Unknown. Final rule

4,101 words·~19 min read·/register/2023/12/08/2023-26950

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-2023-12-08.xml --- 88 235 Friday, December 8, 2023 Contents Agricultural Marketing Agricultural Marketing Service PROPOSED RULES Sweet Cherries Grown in Designated Counties in Washington: Continuance Referendum, 85519 2023-26964 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 85578-85579 2023-26978 Agriculture Agriculture Department See Agricultural Marketing Service See Animal and Plant Health Inspection Service See Food and Nutrition Service See Forest Service See Rural Housing Service NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 85579 2023-26932 Animal Animal and Plant Health Inspection Service RULES Designation as a Commercial Citrus-Producing Area: Alabama; Citrus Canker, 85469-85470 2023-27034 Fiscal Bureau of the Fiscal Service NOTICES Application and Renewal Fees Imposed on Surety Companies and Reinsuring Companies; Increase, 85730-85731 2023-26995 Census Bureau Census Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals:

Current Population Survey, Fertility Supplement, 85583-85584 2023-26959 Quarterly Services Survey, 85584-85585 2023-26968 Quarterly Summary of State and Local Government Tax Revenues, 85582-85583 2023-26980 Centers Medicare Centers for Medicare & Medicaid Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 85622-85625 2023-27033 2023-27035 2023-26927 Coast Guard Coast Guard RULES Drawbridge Operations: Atlantic Intracoastal Waterway, Addison Point, FL, 85498-85499 2023-26986 Safety Zone:

Lahaina Boat Basin, Maui, HI—Emergency Operations and Port, 85500-85502 2023-26808 Special Local Regulation: Lake Havasu, Lake Havasu City, AZ, 85496-85498 2023-27038 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 85647-85648 2023-26957 Commerce Commerce Department See Census Bureau See First Responder Network Authority See Industry and Security Bureau See International Trade Administration See National Institute of Standards and Technology See National Oceanic and Atmospheric Administration See National Telecommunications and Information Administration Committee for Purchase Committee for Purchase From People Who Are Blind or Severely Disabled NOTICES Hearings, Meetings, Proceedings etc.:

Quarterly Public Meeting, 85607 2023-27023 Procurement List; Additions and Deletions, 85606-85607 2023-27009 Commodity Futures Commodity Futures Trading Commission NOTICES Meetings; Sunshine Act, 85607 2023-27124 Consumer Product Consumer Product Safety Commission PROPOSED RULES Certificates of Compliance, 85760-85791 2023-25911 Education Department Education Department RULES Fulbright-Hays Doctoral Dissertation Research Abroad Fellowship Program and Faculty Research Abroad Fellowship Program, 85502-85508 2023-26991 Employment and Training Employment and Training Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Registration and Equal Employment Opportunity in Apprenticeship Programs, 85654-85655 2023-26920 Workforce Innovation and Opportunity Act Joint Quarterly Narrative Performance Report, 85655-85656 2023-26919 Energy Department Energy Department See Federal Energy Regulatory Commission See Western Area Power Administration Environmental Protection Environmental Protection Agency RULES Air Quality State Implementation Plans; Approvals and Promulgations:

Colorado; Reasonably Available Control Technology Elements for the 2008 8-Hour Ozone Standard for the Denver Metro/North Front Range Nonattainment Area; Disapproval, 85511-85513 2023-26949 PROPOSED RULES Water Quality Standards: Protect Human Health in Florida, 85530-85553 2023-26734 NOTICES Environmental Impact Statements; Availability, etc., 85618 2023-26965 Federal Aviation Federal Aviation Administration RULES Airspace Designations and Reporting Points: Mount Pleasant, MI, 85473-85474 2023-26862 Roseau, MN, 85472-85473 2023-26866 Policy:

Processing Land Use Changes on Federally Acquired or Federally Conveyed Airport Land, 85474-85479 2023-27017 PROPOSED RULES Airspace Designations and Reporting Points: Green River Municipal Airport, Green River, UT, 85523-85525 2023-26798 Northcentral United States, 85519-85523 2023-26801 NOTICES Policy on the Definition of Aeronautical Activities, 85719-85721 2023-27008 Federal Communications Federal Communications Commission RULES Protecting Consumers from Subscriber Identity Module-Swap and Port-Out Fraud, 85794-85815 2023-26338 Review of International Authorizations to Assess Evolving National Security, Law Enforcement, Foreign Policy, and Trade Policy Risks;

