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. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

26533 

Vol. 72, No. 90 

Thursday, May 10, 2007 

MERIT SYSTEMS PROTECTION 

BOARD 

5 CFR Chapter LXIV 

RIN 3209–AA15 

Supplemental Standards of Ethical 

Conduct for Employees of the Merit 

Systems Protection Board 

AGENCY: Merit Systems Protection Board 

(MSPB). 

ACTION: Interim rule with request for 

comments. 

SUMMARY: The Merit Systems Protection 

Board, with the concurrence of the 

Office of Government Ethics (OGE), is 

issuing an interim regulation for 

employees of the MSPB that 

supplements the executive-branch-wide 

Standards of Ethical Conduct 

(Standards) issued by OGE. With certain 

exceptions, the supplemental regulation 

requires MSPB employees, except 

special Government employees, to 

obtain approval before engaging in 

outside employment. 

DATES: This interim rule is effective 

June 11, 2007. Written comments must 

be received on or before July 9, 2007. 

ADDRESSES: Send or deliver comments 

to the Office of the Clerk of the Board, 

U.S. Merit Systems Protection Board, 

1615 M Street, NW., Washington, DC 

20419; fax: (202) 653–7130; e-mail: 

mspb@mspb.gov. 

FOR FURTHER INFORMATION CONTACT: Rosa 

M. Koppel, Deputy General Counsel, 

fax: (202) 653–6203; email: 

mspb@mspb.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

On August 7, 1992, the Office of 

Government Ethics published the 

Standards of Ethical Conduct for 

Employees of the Executive Branch 

(Standards), which became effective on 

February 3, 1993. The Standards, as 

corrected and amended, are codified at 

5 CFR part 2635. The Standards set 

uniform ethical conduct standards 

applicable to all executive branch 

personnel. 

Section 2635.105 of the Standards 

authorizes agencies, with the 

concurrence of OGE, to publish agencyspecific supplemental regulations that 

are necessary to properly implement 

their respective ethics programs. The 

MSPB, with OGE’s concurrence, has 

determined that the following interim 

supplemental rule is necessary for 

successful implementation of its ethics 

program. 

Analysis of the Regulations 

Section 7401.101 General 

Section 7401.101 explains that the 

regulations in part 7401 apply to 

employees of the MSPB and supplement 

the OGE Standards. The section also 

includes cross-references to other 

issuances applicable to MSPB 

employees, including the regulations 

concerning executive branch financial 

disclosure, financial interests, and 

employee responsibilities and conduct, 

as well as implementing MSPB 

guidance and procedures issued in 

accordance with the OGE Standards. 

Section 7401.102 Prior Approval for 

Outside Employment 

In accordance with 5 CFR 2635.803, 

the MSPB has determined it is necessary 

or desirable for the purpose of 

administering its ethics program to 

require its employees to obtain approval 

before engaging in outside employment 

or activities. This approval requirement 

will help to ensure that potential ethical 

problems are resolved before employees 

begin outside employment or activities 

that could involve a violation of 

applicable statutes and standards of 

conduct. 

Section 7401.102(a) provides that an 

MSPB employee, other than a special 

Government employee, must obtain 

advance written approval from the 

employee’s supervisor and the 

concurrence of the Designated Agency 

Ethics Official (DAEO) or alternate 

DAEO before engaging in any outside 

employment, except to the extent that 

the MSPB DAEO or alternate DAEO has 

issued an instruction or manual 

pursuant to paragraph (e) of this section 

exempting an activity or class of 

activities from this requirement. 

Section 7401.102(b) broadly defines 

outside employment to cover any form 

of non-Federal employment or business 

relationship involving the provision of 

personal services, whether or not for 

compensation, other than in the 

discharge of official duties. It includes 

writing when done under an 

arrangement with another person or 

entity for production or publication of 

the written product. It does not, 

however, include participation in the 

activities of nonprofit charitable, 

religious, professional, social, fraternal, 

educational, recreational, public service, 

or civic organizations, unless such 

activities are for compensation other 

than reimbursement of expenses, 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) 

and the employee will serve as officer 

or director of the organization, or the 

activities will involve the provision of 

consultative or professional services. 

