81_FR_76500 81 FR 76288 - Supplemental Standards of Ethical Conduct for Employees of the Department of the Interior

81 FR 76288 - Supplemental Standards of Ethical Conduct for Employees of the Department of the Interior

DEPARTMENT OF THE INTERIOR

Federal Register Volume 81, Issue 212 (November 2, 2016)

Page Range76288-76290
FR Document2016-26458

The Department of the Interior (DOI), with the concurrence of the Office of Government Ethics (OGE), is amending the Supplemental Standards of Ethical Conduct for Employees of the Department of the Interior (Supplemental Standards). The Supplemental Standards apply only to DOI personnel and augment the Standards of Ethical Conduct for Employees of the Executive Branch (OGE Standards). This direct final rule amends portions of the Supplemental Standards to account for the current DOI structure resulting from organizational changes that established new bureaus and an office within DOI.

Federal Register, Volume 81 Issue 212 (Wednesday, November 2, 2016)
[Federal Register Volume 81, Number 212 (Wednesday, November 2, 2016)]
[Rules and Regulations]
[Pages 76288-76290]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-26458]


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DEPARTMENT OF THE INTERIOR

5 CFR Part 3501

[Docket ID: DOI-2016-0007; 167D0102R2; DS636440000; DR2000000.CH7000]
RIN 1092-AA12


Supplemental Standards of Ethical Conduct for Employees of the 
Department of the Interior

AGENCY: Department of the Interior (DOI).

ACTION: Direct final rule.

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SUMMARY: The Department of the Interior (DOI), with the concurrence of 
the Office of Government Ethics (OGE), is amending the Supplemental 
Standards of Ethical Conduct for Employees of the Department of the 
Interior (Supplemental Standards). The Supplemental Standards apply 
only to DOI personnel and augment the Standards of Ethical Conduct for 
Employees of the Executive Branch (OGE Standards). This direct final 
rule amends portions of the Supplemental Standards to account for the 
current DOI structure resulting from organizational changes that 
established new bureaus and an office within DOI.

DATES: This rule is effective on January 3, 2017 unless we receive any 
significant adverse comments on or before December 2, 2016. If adverse 
comment is received, DOI will publish a timely withdrawal of the rule 
in the Federal Register.

ADDRESSES: You may submit comments on this rule by either of the 
methods listed below. Please use Regulation Identifier Number 1092-AA12 
in your message.
    1. Federal eRulemaking Portal: http://www.regulations.gov. In the 
``Search'' bar, enter DOI-2016-0007 (the docket number for this rule) 
and then click ``Search.'' Follow the instructions on the Web site for 
submitting comments.
    2. U.S. mail, courier, or hand delivery: Departmental Ethics 
Office, Department of the Interior, 1849 C Street NW., MS 7346, 
Washington, DC 20240.
    We request that you send comments only by one of the methods 
described above. We will post all comments on http://www.regulations.gov. This generally means that we will post any 
personal information you provide us.

FOR FURTHER INFORMATION CONTACT: Edward McDonnell, Departmental Ethics 
Office, [email protected], (202) 208-5916. SUPPLEMENTARY 
INFORMATION.

I. Background

    On August 7, 1992, OGE published the OGE Standards, which, as 
corrected and amended, are codified at 5 CFR part 2635 (57 FR 35006). 
Effective on February 3, 1993, the OGE Standards establish uniform 
standards of ethical conduct that apply to all executive branch 
officers and employees. Section 2635.105 of the OGE Standards 
authorizes an agency, with the concurrence of OGE, to adopt and jointly 
issue agency-specific supplemental regulations that are necessary to 
properly implement its ethics program. On October 16, 1997, DOI, with 
OGE's concurrence and joint issuance, established the Supplemental 
Standards that became effective on June 24, 1998. See 62 FR 53713-
53726; 63 FR 34258-34259. Employees of DOI are subject to the 
Supplemental Standards promulgated by OGE and DOI. The Supplemental 
Standards are necessary for successful implementation of DOI's ethics 
program in light of DOI's unique programs and operations. DOI is 
therefore amending portions of the Supplemental Standards to account 
for current DOI structure resulting from organizational changes that 
established new bureaus and an office within DOI.

II. Analysis of the Regulation

A. Section 3501.102 Designation of Separate Agency Components

    The direct final rule amends Sec.  3501.102(a) of the Supplemental 
Standards to reflect the current organizational structure mandated by 
Secretarial Order 3299 issued on May 19, 2010, and as further amended, 
in accordance with statutory authority that resulted in the 
establishment of new bureaus and an office within DOI. As currently 
organized and relevant to the Supplemental Standards, the duties and 
responsibilities of the former Minerals Management Service (MMS) were 
separated and reassigned to two newly established bureaus and an 
office. The new bureaus and office are the Bureau of Ocean Energy 
Management (BOEM), the Bureau of Safety and Environmental Enforcement 
(BSEE), and the Office of Natural Resources Revenue (ONRR). BOEM and 
BSEE are distinct and separate bureaus under the Assistant Secretary 
for Land and Minerals Management. Section 2635.203(a) of the OGE 
Standards authorizes an executive department, by supplemental 
regulation, to designate as a separate agency any component of the 
department that the department determines exercises a distinct and 
separate function. Pursuant to this authority, DOI amends the 
Supplemental Standards to designate BOEM and BSEE as separate agencies 
in Sec.  3501.102(a) for purposes of the regulations contained in 
subpart B of 5 CFR part 2635, government gifts from outside sources, 
including determining whether the donor of a gift is a prohibited 
source under 5 CFR 2635.203(d); 5 CFR 2635.807 governing teaching, 
speaking and writing; and Sec.  3501.105(b) of this part governing 
prior approval requirements for outside employment by an employee with 
a prohibited source (other than for an employee of the U.S. Geological 
Survey or for a special Government employee). ONRR is organizationally 
placed within DOI under the Assistant Secretary for Policy, Management 
and Budget. Therefore, ONRR is included in the remainder of DOI under 
Sec.  3501.102(b).

