National Organic Program; National List of Allowed and Prohibited Substances (2022 Sunset); Correction, 33815-33816 [2023-11149]
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Federal Register / Vol. 88, No. 101 / Thursday, May 25, 2023 / Rules and Regulations
President or Vice President, or the
employee’s prior position on a
Presidential Transition Team from an
organization, established for more than
two years, that is described in section
501(c)(3) of the Internal Revenue Code
and exempt from taxation under section
501(a) of the Internal Revenue Code.
The organization, the legal services
provider that the organization pays for
legal services, and the individual
attorney providing legal services must
meet the requirements described in
paragraph (a) of this section. The term
‘‘pro bono services’’ includes the
provision of outside legal services as
described in this section.
(c) Role of designated agency ethics
official. The designated agency ethics
official must determine whether the
organization, the legal services provider
that the organization pays for legal
services, and the individual attorney
providing legal services meet the
requirements described in paragraph (a)
of this section.
Example 1 to paragraph (c): A
Department of Justice employee is an
eyewitness in an Inspector General
investigation and is called to testify
before Congress. A local law firm offers
to represent the employee at no cost.
The employee consults with an agency
ethics official, who determines that the
attorney who would represent the
employee is neither an agent of a foreign
government nor a lobbyist. However, the
law firm is representing a party in a case
to which the employee is assigned. The
ethics official determines that the law
firm is a person who has interests that
may be substantially affected by the
performance or nonperformance of the
employee’s official duties. Accordingly,
the employee may not accept the offer
of pro bono legal services from the law
firm.
Example 2 to paragraph (c): A
Securities and Exchange Commission
employee is harassed by a supervisor
and files a complaint. A nonprofit legal
aid organization focusing on harassment
cases offers pro bono legal services to
the employee at no cost. The employee
consults with an agency ethics official,
who determines that the attorney who
would represent the employee is neither
an agent of a foreign government nor a
lobbyist, and neither the attorney nor
the nonprofit legal aid organization has
interests that may be substantially
affected by the performance or
nonperformance of the employee’s
official duties. Accordingly, the
employee may accept the offer of pro
bono legal services from the nonprofit
legal aid organization.
Example 3 to paragraph (c): A
registered 501(c)(3) organization whose
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mission focuses on assisting those
experiencing workplace harassment
offers to pay for legal services for the
Securities and Exchange Commission
employee from the preceding example.
The legal services themselves are
performed by attorneys outside the
organization. The employee confers
with an agency ethics official who
determines that the 501(c)(3)
organization has been in operation for
more than two years, neither the
organization nor the attorneys
performing legal services have interests
that may be substantially affected by the
performance or nonperformance of the
employee’s official duties, and the
attorneys performing the legal services
are neither agents of foreign
governments nor lobbyists. Accordingly,
the employee may accept the legal
services even though they are provided
by attorneys outside of the 501(c)(3)
organization.
Example 4 to paragraph (c): A
Department of State employee is asked
to testify in a legal proceeding relating
to a prior position at the Department of
Justice. An attorney at a large national
law firm offers pro bono services to the
employee. The employee confers with
an agency ethics official who
determines that although the attorney
offering representation is neither an
agent of a foreign government nor a
lobbyist, the law firm is currently
registered pursuant to 2 U.S.C. 1603(a),
some members of the firm are registered
lobbyists, and the firm has business
before other parts of the Department of
State. However, neither the attorney nor
the law firm has interests that may be
substantially affected by the
performance or nonperformance of the
employee’s official duties. Accordingly,
the employee may accept the offer of
pro bono legal services.
(d) Appeal process. An employee may
appeal to the Office of Government
Ethics in matters when the agency is the
party opponent in the legal action. An
employee may appeal the designated
agency ethics official’s determination
that the pro bono legal services are
prohibited; or a failure by the
designated agency ethics official to
provide a determination regarding
whether the pro bono legal services are
prohibited within 30 days. Appeals
should be submitted within 60 days of
denial by the designated agency ethics
official, or within 90 days of submission
to the designated agency ethics official,
in the case of a request that has not been
acted upon.
[FR Doc. 2023–10290 Filed 5–24–23; 8:45 am]
BILLING CODE 6345–03–P
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33815
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 205
[Doc. No. AMS–NOP–19–0106; NOP–19–03]
RIN 0581–AD98
National Organic Program; National
List of Allowed and Prohibited
Substances (2022 Sunset); Correction
Agricultural Marketing Service,
USDA.
ACTION: Correcting amendment.
AGENCY:
On February 28, 2022, the
Agricultural Marketing Service (AMS)
published a rule removing sixteen
substances from the National List of
Allowed and Prohibited Substances
(National List). That document
accidentally omitted nonorganic whey
protein concentrate from the
amendatory instructions. This
document corrects the amendatory
language, removing nonorganic whey
protein concentrate from the National
List, as intended in the previous
document.
