If either of the above two criteria are met, employees must request and obtain approval before engaging in outside employment for the organization. How are credit union-related entities defined? For purposes of this rule, a credit union includes both insured and noninsured credit unions as defined in section 102(7) of the Federal Credit Union Act, 12 U.S.C. 1752(7), and a credit union service organization

(CUSO)as defined in section 741.222(a) of the NCUA Regulations, 12 CFR 741.222. A credit union trade group is a trade organization whose membership is comprised of credit unions, CUSOs, state credit union regulators, state credit union organizations, and employees and officials of such organizations. Other credit union-related entities may be specified in Instructions issued by the Designated Agency Ethics Official

(DAEO)pursuant to section 104. Section 9601.103 Prohibited Employment Why is an outright prohibition necessary? Most of the financial regulatory agencies' supplemental ethics regulations contain an outright prohibition against their employees working for their own regulated entities as well as affiliated entities, in any capacity. *See, e.g., FDIC Supplemental Standards* at 5 CFR 3201.107(a). The Board believes that an outright prohibition against NCUA employees, other than special government employees, working for credit unions, CUSOs, credit union trade groups, and related entities is appropriate and necessary because such employment or other service would either involve a direct conflict of interest or the appearance of a conflict of interest. Section 9601.104 Prior Approval for Outside Employment When is approval required? Paragraph (a)(1) requires prior approval before an employee, other than a special government employee, engages in non-prohibited outside employment, with or without compensation. Employees must obtain the approval of their immediate supervisor with the concurrence of the Designated Agency Ethics Official (DAEO). Paragraph (a)(2) includes an approval requirement for outside employment that predates the effective date of this regulation. It also requires that new NCUA employees, other than special government employees, either terminate such employment or activities if prohibited by section 103 or get approval of continuing outside employment or activities pursuant to the rule. How is the request for approval submitted and what information must it contain? Paragraph

(b)requires that the employee, other than a special government employee, submit an email or other form of written correspondence to his or her supervisor to request approval. The employee must submit the name of his or her outside employer, the title of the outside position, the nature of the work to be performed, and the estimated duration of the outside employment. The employee may provide additional information addressing any potential conflicts of interest. This paragraph also requires that if there is a significant change in either outside employment or in the employee's official position at NCUA, the employee must submit a revised request for approval. What standard will be applied to requests for approval? Paragraph

(c)states that 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. This involves a conflict of interest analysis (including appearance issues) as well as a review of the additional prohibitions in the Standards addressing outside employment. *See* 5 CFR 2635.801 et seq. For example, the Standards address service as an expert witness, limit the outside income of noncareer employees, and impose limitations on teaching, speaking and writing. *See* 5 CFR 2635.804, 805 and 807. There are also provisions in the United States criminal code addressing special approval for certain representational activities. *See* 18 U.S.C. 203(d) and 205(e). These provisions are addressed in a note to the rule. The requirement for the DAEO's concurrence with the supervisor's approval will assure that all provisions of the ethics laws are addressed in the approval process. Section 9601.105 DAEO Responsibilities What are the DAEO's responsibilities under this new rule? Pursuant to delegated authority, the DAEO will issue an Instruction setting forth specific procedures to be followed concerning this new regulation prior to its effective date. As noted above, the effective date is the date of publication in the **Federal Register** . Future Instructions may exempt categories of employment from prior approval as well as set forth examples of outside employment that are permissible or impermissible under the rule, including examples of organizations or entities similar to credit unions, credit union trade groups, and credit union service organizations (other credit union-related entities). III. Direct Final Rule Pursuant to the Administrative Procedure Act, 5 U.S.C. 553, notice and public comment are not required because this rule concerns matters of agency organization, practice and procedure. In addition, the Board finds good cause exists for waiving the general notice of proposed rulemaking and opportunity for public comment because the rule primarily affects agency employees. The Board is issuing this rule as a final rule that is effective upon publication. *See* 5 U.S.C. 553(a)(2), (b)(3)(A) and (B), and (d)(3). IV. Regulatory Procedures Regulatory Flexibility Act The Regulatory Flexibility Act requires NCUA to prepare an analysis to describe any significant economic impact a rule may have on a substantial number of small credit unions, defined as those under ten million dollars. This interim final rule will not have a significant economic impact on a substantial number of small credit unions as it primarily affects NCUA employees. Paperwork Reduction Act NCUA has determined that the final rule will not increase paperwork requirements under the Paperwork Reduction Act of 1995 and regulations of the Office of Management and Budget. 44 U.S.C. 3501 et seq.; 5 CFR part 1320. Executive Order 13132 Executive Order 13132 encourages independent regulatory agencies to consider the impact of their actions on state and local interests. In adherence with fundamental federalism principles, NCUA, an independent regulatory agency as defined in 44 U.S.C. 5302(5), voluntarily complies with the executive order. The final rule will not have substantial direct effects on the states, on the connection between the national government and the states, or on the distribution of power and responsibilities among the various levels of government. NCUA has determined that this rule does not constitute a policy that has federalism implications for purposes of the executive order. The Treasury and General Government Appropriations Act, 1999—Assessment of Federal Regulations and Policies on Families The NCUA has determined that this final rule will not affect family well-being within the meaning of section 654 of the Treasury and General Government Appropriations Act, 1999, Public Law 105-277, 112 Stat. 2681 (1998). Small Business Regulatory Enforcement Fairness Act The Small Business Regulatory Enforcement Fairness Act of 1996, Public Law 104-212 (SBREFA)), provides generally for congressional review of agency rules. A reporting requirement is triggered in instances where NCUA issues a final rule as defined by Section 551 of the APA. 5 U.S.C. 551. NCUA has requested a SBREFA determination from the Office of Management and Budget, which is pending. As required by SBREFA, NCUA will file the appropriate reports with Congress and the General Accountability Office so that the rule may be reviewed. List of Subjects in 5 CFR Part 9601 Conflict of interests, Government employees. Dated: February 21, 2013. Mary Rupp, Secretary of the Board. Approved: April 1, 2013. Walter M. Shaub, Jr. Director, Office of Government Ethics. Accordingly, for the reasons set forth in the preamble, the National Credit Union Administration Board, with the concurrence of the Office of Government Ethics, is amending title 5 of the Code of Federal Regulations by adding a new chapter LXXXVI, consisting of part 9601, to read as follows: TITLE 5—Administrative Personnel CHAPTER LXXXVI—NATIONAL CREDIT UNION ADMINISTRATION PART 9601—SUPPLEMENTAL STANDARDS OF ETHICAL CONDUCT FOR EMPLOYEES OF THE NATIONAL CREDIT UNION ADMINISTRATION Sec. 9601.101 General. 9601.102 Definitions. 9601.103 Prohibited outside employment. 9601.104 Prior approval for outside employment. 9601.105 DAEO's responsibilities. Authority: 12 U.S.C. 1752a(d), 1766; 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, 5 CFR 2635.403, 5 CFR 2635.502 and 5 CFR 2635.803 § 9601.101 General