B. Section 3501.103 Prohibited Interests in Federal Lands

    The direct final rule amends Sec.  3501.103(b)(1)(i) of the 
Supplemental Standards to include all BOEM, BSEE and ONRR employees in 
the restrictions against holding financial interests in Federal lands 
or resources administered or controlled by DOI. Following the 
establishment of MMS in 1982, to address ethics concerns, DOI 
promulgated a regulation extending the restrictions on ownership of 
interests in Federal lands to all employees of the MMS. See 62 FR 53714 
(October 16, 1997). Therefore, in order to continue to protect the 
integrity of the programs of the former MMS, that were subsequently 
reassigned to the newly established entities of BOEM, BSEE and ONRR, 
DOI is revising Sec.  3501.103(b) to explicitly cover all employees of 
these three entities.

Procedural Matters

Regulatory Planning and Review (Executive Order (E.O.) 12866 and 13563)

    Executive Order 12866 provides that the Office of Information and 
Regulatory

[[Page 76289]]

Affairs (OIRA) in the Office of Management and Budget (OMB) will review 
all significant rules. The OIRA has determined that this rule is not 
significant.
    Executive Order 13563 reaffirms the principles of E.O. 12866 while 
calling for improvements in the nation's regulatory system to promote 
predictability, to reduce uncertainty, and to use the best, most 
innovative, and least burdensome tools for achieving regulatory ends. 
The executive order directs agencies to consider regulatory approaches 
that reduce burdens and maintain flexibility and freedom of choice for 
the public where these approaches are relevant, feasible, and 
consistent with regulatory objectives. Executive Order 13563 emphasizes 
further that regulations must be based on the best available science 
and that the rulemaking process must allow for public participation and 
an open exchange of ideas. We have developed this rule in a manner 
consistent with these requirements.
    This direct final rule is not a ``significant regulatory action'' 
under section 3(f) of E.O. 12866, Regulatory Planning and Review, as 
supplemented by E.O. 13563, Improving Regulation and Regulatory Review, 
and does not require an assessment of potential costs and benefits 
under section 6(a)(3) of that Order. Accordingly, this direct final 
rule is not subject to review by OMB. As discussed previously, this 
direct final rule only regulates DOI employees and consequently does 
not impose any additional direct costs on the private sector. In 
addition, DOI does not believe this rulemaking would increase 
government costs. The direct final rule is also expected to result in 
stronger public confidence in the integrity of DOI programs and 
operations.
    This direct final rule will not impact the ability of BOEM, BSEE or 
ONRR to accomplish their missions and will not impact off-shore 
operators, lessees, contractors, or third parties. It is an internal 
procedural rule applicable solely to BOEM, BSEE, and ONRR employees and 
establishes rules for ethical conduct in the performance of official 
duties that protects their integrity and impartiality.

Administrative Procedures Act--Direct Final Rule

    We are publishing this rule as a direct final rule because we view 
this action as an administrative action that relates solely to certain 
DOI employees and is non-controversial. This rule will be effective on 
the date shown in the DATES section unless we receive any significant 
adverse comments on or before the deadline for comments set forth in 
the DATES section. Significant adverse comments are comments that 
provide strong justifications why the rule should not be adopted or for 
changing the rule. If we receive any significant adverse comments, we 
will publish a notice in the Federal Register withdrawing this rule 
before the effective date. If we receive no significant adverse 
comments, we will publish a document in the Federal Register confirming 
the effective date.

Regulatory Flexibility Act

    DOI certifies that this direct final rule will not have a 
significant economic effect on a substantial number of small entities 
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). It does 
not affect any small entities. It affects only certain DOI employees.

Small Business Regulatory Enforcement Fairness Act

    This direct final rule is not a major rule under 5 U.S.C. 804(2) of 
the Small Business Regulatory Enforcement Fairness Act. This direct 
final rule:
    a. Will not have an annual effect on the economy of $100 million or 
more.
    b. Will not cause a major increase in costs or prices for 
consumers, individual industries, Federal, State, or local government 
agencies, or geographic regions.
    c. Will not have significant adverse effects on competition, 
employment, investment, productivity, innovation, or the ability of 
U.S.-based enterprises to compete with foreign-based enterprises.

Unfunded Mandates Reform Act

    This direct final rule will not impose an unfunded mandate on 
State, local, or tribal governments or the private sector of more than 
$100 million per year. The direct final rule will not have a 
significant or unique effect on State, local, or tribal governments or 
the private sector. A statement containing the information required by 
the Unfunded Mandates Reform Act (2 U.S.C. 1531 et seq.) is not 
required.