Consultative services means the 

provision of personal services by an 

employee, including the rendering of 

advice or consultation, which requires 

advanced knowledge in a field of 

science or learning customarily acquired 

by a course of specialized instruction 

and study in an institution of higher 

education, hospital, or similar facility. 

Professional services means the 

provision of personal services by an 

employee, including the rendering of 

advice or consultation, which involves 

application of the skills of a profession 

as defined in 5 CFR 2636.305(b)(1) or 

involves a fiduciary relationship as 

defined in 5 CFR 2636.305(b)(2). 

A note following paragraph (b) of 

§ 7401.102 pertains to the special 

approval requirement set out in both 18 

U.S.C. 203(d) and 205(e), respectively, 

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. The note explains that an 

employee who wishes to act as agent or 

attorney for, or otherwise represent his 

parents, spouse, child, or any person for 

whom, or any estate for which, he 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 


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26534 Federal Register / Vol. 72, No. 90 / Thursday, May 10, 2007 / Rules and Regulations 

employee’s appointment in addition to 

the regulatory approval required in 

§ 7401.102. 

Section 7401.102(c) sets out the 

procedures for requesting prior approval 

to engage in outside employment 

initially, or within seven calendar days 

of a significant change in the nature or 

scope of the outside employment or the 

employee’s official position. 

Section 7401.102(d) sets out the 

standard to be applied by the 

employee’s supervisor and the DAEO or 

alternate DAEO in acting on requests for 

prior approval of outside employment 

as broadly defined by § 7401.102(b). 

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. 

Section 7401.102(e) provides that the 

MSPB DAEO or alternate DAEO can 

issue instructions or manual issuances 

governing the submission of requests for 

approval of outside employment, which 

may exempt categories of employment 

from the prior approval requirement of 

this section based on a determination 

that employment 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. 

The instructions or issuances may 

include examples of outside 

employment that are permissible or 

impermissible consistent with this part 

and 5 CFR part 2635. 

Administrative Procedure Act 

Pursuant to 5 U.S.C. 553(b), the Merit 

Systems Protection Board finds good 

cause exists for waiving the general 

notice of proposed rulemaking and 

opportunity for public comment as to 

this interim rule. Notice and comment 

before the effective date are being 

waived because this rule concerns 

matters of agency organization, practice 

and procedure. However, written 

comments, which must be received by 

July 9, 2007 can be submitted on this 

interim rule; any such comments will be 

considered before this rule is adopted as 

final. 

Executive Orders 12866 and 12988 

Because this rule relates to MSPB 

personnel, it is exempt from the 

provisions of Executive Orders Nos. 

12866 and 12988. 

Regulatory Flexibility Act 

The MSPB has determined, pursuant 

to the Regulatory Flexibility Act, 5 

U.S.C. chapter 6, that this rulemaking 

will not have a significant economic 

impact on a substantial number of small 

entities because it primarily affects 

MSPB employees. 

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 

The Merit Systems Protection Board 

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. 

List of Subjects in 5 CFR Part 7401 

Conflict of interests, Government 

employees. 

Dated: April 24, 2007. 

Neil A.G. McPhie, 

Chairman, Merit Systems Protection Board. 

Approved: April 30, 2007. 

Robert I. Cusick, 

Director, Office of Government Ethics. 

■ Accordingly, for the reasons set forth 

in the preamble, the Merit Systems 

Protection Board, with the concurrence 

of the Office of Government Ethics, is 

amending title 5 of the Code of Federal 

Regulations by adding a new chapter 

LXIV, consisting of part 7401, to read as 

follows: 

CHAPTER LXIV—MERIT SYSTEMS 

PROTECTION BOARD 

PART 7401—SUPPLEMENTAL 

STANDARDS OF ETHICAL CONDUCT 

FOR EMPLOYEES OF THE MERIT 

SYSTEMS PROTECTION BOARD 

Sec. 

