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.

Rules and Regulations Federal Register

85467 

Vol. 88, No. 235 

Friday, December 8, 2023 

OFFICE OF PERSONNEL 

MANAGEMENT 

5 CFR Part 531 

[Docket ID: OPM–2023–0009] 

RIN 3206–AO58 

General Schedule Locality Pay Areas 

Correction 

In Rule document 2023–25153, 

appearing on pages 78631 through 

78636, in the issue of Thursday, 

November 16, 2023, make the following 

correction: 

§ 531.603 Locality pay areas. [Corrected] 

■ On page 78636, in the first column, 

paragraph ‘‘(48)’’ is corrected to read as 

set forth below. 

(48) Sacramento-Roseville, CA-NV— 

consisting of the Sacramento-Roseville, 

CA CSA and also including Alpine 

County, CA, Amador County, CA, Butte 

County, CA, Colusa County, CA, Sierra 

County, CA, Carson City, NV, and 

Douglas County, NV; 

[FR Doc. C1–2023–25153 Filed 12–6–23; 8:45 am] 

BILLING CODE 0099–01–D 

FEDERAL MEDIATION AND 

CONCILIATION SERVICE 

5 CFR Chapter CIII 

RIN 3209–AA65 

Supplemental Standards of Ethical 

Conduct for Employees of the Federal 

Mediation and Conciliation Service 

AGENCY: Federal Mediation and 

Conciliation Service. 

ACTION: Final rule. 

SUMMARY: The Federal Mediation and 

Conciliation Service (FMCS), with the 

concurrence of the Office of 

Government Ethics (OGE), is issuing 

this final rule for FMCS employees. This 

rule supplements the Standards of 

Ethical Conduct for Employees of the 

Executive Branch (OGE Standards) 

issued by OGE and is necessary because 

it addresses ethical issues unique to the 

FMCS. This rule sets forth prior 

approval requirements for certain 

outside employment and outside 

activities for all FMCS employees, other 

than special government employees. 

DATES: This rule is effective January 8, 

2024. 

FOR FURTHER INFORMATION CONTACT: 

Anna Davis, Designated Agency Ethics 

Official (DAEO), General Counsel, 

Office of General Counsel, Federal 

Mediation and Conciliation Service, 250 

E Street SW, Washington, DC 20427; 

Office/Fax/Mobile 202–606–3737; 

register@fmcs.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

In July 2023, the FMCS issued a 

proposed rule to establish the 

Supplemental Standards of Ethical 

Conduct for Employees of the Federal 

Mediation and Conciliation Service 

(Supplemental Standards), which are to 

be codified in 5 CFR part 10300. 88 FR 

45822 (July 18, 2023). The proposed 

rule provided a 30 day comment period, 

which ended on August 17, 2023. The 

FMCS did not receive any timely and 

responsive comments. The rationale for 

the proposed rule, which the FMCS is 

now adopting as final, is explained in 

the preamble at: https://

www.federalregister.gov/documents/ 

2023/07/18/2023-15021/supplementalstandards-of-ethical-conduct-foremployees-of-the-federal-mediationand-conciliation. For those reasons, the 

FMCS is, with the concurrence of OGE, 

issuing the rule as final with no 

substantive changes. 

I. Analysis of the Regulations 

In accordance with 5 CFR 2635.803, 

the FMCS has determined it is necessary 

for the purpose of administering its 

ethics program to require its employees, 

other than special government 

employees, to obtain approval before 

engaging in certain outside employment 

and outside activities. The FMCS’s 

mission is to promote labormanagement peace and cooperation. 

The FMCS has a large and broad range 

of clients external to the Government. 

Given the volume of public and private 

sector clients, there is a greater 

likelihood that conflicts of interest, 

impartiality, or other concerns may arise 

that employees may not be aware of and 

therefore it is necessary for the FMCS to 

screen for such conflicts. The approval 

requirement will help to ensure that 

potential ethics conflicts of interest, 

impartiality, or other concerns are 

resolved before certain employees begin 

outside employment or outside 

activities. Requiring prior approval 

ensures the neutrality and integrity of 

the FMCS’ services. 

Section 10300.101 General 

Paragraph (a) explains that the 

regulation applies to all FMCS 

employees, other than special 

government employees, and 

supplements the OGE Standards. 