Takings Implication Assessment (E.O. 12630)

    Under the criteria in E.O. 12630, this direct final rule does not 
have significant takings implications. The direct final rule is not a 
governmental action capable of interference with constitutionally 
protected property rights. A Takings Implication Assessment is not 
required.

Federalism (E.O. 13132)

    Under the criteria in E.O. 13132, this direct final rule does not 
have sufficient federalism implications to warrant the preparation of a 
Federalism Assessment. This direct final rule will not substantially 
and directly affect the relationship between the Federal and State 
governments. A Federalism Assessment is not required.

Civil Justice Reform (E.O. 12988)

    This direct final rule complies with the requirements of E.O. 
12988. Specifically, this direct final rule:
    (a) Meets the criteria of section 3(a) requiring that all 
regulations be reviewed to eliminate errors and ambiguity and be 
written to minimize litigation; and
    (b) Meets the criteria of section 3(b)(2) requiring that all 
regulations be written in clear language and contain clear legal 
standards.

Consultation With Indian Tribes (E.O. 13175)

    The Department of the Interior strives to strengthen its 
government-to-government relationship with Indian tribes through a 
commitment to consultation with Indian tribes and recognition of their 
right to self-governance and tribal sovereignty. We have evaluated this 
direct final rule under the Department's consultation policy and under 
the criteria in E.O. 13175 and have determined that it has no potential 
effects on federally recognized Indian tribes.

Paperwork Reduction Act (PRA)

    The direct final rule contains no new public reporting or 
recordkeeping requirements, and an OMB submission under the PRA is not 
required. The PRA provides that an agency may not conduct or sponsor a 
collection of information unless it displays a currently valid OMB 
control number. Until OMB approves a collection of information and 
assigns a control number, the public is not required to respond.

National Environmental Policy Act

    This direct final rule does not constitute a major Federal action 
significantly affecting the quality of the human environment. DOI 
analyzed this direct final rule under the criteria of the National 
Environmental Policy Act and implementing regulations issued by the 
Council on Environmental Quality (40 CFR parts 1500-1508) and DOI (43 
CFR part 46). This direct final rule meets the criteria set forth in 43 
CFR 46.210(i) for a Departmental ``Categorical Exclusion'' in that this 
direct final rule is a regulation ``of an administrative, financial, 
legal, technical, or procedural nature; or whose environmental effects

[[Page 76290]]

are too broad, speculative, or conjectural to lend themselves to 
meaningful analysis. . . .'' Further, DOI has analyzed this direct 
final rule to determine if it meets any of the extraordinary 
circumstances that will require an environmental assessment or an 
environmental impact statement as set forth in 43 CFR 46.205. DOI has 
concluded that this direct final rule does not meet any of the criteria 
for extraordinary circumstances as set forth in 43 CFR 46.215(a) 
through (l).

Data Quality Act

    In developing this direct final rule, we did not conduct or use a 
study, experiment, or survey requiring peer review under the Data 
Quality Act (Pub. L. 106-554, app. C Sec.  515, 114 Stat. 2763, 2763A-
153-154).

Effects on the Nation's Energy Supply (E.O. 13211)

    This direct final rule is not a significant energy action under the 
definition in E.O. 13211. A Statement of Energy Effects is not 
required.

Clarity of This Regulation

    Executive Orders 12866 and 12988 and the Presidential Memorandum of 
June 1, 1998, require the Department to write all rules in plain 
language. This means that each rule the Department publishes must:
    (a) Be logically organized;
    (b) Use the active voice to address readers directly;
    (c) Use clear language rather than jargon;
    (d) Be divided into short sections and sentences; and
    (e) Use lists and tables wherever possible.
    If you feel that the Department did not meet these requirements, 
please send comments by one of the methods listed in the ADDRESSES 
section. To better help the Department revise the rule, your comments 
should be as specific as possible. For example, you should tell us the 
numbers of the sections or paragraphs that are unclearly written, which 
sections or sentences are too long, and the sections where you believe 
lists or tables would be useful.

Public Availability of Comments

    Before including your address, phone number, email address, or 
other personal identifying information in your comment, you should be 
aware that your entire comment--including your personal identifying 
information--may be made publicly available at any time. While you can 
ask the Department in your comment to withhold your personal 
identifying information from public review, we cannot guarantee that we 
will be able to do so.
    If you send an email comment directly to the Department without 
going through http://www.regulations.gov, your email address will be 
automatically captured and included as part of the comment that is 
placed in the public docket and made available on the Internet. If you 
submit an electronic comment, the Department recommends that you 
include your name and other contact information in the body of your 
comment and with any disk or CD-ROM you submit. If the Department 
cannot read your comment due to technical difficulties and cannot 
contact you for clarification, the Department may not be able to 
consider your comment. Electronic files should avoid the use of special 
characters, avoid any form of encryption, and be free of any defects or 
viruses.
    The Department cannot ensure that comments received after the close 
of the comment period (see DATES) will be included in the docket for 
this rulemaking and considered. Comments sent to an address other than 
those listed above will not be included in the docket for this 
rulemaking.

