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.

Proposed Rules Federal Register

51533 

Vol. 71, No. 168 

Wednesday, August 30, 2006 

COMMISSION ON CIVIL RIGHTS 

5 CFR Chapter LXVIII 

RINs 3035–AA02, 3209–AA15 

Supplemental Standards of Ethical 

Conduct for Employees of the United 

States Commission on Civil Rights 

AGENCY: U.S. Commission on Civil 

Rights. 

ACTION: Proposed rule. 

SUMMARY: The United States 

Commission on Civil Rights 

(Commission), with the concurrence of 

the Office of Government Ethics (OGE), 

is issuing a proposed rule for employees 

of the Commission that would 

supplement the Standards of Ethical 

Conduct for Employees of the Executive 

Branch issued by OGE. The proposed 

rule would require employees of the 

Commission, other than special 

Government employees, to obtain prior 

approval before engaging in outside 

employment. 

EFFECTIVE DATE: Comments should be 

submitted on or before September 29, 

2006 to be considered in the 

formulation of final rules. 

ADDRESSES: Interested parties should 

submit written comments to: United 

States Commission on Civil Rights, 

Office of the Staff Director, Attn: Emma 

Monroig, Esq., Solicitor and Designated 

Agency Ethics Official, 624 Ninth Street, 

NW., Suite 621, Washington, DC 20425. 

E-mail comments should be addressed 

to emonroig@usccr.gov. Please cite 5 

CFR chapter LXVIII in all 

correspondence related to this proposed 

rule. 

FOR FURTHER INFORMATION CONTACT: 

Emma Monroig, Esq., Solicitor and 

Designated Agency Ethics Official, 

United States Commission on Civil 

Rights, Office of the Staff Director, 624 

Ninth Street, NW., Suite 621, 

Washington, DC 20425; Telephone: 

(202) 376–7796; Facsimile: (202) 376– 

1163. 

SUPPLEMENTARY INFORMATION: In 1979, 

the United States Commission on Civil 

Rights adopted a set of Employee 

Responsibilities and Conduct as set 

forth in 45 CFR part 706. See 44 FR 

75152, as revised in 2002 at 67 FR 

70498. That rule in the pertinent part 

required employees to obtain approval, 

in writing, from their supervisors before 

engaging in outside employment. 45 

CFR 706.7. 

On August 7, 1992, OGE published 

new executive branch Standards of 

Ethical Conduct regulations, which 

became generally effective on February 

3, 1993. The Standards, as corrected and 

amended, are codified at 5 CFR part 

2635. These regulations, together with 

OGE’s executive branchwide financial 

disclosure and financial interests 

regulations codified at 5 CFR parts 2634 

and 2640, superseded the Commission’s 

old Employee Responsibilities and 

Conduct regulations at 45 CFR part 706, 

including the provision requiring 

employees to obtain prior approval 

before engaging in outside employment. 

In a separate rulemaking also being 

published in the Federal Register today, 

the Commission is proposing to remove 

its old superseded conduct regulation 

and replace it with a residual crossreferences provision. 

The Commission, however, has 

determined, with OGE concurrence, that 

it is necessary and desirable for the 

purpose of administering its ethics 

program to require its employees again 

to obtain written approval before 

engaging in outside employment. Prior 

approval would be required pursuant to 

proposed § 7801.102 of new chapter 

LXVIII of 5 CFR as proposed, in order 

to ensure that the activity would not 

otherwise violate a Federal statute or 

regulation, including the branchwide 

Standards. The proposed section would 

include a definition at paragraph (d) of 

outside employment, basically 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 also would provide at 

