82 FR 23766 - Supplemental Standards of Ethical Conduct
POSTAL REGULATORY COMMISSION Federal Register Volume 82, Issue 99 (May 24, 2017)
Federal Register Volume 82, Issue 99 (May 24, 2017)
| Page Range | 23766-23769 | |
| FR Document | 2017-10636 |
[Federal Register Volume 82, Number 99 (Wednesday, May 24, 2017)] [Proposed Rules] [Pages 23766-23769] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-10636] ======================================================================= ----------------------------------------------------------------------- POSTAL REGULATORY COMMISSION 39 CFR Part 3000 [Docket No. RM2017-4; Order No. 3907] Supplemental Standards of Ethical Conduct AGENCY: Postal Regulatory Commission. ACTION: Proposed rulemaking. ----------------------------------------------------------------------- SUMMARY: The Commission proposes to delete its existing ethics rules to avoid duplication and those changes proposed to by the Commission with the concurrence of the Office of Government Ethics. DATES: Comments are due: June 23, 2017. FOR FURTHER INFORMATION CONTACT: David A. Trissell, General Counsel, at 202-789-6820. SUPPLEMENTARY INFORMATION: Table of Contents I. Introduction II. Background III. Summary of the Proposed Regulatory Changes IV. Section-by-Section Analysis of the Proposed Changes to 39 CFR Subpart A of Part 3000 V. Section-by-Section Analysis of the Proposed Changes to the Title Identified in Subchapter A of Chapter III of Title 39 VI. Administrative Actions VII. Ordering Paragraphs I. Introduction The Postal Regulatory Commission (Commission) establishes a rulemaking docket to consider amending the Commission's ethics rules, 39 CFR subpart A of part 3000. The Commission proposes to delete its existing ethics rules to avoid duplication of 5 CFR part 2635 and those changes proposed to 5 CFR part 5601 by the Commission with the concurrence of the Office of Government Ethics (OGE).\1\ This rulemaking also proposes to replace the deleted ethics rules with new rules that reflect the Commission's current regulatory role under the Postal Accountability and Enhancement Act (PAEA), Public Law 109-435, 120 Stat. 3198 (2006). The proposed rules aim to treat employees' and former employees' interactions with the Postal Service substantially the same as if those interactions were with entities that are not part of the federal government. --------------------------------------------------------------------------- \1\ See Order No. 3906, Notice of Proposed Rulemaking on Amendments to Supplemental Standards of Ethical Conduct for Employees of the Postal Regulatory Commission, May 19, 2017. --------------------------------------------------------------------------- II. Background A. The Existing 39 CFR Subpart A of Part 3000 The ethics rules contained in 39 CFR subpart A of part 3000 were adopted in a 1971 rulemaking, in which the Civil Service Commission promulgated employee conduct regulations on the Commission's behalf.\2\ In 1993, the Commission collaborated with OGE to revise the Commission's ethics rules in 39 CFR subpart A of part 3000. The ethics rules in 39 CFR subpart A of part 3000 retained ``those portions of the current standards of conduct not superseded by [OGE's] amendments to title 5 of the Code of Federal Regulations and incorporate[d] provisions of the Supplemental Standards of Ethical Conduct for Employees of the Postal Rate Commission issued in 5 CFR part 5601 with the concurrence of [OGE].'' \3\ The Commission amended the ethics rules in 2001 to eliminate a redundant provision.\4\ --------------------------------------------------------------------------- \2\ See 36 FR 5412 (Mar. 23, 1971). \3\ 58 FR 42873 (Aug. 12, 1993). \4\ 66 FR 32544 (Jun. 15, 2001). --------------------------------------------------------------------------- In 2006, the PAEA made several changes to the Commission's regulatory role. Specifically, the PAEA eliminated the responsibility to adjudicate omnibus rate cases each year, which set rates for all Postal Service products.\5\ Instead, under the PAEA the Commission, among other responsibilities, approves or denies discrete Postal Service requests to change rates of market dominant products or competitive products.\6\ Proposed rate changes include requests to change rates of general applicability, e.g., retail rates available to the public, and rates not of general applicability, e.g., negotiated service agreements (NSAs) with private parties. See id. Post-PAEA, the Commission must make an Annual Compliance Determination report concerning whether the rates or fees in effect for the year satisfied statutory and regulatory requirements and whether any service standards in effect during [[Page 23767]] the year were not met. See 39 U.S.C. 3653(b). --------------------------------------------------------------------------- \5\ Public Law 109-435, 120 Stat. 3198, sections 201-202 (2006) (amending 39 U.S.C. 3621-3622 (2005) and repealing sections 3623- 3624). \6\ The PAEA introduced the division of Postal Service products into market dominant products (products delivered under the Postal Service monopoly) and competitive products (all other products). 39 U.S.C. 3621-3622 and 39 CFR part 3010 (regulation of rates for market dominant products); 39 U.S.C. 3631-3634 and 39 CFR part 3015 (regulation of rates for competitive products). --------------------------------------------------------------------------- In 2007, the Commission amended its ethics rules to reflect the renumbering of its statutory authority and revised the agency's name due to the enactment of the PAEA. In 2016, the Commission amended its ethics rules to redesignate the numbering to be consistent with the Federal Register Document Drafting Handbook and to correct the listed authority.