List of Subjects in 5 CFR Part 3501

    Conflict of interests, Department components, Gifts, Government 
employees, Prior approval of outside employment, Speaking and writing, 
and Teaching.

    Dated: October 27, 2016.
 Melinda J. Loftin,
Designated Agency Ethics Official, Department of the Interior.
    Approved: October 27, 2016.
Walter M. Shaub, Jr.,
Director, U.S. Office of Government Ethics.


    For the reasons stated in the preamble, DOI, with the concurrence 
of OGE, amends title 5 of CFR part 3501 as follows:

PART 3501--SUPPLEMENTAL STANDARDS OF ETHICAL CONDUCT FOR EMPLOYEES 
OF THE DEPARTMENT OF THE INTERIOR

0
1. The authority citation for part 3501 is revised to read as follows:

    Authority: 5 U.S.C. 301, 7301; 5 U.S.C. App. (Ethics in 
Government Act of 1978); 30 U.S.C. 1211; 43 U.S.C. 11, 31(a); E.O. 
12674, 3 CFR, 1989 Comp., p. 215, as modified by E.O. 12731, 3 CFR, 
1990 Comp., p. 306; 5 CFR 2635.105, 2635.203(a), 2635.403(a), 
2635.502, 2635.803, 2635.807.


0
2. In Sec.  3501.102 revise paragraph (a) to read as follows:


Sec.  3501.102  Designation of separate agency components.

    (a) Each of the following eleven components of the Department is 
designated as an agency separate from each of the other ten listed 
components and, for employees of that component, as an agency distinct 
from the remainder of the Department, for purposes of the regulations 
in subpart B of 5 CFR part 2635 governing gifts from outside sources, 5 
CFR 2635.807 governing teaching, speaking and writing, and Sec.  
3501.105 requiring prior approval of outside employment. However, the 
following eleven components are not deemed to be separate agencies for 
purposes of applying any provision of 5 CFR part 2635 or this part to 
employees of the remainder of the Department:
    (1) Bureau of Indian Affairs, including the Office of Indian 
Education Programs;
    (2) Bureau of Land Management;
    (3) Bureau of Reclamation;
    (4) Bureau of Ocean Energy Management;
    (5) Bureau of Safety and Environmental Enforcement;
    (6) National Indian Gaming Commission;
    (7) National Park Service;
    (8) Office of Surface Mining Reclamation and Enforcement;
    (9) Office of the Special Trustee for American Indians;
    (10) U.S. Fish and Wildlife Service; and
    (11) U.S. Geological Survey.
* * * * *

0
3. In Sec.  3501.103 revise the heading of paragraph (b), and paragraph 
(b)(1)(i), to read as follows:


Sec.  3501.103  Prohibited interest in Federal lands.

* * * * *
    (b) Prohibited financial interests in Federal lands for employees 
of the Bureau of Ocean Energy Management, the Bureau of Safety and 
Environmental Enforcement, and the Office of Natural Resources Revenue 
and for the Secretary and employees of the Office of the Secretary and 
other Departmental offices reporting directly to a Secretarial officer 
who are in positions classified at GS-15 and above. (1) * * *
    (i) All employees of the Bureau of Ocean Energy Management, Bureau 
of Safety and Environmental Enforcement, and Office of Natural 
Resources Revenue; and
* * * * *
[FR Doc. 2016-26458 Filed 11-1-16; 8:45 am]
BILLING CODE 4335-30-P



