80 FR 56893 - Post-Employment Conflict of Interest Restrictions; Revision of Departmental Component Designations

OFFICE OF GOVERNMENT ETHICS

Federal Register Volume 80, Issue 182 (September 21, 2015)

Page Range		56893-56894
FR Document		2015-23560

The U.S. Office of Government Ethics (OGE) is issuing this rule to revoke the designation, for purposes of the one-year post- employment conflict of interest restriction in the United States Code, of an agency departmental component that was abolished.

Federal Register, Volume 80 Issue 182 (Monday, September 21, 2015)

[Federal Register Volume 80, Number 182 (Monday, September 21, 2015)]
[Rules and Regulations]
[Pages 56893-56894]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-23560]


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OFFICE OF GOVERNMENT ETHICS

5 CFR Part 2641

RIN 3209-AA14


Post-Employment Conflict of Interest Restrictions; Revision of 
Departmental Component Designations

AGENCY: Office of Government Ethics.

ACTION: Final rule.

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SUMMARY: The U.S. Office of Government Ethics (OGE) is issuing this 
rule to revoke the designation, for purposes of the one-year post-
employment conflict of interest restriction in the United States Code, 
of an agency departmental component that was abolished.

DATES: Effective December 21, 2015.

FOR FURTHER INFORMATION CONTACT: Kimberly L. Sikora Panza, Assistant 
Counsel, General Counsel and Legal Policy Division, Office of 
Government Ethics, Telephone: 202-482-9300; TTY: 800-877-8339; FAX: 
202-482-9237.

SUPPLEMENTARY INFORMATION: 

A. Substantive Discussion: Revocation of Departmental Component

    The Director of OGE (Director) is authorized by 18 U.S.C. 207(h) to 
designate distinct and separate departmental or agency components in 
the executive branch for purposes of 18 U.S.C. 207(c). The 
representational bar of 18 U.S.C. 207(c) usually extends to the whole 
of any department or agency in which a former senior employee served in 
any capacity during the year prior to termination from a senior 
employee position. However, 18 U.S.C. 207(h) provides that whenever the 
Director determines that an agency or bureau within a department or 
agency in the executive branch exercises functions which are distinct 
and separate from the remaining functions of the department or agency 
and there exists no potential for use of undue influence or unfair 
advantage based on past Government service, the Director shall by rule 
designate such agency or bureau as a separate component of that 
department or agency. As a result, a former senior employee who served 
in a ``parent'' department or agency is not barred by 18 U.S.C. 207(c) 
from making communications to or appearances before any employees of 
any designated component of that parent, but is barred as to employees 
of that parent or of other components that have not been separately 
designated. Moreover, a former senior employee who served in a 
designated component of a parent department or agency is barred from 
communicating to or making an appearance before any employee of that 
component, but is not barred as to any employee of the parent, of 
another designated component, or of any other agency or bureau of the 
parent that has not been designated.
    Under 18 U.S.C. 207(h)(2), component designations do not apply to 
persons employed at a rate of pay specified in or fixed according to 
subchapter II of 5 U.S.C. chapter 53 (the Executive Schedule). 
Component designations are listed in appendix B to 5 CFR part 2641.
    The Director regularly reviews the component designations and 
determinations and, in consultation with the department or agency 
concerned, makes such additions and deletions as are necessary. 
Specifically, the Director ``shall, by rule, make or revoke a component 
designation after considering the recommendation of the designated 
agency ethics official.'' 5 CFR 2641.302(e)(3). Before designating an 
agency component as distinct and separate for purposes of 18 U.S.C. 
207(c), the Director must find that there exists no potential for use 
of undue influence or unfair advantage based on past Government 
service, and that the component is an agency or bureau, within a parent 
agency, that exercises functions which are distinct and separate from 
the functions of the parent agency and from the functions of other