Paragraph (b) notes that employees 

must comply with ethics guidance and 

procedures issued by the FMCS and 

should contact an FMCS ethics official 

if an ethics question arises. This 

paragraph also includes cross-references 

to other OGE ethics related regulations. 

10300.102 Definitions 

This section defines terms and 

phrases used throughout this 

supplemental regulation. 

10300.103 Prior Approval for Outside 

Employment and Outside Activities 

Paragraph (a) sets forth that an 

employee of the FMCS, other than a 

special government employee, is 

required to seek prior written approval 

before engaging in certain outside 

employment and outside activities. 

Paragraph (b) sets out the standards 

and procedures for requesting approval 

to engage in certain outside employment 

and outside activities. 

Paragraph (c) sets forth the 

requirement for submitting a revised 

request when there is a significant 

change in the nature, duties or scope of 

the outside employment or activity or to 

the employee’s official duties or 

responsibilities. 

Paragraph (d) provides that the DAEO 

may issue agency wide-policies, 

handbooks, or other written guidance 

governing the submission of requests for 

approval of outside employment and 

activities, which may exempt categories 

of employment and activities from the 

prior approval requirement of this 

section based on a determination that 

employment or activities within those 

categories would generally be approved 

and is not likely to involve conduct 


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85468 Federal Register / Vol. 88, No. 235 / Friday, December 8, 2023 / Rules and Regulations 

prohibited by statute or Federal 

regulation, including 5 CFR part 2635. 

II. Matters of Regulatory Procedure 

Administrative Procedure Act 

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. 

The public comment period on the 

proposed rule opened on July 18, 2023, 

the date of its publication in the Federal 

Register, and closed on August 17, 

2023. During this period, the FMCS did 

not receive any comments on the 

proposed rule. 

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. 

The FMCS has determined under the 

Regulatory Flexibility Act, 5 U.S.C. 

chapter 6, that this final rule would not 

have a significant economic impact on 

a substantial number of small entities 

because it would primarily affect FMCS 

employees. 

Paperwork Reduction Act. 

The Paperwork Reduction Act, 44 

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

final rule because it does not contain 

any information collection requirements 

that would require the approval of the 

Office of Management and Budget. 

Congressional Review Act 

The FMCS has determined that this 

final rule does not meet the definition 

of a rule, as defined by the 

Congressional Review Act, 5 U.S.C. 

chapter 8, and thus does not require 

review by Congress. 

List of Subjects in 5 CFR Part 10300 

Conflicts of interests, Government 

employees. 

■ For the reasons set forth in the 

preamble, the FMCS, with the 

concurrence of OGE, amends title 5 of 

the Code of Federal Regulations by 

adding a new chapter CIII, consisting of 

part 10300, to read as follows: 

Title 5—Administrative Personnel 

CHAPTER CIII—FEDERAL MEDIATION AND 

CONCILIATION SERVICE 

PART 10300—SUPPLEMENTAL 

STANDARDS OF ETHICAL CONDUCT 

FOR EMPLOYEES OF THE FEDERAL 

MEDIATION AND CONCILIATION 

SERVICE 

Sec. 

10300.101 General. 

10300.102 Definitions. 

10300.103 Prior approval for outside 

employment and outside activities. 

Authority: 5 U.S.C. 7301, 7353; 5 U.S.C. 

Ch. 131 (Ethics in Government Act of 1978); 

29 U.S.C. 172; 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, 5 CFR 2635.402(c), 5 

CFR 2635.403(a), 5 CFR 2635.502, 5 CFR 

2635.604, 5 CFR 2635.802, and 5 CFR 

2635.803. 

§ 10300.101 General. 

(a) Purpose. In accordance with 5 CFR 

2635.105, the regulations in this part 

apply to employees of the Federal 

Mediation and Conciliation Service 

(FMCS), other than special government 

employees as defined in 5 CFR 

2635.102(l), and supplement the 

Standards of Ethical Conduct for 

Employees of the Executive Branch in 5 

CFR part 2635 (Office of Government 

Ethics (OGE) Standards). 

(b) Cross-references. In addition to the 

standards in 5 CFR part 2635 and this 

part, FMCS employees are required to 

comply with implementing guidance 

and procedures issued by the FMCS in 

accordance with 5 CFR 2635.105(c). 

