16768 Federal Register / Vol. 77, No. 56 / Thursday, March 22, 2012 / Proposed Rules 

extent that it rises to the level of a real 

estate business based on the totality of 

the circumstances, and will consider 

whether the employee maintains an 

office; advertises or otherwise solicits 

clients or business; hires staff or 

employees; uses business stationary or 

other similar materials; files the 

business as a corporation, limited 

liability company, partnership, or other 

type of business association with a state 

government; establishes a formal or 

informal association with an existing 

business; hires a management company; 

and the nature and number of its 

investment properties; 

(3) Employment with a person or 

entity who registered as a lobbyist or 

lobbyist organization pursuant to 2 

U.S.C. 1603(a) and engages in lobbying 

activity concerning the Department; 

(4) Employment as an officer or 

director with a Department-approved 

mortgagee, a lending institution, or an 

organization that services securities for 

the Department; or 

(5) Employment with the Federal 

Home Loan Bank System or any affiliate 

thereof. 

(b) Exceptions to employment 

prohibitions. The prohibitions set forth 

in paragraph (a) of this section do not 

apply to: 

(1) Serving as an officer or a member 

of the Board of Directors of: 

(i) A Federal Credit Union; 

(ii) A cooperative, condominium 

association, or homeowners association 

for a housing project that is not subject 

to regulation by the Department or, if so 

regulated, in which the employee 

personally resides; or 

(iii) An entity designated in writing 

by the Designated Agency Ethics 

Official. 

(2) Holding a real estate agent’s 

license; however, use of the license is 

limited as provided by paragraph (c) of 

this section. 

(c) Prior approval requirement. (1) 

Employees, except special Government 

employees, shall obtain the prior 

written approval of an Agency Ethics 

Official before accepting compensated 

or uncompensated employment: 

(i) As an officer, director, trustee, or 

general partner of, or in any other 

position of authority with a prohibited 

source, as defined at 5 CFR 2635.203(d); 

(ii) With a state or local government; 

(iii) In the same professional field as 

that of the employee’s official position; 

or 

(iv) As a real estate agent in relation 

to purchasing or selling a single family 

property for use as the employee’s 

primary residence, or the primary 

residence of the employee’s immediate 

family member. 

(2) Approval shall be granted unless 

the conduct is inconsistent with 5 CFR 

part 2635 or this part. 

(d) Liaison representative. An 

employee designated to serve in an 

official capacity as the Department’s 

liaison representative to an outside 

organization is not engaged in an 

outside activity to which this section 

applies. Notwithstanding, an employee 

may be designated to serve as the 

Department’s liaison representative only 

as authorized by law, and as approved 

by the Department under applicable 

procedures. 

§ 7501.106 Bureau instructions and 

designation of separate agency component. 

(a) Bureau instructions. With the 

concurrence of the Designated Agency 

Ethics Official, the Bureau Ethics 

Counselor is authorized, consistent with 

5 CFR 2635.105(c), to designate Deputy 

Bureau Ethics Counselors, to make a 

determination, issue explanatory 

guidance, and establish procedures 

necessary to implement this part, 

subpart I of 5 CFR part 2634, and 5 CFR 

part 2635 for the Bureau. 

(b) Designation of separate agency 

component. Pursuant to 5 CFR 

2635.203(a), the Office of the Inspector 

General is designated as a separate 

agency for purposes of the regulations 

contained in subpart B of 5 CFR part 

2635, governing gifts from outside 

sources; and 5 CFR 2635.807, governing 

teaching, speaking, or writing. 

Dated: February 15, 2012. 

Shaun Donovan, 

Secretary. 

Don W. Fox, 

Principal Deputy Director, Office of 

Government Ethics. 

[FR Doc. 2012–6177 Filed 3–13–12; 8:45 am] 

Editorial Note: Proposed rule document 

2012–06177 was originally published on 

pages 14997 through 15003 in the issue of 

Wednesday, March 14, 2012. In that 

publication an incorrect version of the 

document was published. The corrected 

document is republished in its entirety. 

[FR Doc. R1–2012–6177 Filed 3–21–12; 8:45 am] 

BILLING CODE 1505–01–D 

DEPARTMENT OF AGRICULTURE 

Office of the Secretary 

7 CFR Part 20 

RIN 0551–AA70 

Export Sales Reporting Requirements 

AGENCY: Office of the Secretary, USDA. 

ACTION: Proposed rule, withdrawal. 

SUMMARY: A proposed rule published in 

the Federal Register on March 8, 2012, 

proposing requirements to add reporting 

for pork (fresh, chilled, and frozen box/ 

primal cuts) and distillers dried grain 

(DDG) to the Export Sales Reporting 

Requirements, is being withdrawn. The 

Foreign Agricultural Service (FAS) is 

currently awaiting approval for 

publication from the Office of 

Management and Budget. 

DATES: As of March 22, 2012, the 

proposed rule published March 8, 2012 

(77 FR 13990), is withdrawn. 

FOR FURTHER INFORMATION CONTACT: 

Contact Peter W. Burr, Branch Chief, 

Export Sales Reporting Branch, Import 

Policies and Export Reporting Division, 

Office of Trade Programs, Foreign 

Agricultural Service, 1400 

Independence Avenue SW., 

Washington, DC 20250–1021, STOP 

1021; or by email at 

Pete.Burr@fas.usda.gov; or by telephone 

at (202) 720–3274; or by fax (202) 720– 

0876. 

SUPPLEMENTARY INFORMATION: 

Background 

On March 8, 2012, a proposed rule 

was published in the Federal Register 

establishing new reporting requirements 

for pork (fresh, chilled, and frozen box/ 

primal cuts) and distillers dried grain 

(DDG) to the Export Sales Reporting 

Requirements (77 FR 13990). 

Subsequent to publication, FAS 

ascertained that OMB clearance was not 

yet received, so the proposed rule needs 

to be withdrawn until such clearance is 

conveyed. 

List of Subjects in 7 CFR Part 20 

Agricultural commodities, Exports, 

Reporting and recordkeeping 

requirements. 

The Withdrawal 

Accordingly, pursuant to the 

authority delegated to me, the Proposed 

Rule, as published in the Federal 

Register of March 8, 2012 (77 FR 13990) 

(FR Doc. 2012–05486), is hereby 

withdrawn. 

Authority: 7 U.S.C. 5712. 

Dated: March 14, 2012. 

Suzanne Heinen, 

Acting Administrator, Foreign Agricultural 

Service. 

[FR Doc. 2012–6820 Filed 3–21–12; 8:45 am] 

BILLING CODE 3410–10–P 


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