[[Page 56894]]

components of that parent. 5 CFR 2641.302(c)(1).
    Pursuant to the procedures prescribed in 5 CFR 2641.302(e), one 
department forwarded a written request to OGE to amend its listing in 
appendix B. After carefully reviewing the requested change in light of 
the criteria in 18 U.S.C. 207(h) as implemented in 5 CFR 2641.302(c), 
the Director has determined to grant this request and amend appendix B 
to 5 CFR part 2641 as explained below.
    The Department of the Interior (DOI) has requested that OGE remove 
the Minerals Management Service (MMS) from its list of component 
designations. Pursuant to DOI Secretarial Order No. 3299 dated May 19, 
2010, the Secretary of the Interior divided MMS into three independent 
entities and MMS ceased to exist, effective that same date. Because MMS 
no longer exists, the Director is granting the request of the 
Department of the Interior and is amending the Department of the 
Interior listing in appendix B to part 2641 to remove MMS from the 
component designation list.
    As indicated in 5 CFR 2641.302(f), revocation is effective 90 days 
after the effective date of the rule that revokes the designation. 
Accordingly, the component designation revocation made in this 
rulemaking will take effect December 21, 2015. Revocations are not 
effective as to any individual terminating senior service prior to the 
expiration of the 90-day period.

B. Matters of Regulatory Procedure

Regulatory Flexibility Act

    As Director of OGE, I certify under the Regulatory Flexibility Act 
(5 U.S.C. chapter 6) that this final rule will not have a significant 
economic impact on a substantial number of small entities because it 
affects only Federal departments and agencies and current and former 
Federal employees.

Paperwork Reduction Act

    The Paperwork Reduction Act (44 U.S.C. chapter 35) does not apply 
to this final rule because it does not contain information collection 
requirements that require the approval of the Office of Management and 
Budget.

Unfunded Mandates Reform Act

    For purposes of the Unfunded Mandates Reform Act of 1995 (2 U.S.C. 
chapter 25, subchapter II), this final rule will not significantly or 
uniquely affect small governments and will not result in increased 
expenditures by State, local and tribal governments, in the aggregate, 
or by the private sector, of $100 million or more (as adjusted for 
inflation) in any one year.

Congressional Review Act

    OGE has determined that this rulemaking involves a non-major rule 
under the Congressional Review Act (5 U.S.C. chapter 8) and will submit 
a report thereon to the U.S. Senate, House of Representatives and 
Government Accountability Office in accordance with that law at the 
same time this rulemaking document is sent to the Office of the Federal 
Register for publication in the Federal Register.

Regulatory Planning and Review (Executive Orders 12866 & 13563)

    In promulgating this final rule, OGE has adhered to the regulatory 
philosophy and the applicable principles of regulation set forth in 
Executive Orders 12866 and 13563. This rule has not been reviewed by 
the Office of Management and Budget because it deals with agency 
organization, management, and personnel matters and is not 
``significant'' for purposes of Executive Order 12866.

Executive Order 12988

    As Director of OGE, I have reviewed this final rule in light of 
section 3 of Executive Order 12988, Civil Justice Reform, and certify 
that it meets the applicable standards provided therein.

List of Subjects in 5 CFR Part 2641

    Conflict of interests, Government employees.

    Approved: September 14, 2015.
Walter M. Shaub, Jr.,
Director, Office of Government Ethics.

    Accordingly, for the reasons set forth in the preamble, OGE is 
amending 5 CFR part 2641 as follows:

PART 2641--POST-EMPLOYMENT CONFLICT OF INTEREST RESTRICTIONS

0
1. The authority citation for part 2641 continues to read as follows:

    Authority:  5 U.S.C. app. (Ethics in Government Act of 1978); 18 
U.S.C. 207; E.O. 12674, 54 FR 15159, 3 CFR, 1989 Comp., p. 215, as 
modified by E.O. 12731, 55 FR 42547, 3 CFR, 1990 Comp., p. 306.