                                           76288            Federal Register / Vol. 81, No. 212 / Wednesday, November 2, 2016 / Rules and Regulations

                                              (o) Within 1 year of appointment is                     2. U.S. mail, courier, or hand delivery:            of Ocean Energy Management (BOEM),
                                           the deadline for new supervisors to                      Departmental Ethics Office, Department                the Bureau of Safety and Environmental
                                           receive supervisory ethics notices,                      of the Interior, 1849 C Street NW., MS                Enforcement (BSEE), and the Office of
                                           pursuant to § 2638.306(b).                               7346, Washington, DC 20240.                           Natural Resources Revenue (ONRR).
                                              (p) Not later than 12 months before                     We request that you send comments                   BOEM and BSEE are distinct and
                                           any Presidential election is the deadline                only by one of the methods described                  separate bureaus under the Assistant
                                           for the agency head or the DAEO to                       above. We will post all comments on                   Secretary for Land and Minerals
                                           evaluate whether the agency’s ethics                     http://www.regulations.gov. This                      Management. Section 2635.203(a) of the
                                           program has an adequate number of                        generally means that we will post any                 OGE Standards authorizes an executive
                                           trained agency ethics officials to deliver               personal information you provide us.                  department, by supplemental
                                           effective support in the event of a                      FOR FURTHER INFORMATION CONTACT:                      regulation, to designate as a separate
                                           Presidential transition, pursuant to                     Edward McDonnell, Departmental                        agency any component of the
                                           § 2638.210(a).                                           Ethics Office, edward.mcdonnell@                      department that the department
                                           [FR Doc. 2016–26418 Filed 11–1–16; 8:45 am]              sol.doi.gov, (202) 208–5916.                          determines exercises a distinct and
                                           BILLING CODE 6345–03–P                                   SUPPLEMENTARY INFORMATION.                            separate function. Pursuant to this
                                                                                                                                                          authority, DOI amends the
                                                                                                    I. Background
                                                                                                                                                          Supplemental Standards to designate
                                                                                                       On August 7, 1992, OGE published                   BOEM and BSEE as separate agencies in
                                           DEPARTMENT OF THE INTERIOR                               the OGE Standards, which, as corrected                § 3501.102(a) for purposes of the
                                                                                                    and amended, are codified at 5 CFR part               regulations contained in subpart B of 5
                                           5 CFR Part 3501
                                                                                                    2635 (57 FR 35006). Effective on                      CFR part 2635, government gifts from
                                           [Docket ID: DOI–2016–0007; 167D0102R2;                   February 3, 1993, the OGE Standards                   outside sources, including determining
                                           DS636440000; DR2000000.CH7000]                           establish uniform standards of ethical                whether the donor of a gift is a
                                                                                                    conduct that apply to all executive                   prohibited source under 5 CFR
                                           RIN 1092–AA12                                            branch officers and employees. Section                2635.203(d); 5 CFR 2635.807 governing
                                           Supplemental Standards of Ethical                        2635.105 of the OGE Standards                         teaching, speaking and writing; and
                                           Conduct for Employees of the                             authorizes an agency, with the                        § 3501.105(b) of this part governing
                                           Department of the Interior                               concurrence of OGE, to adopt and                      prior approval requirements for outside
                                                                                                    jointly issue agency-specific                         employment by an employee with a
                                           AGENCY:    Department of the Interior                    supplemental regulations that are                     prohibited source (other than for an
                                           (DOI).                                                   necessary to properly implement its                   employee of the U.S. Geological Survey
                                           ACTION:   Direct final rule.                             ethics program. On October 16, 1997,                  or for a special Government employee).
                                                                                                    DOI, with OGE’s concurrence and joint                 ONRR is organizationally placed within
                                           SUMMARY:    The Department of the                        issuance, established the Supplemental                DOI under the Assistant Secretary for
                                           Interior (DOI), with the concurrence of                  Standards that became effective on June               Policy, Management and Budget.
                                           the Office of Government Ethics (OGE),                   24, 1998. See 62 FR 53713–53726; 63 FR                Therefore, ONRR is included in the
                                           is amending the Supplemental                             34258–34259. Employees of DOI are                     remainder of DOI under § 3501.102(b).
                                           Standards of Ethical Conduct for                         subject to the Supplemental Standards
                                           Employees of the Department of the                       promulgated by OGE and DOI. The                       B. Section 3501.103 Prohibited
                                           Interior (Supplemental Standards). The                   Supplemental Standards are necessary                  Interests in Federal Lands
                                           Supplemental Standards apply only to                     for successful implementation of DOI’s                  The direct final rule amends
                                           DOI personnel and augment the                            ethics program in light of DOI’s unique               § 3501.103(b)(1)(i) of the Supplemental
                                           Standards of Ethical Conduct for                         programs and operations. DOI is                       Standards to include all BOEM, BSEE
                                           Employees of the Executive Branch                        therefore amending portions of the                    and ONRR employees in the restrictions
                                           (OGE Standards). This direct final rule                  Supplemental Standards to account for                 against holding financial interests in
                                           amends portions of the Supplemental                      current DOI structure resulting from                  Federal lands or resources administered
                                           Standards to account for the current DOI                 organizational changes that established               or controlled by DOI. Following the
                                           structure resulting from organizational                  new bureaus and an office within DOI.                 establishment of MMS in 1982, to
                                           changes that established new bureaus                                                                           address ethics concerns, DOI
                                           and an office within DOI.                                II. Analysis of the Regulation
                                                                                                                                                          promulgated a regulation extending the
                                           DATES: This rule is effective on January                 A. Section 3501.102 Designation of                    restrictions on ownership of interests in
                                           3, 2017 unless we receive any                            Separate Agency Components                            Federal lands to all employees of the
                                           significant adverse comments on or                         The direct final rule amends                        MMS. See 62 FR 53714 (October 16,
                                           before December 2, 2016. If adverse                      § 3501.102(a) of the Supplemental                     1997). Therefore, in order to continue to
                                           comment is received, DOI will publish                    Standards to reflect the current                      protect the integrity of the programs of
                                           a timely withdrawal of the rule in the                   organizational structure mandated by                  the former MMS, that were
                                           Federal Register.                                        Secretarial Order 3299 issued on May                  subsequently reassigned to the newly
                                           ADDRESSES: You may submit comments                       19, 2010, and as further amended, in                  established entities of BOEM, BSEE and
                                           on this rule by either of the methods                    accordance with statutory authority that              ONRR, DOI is revising § 3501.103(b) to
                                           listed below. Please use Regulation                      resulted in the establishment of new                  explicitly cover all employees of these
                                           Identifier Number 1092–AA12 in your                      bureaus and an office within DOI. As                  three entities.
                                           message.                                                 currently organized and relevant to the               Procedural Matters
ehiers on DSK5VPTVN1PROD with RULES




