Unknown. Final rule

2,540 words·~12 min read·/register/2021/06/04/2021-11720

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-2021-06-04.xml --- 86 106 Friday, June 4, 2021 Contents Agriculture Agriculture Department See Forest Service See The U.S. Codex Office Centers Disease Centers for Disease Control and Prevention NOTICES Meetings: Board of Scientific Counselors, National Center for Injury Prevention and Control, 30048-30049 2021-11771 National Firefighter Registry Subcommittee, 30047-30048 2021-11772 Centers Medicare Centers for Medicare & Medicaid Services NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 30049-30050 2021-11774 Children Children and Families Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Head Start REACH: Strengthening Outreach, Recruitment, and Engagement Approaches with Families, 30050-30051 2021-11777 Civil Rights Civil Rights Commission NOTICES Meetings: New York Advisory Committee, 29997-29998 2021-11713 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, 30034-30036 2021-11749 2021-11750 Community Living Administration Community Living Administration NOTICES Single-Source Supplements: Current Senior Medicare Patrol State Grantees, 30051-30053 2021-11779 Disability Disability Employment Policy Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Research to Support the Partnership on Inclusive Apprenticeship, 30069-30070 2021-11745 Energy Department Energy Department See Federal Energy Regulatory Commission RULES Procedures for the Issuance of Guidance Documents;

Withdrawal, 29932-29937 2021-11753 PROPOSED RULES Energy Conservation Program: Energy Conservation Standards for Consumer Products/Certain Commercial and Industrial Equipment; Early Assessment Review; Ceiling Fan Light Kits, 29954-29964 2021-11583 Energy Conservation Standards for Consumer Products; Early Assessment Review; Dehumidifiers, 29964-29967 2021-11253 Environmental Protection Environmental Protection Agency RULES Air Quality State Implementation Plans; Approvals and Promulgations:

Florida; Maintenance Plan Update for the Hillsborough County Lead Area, 29949-29951 2021-11541 Revised Cross-State Air Pollution Rule Update for the 2008 Ozone NAAQS; Correction, 29948-29949 2021-11740 NOTICES Environmental Impact Statements; Availability, etc., 30040 2021-11736 Privacy Act; Systems of Records, 30040-30047 2021-11756 2021-11757 Federal Aviation Federal Aviation Administration RULES Airspace Designations and Reporting Points: Vicinity of Santa Rosa, CA, 29946-29948 2021-11651 Airworthiness Directives:

Airbus SAS Airplanes, 29942-29946 2021-11725 2021-11726 De Havilland Aircraft of Canada Limited (Type Certificate Previously Held by Bombardier, Inc.) Airplanes, 29939-29942 2021-11674 PROPOSED RULES Airspace Designations and Reporting Points: Harrisburg International Airport, PA; Meeting, 29969 2021-11654 Kodiak, AK, 29967-29969 2021-11668 NOTICES Petition for Exemption; Summary: MIL2ATP, Inc., 30075 2021-11744 Federal Communications Federal Communications Commission RULES Call Authentication Trust Anchor, 29952-29953 2021-11682 PROPOSED RULES Video Relay Service Compensation, 29969-29975 2021-11681 Federal Emergency Federal Emergency Management Agency NOTICES Meetings:

Implement Pandemic Response Voluntary Agreement under the Defense Production Act, 30063-30064 2021-11786 Federal Energy Federal Energy Regulatory Commission NOTICES Application: Alabama Power Co., 30037-30038 2021-11778 Combined Filings, 30036, 30038-30040 2021-11747 2021-11748 Late Intervention Denial: WBI Energy Transmission, Inc., 30038 2021-11781 Meetings: Increasing Market and Planning Efficiency through Improved Software; Technical Conference, 30036-30037 2021-11780 Federal Reserve Federal Reserve System RULES Reserve Requirements of Depository Institutions;

Regulation D, 29937-29939 2021-11758 Federal Transit Federal Transit Administration NOTICES Environmental Impact Statements; Availability, etc.: Port Authority Bus Terminal Replacement Project, City of New York, New York County, NY, 30075-30078 2021-11729 Fish Fish and Wildlife Service PROPOSED RULES Endangered and Threatened Species: Finding on a Petition to List the Tiehm's Buckwheat as Threatened or Endangered, 29975-29977 2021-11700 Food and Drug Food and Drug Administration NOTICES Guidance:

Definitions of Suspect Product and Illegitimate Product for Verification Obligations Under the Drug Supply Chain Security Act, 30056-30058 2021-11735 Drug Supply Chain Security Act Implementation: Identification of Suspect Product and Notification, 30054-30056 2021-11732 Enhanced Drug Distribution Security at the Package Level under the Drug Supply Chain Security Act, 30053-30054 2021-11734 Product Identifiers Under the Drug Supply Chain Security Act: Questions and Answers, 30058-30059 2021-11733 Foreign Trade Foreign-Trade Zones Board NOTICES Authorization of Production Activity:

Bauer Manufacturing, LLC, Foreign-Trade Zone 265, Conroe, TX, 29998 2021-11746 Forest Forest Service NOTICES Guidance: Forest Service Handbook; Title Claims, Sales, and Grants Handbook; Sales, 29997 2021-11731 Forest Service Manual 1800, Chapter 20, 29996 2021-11730 Health and Human Health and Human Services Department See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services See Children and Families Administration See Community Living Administration See Food and Drug Administration See National Institutes of Health NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 30059-30060 2021-11723 Homeland Homeland Security Department See Federal Emergency Management Agency See Transportation Security Administration Interior Interior Department See Fish and Wildlife Service See Land Management Bureau See Ocean Energy Management Bureau International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Certain Uncoated Paper from Brazil, 30000-30002 2021-11787 Certain Uncoated Paper from Portugal, 30002-30004 2021-11789 Prestressed Concrete Steel Wire Strand from Indonesia, Italy, Malaysia, South Africa, Spain, Tunisia, and Ukraine, 29998-30000 2021-11760 Labor Department Labor Department See Disability Employment Policy Office See Occupational Safety and Health Administration Land Land Management Bureau NOTICES Environmental Impact Statements;

Availability, etc.: SunZia Southwest Transmission Project, New Mexico, 30066-30068 2021-11788 National Institute National Institute of Standards and Technology NOTICES Meetings: Judges Panel of the Malcolm Baldrige National Quality Award, 30004 2021-11743 National Institute National Institutes of Health NOTICES Meetings: Center for Scientific Review, 30061-30062 2021-11738 2021-11782 Diabetes Mellitus Interagency Coordinating Committee, 30062 2021-11728 National Cancer Institute, 30062-30063 2021-11783 2021-11784 National Institute of Allergy and Infectious Diseases, 30060 2021-11711 National Institute on Alcohol Abuse and Alcoholism, 30060-30061 2021-11785 National Oceanic National Oceanic and Atmospheric Administration PROPOSED RULES Fisheries of the Exclusive Economic Zone off Alaska:

Cook Inlet Salmon; Amendment 14, 29977-29986 2021-11716 Takes of Marine Mammals Incidental to Specified Activities: Northeast Fisheries Science Center Fisheries and Ecosystem Research, 30080-30129 2021-11188 NOTICES Environmental Impact Statements; Availability, etc.: Monterey Bay Regional Water Project Desalination Facility; Withdrawal, 30034 2021-11714 Meetings: Schedules for Atlantic Shark Identification Workshops and Protected Species Safe Handling, Release, and Identification Workshops, 30005-30006 2021-11712 Takes of Marine Mammals Incidental to Specified Activities:

Geophysical Survey of the Queen Charlotte Fault, 30006-30034 2021-11718 Occupational Safety Health Adm Occupational Safety and Health Administration NOTICES Meetings: National Advisory Committee on Occupational Safety and Health, 30070-30071 2021-11550 Ocean Energy Management Ocean Energy Management Bureau NOTICES Environmental Impact Statements; Availability, etc.: Revolution Wind LLC's Proposed Wind Energy Facility Offshore Rhode Island; Reopening of Comment Period and Corrections, 30068-30069 2021-11727 Office Special Office of the Special Counsel RULES Supplemental Standards of Ethical Conduct for Employees, 29931-29932 2021-11720 Postal Regulatory Postal Regulatory Commission NOTICES Order:

Price Adjustments and Classification Changes for Market Dominant Products, 30071-30072 2021-11776 Presidential Documents Presidential Documents PROCLAMATIONS Special Observances: Day of Remembrance: 100 Years After the 1921 Tulsa Race Massacre (Proc. 10219), 29929-29930 2021-11874 Securities Securities and Exchange Commission NOTICES Applications: Deregistration under the Investment Company Act, 30072-30073 2021-11715 Small Business Small Business Administration NOTICES Disaster Declaration:

Texas, 30073 2021-11739 Major Disaster Declaration: Georgia; Amendment No. 1; Public Assistance Only, 30073-30074 2021-11741 Kentucky, 30073 2021-11742 State Department State Department NOTICES Culturally Significant Objects Imported for Exhibition: Monet at Etretat Exhibition, 30074 2021-11790 Statutory Debarment under the Arms Export Control Act and the International Traffic in Arms Regulations: Bureau of Political-Military Affairs, 30074-30075 2021-11737 Codex The U.S. Codex Office NOTICES International Standard-Setting Activities, 29987-29996 2021-11719 Transportation Department Transportation Department See Federal Aviation Administration See Federal Transit Administration Security Transportation Security Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Baseline Assessment for Security Enhancement Program, 30065-30066 2021-11751 Department of Homeland Security Traveler Redress Inquiry Program, 30064-30065 2021-11770 Separate Parts In This Issue Part II Commerce Department, National Oceanic and Atmospheric Administration, 30080-30129 2021-11188 Reader Aids Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, and notice of recently enacted public laws.

To subscribe to the Federal Register Table of Contents electronic mailing list, go to https://public.govdelivery.com/accounts/USGPOOFR/subscriber/new, enter your e-mail address, then follow the instructions to join, leave, or manage your subscription. 86 106 Friday, June 4, 2021 Rules and Regulations OFFICE OF SPECIAL COUNSEL 5 CFR Chapter CII RIN 3209-AA53 Supplemental Standards of Ethical Conduct for Employees of the U.S. Office of Special Counsel AGENCY: U.S. Office of Special Counsel (OSC).

ACTION: Final rule. SUMMARY: The U.S. Office of Special Counsel, with the concurrence of the U.S. Office of Government Ethics (OGE), is finalizing a regulation for OSC employees that supplements the executive branch Standards of Ethical Conduct issued by OGE. The supplemental regulation requires OSC employees to seek prior approval before engaging in outside employment or activity. DATES: This final rule is effective June 4, 2021. FOR FURTHER INFORMATION CONTACT: Heidi R. Morrison, Alternate Designated Agency Ethics Official, U.S.

Office of Special Counsel, by email at *frliaison@osc.gov* or by telephone at

(202)804-7000. SUPPLEMENTARY INFORMATION: I. Background On July 24, 2020, OSC, with OGE's concurrence, published a proposed rule in the **Federal Register** , 85 FR 44789, proposing to adopt agency specific supplemental regulations requiring OSC employees to obtain prior approval before engaging in outside employment or activity. The proposed rule provided a 30-day comment period, which ended on August 24, 2020. During the comment period OSC received one comment from a member of the public. II. Analysis of Comment Received The comment received strongly supported robust regulations requiring OSC employees be held “to the highest ethical standards,” but did not otherwise address the substance of or suggest changes to the proposed rule. Therefore, for the reasons detailed in the preamble of the proposed rule, OSC, with the concurrence of OGE, is issuing this rule in final without changes. III. Matters of Regulatory Procedure Administrative Procedure Act

(APA)This action is taken under the Special Counsel's authority at 5 U.S.C. 1212(e) to publish regulations in the **Federal Register** . Executive Order 12866 and Executive Order 13771 This rule is not a significant rule for purposes of Executive Order 12866 and has not been reviewed by the Office of Management and Budget. This rule is not subject to the requirements of Executive Order 13771 because this rule results in no more than de minimis costs. Regulatory Flexibility Act

(RFA)As required by the RFA, OSC certifies that this regulation will not have a significant economic impact on a substantial number of small entities. National Environmental Policy Act

(NEPA)This rule will have no physical impact upon the environment and therefore will not require any further review under the NEPA. Congressional Review Act

(CRA)This rule relates to agency personnel and does not substantially affect the rights or obligations of non-agency parties. Therefore, it does not meet the definition of a “rule” at 5 U.S.C. 804 and is not subject to the procedures of the CRA. Paperwork Reduction Act