Appendix B to Part 2641 [Amended]

0
2. Appendix B to part 2641 is amended by removing the Minerals 
Management Service from the listing for the Department of the Interior.
[FR Doc. 2015-23560 Filed 9-18-15; 8:45 am]
 BILLING CODE 6345-03-P

56893

Rules and Regulations Federal Register
Vol. 80, No. 182

Monday, September 21, 2015

This section of the FEDERAL REGISTER Regulatory Findings employee position. However, 18 U.S.C.
contains regulatory documents having general 207(h) provides that whenever the
For the regulatory findings regarding
applicability and legal effect, most of which Director determines that an agency or
are keyed to and codified in the Code of this rulemaking, please refer to the
analysis prepared by OIRA in the bureau within a department or agency
Federal Regulations, which is published under in the executive branch exercises
50 titles pursuant to 44 U.S.C. 1510. interim final rule, which is incorporated
herein. 79 FR at 75876. functions which are distinct and
The Code of Federal Regulations is sold by separate from the remaining functions of
■ Accordingly, the interim rule adding
the Superintendent of Documents. Prices of the department or agency and there
2 CFR part 3187 and amending 45 CFR
new books are listed in the first FEDERAL exists no potential for use of undue
REGISTER issue of each week.
parts 1180 and 1183, which was
influence or unfair advantage based on
published at 79 FR 75871 on December
past Government service, the Director
19, 2014, is adopted as a final rule
shall by rule designate such agency or
NATIONAL FOUNDATION ON THE without change.
bureau as a separate component of that
ARTS AND THE HUMANITIES Signed: September 14, 2015. department or agency. As a result, a
Andrew Christopher, former senior employee who served in
Institute of Museum and Library Associate General Counsel. a ‘‘parent’’ department or agency is not
Services barred by 18 U.S.C. 207(c) from making
[FR Doc. 2015–23407 Filed 9–18–15; 8:45 am]
BILLING CODE 7036–01–P communications to or appearances
2 CFR Part 3187 before any employees of any designated
component of that parent, but is barred
45 CFR Parts 1180 and 1183 as to employees of that parent or of
OFFICE OF GOVERNMENT ETHICS
other components that have not been
RIN 3137–AA24 5 CFR Part 2641 separately designated. Moreover, a
former senior employee who served in
Uniform Administrative Requirements, RIN 3209–AA14
a designated component of a parent
Cost Principles, and Audit department or agency is barred from
Requirements for Federal Awards Post-Employment Conflict of Interest
Restrictions; Revision of Departmental communicating to or making an
AGENCY: Institute of Museum and Component Designations appearance before any employee of that
Library Services (IMLS), NFAH. component, but is not barred as to any
AGENCY: Office of Government Ethics. employee of the parent, of another
ACTION: Final rule.
ACTION: Final rule. designated component, or of any other
SUMMARY: The Institute of Museum and agency or bureau of the parent that has
SUMMARY: The U.S. Office of not been designated.
Library Services (‘‘IMLS’’) finalizes its Government Ethics (OGE) is issuing this
portion of the uniform federal assistance Under 18 U.S.C. 207(h)(2), component
rule to revoke the designation, for designations do not apply to persons
rule published by the Office of purposes of the one-year post-
Management and Budget. employed at a rate of pay specified in
employment conflict of interest or fixed according to subchapter II of 5
DATES: This rule is effective on restriction in the United States Code, of U.S.C. chapter 53 (the Executive
September 21, 2015. an agency departmental component that Schedule). Component designations are
FOR FURTHER INFORMATION CONTACT: was abolished. listed in appendix B to 5 CFR part 2641.
Calvin D. Trowbridge III, Deputy DATES: Effective December 21, 2015. The Director regularly reviews the
General Counsel, Institute of Museum FOR FURTHER INFORMATION CONTACT: component designations and
and Library Services, 1800 M Street Kimberly L. Sikora Panza, Assistant determinations and, in consultation
NW., 9th Floor, Washington, DC 20036. Counsel, General Counsel and Legal with the department or agency
Email: ctrowbridge@imls.gov. Policy Division, Office of Government concerned, makes such additions and
Telephone: (202) 653–4675. Facsimile: Ethics, Telephone: 202–482–9300; TTY: deletions as are necessary. Specifically,
(202) 653–4610. 800–877–8339; FAX: 202–482–9237. the Director ‘‘shall, by rule, make or
SUPPLEMENTARY INFORMATION: On SUPPLEMENTARY INFORMATION: revoke a component designation after
December 19, 2014, the Office of considering the recommendation of the
Management and Budget published an A. Substantive Discussion: Revocation designated agency ethics official.’’ 5
interim final rule that provided of Departmental Component CFR 2641.302(e)(3). Before designating
comprehensive modifications to the The Director of OGE (Director) is an agency component as distinct and
principles and requirements for federal authorized by 18 U.S.C. 207(h) to separate for purposes of 18 U.S.C.
awards. 79 FR 75871. The uniform rules designate distinct and separate 207(c), the Director must find that there
were published as 2 CFR part 200. As departmental or agency components in exists no potential for use of undue
part of that rulemaking, IMLS adopted the executive branch for purposes of 18 influence or unfair advantage based on
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part 200, along with an agency-specific U.S.C. 207(c). The representational bar past Government service, and that the
addendum in a new part 3187. of 18 U.S.C. 207(c) usually extends to component is an agency or bureau,
IMLS received no relevant comments the whole of any department or agency within a parent agency, that exercises
in response to the rule. Therefore, 2 CFR in which a former senior employee functions which are distinct and
part 3187, as described in the interim served in any capacity during the year separate from the functions of the parent
final rule, is adopted with no changes. prior to termination from a senior agency and from the functions of other

