Supplemental Standards of Ethical Conduct for Employees of the Federal Mediation and Conciliation Service, 45822-45824 [2023-15021]
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45822
Proposed Rules
Federal Register
Vol. 88, No. 136
Tuesday, July 18, 2023
This section of the FEDERAL REGISTER
contains notices to the public of the proposed
issuance of rules and regulations. The
purpose of these notices is to give interested
persons an opportunity to participate in the
rule making prior to the adoption of the final
rules.
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
Federal Mediation and
Conciliation Service.
ACTION: Proposed rule.
AGENCY:
The Federal Mediation and
Conciliation Service (FMCS), with the
concurrence of the Office of
Government Ethics (OGE), is issuing
this proposed 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: Comments must be submitted on
or before August 17, 2023.
ADDRESSES: You may submit comments,
in writing, to FMCS on this proposed
rule, identified by RIN 3209–AA65, by
any of the following methods:
• Email: register@fmcs.gov. Include
the reference ‘‘Proposed Rule FMCS
Supplemental Standards, RIN 3209–
AA65’’ in the subject line of the
message.
• Mail: FMCS, One Independence
Square, 250 E Street SW, Washington,
DC, 20427, Attention: Anna Davis,
Designated Agency Ethics Official
(DAEO), General Counsel.
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:
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SUMMARY:
VerDate Sep<11>2014
20:47 Jul 17, 2023
Jkt 259001
I. Background
On August 7, 1992, OGE published
the OGE Standards. 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 OGE Standards,
codified at 5 CFR part 2635, effective
February 3, 1993, established uniform
standards of ethical conduct that apply
to all executive branch personnel.
Section 2635.105 of the OGE
Standards authorizes an agency, with
the concurrence of OGE, to adopt
agency-specific supplemental
regulations that are necessary to
properly implement its ethics program.
The FMCS, with OGE’s concurrence,
has determined that the following
supplemental regulations are necessary
for successful implementation of its
ethics program in light of the FMCS’
unique programs and operations.
II. Analysis of the Regulations
In accordance with 5 CFR 2635.803,
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. 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
FMCS to screen for such conflicts. The
approval requirement will help to
ensure that potential ethics conflicts of
interest, impartiality, or others concerns
are resolved before certain employees
begin outside employment or outside
activities. Requiring prior approval
ensures the neutrality and integrity of
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
PO 00000
Frm 00001
Fmt 4702
Sfmt 4702
procedures issued by 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.
III. 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
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Federal Register / Vol. 88, No. 136 / Tuesday, July 18, 2023 / Proposed Rules
hearing required under 45 U.S.C. 160a.
In issuing a proposed rule on this
matter, FMCS, will consider all written
comments on this proposed rule that are
submitted by the August 17, 2023 due
date.
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
FMCS has determined under the
Regulatory Flexibility Act, 5 U.S.C.
chapter 6, that this proposed 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
proposed 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
FMCS has determined that this
proposed 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.
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
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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
20:47 Jul 17, 2023
Jkt 259001
§ 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 postemployment 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
List of Subjects in 5 CFR Part 10300
VerDate Sep<11>2014
CFR 2635.403(a), 5 CFR 2635.502, 5 CFR
2635.604, 5 CFR 2635.802, and 5 CFR
2635.803.
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).
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45823
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 Federal
Mediation and Conciliation Service
(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
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 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 FMCS, the employee does not need
to reapply after 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
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45824
Federal Register / Vol. 88, No. 136 / Tuesday, July 18, 2023 / Proposed Rules
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: July 11, 2023.
Anna Davis,
General Counsel & DAEO.
Emory Rounds,
Director, U.S. Office of Government Ethics.
[FR Doc. 2023–15021 Filed 7–17–23; 8:45 am]
BILLING CODE 6732–01–P
NUCLEAR REGULATORY
COMMISSION
10 CFR Part 35
[NRC–2022–0218]
RIN 3150–AK91
Reporting Nuclear Medicine Injection
Extravasations as Medical Events
Nuclear Regulatory
Commission.
ACTION: Preliminary proposed rule
language; extension of comment period.
AGENCY:
On April 19, 2023, the U.S.