                                              1. Federal eRulemaking Portal: http://                Supplemental Standards, the duties and
                                           www.regulations.gov. In the ‘‘Search’’                   responsibilities of the former Minerals               Regulatory Planning and Review
                                           bar, enter DOI–2016–0007 (the docket                     Management Service (MMS) were                         (Executive Order (E.O.) 12866 and
                                           number for this rule) and then click                     separated and reassigned to two newly                 13563)
                                           ‘‘Search.’’ Follow the instructions on the               established bureaus and an office. The                  Executive Order 12866 provides that
                                           Web site for submitting comments.                        new bureaus and office are the Bureau                 the Office of Information and Regulatory


                                      VerDate Sep<11>2014    13:32 Nov 01, 2016   Jkt 241001   PO 00000   Frm 00018   Fmt 4700   Sfmt 4700   E:\FR\FM\02NOR1.SGM   02NOR1


                                                            Federal Register / Vol. 81, No. 212 / Wednesday, November 2, 2016 / Rules and Regulations                                         76289

                                           Affairs (OIRA) in the Office of                          before the deadline for comments set                  federalism implications to warrant the
                                           Management and Budget (OMB) will                         forth in the DATES section. Significant               preparation of a Federalism Assessment.
                                           review all significant rules. The OIRA                   adverse comments are comments that                    This direct final rule will not
                                           has determined that this rule is not                     provide strong justifications why the                 substantially and directly affect the
                                           significant.                                             rule should not be adopted or for                     relationship between the Federal and
                                              Executive Order 13563 reaffirms the                   changing the rule. If we receive any                  State governments. A Federalism
                                           principles of E.O. 12866 while calling                   significant adverse comments, we will                 Assessment is not required.
                                           for improvements in the nation’s                         publish a notice in the Federal Register
                                           regulatory system to promote                                                                                   Civil Justice Reform (E.O. 12988)
                                                                                                    withdrawing this rule before the
                                           predictability, to reduce uncertainty,                   effective date. If we receive no                         This direct final rule complies with
                                           and to use the best, most innovative,                    significant adverse comments, we will                 the requirements of E.O. 12988.
                                           and least burdensome tools for                           publish a document in the Federal                     Specifically, this direct final rule:
                                           achieving regulatory ends. The                           Register confirming the effective date.                  (a) Meets the criteria of section 3(a)
                                           executive order directs agencies to                                                                            requiring that all regulations be
                                           consider regulatory approaches that                      Regulatory Flexibility Act                            reviewed to eliminate errors and
                                           reduce burdens and maintain flexibility                     DOI certifies that this direct final rule          ambiguity and be written to minimize
                                           and freedom of choice for the public                     will not have a significant economic                  litigation; and
                                           where these approaches are relevant,                     effect on a substantial number of small                  (b) Meets the criteria of section 3(b)(2)
                                           feasible, and consistent with regulatory                 entities under the Regulatory Flexibility             requiring that all regulations be written
                                           objectives. Executive Order 13563                        Act (5 U.S.C. 601 et seq.). It does not               in clear language and contain clear legal
                                           emphasizes further that regulations                      affect any small entities. It affects only            standards.
                                           must be based on the best available                      certain DOI employees.                                Consultation With Indian Tribes (E.O.
                                           science and that the rulemaking process
                                                                                                    Small Business Regulatory Enforcement                 13175)
                                           must allow for public participation and
                                           an open exchange of ideas. We have                       Fairness Act                                             The Department of the Interior strives
                                           developed this rule in a manner                             This direct final rule is not a major              to strengthen its government-to-
                                           consistent with these requirements.                      rule under 5 U.S.C. 804(2) of the Small               government relationship with Indian
                                              This direct final rule is not a                       Business Regulatory Enforcement                       tribes through a commitment to
                                           ‘‘significant regulatory action’’ under                  Fairness Act. This direct final rule:                 consultation with Indian tribes and
                                           section 3(f) of E.O. 12866, Regulatory                      a. Will not have an annual effect on               recognition of their right to self-
                                           Planning and Review, as supplemented                     the economy of $100 million or more.                  governance and tribal sovereignty. We
                                           by E.O. 13563, Improving Regulation                         b. Will not cause a major increase in              have evaluated this direct final rule
                                           and Regulatory Review, and does not                      costs or prices for consumers,                        under the Department’s consultation
                                           require an assessment of potential costs                 individual industries, Federal, State, or             policy and under the criteria in E.O.
                                           and benefits under section 6(a)(3) of that               local government agencies, or                         13175 and have determined that it has
                                           Order. Accordingly, this direct final rule               geographic regions.                                   no potential effects on federally
                                           is not subject to review by OMB. As                         c. Will not have significant adverse               recognized Indian tribes.
                                           discussed previously, this direct final                  effects on competition, employment,                   Paperwork Reduction Act (PRA)
                                           rule only regulates DOI employees and                    investment, productivity, innovation, or
                                           consequently does not impose any                         the ability of U.S.-based enterprises to                The direct final rule contains no new
                                           additional direct costs on the private                   compete with foreign-based enterprises.               public reporting or recordkeeping
                                           sector. In addition, DOI does not believe                                                                      requirements, and an OMB submission
                                           this rulemaking would increase                           Unfunded Mandates Reform Act                          under the PRA is not required. The PRA
                                           government costs. The direct final rule                     This direct final rule will not impose             provides that an agency may not
                                           is also expected to result in stronger                   an unfunded mandate on State, local, or               conduct or sponsor a collection of
                                           public confidence in the integrity of DOI                tribal governments or the private sector              information unless it displays a
                                           programs and operations.                                 of more than $100 million per year. The               currently valid OMB control number.
                                              This direct final rule will not impact                direct final rule will not have a                     Until OMB approves a collection of
                                           the ability of BOEM, BSEE or ONRR to                     significant or unique effect on State,                information and assigns a control
                                           accomplish their missions and will not                   local, or tribal governments or the                   number, the public is not required to
                                           impact off-shore operators, lessees,                     private sector. A statement containing                respond.
                                           contractors, or third parties. It is an                  the information required by the                       National Environmental Policy Act
                                           internal procedural rule applicable                      Unfunded Mandates Reform Act (2
                                           solely to BOEM, BSEE, and ONRR                           U.S.C. 1531 et seq.) is not required.                    This direct final rule does not
                                           employees and establishes rules for                                                                            constitute a major Federal action
                                           ethical conduct in the performance of                    Takings Implication Assessment (E.O.                  significantly affecting the quality of the
                                           official duties that protects their                      12630)                                                human environment. DOI analyzed this
                                           integrity and impartiality.                                 Under the criteria in E.O. 12630, this             direct final rule under the criteria of the
                                                                                                    direct final rule does not have                       National Environmental Policy Act and
                                           Administrative Procedures Act—Direct                                                                           implementing regulations issued by the
                                                                                                    significant takings implications. The
                                           Final Rule                                                                                                     Council on Environmental Quality (40
                                                                                                    direct final rule is not a governmental
                                              We are publishing this rule as a direct               action capable of interference with                   CFR parts 1500–1508) and DOI (43 CFR
                                           final rule because we view this action as                constitutionally protected property                   part 46). This direct final rule meets the
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                                           an administrative action that relates                    rights. A Takings Implication                         criteria set forth in 43 CFR 46.210(i) for
                                           solely to certain DOI employees and is                   Assessment is not required.                           a Departmental ‘‘Categorical Exclusion’’
                                           non-controversial. This rule will be                                                                           in that this direct final rule is a
                                           effective on the date shown in the DATES                 Federalism (E.O. 13132)                               regulation ‘‘of an administrative,
                                           section unless we receive any                              Under the criteria in E.O. 13132, this              financial, legal, technical, or procedural
                                           significant adverse comments on or                       direct final rule does not have sufficient            nature; or whose environmental effects


