[Federal Register Volume 83, Number 212 (Thursday, November 1, 2018)]
[Rules and Regulations]
[Pages 54861-54862]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-23548]
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Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
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Federal Register / Vol. 83, No. 212 / Thursday, November 1, 2018 /
Rules and Regulations
[[Page 54861]]
NATIONAL MEDIATION BOARD
5 CFR Chapter CI
[Docket No. C-7188]
RIN 3209-AA47
Supplemental Standards of Ethical Conduct for Employees of the
National Mediation Board
AGENCY: National Mediation Board.
ACTION: Interim final rule with request for comments.
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SUMMARY: The National Mediation Board (NMB or Board), with the
concurrence of the U.S. Office of Government Ethics (OGE), is issuing
an interim final regulation for employees of the NMB that supplements
the executive branch-wide Standards of Ethical Conduct (Standards)
issued by OGE. The supplemental regulation requires NMB employees to
obtain approval before engaging in outside employment.
DATES: This interim final rule is effective November 1, 2018. Comments
must be received on or before December 31, 2018.
ADDRESSES: You may submit comments identified by Docket Number C-7188
by any of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
Agency Website: www.nmb.gov. Follow the instructions for
submitting comments.
Email: [email protected]. Include docket number in the subject
line of the message.
Fax: (202) 692-5085.
Mail and Hand Delivery: National Mediation Board, 1301 K
Street NW, Ste. 250E, Washington, DC 20005.
Instructions: All submissions received must include the agency name
and docket number. All comments received will be posted without change
to www.nmb.gov, including any personal information provided.
Docket: For access to the docket or to read background documents or
comments received, go to www.nmb.gov.
FOR FURTHER INFORMATION CONTACT: Mary Johnson, General Counsel,
National Mediation Board, 202-692-5050, [email protected].
SUPPLEMENTARY INFORMATION:
I. Background
On August 7, 1992, OGE published the OGE Standards of Ethical
Conduct for Employees of the Executive Branch (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 NMB, with OGE's concurrence, has
determined that the following supplemental regulation is necessary to
the successful implementation of its ethics program.
II. Analysis of the Interim Regulations
Section 10101.101 General
Section 10101.101 explains that the supplemental regulations apply
to all employees of the National Mediation Board and supplement the OGE
Standards.
Section 10101.102 Prior Approval for Outside Employment
The OGE Standards, at 5 CFR 2635.803, specifically recognize that
individual agencies may find it necessary or desirable to supplement
the executive branch-wide regulations with a requirement for their
employees to obtain approval before engaging in outside employment or
activities. In accordance with 5 CFR 2635.803, the NMB has determined
that it is desirable for the purpose of administering its ethics
program to require employees to obtain approval before engaging in
outside employment, regardless of whether that employment is
compensated or uncompensated. This approval requirement will help
ensure that potential ethical problems are resolved before employees
undertake outside employment that could involve a violation of
applicable statutes or the OGE Standards. Section 10101.102(a) provides
that NMB employees must obtain prior written approval before engaging
in compensated or uncompensated outside employment.
Section 10101.102(b) sets forth procedures for requesting such
approval. Section 10101.102(b)(1) states that requests for approval of
outside employment be submitted in writing in advance of undertaking
the employment. Section 10101.102(b)(2) requires that, within 30
calendar days of a significant change in the nature or the scope of the
outside employment or in the employee's official position, the employee
shall submit a revised request.
Section 10101.102(c) sets forth the standard to be applied by the
Board or its designee in acting on requests for prior approval of
outside employment. Under this standard, approval shall be granted
unless the Board or its designee determines that the outside employment
is expected to involve conduct prohibited by statute or Federal
regulation, including 5 CFR part 2635. Section 10101.102(c) further
provides that, before granting approval, the Board or its designee
shall provide the request to the Designated Agency Ethics Official
(DAEO) in order for the employee to receive written ethics guidance and
that this written ethics guidance shall be appended to the written
approval.
Section 10101.102(d) broadly defines ``employment'' for purposes of
this section to cover any form of non-Federal employment or business
relationship involving the provision of personal services, including
writing when done under an arrangement with another person for
production or publication of the written product. The definition of
employment does not, however, include participation in the activities
of nonprofit charitable, religious, professional, social, fraternal,
and similar organizations unless such activities are for compensation
other than the reimbursement of expenses, 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).