\7\ Neither amendment modernized the Commission's ethics rules to reflect the PAEA's enhancements to the Commission responsibilities. --------------------------------------------------------------------------- \7\ 81 FR 42534, 42540 (Jun. 30, 2016). --------------------------------------------------------------------------- B. Other Existing Ethics Laws and Rules There are several government wide ethics rules and laws that do not apply in certain instances involving intra-federal government interactions because of the acknowledgment of a low probability of ethical problems arising in those settings. However, while the Postal Service is also a federal government entity, it regularly appears in dockets before the Commission requesting relief on certain matters (either of its own volition or because the law mandates the Postal Service seek relief or permission from the Commission depending on the issue). This situation presents the appearance of, if not actual, conflicts that would occur in any other scenario if the Postal Service were a non-federal government entity, and for which these types of rules were intended to apply. But for the Postal Service's status as a federal government entity, the same ethics restrictions would apply. These changes are aimed at fixing this unintended consequence. Existing 5 CFR part 2641 and 18 U.S.C. 207 are post-employment restrictions applicable to former federal employees, including Commission employees. There are certain exceptions to these post- employment restrictions, such as former Commission employees working for a different agency in the executive branch. See 39 U.S.C. 207(j)(1); 39 CFR 2641.301(a). Therefore, 5 CFR part 2641 or 18 U.S.C. 207 does not appear to apply to former Commission employees working for the Postal Service. Existing Sec. 2635.604 and proposed Sec. 5601.103 of title 5 \8\ require Commission employees seeking non-federal employment to provide notice of disqualification from particular Commission matters. Therefore, Sec. 2635.604 and proposed Sec. 5601.103 of title 5 do not appear to apply to a Commission employee seeking employment with the Postal Service. --------------------------------------------------------------------------- \8\ The Commission, with the concurrence of OGE, proposes to amend 5 CFR part 5601. See supra n.1. --------------------------------------------------------------------------- Subpart B of 5 CFR part 2635 restricts Commission employees from accepting gifts from sources outside the federal government. Subpart C of 5 CFR part 2635 restricts Commission employees from accepting gifts from a lower-paid employee or giving gifts to an official superior. Therefore, in most cases, neither subpart would prohibit a Commission employee from accepting a gift from the Postal Service or a Postal Service employee since the Postal Service is part of the federal government. III. Summary of the Proposed Regulatory Changes The Commission proposes to revise its existing ethics rules for several reasons. To avoid duplication of 5 CFR part 2635 and the proposed 5 CFR part 5601,\9\ the Commission proposes to delete the text and titles of existing Sec. Sec. 3000.5, 3000.10, 3000.15, and 3000.20. --------------------------------------------------------------------------- \9\ See supra n.1. --------------------------------------------------------------------------- To reflect the substantial changes to the Commission's regulatory role after the 2006 enactment of the PAEA, which placed the Commission in the unique position of directly regulating the Postal Service, a federal agency, the Commission proposes new ethics rules that will treat employees' interactions with the Postal Service substantially the same as if those interactions were with private entities. The proposed ethics rules are intended to protect the integrity of the Commission's programs and processes and maintain public confidence that Commission employees are fulfilling their duties impartially and objectively. The proposed ethics rules reflect lessons learned through the Commission's experiences with the existing ethics rules. IV. Section-by-Section Analysis of the Proposed Changes to 39 CFR Subpart A of Part 3000 The rules in 39 CFR subpart A of part 3000 apply only to Commission personnel and former Commission personnel. A. Section 3000.5 The deletion of the existing language of Sec. 3000.5. Because the text of the existing Sec. 3000.5 is redundant to proposed Sec. 5601.101(a) of title 5,\10\ the Commission proposes deleting the existing text and title of Sec. 3000.5. --------------------------------------------------------------------------- \10\ See supra n.1. --------------------------------------------------------------------------- Proposed Sec. 3000.5 Post-employment restrictions. Federal employees, including Commission employees, may not contact an employee of any federal agency or court on behalf of another person or entity concerning an official matter with which the former employee was involved as a government employee. See 18 U.S.C. 207(a)(1). Federal employees, including Commission employees, may not contact an employee of any federal agency or court on behalf of another person or entity concerning an official matter that was pending under the former employee's official responsibility during the last year of his or her federal government employment. See 18 U.S.C. 207(a)(2). Neither restriction applies to former Commission employees that subsequently work for the Postal Service. Because Commission employees obtain specific technical knowledge and skills in the course of their employment that may advantage a subsequent employer, including the Postal Service, and may disadvantage