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                                           76290            Federal Register / Vol. 81, No. 212 / Wednesday, November 2, 2016 / Rules and Regulations

                                           are too broad, speculative, or conjectural               public review, we cannot guarantee that               § 3501.102 Designation of separate agency
                                           to lend themselves to meaningful                         we will be able to do so.                             components.
                                           analysis. . . .’’ Further, DOI has                          If you send an email comment                         (a) Each of the following eleven
                                           analyzed this direct final rule to                       directly to the Department without                    components of the Department is
                                           determine if it meets any of the                         going through http://                                 designated as an agency separate from
                                           extraordinary circumstances that will                    www.regulations.gov, your email                       each of the other ten listed components
                                           require an environmental assessment or                   address will be automatically captured                and, for employees of that component,
                                           an environmental impact statement as                     and included as part of the comment                   as an agency distinct from the
                                           set forth in 43 CFR 46.205. DOI has                      that is placed in the public docket and               remainder of the Department, for
                                           concluded that this direct final rule                    made available on the Internet. If you                purposes of the regulations in subpart B
                                           does not meet any of the criteria for                    submit an electronic comment, the                     of 5 CFR part 2635 governing gifts from
                                           extraordinary circumstances as set forth                 Department recommends that you                        outside sources, 5 CFR 2635.807
                                           in 43 CFR 46.215(a) through (l).                         include your name and other contact                   governing teaching, speaking and
                                                                                                    information in the body of your                       writing, and § 3501.105 requiring prior
                                           Data Quality Act
                                                                                                    comment and with any disk or CD–ROM                   approval of outside employment.
                                             In developing this direct final rule, we               you submit. If the Department cannot                  However, the following eleven
                                           did not conduct or use a study,                          read your comment due to technical                    components are not deemed to be
                                           experiment, or survey requiring peer                     difficulties and cannot contact you for               separate agencies for purposes of
                                           review under the Data Quality Act (Pub.                  clarification, the Department may not be              applying any provision of 5 CFR part
                                           L. 106–554, app. C § 515, 114 Stat. 2763,                able to consider your comment.                        2635 or this part to employees of the
                                           2763A–153–154).                                          Electronic files should avoid the use of              remainder of the Department:
                                           Effects on the Nation’s Energy Supply                    special characters, avoid any form of                   (1) Bureau of Indian Affairs, including
                                           (E.O. 13211)                                             encryption, and be free of any defects or             the Office of Indian Education
                                                                                                    viruses.                                              Programs;
                                             This direct final rule is not a                           The Department cannot ensure that                    (2) Bureau of Land Management;
                                           significant energy action under the                      comments received after the close of the                (3) Bureau of Reclamation;
                                           definition in E.O. 13211. A Statement of                 comment period (see DATES) will be
                                           Energy Effects is not required.                                                                                  (4) Bureau of Ocean Energy
                                                                                                    included in the docket for this                       Management;
                                           Clarity of This Regulation                               rulemaking and considered. Comments                     (5) Bureau of Safety and
                                                                                                    sent to an address other than those                   Environmental Enforcement;
                                              Executive Orders 12866 and 12988
                                                                                                    listed above will not be included in the                (6) National Indian Gaming
                                           and the Presidential Memorandum of
                                                                                                    docket for this rulemaking.                           Commission;
                                           June 1, 1998, require the Department to
                                           write all rules in plain language. This                  List of Subjects in 5 CFR Part 3501                     (7) National Park Service;
                                           means that each rule the Department                                                                              (8) Office of Surface Mining
                                                                                                      Conflict of interests, Department
                                           publishes must:                                                                                                Reclamation and Enforcement;
                                                                                                    components, Gifts, Government
                                              (a) Be logically organized;                                                                                   (9) Office of the Special Trustee for
                                              (b) Use the active voice to address                   employees, Prior approval of outside
