Federal Register / Vol. 81, No. 24 / Friday, February 5, 2016 / Rules and Regulations 6169 

concurrence. To grant the waiver, the 

FEMA Chief Deputy Ethics Official or 

his or her agency designee must 

determine that the waiver is consistent 

with 5 CFR part 2635 and not otherwise 

prohibited by law; that the prohibition 

is not necessary to avoid the appearance 

of misuse of position or loss of 

impartiality; and that the waiver will 

not undermine the public’s confidence 

in the employee’s impartiality and 

objectivity in administering FEMA 

programs. A waiver under this 

paragraph may impose appropriate 

conditions, such as requiring execution 

of a written disqualification statement. 

§ 4601.106 Additional rules for U.S. 

Immigration and Customs Enforcement 

(ICE) employees. 

The following rules apply to 

employees of ICE, except Special 

Government Employees, and are in 

addition to §§ 4601.101 through 

4601.103 and 4601.107 and 4601.108 of 

this part: 

(a) Prohibitions on outside 

employment and activities. (1) No ICE 

employee shall be employed by or 

engage in activities in support of or on 

behalf of a customs broker; international 

carrier; bonded warehouse; foreign trade 

zone as defined in 15 CFR 400.2; 

cartman; law firm engaged in the 

practice of customs, immigration or 

agriculture law; entity engaged in the 

enforcement of customs, immigration or 

agriculture law; importation department 

of a business; or business or other entity 

which engages in agriculture matters 

where such agriculture matters relate to 

ICE’s mission. 

(2) No ICE employee shall, in any 

private capacity, engage in employment 

or a business activity related to the 

importation or exportation of 

merchandise or agricultural products 

requiring inspection (other than a 

personal, routine consumer transaction 

unrelated to the operation of a 

business), or the entry of persons into or 

the departure of persons from the 

United States. 

(3) No ICE employee shall engage in 

outside employment or activities for a 

non-profit or other organization that 

involve assisting persons with matters 

related to the entry of persons or 

merchandise into or the departure of 

persons or merchandise from the United 

States, or matters related to obtaining 

temporary or permanent residency, 

citizenship, adjustment of status, or 

other immigration-related benefits. 

(b) Restrictions arising from 

employment of spouse, relatives, 

members of the employee’s household, 

or financial dependents. (1) An ICE 

employee shall notify in writing his or 

her agency designee when any of the 

following circumstances exist: 

(i) The spouse of the ICE employee is 

employed in a position that the ICE 

employee would be prohibited from 

occupying by paragraph (a) of this 

section; 

(ii) A relative (as defined in 5 CFR 

2634.105(o)) who is financially 

dependent on or who is a member of the 

household of the ICE employee is 

employed in a position that the ICE 

employee would be prohibited from 

occupying by paragraph (a) of this 

section; or 

(iii) Any person, other than the 

spouse or relative of the ICE employee, 

who is financially dependent on or who 

is a member of the household of the ICE 

employee, is employed in a position 

that the ICE employee would be 

prohibited from occupying by paragraph 

(a) of this section. 

(2) The ICE employee shall be 

disqualified from participating in an 

official capacity in any particular matter 

involving the individuals described in 

paragraph (b)(1) of this section or the 

employer thereof, unless the agency 

designee, with the advice and clearance 

of the ICE Chief Deputy Ethics Official, 

authorizes the ICE employee to 

participate in the matter using the 

standard in 5 CFR 2635.502(d), or the 

waiver provisions in 18 U.S.C. 208(b)(1), 

as appropriate. 

§ 4601.107 Prohibited purchases of 

property. 

(a) General prohibition. Except as 

provided in paragraph (c) of this 

section, no DHS employee may 

purchase, directly or indirectly, 

property that is: 

(1) Owned by the Federal Government 

and under the control of the employee’s 

agency, unless the sale of the property 

is being conducted by the General 

Services Administration; or 

(2) Seized or forfeited under the 

direction or incident to the functions of 

the employee’s agency. 

(b) Designated separate components. 

For purposes of this section, the 

employee’s agency is the relevant 

separate agency component as set forth 

in § 4601.102 of this part. 

(c) Waiver. Employees may make a 

purchase prohibited by paragraph (a) of 

this section where a written waiver of 

the prohibition is issued in advance by 

the agency designee with the clearance 

of the DAEO or his or her designee. A 

waiver may only be granted if it is not 

otherwise prohibited by law or 

regulation and the purchase of the 

property will not cause a reasonable 

person with knowledge of the particular 

circumstances to question the 

employee’s impartiality, or create the 

appearance that the employee has used 

his or her official position or nonpublic 

information for his or her personal gain. 

§ 4601.108 Reporting waste, fraud, abuse, 

and corruption. 

Employees shall disclose waste, fraud, 

abuse, and corruption to appropriate 

authorities, such as the DHS Office of 

Inspector General. 

Jeh Charles Johnson, 

Secretary. 

Walter M. Shaub, Jr., 

Director, U.S. Office of Government Ethics. 

[FR Doc. 2016–01318 Filed 2–4–16; 8:45 am] 

BILLING CODE 9110–9B–P 

FEDERAL DEPOSIT INSURANCE 

CORPORATION 

12 CFR Part 339 

RIN 3064–AE27 

Loans in Areas Having Special Flood 

Hazards 

AGENCY: Federal Deposit Insurance 

Corporation. 

ACTION: Correcting amendment. 

SUMMARY: This document contains a 

correction to the final regulations which 

were published in the Federal Register 

of Tuesday, July 21, 2015 (80 FR 43216). 

The regulations related to Loans in 

Areas Having Special Flood Hazards. 

DATES: Effective February 5, 2016. 

FOR FURTHER INFORMATION CONTACT: 

Navid Choudhury, Counsel, Consumer 

Compliance Section, Legal Division, 

(202) 898–6526 or nchoudhury@

fdic.gov; or John Jackwood, Senior 

Policy Analyst, Division of Depositor 

and Consumer Protection, (202) 898– 

3991or jjackwood@fdic.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

The final regulations that are the 

subject of this correction implement 

certain provisions of the Biggert-Waters 

Flood Insurance Reform Act of 2012 and 

the Homeowner Flood Insurance 

Affordability Act of 2014. 

Need for Correction 

As published, the final regulations 

contain an error which may prove to be 

misleading and needs to be clarified. 

List of Subjects in 12 CFR Part 339 

Flood insurance, Reporting and 

recordkeeping requirements, Savings 

associations. 


Lhorne on DSK5TPTVN1PROD with RULES
6170 Federal Register / Vol. 81, No. 24 / Friday, February 5, 2016 / Rules and Regulations 

1http://www.gpo.gov/fdsys/pkg/FR-2015-10-21/

pdf/2015-26747.pdf 

Accordingly, 12 CFR part 339 is 

corrected by making the following 

amendments: 

PART 339—LOANS IN AREAS HAVING 

SPECIAL FLOOD HAZARDS 

■ 1. The authority citation for part 339 

is added to read as follows: 

Authority: 12 U.S.C. 1462a, 1463, 1464, 

1819 (Tenth), 5412(b)(2)(C) and 42 U.S.C. 

4012a, 4104a, 4104b, 4106, and 4128. 

■ 2. Revise the definition of ‘‘FDICsupervised institution’’ in § 339.2 to 

read as follows: 

§ 339.2 Definitions. 

* * * * * 

FDIC-supervised institution means 

any insured depository institution for 

which the Federal Deposit Insurance 

Corporation is the appropriate Federal 

banking agency pursuant to section 3(q) 

of the Federal Deposit Insurance Act, 12 

U.S.C. 1813(q). 

* * * * * 

Dated: February 2, 2016. 

Federal Deposit Insurance Corporation. 

Robert E. Feldman, 

Executive Secretary. 

[FR Doc. 2016–02236 Filed 2–4–16; 8:45 am] 

BILLING CODE 6714–01–P 

SOCIAL SECURITY ADMINISTRATION 

20 CFR Parts 404 and 416 

[Docket No. SSA–2013–0061] 

RIN 0960–AH64 

Returning Evidence at the Appeals 

Council Level 

AGENCY: Social Security Administration. 

ACTION: Final rule. 

SUMMARY: This final rule adopts the 

notice of proposed rulemaking (NPRM) 

that we published in the Federal 

Register on October 21, 2015. This final 

rule revises our rules regarding 

returning evidence at the Appeals 

Council (AC) level. Under this final 

rule, the AC will no longer return 

additional evidence it receives when the 

AC determines the additional evidence 

does not relate to the period on or before 

the date of the administrative law judge 

(ALJ) decision. 

DATES: Effective Date: This final rule is 

effective February 5, 2016. 

FOR FURTHER INFORMATION CONTACT: 

Maren Weight, Office of Appellate 

Operations, Social Security 

Administration, 5107 Leesburg Pike, 

Falls Church, VA 22041, 703–605–7100. 

For information on eligibility or filing 

for benefits, call our national toll-free 

number, 1–800–772–1213 or TTY 1– 

800–325–0778, or visit our Internet site, 

Social Security Online, at http://

www.socialsecurity.gov. 

SUPPLEMENTARY INFORMATION: This final 

rule adopts the NPRM that we 

published in the Federal Register on 

October 21, 2015.1

Background 

In the NPRM, we provided a 30-day 

comment period, which ended on 

November 20, 2015. We received no 

comments. We explained our reasons 

for proposing the rule which we are 

now adopting as a final rule in the 

preamble to the NPRM (80 FR at 63718– 

63719), and we incorporate that 

discussion here. 

Regulatory Procedures 

Good Cause for Effective Date 

We find good cause for dispensing 

with the 30-day delay in the effective 

date of this final rule. 5 U.S.C. 553(d)(3). 

For the reasons discussed in the 

preamble to the NPRM, we are making 

a minor change to our current rules by 

discontinuing the practice of having the 

AC return additional evidence that it 

receives when the AC determines the 

additional evidence does not relate to 

the period on or before the date of the 

ALJ’s decision. We now use many 

electronic services that make the 

practice of returning evidence 

unnecessary. For example, we now scan 

most of the medical evidence into the 

electronic claim(s) file or appointed 

representatives submit it through our 

Electronic Records Express system. This 

technology immediately uploads 

records into a claimant’s electronic 

folder, making the records available for 

review in real time. As a result, it is 

neither administratively efficient nor 

cost effective for us to print out 

documents that have been submitted to 

us electronically by a claimant or 

appointed representative in order to 

return them to the claimant. 

The change we are making in this 

final rule will allow us to better utilize 

our limited administrative resources. 

For these reasons, we find that it is 

unnecessary and contrary to the public 

interest to delay the effective date of our 

final rule. 

Executive Order 12866 as 

Supplemented by Executive Order 

13563 

We consulted with the Office of 

Management and Budget (OMB) and 

determined that this final rule does not 

meet the criteria for a significant 

regulatory action under Executive Order 

12866 as supplemented by Executive 

Order 13563. Thus, OMB did not review 

the final rule. 

Regulatory Flexibility Act 

We certify that this final rule will not 

have a significant economic impact on 

a substantial number of small entities 

because it applies to individuals only. 

Thus, a regulatory flexibility analysis is 

not required under the Regulatory 

Flexibility Act, as amended. 

Paperwork Reduction Act 

These Final Rules do not create any 

new or affect any existing collections 

and, therefore, do not require Office of 

Management and Budget approval 

under the Paperwork Reduction Act. 

(Catalog of Federal Domestic Assistance 

Program Nos. 96.001, Social Security— 

Disability Insurance; 96.002, Social 

Security—Retirement Insurance; 96.004, 

Social Security—Survivors Insurance; and 

96.006, Supplemental Security Income) 

List of Subjects 

20 CFR Part 404 

Administrative practice and 

procedure; Blind; Disability benefits; 

Old-Age, Survivors, and Disability 

Insurance; Reporting and recordkeeping 

requirements; Social Security. 

20 CFR Part 416 

Administrative practice and 

procedure; Aged, Blind, Disability 

benefits, Public Assistance programs; 

Reporting and recordkeeping 

requirements; Supplemental Security 

Income (SSI). 

Carolyn W. Colvin, 

Acting Commissioner of Social Security. 

For the reasons set forth in the 

preamble, we amend 20 CFR chapter III, 

part 404 and part 416, as set forth 

below: 

PART 404—FEDERAL OLD-AGE, 

SURVIVORS AND DISABILITY 

INSURANCE (1950– ) 

Subpart J—Determinations, 

Administrative Review Process, and 

Reopening of Determinations and 

Decisions 

■ 1. The authority citation for subpart J 

of part 404 continues to read as follows: 

Authority: Secs. 201(j), 204(f), 205(a)–(b), 

(d)–(h), and (j), 221, 223(i), 225, and 702(a)(5) 

of the Social Security Act (42 U.S.C. 401(j), 

404(f), 405(a)–(b), (d)–(h), and (j), 421, 423(i), 

425, and 902(a)(5)); sec. 5, Pub. L. 97–455, 96 

Stat. 2500 (42 U.S.C. 405 note); secs. 5, 6(c)– 


Lhorne on DSK5TPTVN1PROD with RULES