SUMMARY:
DATES:
Effective: May 25, 2023.
Compliance: Use of nonorganic whey
protein concentrate in organic products
is prohibited after March 15, 2024.
FOR FURTHER INFORMATION CONTACT:
Jared Clark, Standards Division,
National Organic Program. Telephone:
(202) 720–3252. Email: jared.clark@
usda.gov.
A final
rule published in the Federal Register
on February 28, 2022 (87 FR 10930)
removed substances from the National
List following the procedures detailed
in the Organic Foods Production Act of
1990 (OFPA) (7 U.S.C. 6501–6524).
Removing these substances implements
recommendations from the National
Organic Standards Board and effectively
prohibits their use in organic
production.
One change discussed in the final rule
was removing nonorganic whey protein
concentrate from the National List.
While the rule discussed this change
and the justification, the rule’s
instructions for changing the regulation
did not include the removal. This
document corrects this by removing the
entry for whey protein concentrate at 7
CFR 205.606(x). As discussed in the
final rule, use of nonorganic whey
protein concentrate in organic products
is prohibited after March 15, 2024.
SUPPLEMENTARY INFORMATION:
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33816
Federal Register / Vol. 88, No. 101 / Thursday, May 25, 2023 / Rules and Regulations
List of Subjects in 7 CFR Part 205
Administrative practice and
procedure, Agricultural commodities,
Agriculture, Animals, Archives and
records, Fees, Imports, Labeling,
Organically produced products, Plants,
Reporting and recordkeeping
requirements, Seals and insignia, Soil
conservation.
For the reasons set forth in the
preamble, the Agricultural Marketing
Service amends 7 CFR part 205 as
follows:
PART 205—NATIONAL ORGANIC
PROGRAM
1. The authority citation for 7 CFR
part 205 continues to read as follows:
■
Authority: 7 U.S.C. 6501–6524.
§ 205.606
[Amended]
2. Amend § 205.606 by removing
paragraph (x).
■
Erin Morris,
Associate Administrator, Agricultural
Marketing Service.
[FR Doc. 2023–11149 Filed 5–24–23; 8:45 am]
BILLING CODE P
DEPARTMENT OF AGRICULTURE
Rural Utilities Service
7 CFR Part 1740
[Docket No. RUS–22-Telecom-0056]
RIN 0572–AC62
Rural eConnectivity Program
Rural Utilities, USDA.
Final rule; confirmation and
response to comments.
AGENCY:
ACTION:
The Rural Utilities Service
(RUS or Agency), an agency in the
United States Department of Agriculture
(USDA) Rural Development Mission
area, published a final rule with
comment in the Federal Register on
January 30, 2023, to make updates to the
Rural eConnectivity Program
(ReConnect Program) regulation to
ensure that requirements are clear,
accurate as presented and in compliance
with Federal reporting requirements.
Through this action, RUS is confirming
the final rule as it was published and
providing responses to the public
comments that were received.
DATES: As of May 25, 2023, the final rule
published January 30, 2023, at 88 FR
5724, effective May 1, 2023, is
confirmed.
lotter on DSK11XQN23PROD with RULES1
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
Laurel Leverrier, Assistant
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Administrator; Telecommunication
Program; Rural Development; U.S.
Department of Agriculture; 1400
Independence Avenue SW; Room 4121–
S; Washington, DC 20250; telephone
202–720–3416, email laurel.leverrier@
usda.gov. Persons with disabilities or
who require alternative means for
communication should contact the
USDA Target Center at 202–720–2600.
SUPPLEMENTARY INFORMATION: The
ReConnect Program was authorized by
the Consolidated Appropriations Act,
2018 (Pub. L. 115–141), which directed
the program to be conducted under the
Rural Electrification Act of 1936 (7
U.S.C. 901 et seq). The ReConnect
Program provides loans, grants, and
loan/grant combinations to facilitate
broadband deployment in rural areas. In
facilitating the expansion of broadband
services and infrastructure, the program
fuels long-term rural economic
development and opportunities across
rural America.
The final rule that published January
30, 2023, (88 FR 5724), included a 60day comment period that ended on
March 31, 2023. The intent of the
changes outlined in the final rule was to
remove outdated requirements and
ensure that the requirements in the
regulation are clear, accurate as
presented, and in compliance with
Federal reporting requirements. The
Agency received comments from 3
respondents. Respondents included one
telecommunications company and two
industry associations The following are
the comments received and the
Agency’s responses:
Comment: Cimarron Telephone
Company, LLC stated that the
requirement to have a Tribal Resolution
of Support be part of the ReConnect
Program application may deter some
potential applicants from the program.
The respondent also states that this
could lessen the amount of rural
Americans receiving any service or
lessen the chance that current services
would be upgraded. The respondent
offered examples they personally
experienced that lead them to encourage
the Agency to change this requirement.