Nuclear Regulatory Commission (NRC)
solicited feedback on the preliminary
proposed rule language and posed
specific questions to stakeholders for a
rulemaking on the reporting of nuclear
medicine injection extravasations as
medical events. The public comment
period was originally scheduled to close
on July 18, 2023. The NRC has decided
to extend the public comment period to
allow more time for members of the
public to develop and submit their
comments.
DATES: The due date of comments
requested in the document published on
April 19, 2023 (88 FR 24130) is
extended. Comments should be filed no
later than September 1, 2023. Comments
received after this date will be
considered, if it is practical to do so, but
the NRC is able to ensure consideration
only for comments received on or before
this date.
ADDRESSES: You may submit comments
by any of the following methods;
however, the NRC encourages electronic
comment submission through the
Federal rulemaking website:
• Federal Rulemaking Website: Go to
https://www.regulations.gov and search
for Docket ID NRC–2022–0218. Address
questions about NRC dockets to Dawn
ddrumheller on DSK120RN23PROD with PROPOSALS1
SUMMARY:
VerDate Sep<11>2014
18:21 Jul 17, 2023
Jkt 259001
Forder; telephone: 301–415–3407;
email: Dawn.Forder@nrc.gov. For
technical questions contact the
individuals listed in the FOR FURTHER
INFORMATION CONTACT section of this
document.
• Email comments to:
Rulemaking.Comments@nrc.gov. If you
do not receive an automatic email reply
confirming receipt, then contact us at
301–415–1677.
• Fax comments to: Secretary, U.S.
Nuclear Regulatory Commission at 301–
415–1101.
• Mail comments to: Secretary, U.S.
Nuclear Regulatory Commission,
Washington, DC 20555–0001, ATTN:
Rulemakings and Adjudications Staff.
• Hand deliver comments to: 11555
Rockville Pike, Rockville, Maryland
20852, between 7:30 a.m. and 4:15 p.m.
eastern time, Federal workdays;
telephone: 301–415–1677.
For additional direction on obtaining
information and submitting comments,
see ‘‘Obtaining Information and
Submitting Comments’’ in the
SUPPLEMENTARY INFORMATION section of
this document.
FOR FURTHER INFORMATION CONTACT:
Irene Wu, Office of Nuclear Material
Safety and Safeguards, telephone: 301–
415–1951, email: Irene.Wu@nrc.gov; and
Daniel DiMarco, Office of Nuclear
Material Safety and Safeguards,
telephone: 301–415–3303, email:
Daniel.Dimarco@nrc.gov. Both are staff
of the U.S. Nuclear Regulatory
Commission, Washington, DC 20555–
0001.
SUPPLEMENTARY INFORMATION:
I. Obtaining Information and
Submitting Comments
A. Obtaining Information
Please refer to Docket ID NRC–2022–
0218 when contacting the NRC about
the availability of information for this
action. You may obtain publicly
available information related to this
action by any of the following methods:
• Federal Rulemaking Website: Go to
https://www.regulations.gov and search
for Docket ID NRC–2022–0218.
• NRC’s Agencywide Documents
Access and Management System
(ADAMS): You may obtain publicly
available documents online in the
ADAMS Public Documents collection at
https://www.nrc.gov/reading-rm/
adams.html. To begin the search, select
‘‘Begin Web-based ADAMS Search.’’ For
problems with ADAMS, please contact
the NRC’s Public Document Room (PDR)
reference staff at 1–800–397–4209, at
301–415–4737, or by email to
PDR.Resource@nrc.gov. The ADAMS
accession number for each document
PO 00000
Frm 00003
Fmt 4702
Sfmt 4702
referenced (if it is available in ADAMS)
is provided the first time that it is
mentioned in this document.
• NRC’s PDR: The PDR, where you
may examine and order copies of
publicly available documents, is open
by appointment. To make an
appointment to visit the PDR, please
send an email to PDR.Resource@nrc.gov
or call 1–800–397–4209 or 301–415–
4737, between 8 a.m. and 4 p.m. eastern
time, Monday through Friday, except
Federal holidays.
B. Submitting Comments
The NRC encourages electronic
comment submission through the
Federal Rulemaking Website (https://
www.regulations.gov). Please include
Docket ID NRC–2022–0218 in your
comment submission.