the Commission and the public, the Commission proposes to add post- employment restrictions that are applicable to all employers, including the Postal Service. The Commission proposes retitling Sec. 3000.5 of title 39 as post-employment restrictions. Paragraph (a) of proposed Sec. 3000.5 would prohibit any former employee of the Commission from practicing or acting as an attorney, expert witness, or representative in connection with any proceeding or matter before the Commission that the former employee handled, advised, or participated in the consideration of while working at the Commission. Paragraph (b) of proposed Sec. 3000.5 would prohibit any former employee of the Commission, for one year after leaving the Commission, from practicing or acting as an attorney, expert witness, or representative in connection with any proceeding or matter before the Commission that was under the former employee's official responsibility as defined in 18 U.S.C. 202(b). Paragraph (a) of Sec. 3000.5's permanent ban on such participation in particular matters and Paragraph (b) of Sec. 3000.5's one year ban on participation in matters under official responsibility applies to the former employee's practice or action before the Commission on behalf of any participant, including the Postal Service. The proposed Sec. 3000.5 does not reduce any responsibilities imposed upon former government employees under any other applicable law including executive orders, such as Executive Order No. 13490, 74 FR 4673 (Jan. 26, 2009); statute, such as 18 U.S.C. [[Page 23768]] 207; or other regulations, such as 5 CFR part 2641. B. Section 3000.10 The deletion of the existing language of Sec. 3000.10. Because the text of the existing Sec. 3000.10 is redundant to 5 CFR part 2638, the Commission proposes deleting the existing text and title of Sec. 3000.10. Proposed Sec. 3000.10 Additional required notification of disqualification when seeking employment. Existing Sec. 2635.604 of title 5 requires federal employees, including Commission employees, to recuse themselves from participating in matters that may directly and predictably affect the financial interest of a prospective employer. Proposed Sec. 5601.103 of title 5 specifies the procedure for Commission employees to provide notice.\11\ Federal employees, including Commission employees, required to file public financial disclosure reports (OGE form 278(e)), must comply with additional notification requirements set forth in Sec. 2635.607 of title 5 and the Stop Trading on Congressional Knowledge Act of 2012.\12\ None of these requirements apply to former Commission employees that seek employment with the Postal Service. However, a Commission employee seeking employment with the Postal Service may experience an actual or an appearance of a conflict of interest between his or her subsequent employment prospects and current work. --------------------------------------------------------------------------- \11\ See supra n.1. \12\ See Public Law 112-105, 126 Stat. 291, 303-04, section 17 (2012). --------------------------------------------------------------------------- Therefore, the Commission proposes to require its employees who seek employment with the Postal Service to provide notice of disqualification consistent with the rules applicable to seeking non- federal employment. The Commission proposes retitling Sec. 3000.10 as ``additional required notification of disqualification when seeking employment.'' Proposed paragraph (a) of Sec. 3000.10 would require a Commission employee seeking employment with the Postal Service to provide notice consistent with proposed Sec. 5601.103(a) of title 5. Proposed paragraph (b) of Sec. 3000.10 permits the employee to withdraw notice of disqualification consistent with proposed Sec. 5601.103(b) of title 5. C. Section 3000.15 The deletion of the existing language of Sec. 3000.15. Because the text of the existing Sec. 3000.15 is redundant to the proposed Sec. 5601.102 of title 5,\13\ the Commission proposes deleting the existing text and title of Sec. 3000.15. --------------------------------------------------------------------------- \13\ See supra n.1. --------------------------------------------------------------------------- Proposed Sec. 3000.15 Additional restriction on gifts. Executive Order No. 11570, as amended by Executive Order No. 12107, requires Commission regulations to prohibit the receipt of anything of value by a Commission employee ``from an individual or organization having, or likely to have, business with the Commission.'' \14\ --------------------------------------------------------------------------- \14\ See Executive Order No. 11570, 35 FR 18183 (Nov. 24, 1970); Executive Order No. 12107, 44 FR 1055 (Dec. 28, 1978). --------------------------------------------------------------------------- Unless an exception applies, federal employees, including Commission employees, generally may not accept gifts that are given because of their official positions or that come from certain prohibited sources. 5 CFR 2635.202(a). The definition of ``gift'' excludes ``[a]nything which is paid for by the Government.'' 