paragraph (c) that upon a significant 

change in the nature or scope of the 

outside employment or the employee’s 

official position, the employee would 

have to submit a revised request for 

approval. The proposed rule would not 

include special Government employees 

in the prior approval provision, since 

they consist primarily of State Advisory 

Committee members who serve on the 

Commission as uncompensated 

employees. Accordingly, by this 

rulemaking, the Commission is 

proposing to reinstitute the prior 

approval requirement, albeit in a 

modified form in light of the 

promulgation of the branchwide 

Standards. Furthermore, in proposed 

§ 7801.101 of 5 CFR the Commission 

would state the purpose of the 

supplemental regulation and would 

include cross-references to other 

Government ethics regulations 

applicable to Commission employees in 

addition to the proposed new part. The 

cross-referenced regulations are the 

executive branch Standards, as well as 

the financial disclosure, financial 

interests and employee responsibilities 

and conduct regulations noted above. 

Moreover, the section proposed would 

identify the Solicitor as the Designated 

Agency Ethics Official and require that 

employees seeking prior approval for 

outside employment obtain the approval 

of the Designated Agency Ethics 

Official. 

Matters of Regulatory Procedure 

Executive Orders 12866 and 12988 

Because this proposed rule relates to 

Commission personnel, it is exempt 

from the provisions of Executive Orders 

12866 and 12988. 

Regulatory Flexibility Act 

It has been determined under the 

Regulatory Flexibility Act (5 U.S.C. 

chapter 6) that this rule as proposed 

would not have a significant economic 

impact on a substantial number of small 

entities because it would primarily 

affect Commission employees. 

Paperwork Reduction Act 

It has been determined that the 

Paperwork Reduction Act (44 U.S.C. 

chapter 35) does not apply to this 

proposed rulemaking document, 

because it does not contain any 

information collection requirements that 

require the approval of the Office of 

Management and Budget. 

Congressional Review Act 

The Commission has determined that 

this rulemaking is not a rule as defined 

in 5 U.S.C. 804, and, thus, does not 

require review by Congress. 


jlentini on PROD1PC65 with PROPOSAL
51534 Federal Register / Vol. 71, No. 168 / Wednesday, August 30, 2006 / Proposed Rules 

List of Subjects in 45 CFR Part 7801 

Conflict of interests, Government 

employees. 

Dated: August 16, 2006. 

Emma Monroig, 

Solicitor and Designated Agency Ethics 

Official, United States Commission on Civil 

rights. 

Dated: August 16, 2006. 

Kenneth L. Marcus, 

Staff Director, United States Commission on 

Civil Rights. 

Approved: August 22, 2006. 

Robert I. Cusick, 

Director, Office of Government Ethics. 

For the reasons set forth in this 

preamble, the United States 

Commission on Civil Rights, with the 

concurrence of the Office of 

Government Ethics, is proposing to 

amend title 5 of the Code of Federal 

Regulations by adding a new chapter 

LXVIII, consisting of part 7801, to read 

as follows: 

CHAPTER LXVIII—COMMISSION ON CIVIL 

RIGHTS 

PART 7801—SUPPLEMENTAL 

STANDARDS OF ETHICAL CONDUCT 

FOR EMPLOYEES OF THE UNITED 

STATES COMMISSION ON CIVIL 

RIGHTS 

Sec. 

7801.101 General. 

7801.102 Prior approval for outside 

employment. 

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

(Ethics in Government Act of 1978); 42 

U.S.C. 1975b(d); 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, 2635.803. 

§ 7801.101 General. 

(a) Purpose. In accordance with 5 CFR 

2635.105, the regulations in this part 

apply to employees of the United States 

Commission on Civil Rights 

(Commission) and supplement the 

Standards of Ethical Conduct for 

Employees of the Executive Branch 

contained at 5 CFR part 2635. 

Employees of the Commission are 

required to comply with this part, 5 CFR 

part 2635, the financial disclosure and 

financial interests regulations at 5 CFR 

parts 2634 and 2640, and implementing 

guidance and procedures. Commission 

employees are also subject to the 

regulations on responsibilities and 

conduct at 5 CFR part 735. 

(b) Definition. The Designated Agency 

Ethics Official (DAEO) is the Solicitor 

for the Commission. 