(PRA)OSC has determined that the PRA does not apply because this regulation does not contain any information collection requirements that require the approval of the Office of Management and Budget. List of Subjects in 5 CFR Part 10201 Conflict of interests, Government employees. Approved: May 27, 2021. Travis G. Millsaps, Deputy Special Counsel for Public Policy, U.S. Office of Special Counsel. Emory Rounds, Director, U.S. Office of Government Ethics. For the reasons set forth in the preamble, the U.S. Office of Special Counsel, with the concurrence of OGE, is amending title 5 of the Code of Federal Regulations by adding a new chapter CII, consisting of part 10201, to read as follows: Title 5—Administrative Personnel Chapter CII—U.S. Office of Special Counsel PART 10201—SUPPLEMENTAL STANDARDS OF ETHICAL CONDUCT FOR EMPLOYEES OF THE U.S. OFFICE OF SPECIAL COUNSEL Sec. 10201.101 General. 10201.102 Prior approval for outside employment or activity. Authority: 5 U.S.C. 1212(e); 5 U.S.C. 7301; 5 U.S.C. App. (Ethics in Government Act of 1978); E.O. 12674, 54 FR 15159, 3 CFR, 1989 Comp., p. 215, as modified by E.O. 12731, 55 FR 42547, 3 CFR, 1990 Comp., p. 306; 5 CFR 2635.105, 2635.803. § 10201.101 General.

(a)*Purpose.* In accordance with 5 CFR 2635.105, the regulations in this part apply to employees of the U.S. Office of Special Counsel

(OSC)and supplement the Standards of Ethical Conduct for Employees of the Executive Branch at 5 CFR part 2635.

(b)*Other regulations, guidance, and procedures.* In addition to the standards in 5 CFR part 2635 and this part, all OSC employees are required to comply with implementing guidance and procedures issued by OSC in accordance with 5 CFR 2635.105(c). OSC employees are also subject to all other government-wide regulations concerning executive branch ethics including without limitation, financial disclosure regulations contained in 5 CFR part 2634, regulations concerning financial interests contained in 5 CFR part 2640, post-employment conflict of interest restrictions contained in 5 CFR part 2641, outside earned income limitations and employment and affiliation restrictions applicable to certain noncareer employees contained in 5 CFR part 2636, and the regulations concerning executive branch employee responsibilities and conduct contained in 5 CFR part 735. § 10201.102 Prior approval for outside employment or activity.

(a)*General requirement.* Before engaging in any outside employment or activity, whether or not for compensation, an OSC employee must obtain written approval from the Designated Agency Ethics Official

(DAEO)or the Alternate Designated Agency Ethics Official (ADAEO), except to the extent that OSC has issued an internal instruction pursuant to paragraph

(d)of this section exempting certain employment or activities from this requirement. *Note 1 to paragraph (a).* 18 U.S.C. 203(d) and 205(e) require special approval for certain representational activities in claims against the Federal Government and other matters affecting the interests of the government.

(b)*Definition of* “ *outside employment or activity”.* For purposes of this section, “outside employment or activity” means any form of non-Federal employment or business relationship involving the provision of services by the employee, whether for compensation or not for compensation. It includes, but is not limited to, serving as an officer, director, employee, agent, attorney, consultant, contractor, general partner, trustee, or teacher. 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 such activities involve the provision of professional services or advice, or are for compensation other than reimbursement of expenses. *Note 2 to paragraph (b).* Employees who wish to engage in compensated speaking or writing in a personal capacity are subject to, among other things, the provisions of 5 CFR 2635.703 (concerning use of nonpublic information) and 5 CFR 2635.807 (concerning receipt of compensation for teaching, speaking, and writing related to one's duties), and are encouraged to seek guidance from an agency ethics official before engaging in such activities. Certain covered non-career employees are also subject to further restrictions on receipt of outside compensation pursuant to section 502 of the Ethics in Government Act (5 U.S.C. app.). In addition, OSC attorneys should consult their applicable state bar rules of professional conduct.

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

(d)*Implementation guidance.* The DAEO or ADAEO may issue internal instructions governing the submission of requests for approval of outside employment or activity. The instructions may exempt categories of employment or activities from the prior approval requirement of this section based on a determination that those categories generally would be approved and are not likely to involve prohibited conduct or create an appearance of lack of impartiality. [FR Doc. 2021-11720 Filed 6-3-21; 8:45 am]

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