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.

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REGISTER issue of each week.

Rules and Regulations Federal Register

22293 

Vol. 76, No. 77 

Thursday, April 21, 2011 

COURT SERVICES AND OFFENDER 

SUPERVISION AGENCY FOR THE 

DISTRICT OF COLUMBIA 

5 CFR Chapter LXX 

[CSOSA–0009–P] 

RIN 3209–AA15 and 3225–AA07 

Supplemental Standards of Ethical 

Conduct for Employees of the Court 

Services and Offender Supervision 

Agency for the District of Columbia 

AGENCY: Court Services and Offender 

Supervision Agency for the District of 

Columbia. 

ACTION: Interim rule with request for 

comments. 

SUMMARY: The Court Services and 

Offender Supervision Agency for the 

District of Columbia (CSOSA or 

Agency), with the concurrence of the 

Office of Government Ethics (OGE), is 

issuing interim regulations for 

employees of CSOSA and for employees 

of the District of Columbia Pretrial 

Services Agency (PSA), an independent 

entity within CSOSA, that supplement 

the Standards of Ethical Conduct 

(Standards) for Employees of the 

Executive Branch issued by OGE. 

CSOSA’s supplemental regulations 

address requirements for outside 

employment. These requirements are 

necessary to address ethical conduct 

standards pertinent to an agency with a 

criminal justice mission. 

DATES: This interim rule is effective 

April 21, 2011. Written comments must 

be received by May 23, 2011. 

ADDRESSES: You may submit comments, 

identified by RIN numbers 3209–AA15 

and 3225–AA07, by any of the following 

methods: 

1. Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

2. E-mail to 

generalcounsel.helpdesk@csosa.gov. 

Include RIN numbers 3209–AA15 and 

3225–AA07 in the subject line of the 

message. 

3. Mail to Theresa A. Rowell, 

Assistant General Counsel, Office of the 

General Counsel, Court Services and 

Offender Supervision Agency, Room 

1378, 633 Indiana Avenue, NW., 

Washington, DC 20004. 

4. Hand Delivery or Courier to 

Theresa A. Rowell, Assistant General 

Counsel, Office of the General Counsel, 

Court Services and Offender 

Supervision Agency, Room 1378, 633 

Indiana Avenue, NW., Washington, DC 

20004. 

FOR FURTHER INFORMATION CONTACT: 

Theresa A. Rowell, Assistant General 

Counsel, Office of General Counsel, 

telephone: (202) 220–5364; e-mail: 

theresa.rowell@csosa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

Section 2635.105 of the Standards 

authorizes executive branch agencies to 

publish, with the concurrence of OGE, 

agency-specific supplemental 

regulations that are necessary to 

implement their respective ethics 

programs. Accordingly, CSOSA, with 

the concurrence of OGE, has determined 

that the following supplemental 

regulation is necessary for the success of 

its ethical program. 

II. Analysis of the Regulations 

Section 8001.101 General 

Section 8001.101 explains that these 

regulations supplement the executivewide Standards and remind CSOSA and 

PSA employees that they remain subject 

to the Standards and to executive 

branch-wide financial disclosure 

regulations. 

Section 8001.102 Prior Approval for 

Outside Employment 

Where it is determined to be 

necessary or desirable for the purpose of 

administering an agency’s ethics 

program, 5 CFR 2635.803 authorizes an 

agency to issue supplemental 

regulations requiring agency employees 

to obtain prior approval before engaging 

in outside employment. Given the 

nature of its criminal justice mission, 

CSOSA and PSA have determined that 

it is necessary to monitor the outside 

employment of CSOSA and PSA 

employees, to ensure public confidence 

in the impartiality and objectivity with 

which CSOSA and PSA carry out their 

mission, and to avoid any appearance of 

misuse of position. CSOSA provides 

supervision, through qualified 

supervision officers, to offenders on 

probation, parole, and supervised 

release for violation of District of 

Columbia Code offenses. Accordingly, 

CSOSA supervises all offenders placed 

on probation by the Superior Court of 

the District of Columbia (Superior 

Court), and all individuals on parole 

pursuant to the District of Columbia 

Code. CSOSA provides supervision to 

offenders from other jurisdictions in 

accordance with the provisions of the 

Interstate Parole and Probation 

Compact. PSA is responsible for 

securing pertinent data and providing 

for any judicial officer in the District of 

Columbia or any officer or member of 

the Metropolitan Police Department 

issuing citations, reports containing 

verified information concerning any 

individual with respect to whom a bail 

or citation determination is to be made. 