The NRC cautions you not to include
identifying or contact information that
you do not want to be publicly
disclosed in your comment submission.
The NRC will post all comment
submissions at https://
www.regulations.gov as well as enter the
comment submissions into ADAMS.
The NRC does not routinely edit
comment submissions to remove
identifying or contact information.
If you are requesting or aggregating
comments from other persons for
submission to the NRC, then you should
inform those persons not to include
identifying or contact information that
they do not want to be publicly
disclosed in their comment submission.
Your request should state that the NRC
does not routinely edit comment
submissions to remove such information
before making the comment
submissions available to the public or
entering the comment into ADAMS.
II. Discussion
On April 19, 2023, the NRC solicited
feedback on the preliminary proposed
rule language for a rulemaking on the
reporting of nuclear medicine injection
extravasations as medical events. To
inform this rulemaking, the NRC also
posed specific questions to obtain input
from stakeholders. The public comment
period was originally scheduled to close
on July 18, 2023. By email dated July 10,
2023 (ADAMS Accession No.
ML23193A202), the Organization of
Agreement States Board requested that
the NRC extend the comment period by
45 days. The NRC has decided to grant
this request and extend the public
comment period on this document until
September 1, 2023, to allow more time
for members of the public to submit
their comments.
The NRC may post materials related
to this document, including public
E:\FR\FM\18JYP1.SGM
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Agencies
[Federal Register Volume 88, Number 136 (Tuesday, July 18, 2023)]
[Proposed Rules]
[Pages 45822-45824]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-15021]
========================================================================
Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
========================================================================
Federal Register / Vol. 88, No. 136 / Tuesday, July 18, 2023 /
Proposed Rules
[[Page 45822]]
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: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Federal Mediation and Conciliation Service (FMCS), with
the concurrence of the Office of Government Ethics (OGE), is issuing
this proposed 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: Comments must be submitted on or before August 17, 2023.
ADDRESSES: You may submit comments, in writing, to FMCS on this
proposed rule, identified by RIN 3209-AA65, by any of the following
methods:
Email: [email protected]. Include the reference ``Proposed
Rule FMCS Supplemental Standards, RIN 3209-AA65'' in the subject line
of the message.
Mail: FMCS, One Independence Square, 250 E Street SW,
Washington, DC, 20427, Attention: Anna Davis, Designated Agency Ethics
Official (DAEO), General Counsel.
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; [email protected].
SUPPLEMENTARY INFORMATION:
I. Background
On August 7, 1992, OGE published the OGE Standards. 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 OGE
Standards, codified at 5 CFR part 2635, effective February 3, 1993,
established uniform standards of ethical conduct that apply to all
executive branch personnel.
Section 2635.105 of the OGE Standards authorizes an agency, with
the concurrence of OGE, to adopt agency-specific supplemental
regulations that are necessary to properly implement its ethics
program. The FMCS, with OGE's concurrence, has determined that the
following supplemental regulations are necessary for successful
implementation of its ethics program in light of the FMCS' unique
programs and operations.
II. Analysis of the Regulations
In accordance with 5 CFR 2635.803, 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. 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 FMCS to screen for
such conflicts. The approval requirement will help to ensure that
potential ethics conflicts of interest, impartiality, or others
concerns are resolved before certain employees begin outside employment
or outside activities. Requiring prior approval ensures the neutrality
and integrity of 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 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.
III. 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
[[Page 45823]]
hearing required under 45 U.S.C. 160a. In issuing a proposed rule on
this matter, FMCS, will consider all written comments on this proposed
rule that are submitted by the August 17, 2023 due date.
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
FMCS has determined under the Regulatory Flexibility Act, 5 U.S.C.
chapter 6, that this proposed 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 proposed 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
FMCS has determined that this proposed 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.
Sec. 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.
Sec. 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 Sec. 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.
Sec. 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 Sec. 10300.102, an employee
of the Federal Mediation and Conciliation Service (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 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 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 FMCS, the employee does not need to reapply after 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
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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: July 11, 2023.
Anna Davis,
General Counsel & DAEO.
Emory Rounds,
Director, U.S. Office of Government Ethics.
[FR Doc. 2023-15021 Filed 7-17-23; 8:45 am]
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