82 FR 47105 - Department of the Treasury Employee Rules of Conduct
DEPARTMENT OF THE TREASURY Federal Register Volume 82, Issue 195 (October 11, 2017)
Federal Register Volume 82, Issue 195 (October 11, 2017)
| Page Range | 47105-47107 | |
| FR Document | 2017-21906 |
[Federal Register Volume 82, Number 195 (Wednesday, October 11, 2017)] [Rules and Regulations] [Pages 47105-47107] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-21906] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF THE TREASURY 31 CFR Part 0 RIN 1505-AB89 Department of the Treasury Employee Rules of Conduct AGENCY: Department of the Treasury. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Department of the Treasury (the ``Department'' or ``Treasury'') publishes this final rule to update its Employee Rules of Conduct, which prescribe uniform rules of conduct and procedure for all employees and officials in the Department. DATES: Effective October 11, 2017. FOR FURTHER INFORMATION CONTACT: Brian Sonfield, Deputy Assistant General Counsel, General Law and Regulation, (202) 622-9804. SUPPLEMENTARY INFORMATION: I. Background On June 1, 1995, the Department issued Employee Rules of Conduct prescribing uniform rules of conduct and procedure for all employees and officials in the Department. On February 19, 2016, Treasury published in the Federal Register an interim final rule amending the Employee Rules of Conduct to account for current Department structure resulting from organizational changes that established new bureaus within Treasury and transferred certain functions and/or bureaus from the Department. The interim final rule also amended the Rules of Conduct to remove provisions [[Page 47106]] that pertain solely to standards of ethical conduct. The standards of ethical conduct governing employees of the Department are contained in uniform standards of ethical conduct promulgated by the Office of Government Ethics that apply to all executive branch personnel, codified at 5 CFR part 2635 (Executive Branch-wide Standards), and in the Supplemental Standards of Ethical Conduct for Employees of the Department of the Treasury, codified at 5 CFR part 3101 (Treasury Supplemental Standards). Finally, the interim final rule amended the Rules of Conduct to ensure the efficient functioning of the Department and to conform to changes in the law or Department policy. The interim final rule went into effect on February 19, 2016. The public comment period for the interim final rule closed on April 19, 2016. One written comment responding to the interim final rule was received and is available for public inspection at http://www.regulations.gov or upon request. After consideration of the comment, the interim final rule revising part 0 in its entirety is adopted as amended by this final rule. II. Public Comment and Summary of Changes From the Interim Final Rules Section 0.216 of the interim final rule states: ``Except for the official handling, through the proper channels, of matters relating to legislation in which the Department has an interest, employees shall not use government time, money, or property to petition a Member of Congress to favor or oppose any legislation or proposed legislation, or to encourage others to do so.'' The commenter expressed concern that this language has the potential to interfere with the right of an employee representative under the Federal Labor Management Relations Statute, 5 U.S.C. 7101, et seq., to communicate with Congress and to educate its members about legislative proposals. The commenter also observed that interim final rule section 0.216 could impermissibly chill communications between union leaders and bargaining unit employees about such proposals. Treasury recognizes that it has a duty to bargain with the representatives of its employees over proposals to permit the use of official time for such representatives to lobby Congress regarding matters affecting conditions of employment. See AFGE and U.S. Dep't of Labor, 61 F.L.R.A. 209, 216 (2005). Section 0.216 was not intended to preclude such bargaining. In order to clarify Treasury's intent, section 0.216 has been revised to reflect that the use of government time, to petition a Member of Congress to favor or oppose any legislation or proposed legislation, is not prohibited where permitted by a collective bargaining agreement. Accordingly, the following additional sentence has been added to the end of section 0.216: ``This section does not prohibit the use of government time by union representatives to petition a Member of Congress to favor or oppose any legislation or proposed legislation, where permitted by the terms of a collective bargaining agreement.'' Treasury disagrees that section 0.216 can reasonably be construed to limit all communications between union leaders and bargaining unit employees about legislative proposals, including those that would educate union members about legislative proposals affecting their government employment. The rule prohibits only the use of government time, money, or property for communications encouraging others to petition a Member of Congress to favor or oppose any legislation or proposed legislation. Such a prohibition does not interfere with any employee