PSA supervises defendants released 

from custody by the Superior Court and 

by the United States District Court 

during the pretrial period by monitoring 

compliance with conditions of release 

and by assuring that they appear for 

scheduled court hearings. PSA also 

provides courtesy supervision of 

defendants for other Federal and State 

pretrial agencies. An employee’s outside 

employment may conflict with the 

employee’s official duties or create the 

appearance that the employee is 

violating the law or ethical standards 

due to contacts with offenders/ 

defendants, their families and/or close 

associates during the course of such 

employment. 

Section 8001.102(a) requires CSOSA 

and PSA employees to obtain prior 

written approval from the employee’s 

immediate supervisor and the 

Designated Agency Ethics Official 

(DAEO) before engaging in outside 

employment. The approval requirement 

will help to ensure that potential ethical 

problems are identified and resolved 

before employees begin outside 

employment that could involve a 

violation of applicable statutes and 

standards of conduct. 

Section 8001.102(b) defines 

employment to cover any form of nonFederal employment, business 

relationship, or activity involving the 

provision of personal services by the 

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22294 Federal Register / Vol. 76, No. 77 / Thursday, April 21, 2011 / Rules and Regulations 

employee, whether or not for 

compensation. 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 the 

participation involves the provision of 

professional services or advice for 

compensation other than reimbursement 

for actual expenses, the organization’s 

activities are devoted substantially to 

matters relating to the employee’s 

official duties, or involves conduct 

prohibited by statute or Federal 

regulation, including 5 CFR part 2635 

and paragraph (c) of this section. 

Section 8001.102(c) establishes the 

standard to be used in approving 

requests for outside employment. 

Approval shall be granted only upon a 

determination that the outside 

employment is not expected to involve 

conduct prohibited by statute or Federal 

regulation, including 5 CFR part 2635. 

The employee’s immediate supervisor 

and the DAEO will approve or deny the 

employee’s request within seven (7) 

calendar days of receiving sufficient 

information from the employee to make 

such determination. 

Section 8001.102(d) states the scope 

of the approval, which will be for a 

period of three years. At the end of three 

years, the employee shall submit a 

renewed request for approval in 

accordance with this section. However, 

where there is a significant change in 

the nature or scope of the outside 

employment or in the employee’s 

official position within the Agency prior 

to the three-year period, the employee 

must, within ten (10) calendar days, 

submit a renewed request for approval. 

Section 8001.102(e) sets out the 

procedures for requesting prior approval 

to engage in outside employment. The 

employee shall submit the request, 

through the employee’s immediate 

supervisor, to the DAEO. The employee 

shall complete a form provided by the 

DAEO that will set forth, at the 

minimum, the description of the 

employee’s current position; 

information on the prospective 

employment, including the nature of the 

service to be performed, the anticipated 

date, and number of hours of work per 

week; whether the prospective employer 

has any contractual relationship with 

the Federal government; whether the 

employee will come in contact with 

defendants, offenders, family members, 

or their representatives in the course of 

the outside employment; whether the 

prospective employment involves any 

criminal justice matters; whether the 

employee will be required to testify as 

an expert witness in any matter related 

to the prospective employment; and 

whether the prospective employment 

involves solicitation or advertising 

services. The request must be submitted 

not less than ten (10) calendar days 

prior to the date the proposed 

employment will begin, in order to 

allow completion of the review before 

the anticipated start of the outside 

employment. 

Section 8001.102(f) describes the 

appeal process if the request is denied 

by the DAEO. The employee may appeal 

to the Agency Director if the request is 

denied. 

Matters of Regulatory Procedure 

Administrative Procedure Act 

Pursuant to 5 U.S.C. 553(b) and (d)(3), 

CSOSA has found good cause for 

waiving, as unnecessary and contrary to 

the public interest, the general notice of 

proposed rulemaking, the opportunity 

for advanced public comment, and the 

30-day delay in effectiveness as to this 

interim rule. The reason for this 

determination is based on the fact that 

(1) the rulemaking is related to the 

internal organization, procedure, and 

practice of the Agency; and (2) the 

rulemaking pertains to Agency 

management and personnel. 