7401.101 General. 

7401.102 Prior approval for outside 

employment. 

Authority: 5 U.S.C. 1204(h), 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, 2635.803. 

§ 7401.101 General. 

(a) Purpose. In accordance with 5 CFR 

2635.105, the regulations in this part 

apply to employees of the Merit Systems 

Protection Board (MSPB) and 

supplement the Standards of Ethical 

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, MSPB 

employees are required to comply with 

implementing guidance and procedures 

issued by the MSPB in accordance with 

5 CFR 2635.105(c). MSPB employees are 

also subject to the regulations 

concerning executive branch financial 

disclosure contained in 5 CFR part 

2634, the regulations concerning 

executive branch financial interests 

contained in 5 CFR part 2640, and the 

regulations concerning executive branch 

employee responsibilities and conduct 

contained in 5 CFR part 735. 

§ 7401.102 Prior approval for outside 

employment. 

(a) General requirement. Before 

engaging in any outside employment, 

with or without compensation, an 

employee of the MSPB, other than a 

special Government employee, must 

obtain written approval from the 

employee’s supervisor and the 

concurrence of the Designated Agency 

Ethics Official (DAEO) or the alternate 

DAEO, except to the extent that the 

MSPB DAEO or alternate DAEO has 

issued an instruction or manual 

pursuant to paragraph (e) of this section 

exempting an activity or class of 

activities from this requirement. 

Nonetheless, special Government 

employees remain subject to other 

statutory and regulatory provisions 

governing their outside activities, 

including 18 U.S.C. 203(c) and 205(c), 

as well as applicable provisions of 5 

CFR part 2635. 

(b) Definition of employment. For 

purposes of this section, employment 

means any form of non-Federal 

employment or business relationship 

involving the provision of personal 

services, whether or not for 

compensation. It includes, but is not 

limited to, services as an officer, 

director, employee, agent, advisor, 

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. The definition does not 

include participation in the activities of 

a nonprofit charitable, religious, 

professional, social, fraternal, 

educational, recreational, public service 

or civic organization, unless: 

(1) The employee will receive 

compensation other than reimbursement 

of expenses; 

(2) 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) and the employee will serve 

as officer or director of the organization; 

or 

(3) The activities will involve the 

provision of consultative or professional 

services. Consultative services means 

the provision of personal services by an 

employee, including the rendering of 

advice or consultation, which requires 


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Federal Register / Vol. 72, No. 90 / Thursday, May 10, 2007 / Rules and Regulations 26535 

advanced knowledge in a field of 

science or learning customarily acquired 

by a course of specialized instruction 

and study in an institution of higher 

education, hospital, or similar facility. 

Professional services means the 

provision of personal services by an 

employee, including the rendering of 

advice or consultation, which involves 

application of the skills of a profession 

as defined in 5 CFR 2636.305(b)(1) or 

involves a fiduciary relationship as 

defined in 5 CFR 2636.305(b)(2). 

Note to § 7401.102(b): There is a special 

approval requirement set out in both 18 

U.S.C. 203(d) and 205(e), respectively, 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 agent or attorney for, or 

otherwise represent his parents, spouse, 

child, or any person for whom, or any estate 

for which, he 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. 

(c) Procedure for requesting approval. 

(1) The approval required by paragraph 

(a) of this section shall be requested by 

e-mail or other form of written 

correspondence in advance of engaging 

in outside employment as defined in 

paragraph (b) of this section. 

(2) The request for approval to engage 

in outside employment or certain other 

activities shall set forth, at a minimum: 

(i) The name of the employer or 

organization; 

(ii) The nature of the legal activity or 

other work to be performed; 

(iii) The title of the position; and 

(iv) The estimated duration of the 

outside employment. 