                                                                                                                                                          American Indians;
                                           readers directly;                                        employment, Speaking and writing, and
                                                                                                    Teaching.                                               (10) U.S. Fish and Wildlife Service;
                                              (c) Use clear language rather than                                                                          and
                                           jargon;                                                    Dated: October 27, 2016.                              (11) U.S. Geological Survey.
                                              (d) Be divided into short sections and                Melinda J. Loftin,
                                                                                                                                                          *     *     *     *     *
                                           sentences; and                                           Designated Agency Ethics Official,
                                              (e) Use lists and tables wherever                     Department of the Interior.                           ■ 3. In § 3501.103 revise the heading of
                                           possible.                                                  Approved: October 27, 2016.                         paragraph (b), and paragraph (b)(1)(i), to
                                              If you feel that the Department did not                                                                     read as follows:
                                                                                                    Walter M. Shaub, Jr.,
                                           meet these requirements, please send                     Director, U.S. Office of Government Ethics.           § 3501.103   Prohibited interest in Federal
                                           comments by one of the methods listed                                                                          lands.
                                           in the ADDRESSES section. To better help                   For the reasons stated in the
                                                                                                                                                          *     *     *     *    *
                                           the Department revise the rule, your                     preamble, DOI, with the concurrence of
                                           comments should be as specific as                                                                                (b) Prohibited financial interests in
                                                                                                    OGE, amends title 5 of CFR part 3501
                                           possible. For example, you should tell                                                                         Federal lands for employees of the
                                                                                                    as follows:
                                           us the numbers of the sections or                                                                              Bureau of Ocean Energy Management,
                                           paragraphs that are unclearly written,                   PART 3501—SUPPLEMENTAL                                the Bureau of Safety and Environmental
                                           which sections or sentences are too                      STANDARDS OF ETHICAL CONDUCT                          Enforcement, and the Office of Natural
                                           long, and the sections where you believe                 FOR EMPLOYEES OF THE                                  Resources Revenue and for the
                                           lists or tables would be useful.                         DEPARTMENT OF THE INTERIOR                            Secretary and employees of the Office of
                                                                                                                                                          the Secretary and other Departmental
                                           Public Availability of Comments                          ■  1. The authority citation for part 3501            offices reporting directly to a Secretarial
                                             Before including your address, phone                   is revised to read as follows:                        officer who are in positions classified at
                                           number, email address, or other                            Authority: 5 U.S.C. 301, 7301; 5 U.S.C.
                                                                                                                                                          GS–15 and above. (1) * * *
                                           personal identifying information in your                 App. (Ethics in Government Act of 1978); 30             (i) All employees of the Bureau of
                                           comment, you should be aware that                        U.S.C. 1211; 43 U.S.C. 11, 31(a); E.O. 12674,         Ocean Energy Management, Bureau of
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                                           your entire comment—including your                       3 CFR, 1989 Comp., p. 215, as modified by             Safety and Environmental Enforcement,
                                           personal identifying information—may                     E.O. 12731, 3 CFR, 1990 Comp., p. 306; 5              and Office of Natural Resources
                                           be made publicly available at any time.                  CFR 2635.105, 2635.203(a), 2635.403(a),               Revenue; and
                                                                                                    2635.502, 2635.803, 2635.807.
                                           While you can ask the Department in                                                                            *     *     *     *    *
                                           your comment to withhold your                            ■ 2. In § 3501.102 revise paragraph (a) to            [FR Doc. 2016–26458 Filed 11–1–16; 8:45 am]
                                           personal identifying information from                    read as follows:                                      BILLING CODE 4335–30–P




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Document Created: 2016-11-02 01:41:12
Document Modified: 2016-11-02 01:41:12
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionDirect final rule.
DatesThis rule is effective on January 3, 2017 unless we receive any significant adverse comments on or before December 2, 2016. If adverse comment is received, DOI will publish a timely withdrawal of the rule in the Federal Register.
ContactEdward McDonnell, Departmental Ethics Office, [email protected], (202) 208-5916. SUPPLEMENTARY INFORMATION.
FR Citation81 FR 76288 
RIN Number1092-AA12
CFR AssociatedConflict of Interests; Department Components; Gifts; Government Employees; Prior Approval of Outside Employment; Speaking and Writing and Teaching

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