Nonetheless, this is an interim 

rulemaking with provision for a 30-day 

public comment period. The Agency 

will review all comments received 

during the comment period and will 

consider any modifications that appear 

appropriate in adopting these rules as 

final, with the concurrence and cosignature of the Office of Government 

Ethics. 

Executive Order 12866 

Because this rule relates to CSOSA 

and PSA personnel, it is exempt from 

the provisions of Executive Order No. 

12866. 

Executive Order 13132 

This rule will not have substantial 

direct effects on the States, on the 

relationship between the national 

government and the States, or on 

distribution of power and 

responsibilities among the various 

levels of government. Therefore, in 

accordance with Executive Order 13132, 

CSOSA has determined that this rule 

does not have sufficient federalism 

implications to warrant the preparation 

of a Federalism Assessment. 

Regulatory Flexibility Act 

CSOSA, in accordance with the 

Regulatory Flexibility Act (5 U.S.C. 

605(b)), has reviewed this rule and by 

approving it certifies that this rule will 

not have a significant economic impact 

upon a substantial number of small 

entities. This rule pertains to Agency 

management, and its economic impact 

is limited to the Agency’s appropriated 

funds. 

Unfunded Mandates Reform Act of 1995 

This rule will not result in the 

expenditure by State, local and Tribal 

governments, in the aggregate, or by the 

private sector, of $100,000,000 or more 

in any one year, and it will not 

significantly or uniquely affect small 

governments. Therefore, CSOSA has 

determined that no actions are 

necessary under the provisions of the 

Unfunded Mandates Reform Act of 

1995. 

Small Business Regulatory Enforcement 

Fairness Act of 1996 

This rule is not a major rule as 

defined by sec. 804 of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996. This rule will not 

result in an annual effect on the 

economy of $100,000,000 or more; a 

major increase in costs or prices; or 

significant adverse effects on 

competition, employment, investment, 

productivity, innovation, or on the 

ability of United States-based 

companies to compete with foreignbased companies in domestic and 

export markets. 

Paperwork Reduction Act 

The Paperwork Reduction Act, 44 

U.S.C. chapter 35, does not apply 

because this rulemaking does not 

contain information collection 

requirements subject to the approval of 

the Office of Management and Budget. 

Congressional Review Act 

CSOSA has determined that this rule 

is not a rule as defined in 5 U.S.C. 804, 

and thus, does not require review by 

Congress. 

Plain Language Instructions 

We want to make CSOSA’s 

documents easy to read and understand. 

If you have suggestions on how to 

improve the clarity of these regulations, 

write, e-mail, or call the Office of 

General Counsel at the address or 

telephone number given above in the 

ADDRESSES and FOR FURTHER

INFORMATION CONTACT captions. 

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Federal Register / Vol. 76, No. 77 / Thursday, April 21, 2011 / Rules and Regulations 22295 

List of Subjects in 5 CFR Part 8001 

Conflict of interests, Government 

employees. 

Accordingly, for the reasons set for in 

the preamble, the Court Services and 

Offender Supervision Agency for the 

District of Columbia, with the 

concurrence of the Office of 

Government Ethics, is amending title 5 

of the Code of Federal Regulations by 

adding a new chapter LXX, consisting of 

part 8001, to read as follows. 

CHAPTER LXX—COURT SERVICES AND 

OFFENDER SUPERVISION AGENCY FOR 

THE DISTRICT OF COLUMBIA 

PART 8001—SUPPLEMENTAL 

STANDARDS OF ETHICAL CONDUCT 

FOR EMPLOYEES OF THE COURT 

SERVICES AND OFFENDER 

SUPERVISION AGENCY 

Sec. 

8001.101 General. 

8001.102 Prior approval for outside 

employment. 

Authority: 5 U.S.C. 7301; 5 U.S.C. App. 

(Ethics in Government Act of 1978); E.O. 

12674, 54 FR 15159, 3 CFR, 1989 Comp., p. 

215, as modified by E.O. 12731, 55 FR 42547, 

3 CFR, 1990 Comp., p. 306; 5 CFR 2635.105, 

2635.801, 2635.802, 2635.803. 

§ 8001.101 General. 