5 CFR 2635.203(b)(7). Therefore, even though the Postal Service regularly appears before and seeks relief from the Commission, things of value given by the Postal Service to Commission employees are not considered gifts under the existing regulations. By contrast, Sec. 2635.202(a) of title 5 generally prohibits acceptance of gifts that come from non- federal government entities that regularly appear before or seek relief from the Commission. The Commission proposes revising Sec. 3000.15 to similarly prohibit a Commission employee from accepting a gift from the Postal Service unless first permitted by an exception or exclusion contained in Sec. 2635 other than Sec. 2635.203(b)(7) of title 5. The Commission proposes to retitle Sec. 3000.15 as ``additional limitation on acceptance of anything of value.'' The Commission believes that proposed Sec. 3000.15 is consistent with Executive Order No. 11570, as amended by Executive Order No. 12107. D. Section 3000.20 The deletion of the existing language of Sec. 3000.20. Because the text of the existing section 3000.20 is redundant to the proposed Sec. Sec. 5601.104(a) and (b) and 5601.103(a) of title 5,\15\ the Commission proposes deleting the existing text and title of Sec. 3000.20. --------------------------------------------------------------------------- \15\ See supra n.1. --------------------------------------------------------------------------- Proposed Sec. 3000.20 Reserved. The Commission proposes to reserve Sec. 3000.20. V. Section-by-Section Analysis of the Proposed Changes to the Title Identified in Subchapter A of Chapter III of Title 39 Title identified in subchapter A of chapter III of title 39. The Commission proposes removing the existing heading ``Subchapter A-- Personnel'' from chapter III of title 39. The existing heading is incorrect because several parts of subchapter A of chapter III of title 39 do not relate to personnel. Further, the existing heading is unnecessary because there are no additional subchapters within chapter III of title 39. VI. Administrative Actions The Commission establishes Docket No. RM2017-4 for consideration of matters raised by this Order. Additional information concerning this rulemaking may be accessed via the Commission's Web site at http://www.prc.gov. Interested persons may submit comments no later than 30 days from the date of the publication of this notice in the Federal Register. Pursuant to 39 U.S.C. 505, Samuel M. Poole is designated as an officer of the Commission (Public Representative) to represent the interests of the general public in this proceeding. VII. Ordering Paragraphs It is ordered: 1. The Commission establishes Docket No. RM2017-4 for consideration of the matters raised by this Order. 2. Interested persons may submit comments no later than 30 days from the date of the publication of this notice in the Federal Register. 3. Pursuant to 39 U.S.C. 505, the Commission appoints Samuel M. Poole to serve as an officer of the Commission (Public Representative) to represent the interests of the general public in this proceeding. 4. The Secretary shall arrange for publication of this order in the Federal Register. By the Commission. Stacy L. Ruble, Secretary. List of Subjects in 39 CFR Part 3000 Conflict of interests. For the reasons discussed in the preamble, the Commission proposes to amend chapter III of title 39 of the Code of Federal Regulations as follows: CHAPTER III--POSTAL REGULATORY COMMISSION 0 1. Under the authority of 39 U.S.C. 503 remove the heading of subchapter A. [[Page 23769]] PART 3000--STANDARDS OF CONDUCT 0 2. The authority citation for part 3000 continues to read as follows: Authority: 39 U.S.C. 503; 504, 3603; E.O. 12674; 54 FR 15159; 3 CFR,1989 Comp., p. 215, as modified by E.O. 12731, 56 FR 42547, 3 CFR, 1990 Comp., p. 396, 5 CFR parts 2634 and 2635. 0 3. Revise subpart A of part 3000 to read as follows: Subpart A--General Provisions Sec. 3000.5 Post-employment restriction. 3000.10 Additional required notification of disqualification when seeking employment. 3000.15 Additional restriction on gifts. 3000.20 [Reserved] Sec. 3000.5 Post-employment restrictions. All former employees of the Postal Regulatory Commission (Commission) are subject to the following restrictions on appearance and practice before the Commission on behalf of any participant, including the United States Postal Service (Postal Service): (a) No former employee of the Commission may practice or act as an attorney, expert witness, or representative in connection with any proceeding or matter before the Commission that the former employee has handled, advised, or participated in the consideration of while in the service of the Commission. (b) No former employee of the Commission may within 1 year after his or her employment has ceased, practice before or act as an attorney, expert witness, or representative in connection with any proceeding or matter before the Commission that was under the official responsibility of such individual, as defined in 18 U.S.C. 202(b), while in the service of the Commission. Sec. 3000.10 Additional required notification of disqualification when seeking employment. (a) An employee that seeks employment with the Postal Service must provide written notice to the Designated Agency Ethics Official (DAEO) consistent with Sec. 5601.103(a) of title 5. (b) An employee may withdraw written notice under paragraph (a) of this section consistent with Sec. 5601.103(b) of title 5. Sec. 3000.15 Additional limitation on acceptance of anything of value. Regardless of Sec. 2635.203(b)(7) of title 5, a Commission employee may not accept a gift from the Postal Service, unless another exception or exclusion to Sec. 2635.203 of title 5 applies or a waiver is granted by the DAEO. Sec. 3000.20 [Reserved] [FR Doc. 2017-10636 Filed 5-23-17; 8:45 am] BILLING CODE 7710-FW-P
![23766 Federal Register / Vol. 82, No. 99 / Wednesday, May 24, 2017 / Proposed Rules
Commission’s Web site, at Dated: May 19, 2017. interactions with the Postal Service
www.cftc.gov/projectkiss. Christopher J. Kirkpatrick, substantially the same as if those
The Commission is not asking the Secretary of the Commission. interactions were with entities that are
public to identify rules for revocation, [FR Doc. 2017–10622 Filed 5–23–17; 8:45 am] not part of the federal government.