§ 7801.102 Prior approval for outside 

employment. 

(a) An employee, other than a special 

Government employee, of the 

Commission who wishes to engage in 

outside employment shall first obtain 

the approval, in writing, of the 

Designated Agency Ethics Official 

(DAEO). 

(b) Standard for approval. Approval 

shall be granted by the DAEO only upon 

a determination that the prospective 

outside employment is not expected to 

involve conduct prohibited by statute or 

Federal regulation, including 5 CFR part 

2635. 

(c) Upon a significant change in the 

nature or scope of the outside 

employment or the employee’s official 

position, the employee must submit a 

revised request for approval. 

(d) For purposes of this section, 

‘‘employment’’ means any form of nonFederal 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 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 involve the provision of 

professional services or advice or are for 

compensation other than reimbursement 

of expenses. 

[FR Doc. 06–7232 Filed 8–29–06; 8:45 am] 

BILLING CODE 6335–01–M 

NUCLEAR REGULATORY 

COMMISSION 

10 CFR Part 73 

RIN 3150–AH90 

Secure Transfer of Nuclear Materials 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Proposed rule. 

SUMMARY: The U.S. Nuclear Regulatory 

Commission (NRC) is proposing to 

amend its regulations to implement 

requirements for secure transfer of 

nuclear materials as required by Section 

656 of the Energy Policy Act of 2005 

(EPAct), signed into law on August 8, 

2005. The proposed amendment would 

implement Section 656 by specifically 

excepting certain licensees from 

provisions of Section 170I of the Atomic 

Energy Act (AEA), as amended. 

DATES: The comment period expires 

September 29, 2006. Comments received 

after this date will be considered if it is 

practical to do so, but NRC is able to 

assure consideration only for comments 

received on or before this date. A copy 

of the draft proposed rule was made 

available for information only on July 6, 

2006, on NRC’s rulemaking Web site at: 

http://ruleforum.llnl.gov. 

ADDRESSES: You may submit comments 

by any one of the following methods. 

Please include the following number 

(RIN 3150–AH90) in the subject line of 

your comments. Comments on 

rulemakings submitted in writing or in 

electronic form will be made available 

for public inspection. Because your 

comments will not be edited to remove 

any identifying or contact information, 

NRC cautions you against including 

personal information such as social 

security numbers and birth dates in 

your submission. 

Mail comments to: Secretary, U.S. 

Nuclear Regulatory Commission, 

Washington, DC 20555–0001, ATTN: 

Rulemakings and Adjudications Staff. 

E-mail comments to: SECY@nrc.gov. If 

you do not receive a reply e-mail 

confirming that we have received your 

comments, contact us directly at (301) 

415–1966. You may also submit 

comments via NRC’s rulemaking Web 

site at http://ruleforum.llnl.gov. Address 

questions about our rulemaking Web 

site to Carol Gallagher (301) 415–5905; 

e-mail: cag@nrc.gov. Comments can also 

be submitted via the Federal 

eRulemaking Portal http:// 

www.regulations.gov. 

Hand deliver comments to: 11555 

Rockville Pike, Rockville, Maryland 

20852, between 7:30 a.m. and 4:15 p.m., 

Federal workdays. (Telephone (301) 

415–1966.) 

Fax comments to: Secretary, U.S. 

Nuclear Regulatory Commission at (301) 

415–1101. 

Publicly available documents related 

to this rulemaking may be viewed 

electronically on the public computers 

located at the NRC’s Public Document 

Room (PDR), Public File Area O1 F21, 

One White Flint North, 11555 Rockville 

Pike, Rockville, Maryland. The PDR 

reproduction contractor will copy 

documents for a fee. Selected 

documents, including comments, may 

be viewed and downloaded 

electronically via NRC’s rulemaking 

Web site at: http://ruleforum.llnl.gov. 

Publicly available documents created 

or received at NRC after November 1, 


jlentini on PROD1PC65 with PROPOSAL