FMCS employees are also subject to the 

regulations concerning executive branch 

financial disclosures contained in 5 CFR 

part 2634, the regulations concerning 

executive branch financial interests 

contained in 5 CFR part 2640, 

regulations concerning postemployment restrictions contained in 5 

CFR part 2641, and the regulations 

concerning executive branch employee 

responsibilities and conduct contained 

in 5 CFR part 735. Employees should 

contact an FMCS ethics official if they 

have questions about any provision of 

this regulation or other ethics-related 

matters. 

§ 10300.102 Definitions. 

For purposes of this part: 

Outside employment or activity 

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: 

(1) Personal services as an officer, 

director, employee, agent, attorney, 

consultant, contractor, general partner, 

trustee, teacher, professor, speaker, or 

writer. 

(2) Active participation, including 

voluntary participation as defined in 5 

CFR 2635.502(b)(1)(v), with a prohibited 

source. 

(3) It does not 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). 

Note 1 to § 10300.102. There is a special 

approval requirement set out in both 18 

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

represent the employee’s parents, spouse, 

child, or any person for whom, or any estate 

for which, the employee 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. 

§ 10300.103 Prior approval for outside 

employment and outside activities. 

(a) General requirement. Before 

engaging in any outside employment or 

outside activity, as it is defined in 

§ 10300.102, an employee of the FMCS, 

other than a special government 

employee, must obtain written approval. 

(b) Procedure for requesting approval. 

The employee must first obtain written 

approval from the employee’s 

immediate supervisor and then the 

Designated Agency Ethics Official 

(DAEO). If the employee does not obtain 

written approval from the employee’s 

immediate supervisor, the employee 

may request review by the DAEO. 

Decisions by the DAEO are final and 

non-appealable. 

(c) Standard for approval. Approval 

shall be granted only upon a 

determination that the outside 

employment or outside activity is not 

expected to involve conduct prohibited 

by statute or Federal regulation, 

including 5 CFR part 2635. 

(d) Revised requests. Upon a 

significant change in the nature or scope 

of the outside employment or outside 


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Federal Register / Vol. 88, No. 235 / Friday, December 8, 2023 / Rules and Regulations 85469 

activity or in the employee’s official 

position with the FMCS, the employee 

must, within 7 calendar days of the 

change, submit a revised request for 

approval. If there are no significant 

changes in the nature or scope of the 

outside employment or outside activity 

or in the employee’s official position 

with the FMCS, the employee does not 

need to reapply after the FMCS’ initial 

approval. 

(e) Implementation guidance. The 

DAEO may issue instructions or manual 

issuances governing the submission of 

requests for approval of outside 

employment or outside activities. The 

instructions or manual issuances may 

exempt categories of employment and 

activities from the prior approval 

requirement of this section based on a 

determination that employment or 

activity within those categories of 

employment or activities would 

generally be approved and is not likely 

to involve conduct prohibited by statute 

or Federal regulation, including 5 CFR 

part 2635. The DAEO may include in 

these instructions or issuances examples 

of outside employment and activities 

that are permissible or impermissible 

consistent with this part and 5 CFR part 

2635. 

Dated: November 28, 2023. 

Anna Davis, 

General Counsel & DAEO. 

Shelley K. Finlayson, 

Acting Director, U.S. Office of Government 

Ethics. 

[FR Doc. 2023–26950 Filed 12–7–23; 8:45 am] 

BILLING CODE 6732–01–P 

DEPARTMENT OF AGRICULTURE 

Animal and Plant Health Inspection 

Service 

7 CFR Part 301 

[Docket No. APHIS–2023–0007] 

Citrus Canker; Designating Alabama a 

Commercial Citrus-Producing Area 

AGENCY: Animal and Plant Health 

Inspection Service, USDA. 

ACTION: Final rule. 

SUMMARY: We are revising the 

regulations to designate the State of 

Alabama as a commercial citrusproducing area in the current citrus 

canker regulations, and to update the 

scientific name for citrus canker used in 

the regulations. The State of Alabama 

has stated that it has commercial citrus 

production in the State, and the 

scientific name used in the regulations 

for citrus canker is obsolete and no 

longer used. These actions will update 

the regulations in order to provide 

Alabama protections that are afforded 

under the regulations to commercial 

citrus-producing States and be current 

as to the scientific name for citrus 

canker. 

DATES: Effective December 8, 2023. 

FOR FURTHER INFORMATION CONTACT: Dr. 

Derek A. Woller, Senior Regulatory 

Policy Specialist, RCC, IRM, PEIP, PPQ, 

APHIS, 4700 River Road, Riverdale, MD 

20737–1228; (480) 490–6454; 

Derek.A.Woller@usda.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

The U.S. Department of Agriculture’s 

Animal and Plant Health Inspection 

Service (APHIS) imposes quarantines on 

citrus products in accordance with the 

regulatory authority provided under the 

Plant Protection Act (PPA or the Act) (7 

U.S.C. 7701 et seq.). Under the Act, 

APHIS may prohibit or restrict the 

importation or interstate movement of 

any plant or plant product if the agency 

determines it is necessary to prevent the 

introduction into the United States or 

dissemination of a plant pest or noxious 

weed within the United States. 

APHIS’ regulations in 7 CFR part 301 

(referred to below as the regulations) 

regulate the interstate movement of 

certain plants, plant parts, and other 

articles from areas of the United States 

quarantined because of citrus canker. 

These regulations are to prevent the 

interstate spread of citrus canker, and 

they are contained in ‘‘Subpart M— 

Citrus Canker’’ (7 CFR 301.75–1 through 

301.75–17). 

Citrus canker is a plant disease caused 

by strains of the bacterium 

Xanthomonas citri subsp. citri. The 

disease is known to affect plants and 

plant parts, including fruit, of citrus and 

citrus relatives (Family Rutaceae). It can 

cause defoliation and other serious 

damage to the leaves and twigs of 

susceptible plants. It may also make the 

fruit of diseased plants unmarketable by 

causing lesions on the fruit. Infected 

fruit may also drop from trees before 

reaching maturity. Some strains of 

Xanthomonas citri. subsp. citri. are 

aggressive and can infect susceptible 

plants rapidly and lead to extensive 

economic losses in commercial citrusproducing areas. 

Current regulations refer to the 

bacterium that causes citrus canker as 

Xanthomonas axonopodis pv. citri; 

however, there has been an 

internationally recognized change in the 

nomenclature. The bacterium should be 

listed as Xanthomonas citri subsp. citri; 

the term Xanthomonas axonopodis pv. 

citri is obsolete and no longer in use. 

Therefore, we are revising the definition 

of citrus canker in § 301.75–1, 

accordingly. 

Paragraph (a) of § 301.75–5 currently 

lists commercial citrus-producing areas 

in the United States. Listed States have 

stated to APHIS that they have 

commercial citrus production in their 

States. The State of Alabama has stated 

to APHIS that it has such production. 

Accordingly, we are adding the State of 

Alabama to this list. 

This recognition will provide the 

State of Alabama with Federal 

protections regarding the interstate 

movement of regulated articles for citrus 

canker that are afforded to the areas 

currently listed in § 301.75–5(a). 

Miscellaneous 

We are also revising the regulations in 

‘‘Subpart M—Citrus Canker’’ to add 

reference to Office of Management and 

Budget (OMB) control number 0579– 

0363 and replace references to 0579– 

0325 and 0579–0369. OMB control 

numbers 0579–0325 and 0579–0369 

were discontinued, and the associated 

activities are currently under 0579– 

0363. 

Effective Date 

This rule updates APHIS’ domestic 

regulations regarding citrus canker in 

order to update the scientific name used 

for citrus canker and to recognize 

Alabama as a commercial citrusproducing State. With regard to the 

former change, the scientific name listed 

in the regulations is obsolete and no 

longer in international taxonomic use. 

With regard to the latter change, APHIS 

updates the regulations in this manner 

whenever a State claims that 

commercial citrus production occurs in 

the State. Because the international 

taxonomic norms are not within APHIS’ 

purview, and because the update to the 

list of commercial citrus-producing 

States is based on a State’s selfdesignation and ensures that the 

regulations align with this designation, 

there is good cause pursuant to 5 U.S.C. 

553 to consider notice and a comment 

period for this rule unnecessary and 

contrary to the public interest and to 

make it effective less than 30 days after 

publication in the Federal Register. 

Further, this action is a category that 

OMB has designated exempt from the 

provisions of Executive Order 12866. 

Finally, this action is not a rule as 

defined by the Regulatory Flexibility 

Act (5 U.S.C. 601 et seq.) and, thus, it 

is exempt from the provisions of that 

Act. 


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