suspension, annulment, withdrawal, BILLING CODE 6351–01–P II. Background
limitation, amendment, modification,
A. The Existing 39 CFR Subpart A of
conditioning or repeal. The submission
POSTAL REGULATORY COMMISSION Part 3000
of a Project KISS suggestion will not
constitute a petition for issuance, The ethics rules contained in 39 CFR
39 CFR Part 3000 subpart A of part 3000 were adopted in
amendment, or repeal of a rule pursuant
to § 13.2 of the Commission’s [Docket No. RM2017–4; Order No. 3907] a 1971 rulemaking, in which the Civil
regulations,3 nor will it constitute a Service Commission promulgated
request for an exemptive, no-action, or Supplemental Standards of Ethical employee conduct regulations on the
interpretive letter pursuant to § 140.99 Conduct Commission’s behalf.2 In 1993, the
of the Commission’s regulations.4 The Commission collaborated with OGE to
AGENCY: Postal Regulatory Commission.
revise the Commission’s ethics rules in
Commission will treat Project KISS ACTION: Proposed rulemaking. 39 CFR subpart A of part 3000. The
suggestions like the Commission treats
SUMMARY: The Commission proposes to ethics rules in 39 CFR subpart A of part
other correspondence that it receives. 3000 retained ‘‘those portions of the
Submission of a Project KISS suggestion delete its existing ethics rules to avoid
duplication and those changes proposed current standards of conduct not
may not result in Commission action. superseded by [OGE’s] amendments to
to by the Commission with the
All suggestions must be submitted in concurrence of the Office of title 5 of the Code of Federal
English, or if not, accompanied by an Government Ethics. Regulations and incorporate[d]
English translation. Suggestions will be DATES: Comments are due: June 23,
provisions of the Supplemental
posted as received to www.cftc.gov. You 2017. Standards of Ethical Conduct for
should submit only information that Employees of the Postal Rate
FOR FURTHER INFORMATION CONTACT: Commission issued in 5 CFR part 5601
you wish to make available publicly. If
David A. Trissell, General Counsel, at with the concurrence of [OGE].’’ 3 The
you wish to submit information that you
202–789–6820. Commission amended the ethics rules
believe is exempt from disclosure under
SUPPLEMENTARY INFORMATION: in 2001 to eliminate a redundant
the Freedom of Information Act in your
suggestion(s), please submit your Table of Contents provision.4
suggestion(s) via Mail or Hand Delivery/ In 2006, the PAEA made several
I. Introduction changes to the Commission’s regulatory
Courier and also submit a petition for II. Background
confidential treatment of the exempt role. Specifically, the PAEA eliminated
III. Summary of the Proposed Regulatory
the responsibility to adjudicate omnibus
information according to the procedures Changes
IV. Section-by-Section Analysis of the rate cases each year, which set rates for
established in § 145.9 of the
Proposed Changes to 39 CFR Subpart A all Postal Service products.5 Instead,
Commission’s regulations.5 under the PAEA the Commission,
of Part 3000
The Commission reserves the right, V. Section-by-Section Analysis of the among other responsibilities, approves
but shall have no obligation, to review, Proposed Changes to the Title Identified or denies discrete Postal Service
pre-screen, filter, redact, refuse or in Subchapter A of Chapter III of Title 39 requests to change rates of market
remove any or all of your suggestion(s) VI. Administrative Actions dominant products or competitive
VII. Ordering Paragraphs products.6 Proposed rate changes
from www.cftc.gov that it may deem to
be inappropriate for publication, such as I. Introduction include requests to change rates of
a suggestion containing obscene general applicability, e.g., retail rates
The Postal Regulatory Commission
language. Any suggestions that contain available to the public, and rates not of
(Commission) establishes a rulemaking
comments on the merits of an general applicability, e.g., negotiated
docket to consider amending the
outstanding proposed rulemaking will service agreements (NSAs) with private
Commission’s ethics rules, 39 CFR
be retained in the public comment file parties. See id. Post-PAEA, the
subpart A of part 3000. The Commission
for that rulemaking and considered as Commission must make an Annual
proposes to delete its existing ethics
required under the Administrative Compliance Determination report
rules to avoid duplication of 5 CFR part
Procedure Act and other applicable concerning whether the rates or fees in
2635 and those changes proposed to 5
laws. All suggestions that have been effect for the year satisfied statutory and
CFR part 5601 by the Commission with
regulatory requirements and whether
redacted or removed that contain the concurrence of the Office of
any service standards in effect during
comments on the merits of an Government Ethics (OGE).1 This
outstanding proposed rulemaking will rulemaking also proposes to replace the 2 See 36 FR 5412 (Mar. 23, 1971).