The respondent recommends requiring
the resolution to be submitted within
120 days of the applicant being selected
for an award.
Agency response: The Agency
appreciates the comments provided by
the respondent; however, it is a priority
of this Administration that tribal
sovereignty be respected by not
imposing federal projects over tribal
lands without their consent.
Comment: NCTA—The internet and
Telephone Association expressed
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appreciation for the work done by the
Agency to streamline the requirements
of the ReConnect Program. They also
praised the Agency for its clarification
of the Buy America requirements. The
respondent also encourages the Agency
to allow awardees to continue to use
their parent entity’s consolidated audit
after an award is made, if applicable.
Agency response: The Agency
appreciates the comments provided by
the respondent.
Comment: NTCA—The Rural
Broadband Association expressed
concern about the impact of the Build
America, Buy America Act on nonFederal entities who receive ReConnect
Program funding. Additionally, the
respondent offered data indicating that
there would be strain on the supply
chains which produce needed
equipment for those non-Federal
entities required to comply with the
law. The respondent feels that there are
two standards, depending on what type
of organization your entity is, and that
by treating all entities the same would
make it easier for all companies to
comply with the Build America, Buy
America Act.
Agency response: The Agency
appreciates the comments provided by
the respondent; however, the entity
status for compliance with the Build
America, Buy America Act is set in
statute, whereas the RUS Buy American
requirement applies to all entities also
by statute. As such, the requested
change is beyond the control of the
agency.
No change to the rulemaking is
necessary. The RUS appreciates
comments from interested parties. The
Agency confirms the final rule without
change.
Andrew Berke,
Administrator, Rural Utilities Service.
[FR Doc. 2023–11134 Filed 5–24–23; 8:45 am]
BILLING CODE 3410–15–P
FEDERAL ELECTION COMMISSION
11 CFR Part 110
[Notice 2023–09]
Contributions in the Name of Another
Federal Election Commission.
Interim final rule.
AGENCY:
ACTION:
The Commission is removing
the regulatory prohibition on knowingly
helping or assisting any person in
making a contribution in the name of
another. The Commission is taking this
action to implement the order of the
United States District Court in FEC v.
SUMMARY:
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]]>Agencies
[Federal Register Volume 88, Number 101 (Thursday, May 25, 2023)]
[Rules and Regulations]
[Pages 33815-33816]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-11149]
=======================================================================
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DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 205
[Doc. No. AMS-NOP-19-0106; NOP-19-03]
RIN 0581-AD98
National Organic Program; National List of Allowed and Prohibited
Substances (2022 Sunset); Correction
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Correcting amendment.
-----------------------------------------------------------------------
SUMMARY: On February 28, 2022, the Agricultural Marketing Service (AMS)
published a rule removing sixteen substances from the National List of
Allowed and Prohibited Substances (National List). That document
accidentally omitted nonorganic whey protein concentrate from the
amendatory instructions. This document corrects the amendatory
language, removing nonorganic whey protein concentrate from the
National List, as intended in the previous document.
DATES:
Effective: May 25, 2023.
Compliance: Use of nonorganic whey protein concentrate in organic
products is prohibited after March 15, 2024.
FOR FURTHER INFORMATION CONTACT: Jared Clark, Standards Division,
National Organic Program. Telephone: (202) 720-3252. Email:
[email protected].
SUPPLEMENTARY INFORMATION: A final rule published in the Federal
Register on February 28, 2022 (87 FR 10930) removed substances from the
National List following the procedures detailed in the Organic Foods
Production Act of 1990 (OFPA) (7 U.S.C. 6501-6524). Removing these
substances implements recommendations from the National Organic
Standards Board and effectively prohibits their use in organic
production.
One change discussed in the final rule was removing nonorganic whey
protein concentrate from the National List. While the rule discussed
this change and the justification, the rule's instructions for changing
the regulation did not include the removal. This document corrects this
by removing the entry for whey protein concentrate at 7 CFR 205.606(x).
As discussed in the final rule, use of nonorganic whey protein
concentrate in organic products is prohibited after March 15, 2024.
[[Page 33816]]
List of Subjects in 7 CFR Part 205
Administrative practice and procedure, Agricultural commodities,
Agriculture, Animals, Archives and records, Fees, Imports, Labeling,
Organically produced products, Plants, Reporting and recordkeeping
requirements, Seals and insignia, Soil conservation.
For the reasons set forth in the preamble, the Agricultural
Marketing Service amends 7 CFR part 205 as follows:
PART 205--NATIONAL ORGANIC PROGRAM
0
1. The authority citation for 7 CFR part 205 continues to read as
follows:
Authority: 7 U.S.C. 6501-6524.
Sec. 205.606 [Amended]
0
2. Amend Sec. 205.606 by removing paragraph (x).
Erin Morris,
Associate Administrator, Agricultural Marketing Service.
[FR Doc. 2023-11149 Filed 5-24-23; 8:45 am]
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