right. Although not the subject of a public comment, Treasury has also made a clarifying change to section 0.215. That section of the interim final rule provided: ``An employee shall not electronically transmit, or create audio or video recordings of, conversations, meetings, or conferences in the workplace or while conducting business on behalf of the Department, except where doing so is part of the employee's official duties'' (emphasis added). This wording could be construed to preclude ad hoc authorizations to record where doing so is not part of an employee's official duties. That was not Treasury's intention, and the section has therefore been changed to substitute the phrase ``where authorized'' for the phrase ``where doing so is part of the employee's official duties.'' III. Matters of Regulatory Procedure Regulatory Flexibility Act Because, as explained at 81 FR 8402 (Feb. 19, 2016), no notice of proposed rulemaking was required, the provisions of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) do not apply. Unfunded Mandates Reform Act Section 202 of the Unfunded Mandates Reform Act of 1995 (Unfunded Mandates Act) requires an agency to prepare a budgetary impact statement before promulgating a rule that includes a federal mandate that may result in expenditure by State, local, and tribal governments, in the aggregate, or by the private sector, of $100 million or more in any one year. If a budgetary impact statement is required, section 205 of the Unfunded Mandates Act also requires an agency to identify and consider a reasonable number of regulatory alternatives before promulgating a rule. This rule generally sets out the conduct regulations that all Department employees and officials are required to follow. The Department therefore has determined that the rule will not result in expenditures by state, local or tribal governments or by the private sector of $100 million or more. Accordingly, the Department has not prepared a budgetary impact statement or specifically addressed the regulatory alternatives considered. Administrative Procedure Act Under 5 U.S.C. 553(a)(2), rules relating to agency management and personnel are exempt from the rulemaking requirements of the Administrative Procedure Act (APA). As set forth in the description of the interim rule, this final rule affects only the Department and its personnel; therefore, the APA requirements for prior notice and opportunity to comment and a delayed effective date are inapplicable. Even if this rulemaking were subject to APA procedures, the Department finds that good cause exists, pursuant to 5 U.S.C. 553(b) and (d), that the requirements for prior notice and comment are unnecessary because the rule affects only Treasury employees. List of Subjects in 31 CFR Part 0 Government employees. For reasons set forth in the preamble, the interim rule published February 19, 2016, at 81 FR 8402, is adopted as final with the following changes: PART 0--DEPARTMENT OF THE TREASURY EMPLOYEE RULES OF CONDUCT 0 1. The authority citation for part 0 continues to read as follows: Authority: 5 U.S.C. 301. 0 2. Revise Sec. 0.215 to read as follows: Sec. 0.215 Recording government business. An employee shall not electronically transmit, or create audio or video recordings of, conversations, meetings, or conferences in the workplace or while conducting business on behalf of the Department, except where authorized. 0 3. Revise Sec. 0.216 to read as follows: [[Page 47107]] Sec. 0.216 Influencing legislation or petitioning Congress. Except for the official handling, through the proper channels, of matters relating to legislation in which the Department has an interest, employees shall not use government time, money, or property to petition a Member of Congress to favor or oppose any legislation or proposed legislation, or to encourage others to do so. This section does not prohibit the use of government time by union representatives to petition a Member of Congress to favor or oppose any legislation or proposed legislation, where permitted by the terms of a collective bargaining agreement. Dated: October 4, 2017. Kody H. Kinsley, Assistant Secretary for Management. [FR Doc. 2017-21906 Filed 10-10-17; 8:45 am] BILLING CODE 4810-25-P
![Federal Register / Vol. 82, No. 195 / Wednesday, October 11, 2017 / Rules and Regulations 47105
description to reflect the FAA’s that warrant preparation of an extending from the 4.3-mile radius to 8 miles
transition from ground-based to environmental assessment. west of the airport.
satellite-based navigation aids. Paragraph 6005 Class E Airspace Areas
Lists of Subjects in 14 CFR Part 71
Additionally, Class E airspace Extending Upward From 700 Feet or More
extending upward from 700 feet above Airspace, Incorporation by reference, Above the Surface of the Earth.
the surface is enlarged west of the Navigation (air). * * * * *
airport from the 6.8-mile radius of the Adoption of the Amendment AWP HI E5 Kaunakakai, HI [Amended]
airport to an area 10 miles wide (from
3.6 miles wide) extending to 12.4 miles In consideration of the foregoing, the Molokai Airport, HI
west (from 8.3 miles west) of the airport. Federal Aviation Administration (Lat. 21°09′10″ N., long. 157°05′47″ W.)