Amendment of the Schedule of Application Fees, 85514-85517 2023-26981 PROPOSED RULES Expediting Initial Processing of Satellite and Earth Station Applications, 85553-85561 2023-26700 Federal Energy Federal Energy Regulatory Commission NOTICES Combined Filings, 85607-85611 2023-26971 2023-26975 Filing: City of Anaheim, CA, 85610 2023-26973 City of Banning, CA, 85611 2023-26972 City of Riverside, CA, 85609 2023-26974 Institution of Section 206 Proceeding and Refund Effective Date:

Sandy Ridge Wind 2, LLC, 85609-85610 2023-26976 Federal Highway Federal Highway Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 85721 2023-26929 Federal Mediation Federal Mediation and Conciliation Service RULES Supplemental Standards of Ethical Conduct for Employees, 85467-85469 2023-26950 Federal Railroad Federal Railroad Administration PROPOSED RULES Freight Car Safety Standards Implementing the Infrastructure Investment and Jobs Act, 85561-85577 2023-26133 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 85721-85722 2023-26956 Request to Amend Positive Train Control System: New Mexico Rail Runner Express, 85722-85723 2023-27002 Federal Reserve Federal Reserve System NOTICES Change in Bank Control: Acquisitions of Shares of a Bank or Bank Holding Company, 85619 2023-27030 Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 85618-85619 2023-27031 Federal Retirement Federal Retirement Thrift Investment Board NOTICES Hearings, Meetings, Proceedings etc., 85619 2023-26969 Federal Trade Federal Trade Commission RULES Care Labeling Rule, 85495-85496 2023-26966 PROPOSED RULES Negative Option Rule, 85525-85529 2023-26946 NOTICES Analysis of Proposed Consent Order to Aid Public Comment:

ExotoUSA LLC—Old Southern Brass, 85619-85621 2023-26945 FIRSTNET First Responder Network Authority NOTICES Hearings, Meetings, Proceedings etc.: Public Combined Board and Board Committees Meeting, 85585-85586 2023-27032 Fish Fish and Wildlife Service NOTICES Permits; Applications, Issuances, etc.: Endangered and Threatened Species, 85650-85651 2023-26970 Incidental Take and Proposed Habitat Conservation Plans; Lake, Volusia, and Orange Counties, FL, 85649-85650 2023-26977 Food and Drug Food and Drug Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Food Allergen Labeling and Reporting, 85640-85642 2023-27018 Time and Extent Applications for Nonprescription Drug Products, 85642-85643 2023-26985 Patent Extension Regulatory Review Period: Exkivity, 85629-85630 2023-27004 Fotivda, 85630-85632 2023-26997 Nextellis, 85632-85633 2023-26988 Nuzyra Tablets, 85643-85645 2023-26989 Pemazyre, 85627-85628 2023-26996 Seysara, 85635-85636 2023-27003 Tivdak, 85625-85627 2023-26992 Viltepso, 85638-85639 2023-27013 Vizimpro, 85645-85646 2023-27012 Zynlonta, 85633-85635 2023-26982 Withdrawal of Approval of Drug Application:

Bayer HealthCare Pharmaceuticals Inc., et al.; Cipro (Ciprofloxacin Hydrochloride) Oral Tablet, Equivalent to 100 Milligrams Base, and Five Generic Ciprofloxacin Hydrochloride, Oral Tablet, Equivalent to 100 Milligrams Base Drug Products, 85636-85638 2023-27015 Dr. Reddy's Laboratories, Inc.; Correction, 85628-85629 2023-26994 Food and Nutrition Food and Nutrition Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Supplemental Nutrition Assistance Program Education Connection Resource Sharing Form, 85579-85581 2023-26962 Foreign Assets Foreign Assets Control Office NOTICES Sanctions Action, 85731 2023-27016 Forest Forest Service NOTICES Record of Decision:

Tonto National Forest, 85581-85582 2023-26961 General Services General Services Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Data Collection for a National Evaluation of the American Rescue Plan, 85621-85622 2023-27007 Health and Human Health and Human Services Department See Centers for Medicare & Medicaid Services See Food and Drug Administration See National Institutes of Health Homeland Homeland Security Department See Coast Guard Housing Housing and Urban Development Department PROPOSED RULES Removing Criminal Conviction Restrictions for Testers in FHIP- and FHAP-Funded Testing Programs, 85529-85530 2023-27025 NOTICES Housing Opportunity Through Modernization Act:

Implementation of Sections 102, 103, and 104; Extension of Compliance Date, 85648-85649 2023-27026 Industry Industry and Security Bureau RULES Allied Governments Favorable Treatment: Revisions to Certain Australia Group Controls; Revisions to Certain Crime Control and Detection Controls, 85479-85487 2023-26532 Export Administration Regulations Based on 2018, 2019, and 2021 Missile Technology Control Regime Plenary Agreements; License Exception Eligibility, 85487-85495 2023-26682 PROPOSED RULES Enhancements and Simplification of License Exception Strategic Trade Authorization, 85734-85758 2023-26681 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Additional Protocol to the U.S.-International Atomic Energy Agency Safeguards, 85586 2023-27020 Simple Network Application Process and Multipurpose Application Form, 85586-85587 2023-27010 Interior Interior Department See Fish and Wildlife Service See National Park Service Internal Revenue Internal Revenue Service NOTICES Hearings, Meetings, Proceedings etc.: Electronic Tax Administration Advisory Committee, 85731 2023-26941 International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews:

Certain Corrosion-Resistant Steel Products from Taiwan, 85587-85589 2023-26998 Circular Welded Carbon Steel Standard Pipe and Tube Products from Turkey, 85592-85593 2023-26937 Diffusion-Annealed, Nickel-Plated Flat-Rolled Steel Products from Japan, 85590-85592 2023-26936 Silicomanganese from India, 85589-85590 2023-26938 Justice Department Justice Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Application/Permit for Temporary Importation of Firearms and Ammunition by Nonimmigrant Aliens, 85652-85653 2023-26918 Release and Receipt of Imported Firearms, Ammunition, and Defense Articles, 85653 2023-26917 Proposed Consent Decree:

Clean Air Act, 85654 2023-26944 Labor Department Labor Department See Employment and Training Administration See Labor Statistics Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Pathway Home Grant Program Evaluation, 85657 2023-26922 Rehabilitation Plan and Award, 85656-85657 2023-26921 Labor Statistics Labor Statistics Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 85657-85659 2023-26925 2023-26926 National Archives National Archives and Records Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 85659-85660 2023-26993 National Highway National Highway Traffic Safety Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Crash Injury Research and Engineering Network Data Collection, 85725-85728 2023-27006 Petition for Decision of Inconsequential Noncompliance: Ford Motor Co., 85723-85725 2023-26960 National Institute National Institute of Standards and Technology NOTICES Draft Interagency Guidance Framework for Considering the Exercise of March-In Rights, 85593-85605 2023-26930 National Institute National Institutes of Health NOTICES Hearings, Meetings, Proceedings etc.:

Center for Scientific Review, 85646-85647 2023-26942 National Institute on Deafness and Other Communication Disorders, 85646 2023-26943 National Oceanic National Oceanic and Atmospheric Administration RULES Atlantic Highly Migratory Species: Atlantic Bluefin Tuna Fisheries; Closure of the General Category December Fishery for 2023, 85517-85518 2023-26933 NOTICES Hearings, Meetings, Proceedings etc.: Pacific Fishery Management Council, 85606 2023-26916 Pacific Island Fisheries:

Marine Conservation Plan for the Pacific Insular Area for the Commonwealth of the Northern Mariana Islands; Western Pacific Sustainable Fisheries Fund, 85605-85606 2023-27014 National Park National Park Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Visitor Impacts and Experiences Related to Wildlife in Yellowstone National Park, 85651-85652 2023-26939 National Science National Science Foundation NOTICES Privacy Act; Systems of Records, 85660-85664 2023-27027 Request for Information:

Public Access Plan 2.0: Ensuring Open, Immediate, and Equitable Access to National Science Foundation Funded Research; Correction, 85664-85666 2023-26940 National Telecommunications National Telecommunications and Information Administration NOTICES Hearings, Meetings, Proceedings etc.: Public Combined Board and Board Committees Meeting, 85585-85586 2023-27032 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Atomic Safety and Licensing Board: Energy Harbor Nuclear Corp., 85666 2023-26947 Confirmatory Order;

ProTechnics Division of Core Laboratories LP, 85669-85674 2023-26951 Licenses; Exemptions, Applications, Amendments etc.: General Electric Co., GE-Hitachi Nuclear Energy Americas, LLC, and Global Nuclear Fuel-Americas, LLC, 85674-85676 2023-27005 Meetings; Sunshine Act, 85669 2023-27097 Order: Magnus Quitmeyer, 85666-85669 2023-26952 Personnel Personnel Management Office RULES General Schedule Locality Pay Areas, 85467 C1--2023--25153 Pipeline Pipeline and Hazardous Materials Safety Administration NOTICES Pipeline Safety:

Random Drug Testing Rate; Multi-Factor Authentication; and Operator and Contractor Management Information System Reporting, 85728-85729 2023-27037 Postal Regulatory Postal Regulatory Commission NOTICES New Postal Products, 85676-85677 2023-26931 Postal Service Postal Service RULES New Mailing Standards for Domestic Mailing Services Products, 85508-85511 2023-26923 Rural Housing Service Rural Housing Service RULES Single Family Housing Direct Loan Program: Community Land Trust Pilot, 85470-85472 2023-26654 Securities Securities and Exchange Commission NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 85677-85678 2023-26990 Self-Regulatory Organizations; Proposed Rule Changes: Financial Industry Regulatory Authority, Inc., 85678-85683 2023-26928 State Department State Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Medical Review Update, 85715 2023-27029 Statement of Exigent/Special Family Circumstances for Issuance of a U.S. Passport to a Child under Age 16, 85715-85716 2023-27021 Culturally Significant Objects Imported for Exhibition:

Joan Jonas: Good Night Good Morning, 85714-85715 2023-26987 Sanctions Action, 85683-85714 2023-26948 Surface Transportation Surface Transportation Board NOTICES Exemption: Abandonment; R. J. Corman Railroad Property, LLC; Campbell County, TN, 85716-85717 2023-26958 Discontinuance of Service; Katahdin Railcar Services LLC; Monroe County, OH, 85717 2023-26953 Temporary Overhead Trackage Rights; Pan Am Southern LLC, Boston and Maine Corp. and Springfield Terminal Railway Corp., 85717-85718 2023-27022 Trade Representative Trade Representative, Office of United States NOTICES Procurement Thresholds for Implementation of the Trade Agreements Act, 85718-85719 2023-27024 Transportation Department Transportation Department See Federal Aviation Administration See Federal Highway Administration See Federal Railroad Administration See National Highway Traffic Safety Administration See Pipeline and Hazardous Materials Safety Administration See Transportation Statistics Bureau Transportation Statistics Transportation Statistics Bureau NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Report of Passengers Denied Confirmed Space, 85729-85730 2023-26847 Treasury Treasury Department See Bureau of the Fiscal Service See Foreign Assets Control Office See Internal Revenue Service Western Western Area Power Administration NOTICES Rate Order: No. WAPA 209; Desert Southwest Region, 85611-85618 2023-26963 Separate Parts In This Issue Part II Commerce Department, Industry and Security Bureau, 85734-85758 2023-26681 Part III Consumer Product Safety Commission, 85760-85791 2023-25911 Part IV Federal Communications Commission, 85794-85815 2023-26338 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. 88 235 Friday, December 8, 2023 Rules and Regulations OFFICE OF PERSONNEL MANAGEMENT 5 CFR Part 531 [Docket ID: OPM-2023-0009] RIN 3206-AO58 General Schedule Locality Pay Areas Correction In Rule document 2023-25153, appearing on pages 78631 through 78636, in the issue of Thursday, November 16, 2023, make the following correction: § 531.603 Locality pay areas. [Corrected] On page 78636, in the first column, paragraph “(48)” is corrected to read as set forth below.