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56894 Federal Register / Vol. 80, No. 182 / Monday, September 21, 2015 / Rules and Regulations

components of that parent. 5 CFR or more (as adjusted for inflation) in any DEPARTMENT OF ENERGY
2641.302(c)(1). one year.
Pursuant to the procedures prescribed 10 CFR Part 431
Congressional Review Act
in 5 CFR 2641.302(e), one department [Docket Number EERE–2012–BT–STD–
forwarded a written request to OGE to OGE has determined that this 0029]
amend its listing in appendix B. After rulemaking involves a non-major rule
carefully reviewing the requested RIN 1904–AC82
under the Congressional Review Act (5
change in light of the criteria in 18 U.S.C. chapter 8) and will submit a Energy Conservation Program: Energy
U.S.C. 207(h) as implemented in 5 CFR report thereon to the U.S. Senate, House Conservation Standards for Packaged
2641.302(c), the Director has of Representatives and Government Terminal Air Conditioners and
determined to grant this request and Accountability Office in accordance Packaged Terminal Heat Pumps;
amend appendix B to 5 CFR part 2641 with that law at the same time this Correction
as explained below. rulemaking document is sent to the
The Department of the Interior (DOI) Office of the Federal Register for AGENCY: Office of Energy Efficiency and
has requested that OGE remove the publication in the Federal Register. Renewable Energy, Department of
Minerals Management Service (MMS) Energy.
from its list of component designations. Regulatory Planning and Review ACTION: Final rule; correction.
Pursuant to DOI Secretarial Order No. (Executive Orders 12866 & 13563)
3299 dated May 19, 2010, the Secretary SUMMARY: On July 21, 2015, the U.S.
In promulgating this final rule, OGE Department of Energy published a final
of the Interior divided MMS into three has adhered to the regulatory
independent entities and MMS ceased rule amending energy conservation
philosophy and the applicable standards for packaged terminal air
to exist, effective that same date. principles of regulation set forth in
Because MMS no longer exists, the conditioners and packaged terminal
Executive Orders 12866 and 13563. This heat pumps. 80 FR 43162. This
Director is granting the request of the rule has not been reviewed by the Office
Department of the Interior and is correction addresses a table labeling
of Management and Budget because it error in that final rule.
amending the Department of the Interior deals with agency organization,
listing in appendix B to part 2641 to DATES: Effective Date: September 21,
management, and personnel matters and 2015.
remove MMS from the component is not ‘‘significant’’ for purposes of
designation list. Executive Order 12866. FOR FURTHER INFORMATION CONTACT: Mr.
As indicated in 5 CFR 2641.302(f), John Cymbalsky, U.S. Department of
revocation is effective 90 days after the Executive Order 12988 Energy, Office of Energy Efficiency and
effective date of the rule that revokes the Renewable Energy, Building
designation. Accordingly, the As Director of OGE, I have reviewed
this final rule in light of section 3 of Technologies Office, Mailstop EE–5B,
component designation revocation made 1000 Independence Avenue SW.,
in this rulemaking will take effect Executive Order 12988, Civil Justice
Reform, and certify that it meets the Washington, DC 20585–0121.
December 21, 2015. Revocations are not Telephone: (202) 586–0371. Email:
effective as to any individual applicable standards provided therein.
pachaged_terminal_equipement@