(a)*Purpose.* In accordance with 5 CFR 2635.105, the regulations in this part apply to employees of the National Credit Union Administration (NCUA), other than special government employees as defined in 5 CFR 2635.102(l) and supplement the Standards of Ethical Conduct for Employees of the Executive Branch contained in 5 CFR part 2635 (Office of Government Ethics

(OGE)Standards).

(b)*Other regulations, guidance and procedures.* In addition to 5 CFR part 2635 and this part, NCUA employees are required to comply with implementing guidance and procedures issued by the NCUA in accordance with 5 CFR 2635.105(c). NCUA employees are also subject to other government-wide ethics regulations including, but not limited to: Regulations concerning financial disclosure contained in 5 CFR part 2634, regulations concerning executive branch financial interests and conflicts contained in 5 CFR part 2640, and regulations concerning post-employment restrictions contained in 5 CFR part 2641. Certain senior NCUA examiners are also subject to post-employment restrictions contained in NCUA's Regulation found at 12 CFR part 796. Employees should contact an NCUA ethics official if they have questions about any provision of this regulation or other ethics-related matters. § 9601.102 Definitions. The following definitions apply to this part:

(a)Employment.

(1)For purposes of this section, “employment” means any form of non-Federal employment, business relationship, or activity involving the provision of personal services by the employee, 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 a writing when done under an arrangement with another person for production or publication of the written product.

(2)The definition of employment 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; or

(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). Note to paragraph (a): 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 of this section. *(b) Credit union-related entities.*

(1)Credit union includes insured and non-insured credit unions as defined in Section 102(7) of the Federal Credit Union Act (the Act), 12 U.S.C. 1752(7).

(2)Credit union service organization as defined in § 741.222(a) of the NCUA Regulations, 12 CFR 741.222(a).

(3)Credit union trade groups include credit union trade organizations whose membership is comprised of credit union, CUSO, state credit union regulators, state credit union organizations, and officials and employees of such organizations.

(4)Other credit union-related entities may be defined pursuant to Agency Instruction. § 9601.103 Prohibited outside employment. No employee may engage in outside employment, with or without compensation, with any credit union, credit union trade group, credit union service organization, or other credit union-related entity, in any capacity. § 9601.104 Prior approval for outside employment. *(a) General requirement.*

(1)Before engaging in any outside employment, with or without compensation, other than prohibited employment in section 103 of the Act, an NCUA employee, 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), except to the extent that the DAEO has issued an instruction pursuant to section 105 of the Act exempting an activity or class of activities from this requirement.

(2)Any employee, other than a special government employee, who, before the effective date of this part or commencement of employment with NCUA, began engaging in outside employment must, within 30 calendar days of the effective date of this part or 30 days of commencement of employment with NCUA, either terminate such employment if it is in violation of section 103 of the Act or request written approval from his or her supervisor and the concurrence of the DAEO in accordance with this section. The employee may continue engaging in the outside employment while the request for approval is under review. *(b) Procedure for requesting approval.*

(1)Employees shall request the approval required by paragraph

(a)of this section by email or other form of written correspondence in advance of engaging in outside employment as defined in section 102 of the Act. The employee requesting approval shall submit the request to his/her supervisor.

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

(i)The name of the employer or organization;

(ii)The nature of the 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 with the NCUA, the employee must, within 7 calendar days of the change, submit a revised request for approval. *(c) 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. § 9601.105 DAEO's responsibilities. The NCUA DAEO may issue Instructions governing the submission of requests for approval of outside employment. The Instructions may exempt categories of employment from 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 may include in these Instructions examples of outside employment that are permissible or impermissible consistent with this part and 5 CFR part 2635, including examples of other credit union-related entities. [FR Doc. 2013-08086 Filed 4-16-13; 8:45 am]

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