(48)Sacramento-Roseville, CA-NV—consisting of the Sacramento-Roseville, CA CSA and also including Alpine County, CA, Amador County, CA, Butte County, CA, Colusa County, CA, Sierra County, CA, Carson City, NV, and Douglas County, NV; [FR Doc. C1-2023-25153 Filed 12-6-23; 8:45 am] BILLING CODE 0099-01-D FEDERAL MEDIATION AND CONCILIATION SERVICE 5 CFR Chapter CIII RIN 3209-AA65 Supplemental Standards of Ethical Conduct for Employees of the Federal Mediation and Conciliation Service AGENCY: Federal Mediation and Conciliation Service. ACTION: Final rule. SUMMARY: The Federal Mediation and Conciliation Service (FMCS), with the concurrence of the Office of Government Ethics (OGE), is issuing this final rule for FMCS employees. This rule supplements the Standards of Ethical Conduct for Employees of the Executive Branch (OGE Standards) issued by OGE and is necessary because it addresses ethical issues unique to the FMCS. This rule sets forth prior approval requirements for certain outside employment and outside activities for all FMCS employees, other than special government employees. DATES: This rule is effective January 8, 2024. FOR FURTHER INFORMATION CONTACT: Anna Davis, Designated Agency Ethics Official (DAEO), General Counsel, Office of General Counsel, Federal Mediation and Conciliation Service, 250 E Street SW, Washington, DC 20427; Office/Fax/Mobile 202-606-3737; *register@fmcs.gov.* SUPPLEMENTARY INFORMATION: Background In July 2023, the FMCS issued a proposed rule to establish the Supplemental Standards of Ethical Conduct for Employees of the Federal Mediation and Conciliation Service (Supplemental Standards), which are to be codified in 5 CFR part 10300. 88 FR 45822 (July 18, 2023). The proposed rule provided a 30 day comment period, which ended on August 17, 2023. The FMCS did not receive any timely and responsive comments. The rationale for the proposed rule, which the FMCS is now adopting as final, is explained in the preamble at: *https://www.federalregister.gov/documents/2023/07/18/2023-15021/supplemental-standards-of-ethical-conduct-for-employees-of-the-federal-mediation-and-conciliation.* For those reasons, the FMCS is, with the concurrence of OGE, issuing the rule as final with no substantive changes. I. Analysis of the Regulations In accordance with 5 CFR 2635.803, the FMCS has determined it is necessary for the purpose of administering its ethics program to require its employees, other than special government employees, to obtain approval before engaging in certain outside employment and outside activities. The FMCS's mission is to promote labor-management peace and cooperation. The FMCS has a large and broad range of clients external to the Government. Given the volume of public and private sector clients, there is a greater likelihood that conflicts of interest, impartiality, or other concerns may arise that employees may not be aware of and therefore it is necessary for the FMCS to screen for such conflicts. The approval requirement will help to ensure that potential ethics conflicts of interest, impartiality, or other concerns are resolved before certain employees begin outside employment or outside activities. Requiring prior approval ensures the neutrality and integrity of the FMCS' services. Section 10300.101 General Paragraph

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

(b)notes that employees must comply with ethics guidance and procedures issued by the FMCS and should contact an FMCS ethics official if an ethics question arises. This paragraph also includes cross-references to other OGE ethics related regulations. 10300.102 Definitions This section defines terms and phrases used throughout this supplemental regulation. 10300.103 Prior Approval for Outside Employment and Outside Activities Paragraph

(a)sets forth that an employee of the FMCS, other than a special government employee, is required to seek prior written approval before engaging in certain outside employment and outside activities. Paragraph

(b)sets out the standards and procedures for requesting approval to engage in certain outside employment and outside activities. Paragraph

(c)sets forth the requirement for submitting a revised request when there is a significant change in the nature, duties or scope of the outside employment or activity or to the employee's official duties or responsibilities. Paragraph

(d)provides that the DAEO may issue agency wide-policies, handbooks, or other written guidance governing the submission of requests for approval of outside employment and activities, which may exempt categories of employment and activities from the prior approval requirement of this section based on a determination that employment or activities within those categories would generally be approved and is not likely to involve conduct prohibited by statute or Federal regulation, including 5 CFR part 2635. II. Matters of Regulatory Procedure Administrative Procedure Act Under 5 U.S.C. 553(a)(2), rules relating to agency management or personnel are exempt from the notice and comment rulemaking requirements of the Administrative Procedure Act (APA). In addition, under 5 U.S.C. 553(b)(3)(A), notice and comment rulemaking requirements do not apply to rules concerning matters of agency organization, procedure, or practice. Given that the rule concerns matters of agency management or personnel, and organization, procedure, or practice, the notice and comment requirements of the APA do not apply here. Nor is a public hearing required under 45 U.S.C. 160a. The public comment period on the proposed rule opened on July 18, 2023, the date of its publication in the **Federal Register** , and closed on August 17, 2023. During this period, the FMCS did not receive any comments on the proposed rule. Executive Order 12866 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. Regulatory Flexibility Act. The FMCS has determined under the Regulatory Flexibility Act, 5 U.S.C. chapter 6, that this final rule would not have a significant economic impact on a substantial number of small entities because it would primarily affect FMCS employees. Paperwork Reduction Act. The Paperwork Reduction Act, 44 U.S.C. chapter 35, does not apply to this final rule because it does not contain any information collection requirements that would require the approval of the Office of Management and Budget. Congressional Review Act The FMCS has determined that this final rule does not meet the definition of a rule, as defined by the Congressional Review Act, 5 U.S.C. chapter 8, and thus does not require review by Congress. List of Subjects in 5 CFR Part 10300 Conflicts of interests, Government employees. For the reasons set forth in the preamble, the FMCS, with the concurrence of OGE, amends title 5 of the Code of Federal Regulations by adding a new chapter CIII, consisting of part 10300, to read as follows: Title 5—Administrative Personnel CHAPTER CIII—FEDERAL MEDIATION AND CONCILIATION SERVICE PART 10300—SUPPLEMENTAL STANDARDS OF ETHICAL CONDUCT FOR EMPLOYEES OF THE FEDERAL MEDIATION AND CONCILIATION SERVICE Sec. 10300.101 General. 10300.102 Definitions. 10300.103 Prior approval for outside employment and outside activities. Authority: 5 U.S.C. 7301, 7353; 5 U.S.C. Ch. 131 (Ethics in Government Act of 1978); 29 U.S.C. 172; 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 2635.402(c), 5 CFR 2635.403(a), 5 CFR 2635.502, 5 CFR 2635.604, 5 CFR 2635.802, and 5 CFR 2635.803. § 10300.101 General.