This action also updates the airport’s amends 14 CFR part 71 as follows: That airspace extending upward from the
surface within a 6.8-mile radius of Molokai
geographic coordinates for the PART 71—DESIGNATION OF CLASS A, Airport and within 5.4 miles north and 4.8
associated Class D and E airspace areas B, C, D, AND E AIRSPACE AREAS; AIR miles south of a 255° bearing from Molokai
to reflect the FAA’s current aeronautical TRAFFIC SERVICE ROUTES; AND Airport extending from the 6.8-mile radius to
database. Additionally, this action REPORTING POINTS 12.4 miles west of the airport.
replaces the outdated term ‘‘Airport/
Facility Directory’’ with the term ‘‘Chart ■ 1. The authority citation for part 71 Issued in Seattle, Washington, on October
Supplement’’ in the Class D and E 3, 2017.
continues to read as follows:
airspace legal descriptions. These B.G. Chew,
Authority: 49 U.S.C. 106(f), 106(g); 40103,
modifications are necessary for the 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR,
Acting Group Manager, Operations Support
safety and management of IFR Group, Western Service Center.
1959–1963 Comp., p. 389.
operations at the airport. [FR Doc. 2017–21785 Filed 10–10–17; 8:45 am]
Lastly, a technical amendment is § 71.1 [Amended] BILLING CODE 4910–13–P
made to rename the airspace ■ 2. The incorporation by reference in
designation for the following airspace 14 CFR 71.1 of FAA Order 7400.11B,
areas: AWP HI D Molokai, HI, is Airspace Designations and Reporting DEPARTMENT OF THE TREASURY
renamed Kaunakakai, HI; AWP HI E2 Points, dated August 3, 2017, and
Molokai, HI, is renamed Kaunakakai, HI; effective September 15, 2017, is 31 CFR Part 0
and AWP HI E5 Molokai, HI, is renamed amended as follows: RIN 1505–AB89
Kaunakakai, HI, to remain consistent in
the Order. Paragraph 5000 Class D Airspace.
Department of the Treasury Employee
* * * * * Rules of Conduct
Regulatory Notices and Analyses
AWP HI D Kaunakakai, HI [Amended] AGENCY: Department of the Treasury.
The FAA has determined that this
Molokai Airport, HI ACTION: Final rule.
regulation only involves an established (Lat. 21°09′10″ N., long. 157°05′47″ W.)
body of technical regulations for which
That airspace extending upward from the SUMMARY: The Department of the
frequent and routine amendments are surface to and including 3,000 feet MSL Treasury (the ‘‘Department’’ or
necessary to keep them operationally within a 4.3-mile radius of Molokai Airport. ‘‘Treasury’’) publishes this final rule to
current, is non-controversial and This Class D airspace area is effective during update its Employee Rules of Conduct,
unlikely to result in adverse or negative the specific dates and times established in which prescribe uniform rules of
comments. It, therefore: (1) Is not a advance by a Notice to Airmen. The effective
date and time will thereafter be continuously
conduct and procedure for all
‘‘significant regulatory action’’ under
published in the Chart Supplement. employees and officials in the
Executive Order 12866; (2) is not a
Department.
‘‘significant rule’’ under DOT Paragraph 6002 Class E Airspace
Regulatory Policies and Procedures (44 Designated as Surface Areas. DATES: Effective October 11, 2017.
FR 11034; February 26, 1979); and (3) * * * * * FOR FURTHER INFORMATION CONTACT:
does not warrant preparation of a Brian Sonfield, Deputy Assistant
Regulatory Evaluation as the anticipated AWP HI E2 Kaunakakai, HI [New] General Counsel, General Law and
impact is so minimal. Since this is a Molokai Airport, HI Regulation, (202) 622–9804.