terminating senior service prior to the List of Subjects in 5 CFR Part 2641 ee.doe.gov.
expiration of the 90-day period. Jennifer Tiedeman, U.S. Department
Conflict of interests, Government of Energy, Office of the General Counsel,
B. Matters of Regulatory Procedure employees. GC–33, 1000 Independence Avenue
Regulatory Flexibility Act Approved: September 14, 2015. SW., Washington, DC 20585–0121.
As Director of OGE, I certify under the Walter M. Shaub, Jr., Telephone: (202) 287–6111. Email:
Regulatory Flexibility Act (5 U.S.C. Director, Office of Government Ethics. Jennifer.Tiedeman@hq.doe.gov.
chapter 6) that this final rule will not SUPPLEMENTARY INFORMATION: The U.S.
have a significant economic impact on Accordingly, for the reasons set forth Department of Energy (DOE) published
a substantial number of small entities in the preamble, OGE is amending 5 a final rule in the Federal Register on
because it affects only Federal CFR part 2641 as follows: July 21, 2015 (‘‘the July 2015 final rule’’)
departments and agencies and current amending energy conservation
PART 2641—POST-EMPLOYMENT standards for packaged terminal air
and former Federal employees. CONFLICT OF INTEREST conditioners and packaged terminal
Paperwork Reduction Act RESTRICTIONS heat pumps 80 FR 43162. This
The Paperwork Reduction Act (44 correction addresses a table labeling
U.S.C. chapter 35) does not apply to this ■ 1. The authority citation for part 2641 error in the regulatory text of the July
final rule because it does not contain continues to read as follows: 2015 final rule. The instruction
information collection requirements that Authority: 5 U.S.C. app. (Ethics in amending 10 CFR 431.97 in that rule
require the approval of the Office of Government Act of 1978); 18 U.S.C. 207; E.O. revised paragraph (c) and incorrectly
Management and Budget. 12674, 54 FR 15159, 3 CFR, 1989 Comp., p. referenced the tables within as tables 4
215, as modified by E.O. 12731, 55 FR 42547, and 5. This instruction put the table
Unfunded Mandates Reform Act 3 CFR, 1990 Comp., p. 306. numbers in conflict with a previous
For purposes of the Unfunded Appendix B to Part 2641 [Amended] amendment of July 17, 2015, which
Mandates Reform Act of 1995 (2 U.S.C. incorporated table 4 into paragraph (b).
rmajette on DSK7SPTVN1PROD with RULES

chapter 25, subchapter II), this final rule ■ 2. Appendix B to part 2641 is 80 FR 42614. The substance of the tables
will not significantly or uniquely affect amended by removing the Minerals is correct, however, and is to be
small governments and will not result in Management Service from the listing for retained. In order to remedy this error,
increased expenditures by State, local the Department of the Interior. DOE is issuing a final rule correction to
and tribal governments, in the aggregate, [FR Doc. 2015–23560 Filed 9–18–15; 8:45 am] eliminate any table number conflicts, as
or by the private sector, of $100 million BILLING CODE 6345–03–P set forth below.

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Document Created: 2015-12-15 09:38:43
Document Modified: 2015-12-15 09:38:43

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Final rule.
Dates		Effective December 21, 2015.
Contact		Kimberly L. Sikora Panza, Assistant Counsel, General Counsel and Legal Policy Division, Office of Government Ethics, Telephone: 202-482-9300; TTY: 800-877-8339; FAX: 202-482-9237.
FR Citation		80 FR 56893
RIN Number		3209-AA14
CFR Associated		Conflict of Interests and Government Employees