[[Page 54862]]
III. Matters of Regulatory Procedure
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. Furthermore, under 5
U.S.C. 553(b)(3)(B), the NMB finds that good cause exists to waive the
proposed rulemaking requirements under the APA because the notice and
comment procedures would be contrary to the public interest. The
Federal Aviation Administration Modernization and Reform Act of 2012
included a provision for the Government Accountability Office (GAO) to
evaluate NMB programs and activities every 2 years. In its most recent
evaluation, GAO recommended that the NMB implement internal controls to
ensure that employee requests for outside employment comply with OGE
Standards and federal law. For this reason, the NMB finds good cause to
issue this regulation as an interim final rule with a provision for a
60 day public comment period. The NMB will review all comments received
during the comment period and will consider any modifications that
appear appropriate in adopting this rule as final, with the concurrence
of OGE.
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
As required by the Regulatory Flexibility Act, the NMB certifies
that these regulatory changes will not have a significant impact on
small business entities. This rule will not have any significant impact
on the quality of the human environment under the National
Environmental Policy Act.
Paperwork Reduction Act
The NMB has determined that the Paperwork Reduction Act does not
apply because this interim 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 10101
Conflicts of interests, Government employees.
Dated: October 18, 2018.
By direction of the Board.
Mary Johnson,
General Counsel, National Mediation Board.
Emory A. Rounds, III,
Director, U.S. Office of Government Ethics.
0
For the reasons set forth in the preamble, the National Mediation Board
with the concurrence of the U.S. Office of Government Ethics, is
amending title 5 of the Code of Federal Regulations by establishing
chapter CI, consisting of part 10101, to read as follows:
CHAPTER CI--NATIONAL MEDIATION BOARD
PART 10101--SUPPLEMENTAL STANDARDS OF ETHICAL CONDUCT FOR EMPLOYEES
OF THE NATIONAL MEDIATION BOARD
Sec.
10101.101 General.
10101.102 Prior approval for outside employment.
Authority: 5 U.S.C. 7301; 5 U.S.C. App. (Ethics in Government
Act of 1978); 44 Stat. 577, as amended; 45 U.S.C. 151, 160a; E.O.
12674, 54 FR 15159, 3 CFR, 189 Comp., p. 215, as modified by E.O.
12731, 55 FR 42547, 3CFR, 1990 Comp., p. 306; 5 CFR 2635.105,
2635.803.
Sec. 10101.101 General.
Purpose. In accordance with 5 CFR 2635.105, the regulations in this
part apply all employees of the National Mediation Board (NMB) and
supplement the Standards of Ethical Conduct for Employees of the
Executive Branch at 5 CFR 2635.
Sec. 10101.102 Prior approval for outside employment.
(a) General Requirement. Before engaging in compensated or
uncompensated outside employment, all National Mediation Board
employees must obtain written approval from the Board or its designee.
(b) Procedure for requesting approval. (1) The approval by the
Board or its designee shall be requested in writing in advance of
engaging in outside employment.
(2) Upon a significant change in the nature of scope of the outside
employment or in the employee's official position, the employee shall
submit a revised request for approval within 30 calendar days.
(c) Standard for approval. (1) Approval shall be granted unless the
Board or its designee determines that the outside employment is
expected to involve conduct prohibited by statute or Federal
regulation, including 5 CFR part 2635.
(2) As part of the approval process, the Board or its designee
shall provide the request to the Designated Agency Ethics Official
(DAEO) in order for the employee to receive written ethics guidance. In
the event, the DAEO is the Board's designee, the DAEO shall provide
written ethics guidance upon receiving the request. This written ethics
guidance shall be appended to the written approval.
(d) Definition of employment. For purposes of this section,
``employment'' 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
personal services as an officer, director, employee, agent, attorney,
consultant, contractor, general partner, trustee, teacher, or speaker.
It includes writing when done under an arrangement with another person
for production or publication of the written product. It does not,
however, 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).
[FR Doc. 2018-23548 Filed 10-31-18; 8:45 am]
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