be retained in the public comment file deleted ethics rules with new rules that 3 58 FR 42873 (Aug. 12, 1993).
and will be considered as required reflect the Commission’s current 4 66 FR 32544 (Jun. 15, 2001).
under the Administrative Procedure Act regulatory role under the Postal 5 Public Law 109–435, 120 Stat. 3198, sections
mstockstill on DSK30JT082PROD with PROPOSALS
and other applicable laws, and may be Accountability and Enhancement Act 201–202 (2006) (amending 39 U.S.C. 3621–3622
(PAEA), Public Law 109–435, 120 Stat. (2005) and repealing sections 3623–3624).
accessible under the Freedom of 6 The PAEA introduced the division of Postal
Information Act. 3198 (2006). The proposed rules aim to
Service products into market dominant products
treat employees’ and former employees’ (products delivered under the Postal Service
monopoly) and competitive products (all other
1 See Order No. 3906, Notice of Proposed products). 39 U.S.C. 3621–3622 and 39 CFR part
3 17 CFR 13.2.
Rulemaking on Amendments to Supplemental 3010 (regulation of rates for market dominant
4 17 CFR 140.99. Standards of Ethical Conduct for Employees of the products); 39 U.S.C. 3631–3634 and 39 CFR part
5 17 CFR 145.9. Postal Regulatory Commission, May 19, 2017. 3015 (regulation of rates for competitive products).
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207; or other regulations, such as 5 CFR proposed § 5601.102 of title 5,13 the V. Section-by-Section Analysis of the
part 2641. Commission proposes deleting the Proposed Changes to the Title Identified
existing text and title of § 3000.15. in Subchapter A of Chapter III of Title
B. Section 3000.10
Proposed § 3000.15 Additional 39
The deletion of the existing language restriction on gifts. Executive Order No. Title identified in subchapter A of
of § 3000.10. Because the text of the 11570, as amended by Executive Order chapter III of title 39. The Commission
existing § 3000.10 is redundant to 5 CFR proposes removing the existing heading
No. 12107, requires Commission
part 2638, the Commission proposes ‘‘Subchapter A—Personnel’’ from
regulations to prohibit the receipt of
deleting the existing text and title of chapter III of title 39. The existing
anything of value by a Commission
§ 3000.10. heading is incorrect because several
employee ‘‘from an individual or
Proposed § 3000.10 Additional parts of subchapter A of chapter III of
organization having, or likely to have,
required notification of disqualification title 39 do not relate to personnel.
business with the Commission.’’ 14
when seeking employment. Existing Further, the existing heading is
§ 2635.604 of title 5 requires federal Unless an exception applies, federal unnecessary because there are no
employees, including Commission employees, including Commission additional subchapters within chapter
employees, to recuse themselves from employees, generally may not accept III of title 39.
participating in matters that may gifts that are given because of their
directly and predictably affect the official positions or that come from VI. Administrative Actions
financial interest of a prospective certain prohibited sources. 5 CFR The Commission establishes Docket
employer. Proposed § 5601.103 of title 5 2635.202(a). The definition of ‘‘gift’’ No. RM2017–4 for consideration of
specifies the procedure for Commission excludes ‘‘[a]nything which is paid for matters raised by this Order. Additional
employees to provide notice.11 Federal by the Government.’’ 5 CFR information concerning this rulemaking
employees, including Commission 2635.203(b)(7). Therefore, even though may be accessed via the Commission’s
employees, required to file public the Postal Service regularly appears Web site at http://www.prc.gov.
financial disclosure reports (OGE form before and seeks relief from the Interested persons may submit
278(e)), must comply with additional Commission, things of value given by comments no later than 30 days from
notification requirements set forth in the Postal Service to Commission the date of the publication of this notice
§ 2635.607 of title 5 and the Stop employees are not considered gifts in the Federal Register. Pursuant to 39
Trading on Congressional Knowledge under the existing regulations. By U.S.C. 505, Samuel M. Poole is
Act of 2012.12 None of these designated as an officer of the
contrast, § 2635.202(a) of title 5
requirements apply to former Commission (Public Representative) to
generally prohibits acceptance of gifts
Commission employees that seek represent the interests of the general
employment with the Postal Service. that come from non-federal government
public in this proceeding.
