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

57657 

Vol. 75, No. 183 

Wednesday, September 22, 2010 

SPECIAL INSPECTOR GENERAL FOR 

IRAQ RECONSTRUCTION 

5 CFR Part 9201 

Supplemental Standards of Ethical 

Conduct for Employees of the Special 

Inspector General for Iraq 

Reconstruction 

AGENCY: Special Inspector General for 

Iraq Reconstruction. 

ACTION: Final rule. 

SUMMARY: The Special Inspector General 

for Iraq Reconstruction (SIGIR), with the 

concurrence of the Office of 

Government Ethics (OGE), is publishing 

a final regulation for employees of the 

SIGIR that supplements the executivebranch-wide Standards of Ethical 

Conduct (Standards) issued by OGE. 

With certain exceptions, this 

supplemental regulation requires SIGIR 

employees, except special Government 

employees, to obtain approval before 

engaging in outside employment. 

DATES: This final rule is effective 

September 22, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Michael H. Mobbs, Deputy General 

Counsel, Telephone- 703–604–0429; 

e-mail—michael.mobbs@sigir.mil. 

SUPPLEMENTARY INFORMATION: 

Background 

In 1992, OGE published 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 agency-specific supplemental 

regulations that are necessary to 

properly implement their respective 

ethics programs. The SIGIR, with OGE’s 

concurrence, published an interim rule 

in the Federal Register on June 24, 

2010, requesting comments to be 

received by August 23, 2010. The SIGIR 

received no comments. Accordingly, 

SIGIR has adopted the interim rule as 

final. 

Analysis of the Regulations 

Section 9201.101 General 

Section 9201.101 explains that the 

regulations in part 9201 apply to 

employees of the SIGIR and supplement 

the OGE Standards. This section also 

includes cross-references to other 

issuances applicable to SIGIR 

employees, including the regulations 

concerning executive branch financial 

disclosure, financial interests, and 

employee responsibilities and conduct, 

as well as implementing SIGIR guidance 

and procedures issued in accordance 

with OGE Standards. 

Section 9201.102 Prior Approval for 

Outside Employment and Other Outside 

Activities 

In accordance with 5 CFR 2635.803, 

the SIGIR has determined it is necessary 

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 9201.102(a) provides that a 

SIGIR 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 SIGIR 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 9201.102(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 the discharge 

of official duties. It includes writing 

when done under an arrangement with 

another person or entry for production 

or publication of the written product. It 

does not, however, include participation 

in the activities of non-profit charitable, 

religious, professional, social, fraternal, 

educational, recreational, public service, 

or civic organizations, unless such 

activities are for compensation other 

than reimbursement of expense, 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 an 

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 § 9201.102 

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 

employee’s appointment in addition to 

the regulatory approval required in 

§ 9201.102. 

Section 9201.102(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. 


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57658 Federal Register / Vol. 75, No. 183 / Wednesday, September 22, 2010 / Rules and Regulations 

Section 9201.102(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 9201.102(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 9201.102(e) provides that the 

SIGIR 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 SIGIR 

found good cause existed for waiving 

the general notice of proposed 

rulemaking and opportunity for public 

comment as to the interim rule. Notice 

and comment before the effective date 

were waived because the rule concerns 

matters of agency organization, practice 

and procedure. Written comments were 

invited to be submitted prior to August 

24, 2010, 60 days after the publication 

of the interim rule; however no 

comments were received. 

Executive Orders 12866 and 12988 

Because this rule relates to SIGIR 

personnel, it is exempt from the 

provisions of Executive Orders Nos. 

12866 and 12988. 

Regulatory Flexibility Act 

SIGIR 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 SIGIR 

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 

SIGIR 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 9201 

Conflict of interest, Government 

employees. 

■ Accordingly, for the reasons set forth 

in the preamble, the Special Inspector 

General for Iraq Reconstruction, with 

the concurrence of the Office of 

Government Ethics, is adopting the 

interim rule published at 75 FR 35957 

on June 24, 2010, as final without 

change. 