(a)*Purpose.* In accordance with 5 CFR 2635.105, the regulations in this part apply to employees of the Federal Mediation and Conciliation Service (FMCS), 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 in 5 CFR part 2635 (Office of Government Ethics

(OGE)Standards).

(b)*Cross-references.* In addition to the standards in 5 CFR part 2635 and this part, FMCS employees are required to comply with implementing guidance and procedures issued by the FMCS in accordance with 5 CFR 2635.105(c). FMCS employees are also subject to the regulations concerning executive branch financial disclosures contained in 5 CFR part 2634, the regulations concerning executive branch financial interests contained in 5 CFR part 2640, regulations concerning post-employment restrictions contained in 5 CFR part 2641, and the regulations concerning executive branch employee responsibilities and conduct contained in 5 CFR part 735. Employees should contact an FMCS ethics official if they have questions about any provision of this regulation or other ethics-related matters. § 10300.102 Definitions. For purposes of this part: *Outside employment or activity* means any form of non-Federal employment or business relationship, compensated or uncompensated, involving the provision of personal services by the employee. It includes, but is not limited to:

(1)Personal services as an officer, director, employee, agent, attorney, consultant, contractor, general partner, trustee, teacher, professor, speaker, or writer.

(2)Active participation, including voluntary participation as defined in 5 CFR 2635.502(b)(1)(v), with a prohibited source.

(3)It 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 are for compensation other than reimbursement of expenses; such activities involve the provision of professional services or advice; or the organization's activities are devoted substantially to matters relating to the employee's official duties as defined in 5 CFR 2635.807(a)(2)(i)(B) through (E). Note 1 to § 10300.102. There is a special approval requirement set out in both 18 U.S.C. 203(d) and 205(e) 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 an agent or attorney for, or otherwise represent the employee's parents, spouse, child, or any person for whom, or any estate for which, the employee is serving as guardian, executor, administrator, trustee, or other personal fiduciary in such matters, must obtain the approval required by law of the government official responsible for the employee's appointment, in addition to the regulatory approval required in this section. § 10300.103 Prior approval for outside employment and outside activities.

(a)*General requirement.* Before engaging in any outside employment or outside activity, as it is defined in § 10300.102, an employee of the FMCS, other than a special government employee, must obtain written approval.

(b)*Procedure for requesting approval.* The employee must first obtain written approval from the employee's immediate supervisor and then the Designated Agency Ethics Official (DAEO). If the employee does not obtain written approval from the employee's immediate supervisor, the employee may request review by the DAEO. Decisions by the DAEO are final and non-appealable.

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

(d)*Revised requests.* Upon a significant change in the nature or scope of the outside employment or outside activity or in the employee's official position with the FMCS, the employee must, within 7 calendar days of the change, submit a revised request for approval. If there are no significant changes in the nature or scope of the outside employment or outside activity or in the employee's official position with the FMCS, the employee does not need to reapply after the FMCS' initial approval.

(e)*Implementation guidance.* The DAEO may issue instructions or manual issuances governing the submission of requests for approval of outside employment or outside activities. The instructions or manual issuances may exempt categories of employment and activities from the prior approval requirement of this section based on a determination that employment or activity within those categories of employment or activities 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 or issuances examples of outside employment and activities that are permissible or impermissible consistent with this part and 5 CFR part 2635. Dated: November 28, 2023. Anna Davis, General Counsel & DAEO. Shelley K. Finlayson, Acting Director, U.S. Office of Government Ethics. [FR Doc. 2023-26950 Filed 12-7-23; 8:45 am]

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U.S. Code