However, a Commission employee entities that regularly appear before or
seek relief from the Commission. VII. Ordering Paragraphs
seeking employment with the Postal
Service may experience an actual or an The Commission proposes revising It is ordered:
appearance of a conflict of interest § 3000.15 to similarly prohibit a 1. The Commission establishes Docket
between his or her subsequent Commission employee from accepting a No. RM2017–4 for consideration of the
employment prospects and current gift from the Postal Service unless first matters raised by this Order.
work. permitted by an exception or exclusion 2. Interested persons may submit
Therefore, the Commission proposes contained in § 2635 other than comments no later than 30 days from
to require its employees who seek § 2635.203(b)(7) of title 5. The the date of the publication of this notice
employment with the Postal Service to Commission proposes to retitle in the Federal Register.
provide notice of disqualification 3. Pursuant to 39 U.S.C. 505, the
§ 3000.15 as ‘‘additional limitation on
consistent with the rules applicable to Commission appoints Samuel M. Poole
acceptance of anything of value.’’ The
seeking non-federal employment. The to serve as an officer of the Commission
Commission believes that proposed
Commission proposes retitling § 3000.10 (Public Representative) to represent the
§ 3000.15 is consistent with Executive interests of the general public in this
as ‘‘additional required notification of Order No. 11570, as amended by
disqualification when seeking proceeding.
Executive Order No. 12107. 4. The Secretary shall arrange for
employment.’’ Proposed paragraph (a) of
§ 3000.10 would require a Commission D. Section 3000.20 publication of this order in the Federal
employee seeking employment with the Register.
Postal Service to provide notice The deletion of the existing language By the Commission.
consistent with proposed § 5601.103(a) of § 3000.20. Because the text of the Stacy L. Ruble,
of title 5. Proposed paragraph (b) of existing section 3000.20 is redundant to Secretary.
§ 3000.10 permits the employee to the proposed §§ 5601.104(a) and (b) and
withdraw notice of disqualification 5601.103(a) of title 5,15 the Commission List of Subjects in 39 CFR Part 3000
consistent with proposed § 5601.103(b) proposes deleting the existing text and Conflict of interests.
of title 5. title of § 3000.20. For the reasons discussed in the
Proposed § 3000.20 Reserved. The preamble, the Commission proposes to
mstockstill on DSK30JT082PROD with PROPOSALS
C. Section 3000.15
Commission proposes to reserve amend chapter III of title 39 of the Code
The deletion of the existing language § 3000.20. of Federal Regulations as follows:
of § 3000.15. Because the text of the
CHAPTER III—POSTAL REGULATORY
existing § 3000.15 is redundant to the 13 See supra n.1. COMMISSION
14 See Executive Order No. 11570, 35 FR 18183
11 See supra n.1. (Nov. 24, 1970); Executive Order No. 12107, 44 FR ■ 1. Under the authority of 39 U.S.C.
12 See Public Law 112–105, 126 Stat. 291, 303– 1055 (Dec. 28, 1978). 503 remove the heading of subchapter
04, section 17 (2012). 15 See supra n.1. A.
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PART 3000—STANDARDS OF unless another exception or exclusion to DATES: Written comments must be
CONDUCT § 2635.203 of title 5 applies or a waiver received on or before June 8, 2017.
is granted by the DAEO. Comments postmarked after the close of
■ 2. The authority citation for part 3000
the comment period will be stamped
continues to read as follows: § 3000.20 [Reserved]
‘‘late’’ and may or may not be
Authority: 39 U.S.C. 503; 504, 3603; E.O. [FR Doc. 2017–10636 Filed 5–23–17; 8:45 am]
considered by the Agency.
12674; 54 FR 15159; 3 CFR,1989 Comp., p. BILLING CODE 7710–FW–P
215, as modified by E.O. 12731, 56 FR 42547, ADDRESSES: Submit your comments,
3 CFR, 1990 Comp., p. 396, 5 CFR parts 2634 identified by docket identification (ID)
and 2635. number EPA–HQ–OPPT–2017–0244, by
ENVIRONMENTAL PROTECTION
■ 3. Revise subpart A of part 3000 to AGENCY one of the following methods:
read as follows: • Federal eRulemaking Portal: http://
40 CFR Part 770 www.regulations.gov. Follow the online
Subpart A—General Provisions
[EPA–HQ–OPPT–2017–0244; FRL–9962–85] instructions for submitting comments.
Sec. Do not submit electronically any
3000.5 Post-employment restriction. RIN 2070–AK35 information you consider to be
3000.10 Additional required notification of Confidential Business Information (CBI)
disqualification when seeking Compliance Date Extension;
Formaldehyde Emission Standards for or other information whose disclosure is
employment.