(a) Purpose. In accordance with 5 CFR 

2635.105, the regulations in this part 

apply to the employees of the Court 

Services and Offender Supervision 

Agency (CSOSA or Agency), and the 

employees of the Pretrial Services 

Agency (PSA or Agency), an 

independent entity within CSOSA. The 

regulations in this part supplement the 

Standards of Conduct for Employees of 

the Executive Branch contained in 5 

CFR part 2635. 

(b) Cross-references. In addition to 5 

CFR part 2635 and this part, CSOSA and 

PSA employees are subject to the 

executive branch financial disclosure 

regulations at 5 CFR part 2634, the 

regulations concerning executive branch 

financial interest contained in 5 CFR 

part 2640, and the regulations 

concerning executive branch employee 

responsibilities and conduct contained 

in 5 CFR part 735. 

§ 8001.102 Prior approval for outside 

employment. 

(a) Prior approval requirement. An 

employee, other than a special 

Government employee, must obtain 

written approval from the employee’s 

immediate supervisor and the 

Designated Agency Ethics Official 

(DAEO) before engaging in any outside 

employment, whether or not for 

compensation. 

(b) Definition of employment. For 

purposes of this section, ‘‘employment’’ 

means any form of non-Federal 

employment, business relationship or 

activity involving the provision of 

personal services by the employee, 

whether or not for compensation. 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 the participation 

involves the provision of professional 

services or advice for compensation 

other than reimbursement for actual 

expenses, the organization’s activities 

are devoted substantially to matters 

relating to the employee’s official 

duties, or involves conduct prohibited 

by statute or Federal regulation, 

including 5 CFR part 2635 and 

paragraph (c) of this section. 

(c) Standard of approval. Approval 

shall be granted only upon a 

determination that the outside 

employment or activity is not expected 

to involve conduct prohibited by statute 

or Federal regulation, including 5 CFR 

part 2635. The employee’s immediate 

supervisor and the DAEO shall approve 

or deny the employee’s request for prior 

approval of outside employment within 

seven (7) calendar days of receiving 

from the employee complete 

information necessary to make such a 

determination. 

(d) Scope of approval. Approval will 

be for a period of three years, after 

which the employee must request 

renewed approval in accordance with 

this section. If during the approved 

three-year period there is a significant 

change in the nature or scope of the 

outside employment or in the 

employee’s Agency position or duties, 

the employee shall submit a renewed 

request for approval within ten (10) 

calendar days of the change. 

(e) Submission of application. The 

employee shall submit the request on a 

form provided by the DAEO through the 

employee’s immediate supervisor. The 

request must be submitted not less than 

ten (10) calendar days prior to the date 

the proposed employment will begin, in 

order to allow for completion of the 

review before the anticipated start of the 

outside employment. The form shall set 

forth at the minimum the description of 

the employee’s current position; 

information on the prospective 

employment, including the nature of the 

service to be performed, the anticipated 

date, and number of hours of work per 

week; whether the prospective employer 

has any contractual relationship with 

the Federal government; whether the 

employee will come in contact with 

defendants, offenders, family members, 

or their representatives in the course of 

the outside employment; whether the 

prospective employment involves any 

criminal justice matters; whether the 

employee will be required to testify as 

an expert witness in any matter related 

to the prospective employment; and 

whether the prospective employment 

involves solicitation or advertising 

services. 

(f) Appeal. If the Designated Agency 

Ethics Official denied the request, the 

employee may appeal that decision to 

the Agency Director. 

Adrienne Poteat, 

Deputy Director, Court Services and Offender 

Supervision Agency. 

Robert I. Cusick, 

Director, Office of Government Ethics. 

[FR Doc. 2011–9027 Filed 4–20–11; 8:45 am] 

BILLING CODE 3129–04–P 

DEPARTMENT OF AGRICULTURE 

Animal and Plant Health Inspection 

9 CFR Part 145 

[Docket No. APHIS–2009–0031] 

RIN 0579–AD21 

National Poultry Improvement Plan and 

Auxiliary Provisions 

Correction 

In rule document 2011–6539 

appearing on pages 15791–15798 in the 

issue of Tuesday, March 22, 2011, make 

the following corrections: 

§ 145.52 [Corrected] 

On page 15794, in the first column, 

immediately following the text of 

§ 145.52, add the following asterisks: 

* * * * * 

[FR Doc. C1–2011–6539 Filed 4–20–11; 8:45 am] 

BILLING CODE 1505–01–D 

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