routine matter that only affects air traffic (Lat. 21°09′10″ N., long. 157°05′47″ W.) SUPPLEMENTARY INFORMATION:
procedures and air navigation, it is That airspace extending upward from the
certified that this rule, when surface within a 4.3-mile radius of Molokai I. Background
promulgated, will not have a significant Airport. This Class E airspace area is effective On June 1, 1995, the Department
during the specific dates and times
economic impact on a substantial issued Employee Rules of Conduct
established in advance by a Notice to
number of small entities under the Airmen. The effective date and time will prescribing uniform rules of conduct
criteria of the Regulatory Flexibility Act. thereafter be continuously published in the and procedure for all employees and
Chart Supplement. officials in the Department. On February
Environmental Review
19, 2016, Treasury published in the
The FAA has determined that this Paragraph 6004 Class E Airspace Areas Federal Register an interim final rule
Designated as an Extension to a Class D or
action qualifies for categorical exclusion Class E Surface Area.
amending the Employee Rules of
under the National Environmental Conduct to account for current
Policy Act in accordance with FAA * * * * * Department structure resulting from
ethrower on DSK3G9T082PROD with RULES
Order 1050.1F, ‘‘Environmental AWP HI E4 Kaunakakai, HI [Amended] organizational changes that established
Impacts: Policies and Procedures,’’ Molokai Airport, HI new bureaus within Treasury and
paragraph 5–6.5a. This airspace action (Lat. 21°09′10″ N., long. 157°05′47″ W.) transferred certain functions and/or
is not expected to cause any potentially That airspace extending upward from the bureaus from the Department. The
significant environmental impacts, and surface within 1.5 miles north and 2.8 miles interim final rule also amended the
no extraordinary circumstances exist south of a 255° bearing from Molokai Airport Rules of Conduct to remove provisions
VerDate Sep<11>2014 20:04 Oct 10, 2017 Jkt 244001 PO 00000 Frm 00023 Fmt 4700 Sfmt 4700 E:\FR\FM\11OCR1.SGM 11OCR1](https://thefederalregister.org/doc/82_FR_47300/page/1.svg)
![Federal Register / Vol. 82, No. 195 / Wednesday, October 11, 2017 / Rules and Regulations 47107
§ 0.216 Influencing legislation or Federal financial assistance. The Civil the Office of the Assistant Secretary for
petitioning Congress. Rights Restoration Act of 1987 (Pub. L. Management, will conduct Treasury
Except for the official handling, 100–259, 102 Stat. 28, 31 (1988)) enforcement. OCRD enforces all civil
through the proper channels, of matters amended the Act and other civil rights rights laws applicable to entities
relating to legislation in which the statutes to define ‘‘program or activity’’ receiving financial assistance from
Department has an interest, employees to mean all of the operations of Treasury.
shall not use government time, money, specified entities, any part of which is The rule is not intended to alter the
or property to petition a Member of extended Federal financial assistance. legal standards found in the Act or the
Congress to favor or oppose any See 42 U.S.C. 6107(4). government-wide regulations, which are
legislation or proposed legislation, or to The Act applies to discrimination at applicable to recipients of Federal
encourage others to do so. This section all age levels. The Act also contains financial assistance from Treasury
does not prohibit the use of government specific exceptions that permit the use under other statutes. Treasury does not
time by union representatives to of certain age distinctions and factors provide financial assistance within the
petition a Member of Congress to favor other than age that meet the Act’s meaning of these rules merely by
or oppose any legislation or proposed requirements. disbursing a payment on behalf of
legislation, where permitted by the The Act required the former another Federal agency. The rule closely
terms of a collective bargaining Department of Health, Education, and follows the wording and format of rules
agreement. Welfare (HEW) to issue general, issued by other Federal agencies to
government-wide regulations, setting implement the Act. In particular,
Dated: October 4, 2017.
standards to be followed by all Federal Treasury modeled much of its proposal
Kody H. Kinsley, agencies implementing the Act. These on the agency-specific regulations
Assistant Secretary for Management. government-wide regulations, which issued by HHS, the lead Federal agency
[FR Doc. 2017–21906 Filed 10–10–17; 8:45 am] were issued on June 12, 1979 (44 FR coordinating implementation of the Act
BILLING CODE 4810–25–P 33768), and became effective on July 1, (45 CFR part 91; 47 FR 57850, Dec. 28,
1979, require each Federal agency 1982); and the Department of Education
providing financial assistance to any (ED) (34 CFR part 110; 58 FR 40194, July
DEPARTMENT OF THE TREASURY program or activity to publish proposed 27, 1993). The government-wide, HHS,
regulations implementing the Act, and and ED rules were subjected to
31 CFR Part 23 to submit final agency regulations to extensive public scrutiny, and the
RIN 1505–AC51 HEW (now the Department of Health public comments were considered in
and Human Services (HHS)), before finalizing those rules. Readers may
Nondiscrimination on the Basis of Age publication in the Federal Register. See review the HHS and ED Federal
in Programs and Activities Receiving 45 CFR 90.31. Register publications for historical and
Federal Financial Assistance From the The Act became effective on the explanatory material regarding the Act,
Department of the Treasury effective date of HEW’s final the government-wide regulations, and
government-wide regulations (i.e., July the provisions of the HHS and ED
AGENCY: Department of the Treasury. 1, 1979). Treasury has enforced the implementing regulations.
