[Federal Register Volume 73, Number 68 (Tuesday, April 8, 2008)]
[Rules and Regulations]
[Page 18944]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-7324]



5 CFR Part 7401

RIN 3209-AA15

Supplemental Standards of Ethical Conduct for Employees of the 
Merit Systems Protection Board

AGENCY: Merit Systems Protection Board (MSPB).

ACTION: Final rule.


SUMMARY: The Merit Systems Protection Board, with the concurrence of 
the Office of Government Ethics (OGE), is adopting as final, without 
change, the interim MSPB rule that supplements the executive-branch-
wide Standards of Ethical Conduct (Standards) issued by OGE and, with 
certain exceptions, requires MSPB employees to obtain approval before 
engaging in outside employment.

DATES: This final rule is effective April 8, 2008.

FOR FURTHER INFORMATION CONTACT: B. Chad Bungard, General Counsel, 
Merit Systems Protection Board, fax: (202) 653-6203; e-mail: 
[email protected].

SUPPLEMENTARY INFORMATION: The MSPB published, with OGE concurrence, an 
interim rule at 72 FR 26533, on May 10, 2007, governing the conduct of 
MSPB employees and requested comments. No comments were received. The 
MSPB has determined, with OGE concurrence, to adopt the interim rule as 
final without change. The interim rule being adopted as final provides 
that an MSPB employee, other than a special Government employee, must 
obtain approval before engaging in outside employment. The rule defines 
outside employment and sets out the procedures for seeking approval. 
The rule also provides that the Designated Agency Ethics Official 
(DAEO) or alternate DAEO may exempt certain categories of employment 
from the prior approval requirement.
    For a detailed section analysis of this final rule, see the 
preamble of the interim rule as published at 72 FR 26533.

Regulatory Flexibility Act

    The MSPB 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 MSPB 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 

Congressional Review Act

    The Merit Systems Protection Board 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 7401

    Conflict of interests, Government employees.

Authority and Issuance

Accordingly, the Merit Systems Protection Board, with the concurrence 
of the Office of Government Ethics, is adopting the interim rule adding 
5 CFR chapter LXIV, consisting of part 7401, which was published at 72 
FR 26533 on May 10, 2007, as a final rule without change.

    Dated: March 19, 2008.
Neil A.G. McPhie,
Chairman, Merit Systems Protection Board.
    Approved: March 31,2008.
Robert I. Cusick,
Director, Office of Government Ethics.
[FR Doc. E8-7324 Filed 4-7-08; 8:45 am]