Stuart W. Bowen, Jr., 

Special Inspector General for Iraq 

Reconstruction. 

Approved: June 10, 2010. 

Robert I. Cusick, 

Director, Office of Government Ethics. 

[FR Doc. 2010–23564 Filed 9–21–10; 8:45 am] 

BILLING CODE 3710–8N–P 

DEPARTMENT OF AGRICULTURE 

Animal and Plant Health Inspection 

Service 

9 CFR Parts 91 and 162 

[Docket No. APHIS-2006-0093] 

RIN 0579-AC04 

National Veterinary Accreditation 

Program; Correcting Amendment 

AGENCY: Animal and Plant Health 

Inspection Service, USDA. 

ACTION: Final rule; correcting 

amendment. 

SUMMARY: In a final rule that was 

published in the Federal Register on 

December 9, 2009 (74 FR 64998-65013, 

Docket No. APHIS-2006-0093), and 

effective on February 1, 2010, we 

amended the National Veterinary 

Accreditation Program regulations, 

adding new provisions and reorganizing 

others. In that final rule, we 

redesignated the section containing the 

standards for performing accredited 

veterinarian duties, but we neglected to 

update citations of that section 

elsewhere in 9 CFR chapter I. This 

document corrects those errors. 

EFFECTIVE DATE: September 22, 2010. 

FOR FURTHER INFORMATION CONTACT: Dr. 

Todd Behre, National Veterinary 

Accreditation Program, VS, APHIS, 

4700 River Road Unit 200, Riverdale, 

MD 20737; (301) 851-3401. 

SUPPLEMENTARY INFORMATION: 

Background 

In a final rule that was published in 

the Federal Register on December 9, 

2009 (74 FR 64998-65013, Docket 

No. APHIS-2006-0093), and effective on 

February 1, 2010, we amended the 

National Veterinary Accreditation 

Program (NVAP) regulations, adding 

new provisions and reorganizing others. 

As part of the reorganization, we 

redesignated what had been § 161.3, 

‘‘Standards for performing accredited 

duties,’’ as § 161.4. However, we 

neglected to update two references to 

§ 161.3 elsewhere in the NVAP 

regulations, specifically in § 162.11 and 

paragraph (a) of § 162.12. In addition, 

paragraph (a) of 9 CFR 91.3, which 

discusses general export requirements 

for livestock, refers to certification of 

test results in accordance with 

paragraph (k) of § 161.3. This document 

corrects those citations to refer instead 

to § 161.4. 

List of Subjects 

9 CFR Part 91 

Animal diseases, Animal welfare, 

Exports, Livestock, Reporting and 

recordkeeping requirements, 

Transportation. 

9 CFR Part 162 

Administrative practice and 

procedure, Veterinarians. 

■ Accordingly, we are amending 9 CFR 

parts 91 and 162 as follows: 

PART 91—INSPECTION AND 

HANDLING OF LIVESTOCK FOR 

EXPORTATION 

■ 1. The authority citation for part 91 

continues to read as follows: 

Authority: 7 U.S.C. 8301-8317; 19 U.S.C. 

1644a(c); 21 U.S.C. 136, 136a, and 618; 

46 U.S.C. 3901 and 3902; 7 CFR 2.22, 2.80, 

and 371.4. 

§ 91.3 [Amended] 

■ 2. In § 91.3, paragraph (a) is amended 

by removing the citation ‘‘§ 161.3(k)’’ 

and adding the citation ‘‘§ 161.4(k)’’ in 

its place. 

PART 162—RULES OF PRACTICE 

GOVERNING REVOCATION OR 

SUSPENSION OF VETERINARIANS’ 

ACCREDITATION 

■ 3. The authority citation for part 162 

continues to read as follows: 

Authority: 8301-8317; 15 U.S.C. 1828; 

7 CFR 2.22, 2.80, and 371.4. 

§ 162.11 [Amended] 

■ 4. Section 162.11 is amended by 

removing the citation ‘‘§ 161.3’’ and 

adding the citation ‘‘§ 161.4’’ in its place. 


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