(3) Upon a significant change in the 

nature or scope of the outside 

employment or in the employee’s 

official position within the MSPB, the 

employee must, within 7 calendar days 

of the change, submit a revised request 

for approval. 

(d) Standard for approval. 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. 

(e) DAEO’s and alternate DAEO’s 

responsibilities. The MSPB DAEO or 

alternate DAEO may issue instructions 

or manual issuances governing the 

submission of requests for approval of 

outside employment. The instructions 

or manual issuances may exempt 

categories of employment from the prior 

approval requirement of this section 

based on a determination that 

employment within those categories of 

employment would generally be 

approved and is not likely to involve 

conduct prohibited by statute or Federal 

regulation, including 5 CFR part 2635. 

The DAEO or alternate DAEO may 

include in these instructions or 

issuances examples of outside 

employment that are permissible or 

impermissible consistent with this part 

and 5 CFR part 2635. 

Dated: May 4, 2007. 

Bentley M. Roberts, Jr., 

Clerk of the Board. 

[FR Doc. E7–9035 Filed 5–9–07; 8:45 am] 

BILLING CODE 7400–01–P 

NUCLEAR REGULATORY 

COMMISSION 

10 CFR Part 72 

RIN 3150–AI13 

List of Approved Spent Fuel Storage 

Casks: NAC–MPC Revision 5 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Direct final rule. 

SUMMARY: The Nuclear Regulatory 

Commission (NRC) is amending its 

regulations revising the NAC 

International, Inc., NAC-Multi-Purpose 

Canister (MPC) system listing within the 

‘‘List of Approved Spent Fuel Storage 

Casks’’ to include Amendment No. 5 to 

Certificate of Compliance (CoC) Number 

1025. Amendment No. 5 will modify the 

CoC by revising the Technical 

Specifications (TS) to incorporate 

changes to the reporting and monitoring 

requirements to allow for visual 

inspection of the air inlet and outlet 

vents instead of thermal monitoring, 

revising the TS to incorporate guidance 

from NRC Interim Staff Guidance-22 

and replace all references to backfilling 

the cask with air to backfilling with 

inert gas, revising the CoC description to 

remove the requirement for tamperindicating devices on the Vertical 

Concrete Casks, and including several 

editorial changes to improve the clarity 

of the documents associated with the 

NAC–MPC system, under the general 

provisions that govern licensing 

requirements for the independent 

storage of spent nuclear fuel, high level 

radioactive waste, and reactor-related 

greater than Class C waste. 

DATES: The final rule is effective July 24, 

2007, unless significant adverse 

comments are received by June 11, 

2007. A significant adverse comment is 

a comment where the commenter 

explains why the rule would be 

inappropriate, including challenges to 

the rule’s underlying premise or 

approach, or would be ineffective or 

unacceptable without a change. If the 

rule is withdrawn, timely notice will be 

published in the Federal Register. 

ADDRESSES: You may submit comments 

by any one of the following methods. 

Please include the following number 

(RIN 3150–AI13) 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 

comment will not be edited to remove 

any identifying or contact information, 

the 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 the NRC’s rulemaking 

Web site at http://rulemaking.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 

at the NRC’s Public Document Room 

(PDR), O–1F21, One White Flint North, 

11555 Rockville Pike, Rockville, 

Maryland. Selected documents, 

including comments, can be viewed and 

downloaded electronically via the NRC 

rulemaking Web site at http:// 

ruleforum.llnl.gov. 

Publicly available documents created 

or received at the NRC after November 

1, 1999, are available electronically at 

the NRC’s Electronic Reading Room at 

http://www.nrc.gov/NRC/ADAMS/ 

index.html. From this site, the public 

can gain entry into the NRC’s 

Agencywide Document Access and 

Management System (ADAMS), which 

provides text and image files of NRC’s 

public documents. If you do not have 


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