ACTION: Final rule. provisions of the Act since that time. As In general, the final rule mirrors the
SUMMARY: This final rule sets out the a practical matter, the absence of government-wide regulations at 45 CFR
Department of the Treasury’s (Treasury) Treasury-specific age regulations has part 90 and HHS’s and ED’s regulations
rules for implementing the Age not had an impact on Treasury’s legal implementing the Act, with
Discrimination Act of 1975, as amended authority to enforce prohibitions against modifications to aid consistency and
(the Act). The Act prohibits discrimination on the basis of age in clarify the Treasury specific provisions.
discrimination on the basis of age in programs or activities receiving Federal Subpart A sets forth the rule’s purpose,
programs and activities receiving financial assistance from Treasury. applications, and definitions. Subpart B
Federal financial assistance. The Act, Specifically, persons alleging age contains the standards for determining
which applies to persons of all ages, discrimination have not been hampered age discrimination. Subpart C comprises
permits the use of certain age in their ability to file complaints nor has the duties and responsibilities of
distinctions and factors other than age Treasury’s Office of Civil Rights and Treasury recipients. Subpart D
that meet the Act’s requirements. This Diversity’s (OCRD) ability to process establishes the procedures for
final rule follows publication of an these complaints been affected. investigations, conciliation and
On August 4, 2015 (80 FR 46208), the enforcement. For a complete discussion
August 4, 2015, proposed rule and takes
Department issued a notice of proposed of the proposal, see the August 4, 2015,
into account the comments received.
rulemaking and invited comments on all proposed rule at 80 FR 46208.
DATES: Effective November 13, 2017. aspects of the proposal.
FOR FURTHER INFORMATION CONTACT: III. Summary of Public Comments and
Mariam G. Harvey, Director, Office of II. Overview of Final Rule Explanation of Revisions
Civil Rights and Diversity, Department This rule is designed to fulfill the Treasury received three comments on
of the Treasury, (202) 622–0316 (voice). statutory and regulatory obligations of the proposed rule which generally
SUPPLEMENTARY INFORMATION: Treasury to issue a regulation supported the rule. One commenter
implementing the Act that conforms to suggested revisions that are discussed
I. Background the government-wide regulations at 45 below.
CFR part 90. The rule carries out the The commenter suggested there could
ethrower on DSK3G9T082PROD with RULES
The Age Discrimination Act of 1975,
42 U.S.C. 6101–6107 (‘‘the Act’’), which Act’s prohibition of discrimination be confusion in the employer
Congress enacted as part of amendments based on age in programs and activities community and among employees who
to the Older Americans Act (Pub. L. 94– receiving financial assistance from may not be aware that the Age
135, 89 Stat. 713, 728), prohibits Treasury and provides appropriate Discrimination Act (Age Act), and the
discrimination on the basis of age in investigative, conciliation, and Age Discrimination in Employment Act
programs and activities receiving enforcement procedures. OCRD, part of (ADEA) are separate statutes with
VerDate Sep<11>2014 20:04 Oct 10, 2017 Jkt 244001 PO 00000 Frm 00025 Fmt 4700 Sfmt 4700 E:\FR\FM\11OCR1.SGM 11OCR1](https://thefederalregister.org/doc/82_FR_47300/page/3.svg)
Document Created: 2018-10-25 10:01:17
Document Modified: 2018-10-25 10:01:17
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | Effective October 11, 2017. | |
| Contact | Brian Sonfield, Deputy Assistant General Counsel, General Law and Regulation, (202) 622-9804. | |
| FR Citation | 82 FR 47105 | |
| RIN Number | 1505-AB89 |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR