[Federal Register Volume 86, Number 190 (Tuesday, October 5, 2021)]
[Rules and Regulations]
[Page 54851]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-21716]


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FEDERAL MEDIATION AND CONCILIATION SERVICE

29 CFR Part 1400

RIN 3076-AA19


Outside Employment, Business Activities, or Interests Regulation

AGENCY: Federal Mediation and Conciliation Service.

ACTION: Final rule; rescission of regulation.

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SUMMARY: On August 7, 1992, the Office of Government Ethics (OGE) 
published a final rule entitled ``Supplemental Agency Regulations'' 
requiring Federal agencies creating supplemental ethics regulations to 
submit such regulations to OGE for concurrence and joint issuance 
within their regulations. In accordance with ``Supplemental Agency 
Regulations,'' this final rule rescinds the current Federal Mediation 
and Conciliation Service (FMCS) supplemental ethics regulation 
``Outside employment, business activities, or interests''.

DATES: This final rule is effective October 5, 2021.

FOR FURTHER INFORMATION CONTACT: Alisa Silverman, Attorney-Advisor, 
Office of General Counsel, Federal Mediation and Conciliation Service, 
250 E St. SW, Washington, DC 20427; Office/Fax/Mobile 202-606-5488; 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Discussion

    On April 13, 1968, at 33 FR 5765, the Federal Mediation and 
Conciliation Service (FMCS) published a final rule entitled ``Outside 
employment, business activities, and interests.'' This final rule 
implemented ethics regulations concerning outside activities.
    On August 7, 1992, at 57 FR 35042, the Office of Government Ethics 
(OGE) published a rule ``Supplemental Agency Regulations'' requiring 
Federal agencies creating supplemental ethics regulations to submit 
such regulations to OGE for concurrence and joint issuance within title 
5 of the Code of Federal Regulations.
    In accordance with 5 CFR 2635.105, FMCS is working jointly with OGE 
to develop new supplemental agency regulations to be published by OGE 
within title 5 of the Code of Federal Regulations. Therefore, FMCS is 
issuing this final rule, which rescinds the current rule on outside 
employment, business activities, and interests within title 29 of the 
Code of Federal Regulations.

II. Final Rule

    FMCS has determined that this rule is suitable for final 
rulemaking. The revisions to FMCS' policies and requirements 
surrounding outside activities are purely internal matters of agency 
management, as well as the agency's procedure, and practice. 
Accordingly, FMCS is not required to engage in a notice and comment 
process to issue this rule under the Administrative Procedures Act, See 
U.S.C. 553(a)(2), 553(b)(A). Furthermore, because this rule is 
procedural rather than substantive, the normal requirement of 5 U.S.C. 
553(d) that a rule not be effective until at least 30 days after 
publication in the Federal Register is inapplicable. FMCS also finds 
good cause to provide an immediate effective date for this rule because 
it imposes no obligations on parties outside the Federal Government and 
therefore no advance notice is required to enable employers or other 
private parties to come into compliance.

List of Subjects in 29 CFR Part 1400

    Administrative practice and procedure.

    For the reasons discussed in the preamble, and under the authority 
29 U.S.C. 172 of Taft Harley Act of 1947, and 5 U.S.C. 7301, FMCS 
amends 29 CFR chapter XII as follows:

PART 1400--STANDARDS OF CONDUCT, RESPONSIBILITIES, AND DISCIPLINE

0
1. The authority citation for part 1400 continues to read as follows:

    Authority: E.O. 11222, 30 FR 6469, 3 CFR, 1965 Supp.; 5 CFR 
735.104.


Sec.  1400.735-12  [Removed]

0
2. Remove Sec.  1400.735-12.

    Issued in Washington, DC.
Sarah Cudahy,
General Counsel.
[FR Doc. 2021-21716 Filed 10-4-21; 8:45 am]
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