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Federal Register / Vol. 86, No. 106 / Friday, June 4, 2021 / Rules and Regulations
responsibilities and conduct contained in 5 CFR part 735.
10201.102 Prior approval for outside employment or activity.

a General requirement. Before engaging in any outside employment or activity, whether or not for compensation, an OSC employee must obtain written approval from the Designated Agency Ethics Official DAEO or the Alternate Designated Agency Ethics Official ADAEO, except to the extent that OSC has issued an internal instruction pursuant to paragraph d of this section exempting certain employment or activities from this requirement.
Note 1 to paragraph a. 18 U.S.C.
203d and 205e require special approval for certain representational activities in claims against the Federal Government and other matters affecting the interests of the government.
b Definition of outside employment or activity. For purposes of this section, outside employment or activity means any form of non-Federal employment or business relationship involving the provision of services by the employee, whether for compensation or not for compensation.
It includes, but is not limited to, serving as an officer, director, employee, agent, attorney, consultant, contractor, general partner, trustee, or teacher. The definition does not include participation in the activities of a nonprofit charitable, religious, professional, social, fraternal, educational, recreational, public service, or civic organization unless such activities involve the provision of professional services or advice, or are for compensation other than reimbursement of expenses.
Note 2 to paragraph b. Employees who wish to engage in compensated speaking or writing in a personal capacity are subject to, among other things, the provisions of 5 CFR 2635.703
concerning use of nonpublic information and 5 CFR 2635.807
concerning receipt of compensation for teaching, speaking, and writing related to ones duties, and are encouraged to seek guidance from an agency ethics official before engaging in such activities. Certain covered non-career employees are also subject to further restrictions on receipt of outside compensation pursuant to section 502 of the Ethics in Government Act 5 U.S.C.
app.. In addition, OSC attorneys should consult their applicable state bar rules of professional conduct.
c Standard for approval. Approval shall be granted by the DAEO or ADAEO upon a determination that the
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outside employment or activity is not expected to involve conduct prohibited by statute or Federal regulation, including 5 CFR part 2635.
d Implementation guidance. The DAEO or ADAEO may issue internal instructions governing the submission of requests for approval of outside employment or activity. The instructions may exempt categories of employment or activities from the prior approval requirement of this section based on a determination that those categories generally would be approved and are not likely to involve prohibited conduct or create an appearance of lack of impartiality.
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DEPARTMENT OF ENERGY
10 CFR Part 1061
RIN 1990AA50

Procedures for the Issuance of Guidance Documents Office of General Counsel, Department of Energy.
ACTION: Final rule; withdrawal.
AGENCY:

In accordance with an Executive Order issued by the President on January 20, 2021, and for the reasons explained in the preamble of this final rule, the Department of Energy DOE or the Department withdraws the Departments final rule on guidance implementing the Executive Order Promoting the Rule of Law Through Improved Agency Guidance Documents.

SUMMARY:

As of June 4, 2021, the final rule published January 6, 2021 at 86 FR 451, effective February 5, 2021, delayed February 2, 2021, until March 21, 2021, at 86 FR 7799, and delayed March 19, 2021, until June 17, 2021, at 86 FR
14807, is withdrawn.
ADDRESSES: The docket for this rulemaking, which includes Federal Register notices, comments, and other supporting documents/materials, is available for review at https
www.regulations.gov. All documents in the docket are listed in the https
www.regulations.gov index. However, some documents listed in the index, such as those containing information that is exempt from public disclosure, may not be publicly available.
The docket web page can be found at https www.regulations.gov/ associated with RIN 1990AA50. The docket web page contains simple instructions on how to access all documents, including DATES:

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public comments, in the docket. See the section on Public Participation for information on how to submit comments through https
www.regulations.gov.
Mr.
Matthew Ring, U.S. Department of Energy, Office of the General Counsel, Forrestal Building, GC33, 1000
Independence Avenue SW, Washington, DC 20585, 202 5862555, Email:
Guidance@hq.doe.gov.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:

I. Background On July 1, 2020, DOE published a notice of proposed rulemaking NOPR
in which DOE proposed a new part 1061
in title 10 of the Code of Federal Regulations to implement the requirements of Executive Order 13891, Promoting the Rule of Law Through Improved Agency Guidance Documents 84 FR 55235.1 85 FR
39495 After considering comments from stakeholders on the NOPR, DOE
published a final rule, on January 6, 2021, establishing new 10 CFR part 1061. 86 FR 451 As required by Executive Order 13891, part 1061
contained internal DOE requirements for the contents of guidance documents, procedures for providing notice of, and soliciting public comment on, certain guidance documents, and procedures for the public to petition for the issuance, withdrawal or revision of guidance documents.
On January 20, 2021, the President issued Executive Order 13992, Revocation of Certain Executive Orders Concerning Federal Regulation 86 FR
7049, which, among other things, revoked Executive Order 13891 and directed agencies to promptly take steps to rescind any orders, rules, regulations, guidelines, or policies, or portions thereof, implementing or enforcing the Executive Order 13891. Executive Order 13992 states that it is the policy of the Administration to use available tools to confront the urgent challenges facing the Nation, including the coronavirus disease 2019 COVID19 pandemic, economic recovery, racial justice, and climate change. To tackle these challenges effectively, executive departments and agencies must be equipped with the flexibility to use robust regulatory action to address national priorities.
1 In the NOPR, DOE also responded to a petition for rulemaking submitted by the New Civil Liberties Alliance NCLA asking DOE to initiate a rulemaking to prohibit any DOE component from issuing, relying on, or defending improper agency guidance. DOE granted the petition in part and denied it in part. 85 FR 39497

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