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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

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new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

55941 

Vol. 75, No. 178 

Wednesday, September 15, 2010 

EXPORT-IMPORT BANK OF THE 

UNITED STATES 

5 CFR Part 6201 

12 CFR Part 400 

[Public Notice 2010–31] 

Supplemental Standards of Ethical 

Conduct for Employees of the ExportImport Bank of the United States 

AGENCY: Export-Import Bank of the 

United States (Ex-Im Bank). 

ACTION: Final rule. 

SUMMARY: The Ex-Im Bank, with the 

concurrence of the Office of 

Government Ethics (OGE), is issuing a 

final rule that supplements the 

Standards of Ethical Conduct for 

Employees of the Executive Branch 

(Standards). This final rule adopts prior 

interim regulations as final, with a 

revision deleting a section related to 

prohibited financial interests. This rule 

also adopts as final, without change, the 

Ex-Im Bank’s residual cross-reference 

provision. 

DATES: Effective Date: September 15, 

2010. 

ADDRESSES: Office of the General 

Counsel, Export-Import Bank of the 

United States, 811 Vermont Ave., NW., 

Washington, DC 20571. 

FOR FURTHER INFORMATION CONTACT: 

Faisal B. Siddiqui, Assistant General 

Counsel for Administration, ExportImport Bank of the United States, 

Phone: (202) 565–3435/Fax: (202) 565– 

3563. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On April 7, 1995, Ex-Im Bank, with 

the concurrence of OGE, published an 

interim rule setting forth the 

Supplemental Standards of Ethical 

Conduct for Employees of the ExportImport Bank of the United States—5 

CFR part 6201. See 60 FR 17625–17628. 

It is noted that no comments were 

received in response to the request for 

comments published in the Federal 

Register as part of the interim rule. In 

that rulemaking, Ex-Im Bank also issued 

a residual cross-reference provision in 

place of its older standards of conduct 

at 12 CFR part 400. The Ex-Im Bank, 

with OGE concurrence, now publishes 

as final, with the changes to the interim 

rule noted below, the Supplemental 

Standards of Ethical Conduct for 

Employees of the Export-Import Bank of 

the United States. Ex-Im Bank is also 

publishing as final, without change, its 

residual cross-reference provision. 

II. Analysis of Revisions 

The final rule amends the interim rule 

Ex-Im Bank Supplemental Standards by 

removing the section related to 

prohibited financial interests at 5 CFR 

6201.102, and by re-designating 

§ 6201.103—Prior Approval for Outside 

Employment as § 6201.102. 

In light of over a decade of 

experience, Ex-Im Bank has determined 

that the provisions of § 6201.102 of the 

interim rule that prohibit Ex-Im Bank 

employees who are required to file 

public or confidential financial 

disclosure forms (SF278s or OGE Form 

450s), as well their spouses and 

dependent children, from owning 

specified securities in ‘‘designated 

entities’’ with which Ex-Im Bank 

conducts business are unnecessary 

given the Bank’s practice of screening 

employees for potential financial 

conflicts. 

Ex-Im Bank has determined that its 

implementation of the government-wide 

statutory and regulatory scheme is 

sufficient to ensure that Ex-Im Bank 

employees do not take official agency 

action with regard to prohibited 

financial interests. Ex-Im Bank 

employees will continue to be bound by 

5 CFR 2635.401–2635.403 (Standards of 

Ethical Conduct for the Employees of 

the Executive Branch, Subpart D: 

Conflicting Financial Interests) and 

related statutes and regulations, 

including 18 U.S.C. 208 and 5 CFR part 

2640, with regard to their financial 

interests. 

The revision will not impact Ex-Im 

Bank’s ability to ensure that its 

employees do not engage in conduct 

that violates applicable conflict of 

interest statutes and regulations. Ex-Im 

Bank will continue to utilize its 

participant database—which lists the 

lenders, exporters, suppliers, borrowers 

and buyers that utilize Ex-Im Bank 

programs—to carefully screen all 

financial disclosure reports (both the 

public and confidential reports) and 

maintain regular contact with filers 

regarding the matters in which they are 

working to ensure that no conflicts 

arise. 

Upon determining that an employee 

owns a security or has a financial 

interest that poses a potential conflict of 

interest, Ex-Im Bank’s Designated 

Agency Ethics Official (DAEO) or his 

designated alternate, writes a 

memorandum to the employee advising 

him or her of the potential conflict and 

the applicable law and regulation 

regarding conflicts. If recusal or waiver 

is not appropriate, the employee is 

directed to divest the interest. 

Ex-Im Bank is confident that the 

policy and practices noted above, 

carried out in accordance with the 

government-wide laws and regulations 

governing financial conflicts of interest, 

are a sufficient means of screening for 

and handling conflicts of interest with 

regard to securities ownership and 

ensure that a reasonable person would 

not question the impartiality and 

objectivity with which Ex-Im Bank 

administers its programs. 

III. Matters of Regulatory Procedure 

Administrative Procedure Act 

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

(B), (d)(1) and (d)(3), good cause exists 

for the waiver of a general notice of 

proposed rulemaking, the opportunity 

for public comment, and the 30-day 

delay in effectiveness of this final rule, 

which adopts as final a prior interim 

rule, with revisions. This determination 

is based on the fact that this rulemaking 

applies solely to agency practices and 

procedures, and relieves a restriction on 

certain financial interests of employees 

who file public or confidential financial 

disclosure reports, and their spouses 

and minor children, that Ex-Im Bank 

has determined is no longer needed. It 

is important and in the public interest 

that the revisions take effect as promptly 

as possible. 

Small Business Regulatory Enforcement 

Fairness Act of 1996 

This rule is not a ‘‘major rule,’’ as 

defined by the Small Business 

Regulatory Enforcement Fairness Act of 

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55942 Federal Register / Vol. 75, No. 178 / Wednesday, September 15, 2010 / Rules and Regulations 

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. 5 U.S.C. 804. 

Unfunded Mandates Reform Act 

For the purposes of the Unfunded 

Mandates Reform Act of 1995 (2 U.S.C. 

chapter 25), this rule will not 

significantly or uniquely affect small 

governments and will not result in 

increased expenditures by State, local, 

and tribal governments, or by the 

private sector, of $100 million or more 

(as adjusted for inflation). 

List of Subjects in 5 CFR Part 6201 and 

12 CFR Part 400 

Conflict of interests, Government 

employees. 

Dated: August 25, 2010. 

Jonathan J. Cordone, 

General Counsel, Export-Import Bank of the 

United States. 

Approved: August 30, 2010. 

Robert I. Cusick, 

Director, Office of Government Ethics. 

■ Accordingly, for the reasons set forth 

in the preamble, the Export-Import Bank 

of the United States, with the 

concurrence of the Office of 

Government Ethics, is adopting the 

interim rule, adding 5 CFR part 6201 

and revising 12 CFR part 400, which 

was published at 60 FR 17625–17628, 

April 7, 1995, as a final rule with the 

following changes: 

TITLE 5—ADMINISTRATIVE 

PERSONNEL 

PART 6201—SUPPLEMENTAL 

STANDARDS OF ETHICAL CONDUCT 

FOR EMPLOYEES OF THE EXPORTIMPORT BANK OF THE UNITED 

STATES 

■ 1. The authority citation for part 6201 

is revised to read as follows: 

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, 

2635.803. 

§ 6201.102 [Removed] 

■ 2. Section 6201.102 is removed. 

§ 6201.103 [Redesignated as § 6201.102] 

■ 3. Section 6201.103 is redesignated as 

§ 6201.102. 

[FR Doc. 2010–22410 Filed 9–14–10; 8:45 am] 

BILLING CODE 6690–01–P 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 915 

[Doc. No. AMS–FV–10–0067; FV10–915–1 

IR] 

Avocados Grown in South Florida; 

Increased Assessment Rate 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Interim rule with request for 

comments. 

SUMMARY: This rule increases the 

assessment rate established for the 

Avocado Administrative Committee 

(Committee) for the 2010–11 and 

subsequent fiscal periods from $0.27 to 

$0.37 per 55-pound bushel container of 

Florida avocados handled. The 

Committee locally administers the 

marketing order which regulates the 

handling of avocados grown in South 

Florida. Assessments upon Florida 

avocado handlers are used by the 

Committee to fund reasonable and 

necessary expenses of the program. The 

fiscal period begins April 1 and ends 

March 31. The assessment rate will 

remain in effect indefinitely unless 

modified, suspended, or terminated. 

DATES: Effective September 16, 2010. 

Comments received by November 15, 

2010, will be considered prior to 

issuance of a final rule. 

ADDRESSES: Interested persons are 

invited to submit written comments 

concerning this rule. Comments must be 

sent to the Docket Clerk, Marketing 

Order Administration Branch, Fruit and 

Vegetable Programs, AMS, USDA, 1400 

Independence Avenue, SW., STOP 

0237, Washington, DC 20250–0237; Fax: 

(202) 720–8938; or Internet: http:// 

www.regulations.gov. Comments should 

reference the document number and the 

date and page number of this issue of 

the Federal Register and will be 

available for public inspection in the 

Office of the Docket Clerk during regular 

business hours, or can be viewed at: 

http://www.regulations.gov. All 

comments submitted in response to this 

rule will be included in the record and 

will be made available to the public. 

Please be advised that the identity of the 

individuals or entities submitting the 

comments will be made public on the 

Internet at the address provided above. 

FOR FURTHER INFORMATION CONTACT: 

Doris Jamieson, Marketing Specialist or 

Christian D. Nissen, Regional Manager, 

Southeast Marketing Field Office, 

Marketing Order Administration 

Branch, Fruit and Vegetable Programs, 

AMS, USDA; Telephone: (863) 324– 

3375, Fax: (863) 325–8793, or E-mail: 

Doris.Jamieson@ams.usda.gov or 

Christian.Nissen@ams.usda.gov. 

Small businesses may request 

information on complying with this 

regulation by contacting Antoinette 

Carter, Marketing Order Administration 

Branch, Fruit and Vegetable Programs, 

AMS, USDA, 1400 Independence 

Avenue, SW., STOP 0237, Washington, 

DC 20250–0237; Telephone: (202) 720– 

2491, Fax: (202) 720–8938, or E-mail: 

Antoinette.Carter@ams.usda.gov. 

SUPPLEMENTARY INFORMATION: This rule 

is issued under Marketing Order No. 

915, as amended (7 CFR part 915), 

regulating the handling of avocados 

grown in South Florida, hereinafter 

referred to as the ‘‘order.’’ The order is 

effective under the Agricultural 

Marketing Agreement Act of 1937, as 

amended (7 U.S.C. 601–674), hereinafter 

referred to as the ‘‘Act.’’ 

The Department of Agriculture 

(USDA) is issuing this rule in 

conformance with Executive Order 

12866. 

This rule has been reviewed under 

Executive Order 12988, Civil Justice 

Reform. Under the marketing order now 

in effect, Florida avocado handlers are 

subject to assessments. Funds to 

administer the order are derived from 

such assessments. It is intended that the 

assessment rate as issued herein will be 

applicable to all assessable Florida 

avocados beginning April 1, 2010, and 

continue until amended, suspended, or 

terminated. 

The Act provides that administrative 

proceedings must be exhausted before 

parties may file suit in court. Under 

section 608c(15)(A) of the Act, any 

handler subject to an order may file 

with USDA a petition stating that the 

order, any provision of the order, or any 

obligation imposed in connection with 

the order is not in accordance with law 

and request a modification of the order 

or to be exempted therefrom. Such 

handler is afforded the opportunity for 

a hearing on the petition. After the 

hearing, USDA would rule on the 

petition. The Act provides that the 

district court of the United States in any 

district in which the handler is an 

inhabitant, or has his or her principal 

place of business, has jurisdiction to 

review USDA’s ruling on the petition, 

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