3000.15 Additional restriction on gifts. Composite Wood Products restricted by statute.
3000.20 [Reserved] • Mail: Document Control Office
AGENCY: Environmental Protection (7407M), Office of Pollution Prevention
§ 3000.5 Post-employment restrictions. Agency (EPA). and Toxics (OPPT), Environmental
All former employees of the Postal ACTION: Proposed rule. Protection Agency, 1200 Pennsylvania
Regulatory Commission (Commission) Ave. NW., Washington, DC 20460–0001.
are subject to the following restrictions SUMMARY: EPA is proposing to amend a
on appearance and practice before the final rule that published in the Federal • Hand Delivery: To make special
Commission on behalf of any Register on December 12, 2016, arrangements for hand delivery or
participant, including the United States concerning formaldehyde emission delivery of boxed information, please
Postal Service (Postal Service): standards for composite wood products. follow the instructions at http://
(a) No former employee of the EPA is publishing this proposed www.epa.gov/dockets/contacts.html.
Commission may practice or act as an amendment to extend the Toxic Additional instructions on
attorney, expert witness, or Substances Control Act (TSCA) Title VI commenting or visiting the docket,
representative in connection with any final rule compliance dates including: along with more information about
proceeding or matter before the extending the December 12, 2017 date dockets generally, is available at http://
Commission that the former employee for emission standards, recordkeeping, www.epa.gov/dockets.
has handled, advised, or participated in and labeling provisions until March 22,
the consideration of while in the service 2018; extending the December 12, 2018 FOR FURTHER INFORMATION CONTACT: For
of the Commission. date for import certification provisions technical information contact: Erik
(b) No former employee of the until March 22, 2019; and extending the Winchester, National Program
Commission may within 1 year after his December 12, 2023 date for provisions Chemicals Division, Office of Pollution
or her employment has ceased, practice applicable to producers of laminated Prevention and Toxics, Environmental
before or act as an attorney, expert products until March 22, 2024. Protection Agency, 1200 Pennsylvania
witness, or representative in connection Additionally, this proposed amendment Ave. NW., Washington, DC 20460–0001;
with any proceeding or matter before would extend the transitional period telephone number: (202) 564–6450;
the Commission that was under the during which the California Air email address: winchester.erik@epa.gov.
official responsibility of such Resources Board (CARB) Third Party
individual, as defined in 18 U.S.C. For general information contact: The
Certifiers (TPC) may certify composite
202(b), while in the service of the TSCA-Hotline, ABVI-Goodwill, 422
wood products under TSCA Title VI
Commission. without an accreditation issued by an South Clinton Ave., Rochester, NY
EPA TSCA Title VI Accreditation Body 14620; telephone number: (202) 554–
§ 3000.10 Additional required notification
so long as the TPC remains approved by 1404; email address: TSCA-Hotline@
of disqualification when seeking epa.gov.
employment. CARB, is recognized by EPA, and
complies with all aspects of the SUPPLEMENTARY INFORMATION: For
(a) An employee that seeks
December 12, 2016 final rule. Extension further information about the proposed
employment with the Postal Service
of these compliance dates and the changes to the compliance dates, please
must provide written notice to the
transitional period for CARB TPCs adds
Designated Agency Ethics Official see the information provided in the
regulatory flexibility for regulated
(DAEO) consistent with § 5601.103(a) of direct final action, with the same title,
entities, reduces compliance burdens,
title 5. that is located in the ‘‘Rules and
(b) An employee may withdraw and helps to prevent disruptions to
supply chains. EPA believes that the Regulations’’ section of this issue of the
mstockstill on DSK30JT082PROD with PROPOSALS
written notice under paragraph (a) of Federal Register.
this section consistent with proposed amendment is non-
§ 5601.103(b) of title 5. controversial and does not expect to List of Subjects in 40 CFR Part 770
receive any adverse comments.
§ 3000.15 Additional limitation on Therefore, in addition to this Notice of Environmental protection,
acceptance of anything of value. Proposed Rulemaking, elsewhere in this Formaldehyde, Incorporation by
Regardless of § 2635.203(b)(7) of title issue of the Federal Register, EPA is reference, Reporting and recordkeeping
5, a Commission employee may not promulgating the amendment as a direct requirements, Third-party certification,
accept a gift from the Postal Service, final rule. Toxic substances, Wood.
VerDate Sep<11>2014 17:40 May 23, 2017 Jkt 241001 PO 00000 Frm 00012 Fmt 4702 Sfmt 4702 E:\FR\FM\24MYP1.SGM 24MYP1](https://thefederalregister.org/doc/82_FR_23865/page/4.svg)
Document Created: 2017-05-24 01:03:02
Document Modified: 2017-05-24 01:03:02
| 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 | Proposed Rules | |
| Action | Proposed rulemaking. | |
| Dates | Comments are due: June 23, 2017. | |
| Contact | David A. Trissell, General Counsel, at 202-789-6820. | |
| FR Citation | 82 FR 23766 |
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