82_FR_50528 82 FR 50319 - Supplemental Standards of Ethical Conduct

82 FR 50319 - Supplemental Standards of Ethical Conduct

POSTAL REGULATORY COMMISSION

Federal Register Volume 82, Issue 209 (October 31, 2017)

Page Range50319-50321
FR Document2017-23576

The Commission revises its existing ethics rules to replace those duplicative rules with rules that reflect the Commission's current regulatory role under the Postal Accountability and Enhancement Act.

Federal Register, Volume 82 Issue 209 (Tuesday, October 31, 2017)
[Federal Register Volume 82, Number 209 (Tuesday, October 31, 2017)]
[Rules and Regulations]
[Pages 50319-50321]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-23576]


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POSTAL REGULATORY COMMISSION

39 CFR Part 3000

[Docket No. RM2017-4; Order No. 4178]


Supplemental Standards of Ethical Conduct

AGENCY: Postal Regulatory Commission.

ACTION: Final rule.

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SUMMARY: The Commission revises its existing ethics rules to replace 
those duplicative rules with rules that reflect the Commission's 
current regulatory role under the Postal Accountability and Enhancement 
Act.

DATES: Effective date: November 30, 2017.

FOR FURTHER INFORMATION CONTACT: David A. Trissell, General Counsel, at 
202-789-6820.

SUPPLEMENTARY INFORMATION: 

Table of Contents

I. Introduction
II. Background
III. Comments
IV. Commission Analysis
V. Ordering Paragraphs

I. Introduction

    On May 24, 2017, the Postal Regulatory Commission (Commission) 
issued a notice of proposed rulemaking to amend the Commission's ethics 
rules, 39 CFR subpart A of part 3000.\1\ On the same day, with the 
concurrence of the Office of Government Ethics (OGE), the Commission 
also issued a notice of proposed rulemaking to amend the supplemental 
standards of ethical conduct, 5 CFR part 5601, applicable to Commission 
employees.\2\
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    \1\ 82 FR 23766 (May 24, 2017). The Commission posted this 
document on its Web site on May 19, 2017. Notice of Proposed 
Rulemaking on Amendments to Ethics Rules, May 19, 2017 (Order No. 
3907).
    \2\ 82 FR 23758 (May 24, 2017). The Commission posted this 
document on its Web site on May 19, 2017. 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.
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    Executive branch employees are subject to multiple federal ethics 
laws, regulations issued by OGE, and executive orders. Because existing 
39 CFR subpart A of part 3000 contains several rules that are 
duplicative of rules contained in 5 CFR part 2638 and 5 CFR part 5601, 
as amended, the Commission will revise existing 39 CFR subpart A of 
part 3000. The Commission will replace those duplicative rules with 
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 revised rules will 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.

II. Background

    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. 36 
FR 5412 (Mar. 23, 1971). In 1993, the Commission collaborated with OGE 
to revise the Commission's ethics rules in 39 CFR subpart A of part 
3000. 58 FR 42873, 42874 (Aug. 12, 1993). The Commission amended the 
ethics rules in 2001 to eliminate a redundant provision. 66 FR 32544, 
32545 (Jun. 15, 2001).
    In 2006, the PAEA changed the agency's name from the Postal Rate 
Commission to the Postal Regulatory Commission and made several changes 
to the Commission's regulatory role. In 2007, the Commission amended 
its ethics rules to correct the statutory authority and the agency's 
name, both of which were changed by the PAEA. 72 FR 33164, 33165 (Jun. 
15, 2007). 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. 81 FR 
42534, 42540 (Jun. 30, 2016). Neither amendment modernized the 
Commission's ethics rules to reflect the PAEA's enhancements to the 
Commission's responsibilities.
    Because the ethics rules in existing 39 CFR subpart A of part 3000 
are redundant to rules contained in title 5 of the Code of Federal 
Regulations, the Commission undertook this rulemaking to streamline its 
regulations. Order No. 3907 at 4-5. Further, the PAEA's changes to the 
Commission's responsibilities drive the need to modernize the ethics 
rules to ensure that consistent rules will apply to employees' and 
former employees' interactions with entities outside the federal 
government and with the Postal Service.

III. Comments

    The Commission received two sets of comments pertaining to the 
proposed revisions to the supplemental standards of ethical conduct and 
the Commission's ethics rules.
    Sum Comments. The Commission received the following comment through 
the www.federalregister.gov Web site: ``Any deletion of ethical conduct 
would not be in the best

[[Page 50320]]

interest of the American people due to transparency.'' \3\
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    \3\ Comment Received from Beth Sum, June 19, 2017 (Sum 
Comments). For transparency, this comment was posted to the 
Commission's Web site and associated with this docket.
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    PR Comments. The Public Representative supports the proposed 
revisions.\4\ He deems it ``critical that the Commission's ethics rules 
accurately reflect its role as a regulator and are reflective of the 
agency's procedures.'' PR Comments at 2. He concludes that the proposed 
revisions serve the public interest, reinforce public perception of the 
Commission's integrity, and increase accessibility and transparency. 
Id. He states that ``the Commission's judgment that the standards 
applied to private firms should apply to the Postal Service is 
reasonable.'' Id. at 2-3. He also states that the proposed revisions 
help to ``maintain the public's confidence that Commission staff are 
fulfilling their roles impartially.'' Id. at 2.
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    \4\ Public Representative Comments on Notices of Proposed 
Rulemaking on Amendments to Ethics Rules and Amendments to 
Supplemental Standards of Ethical Conduct for Employees of the 
Postal Regulatory Commission, June 26, 2017 (PR Comments). The 
Public Representative also filed a motion for late acceptance of his 
comments. Motion of Public Representative for Late Acceptance of 
Comments, June 26, 2017 (Motion). The Motion is granted.
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    He observes that the proposed deletions are primarily editorial 
revisions made to delete duplicative and outdated sections. Id. at 3. 
He notes that the proposed deletions will not limit the ethical 
obligations of Commission employees. Id.

IV. Commission Analysis

    Neither commenter suggested changes to the proposed rules. The 
Public Representative supports the proposed rules. Id. at 2-3. In 
response to the concern expressed in the Sum Comments, the Commission 
reiterates its commitment to upholding the highest ethical standards. 
As executive branch employees, Commission employees remain subject to 
several statutes governing conflicts of interests (see, e.g., 18 U.S.C. 
201-219); the standards of ethical conduct appearing in Executive Order 
12674, as amended by Executive Order 12731; \5\ and regulations 
promulgated by OGE relating to several issues, including financial 
disclosure, the standards of ethical conduct, and post-employment 
conflicts of interest (see, e.g., 5 CFR parts 2634, 2635, and 2641). 
Commission employees are also subject to the supplemental standards of 
ethical conduct, 5 CFR part 5601, which are also being revised to 
reflect the Commission's modern regulatory role under the PAEA and to 
remove duplicative and outdated provisions.\6\ The regulations at issue 
in this Order, the ethics rules applicable to Commission employees 
only, concern restrictions imposed upon Commission employees in 
addition to these laws and standards. The proposed revisions remain 
consistent with these laws and do not abrogate their application in any 
way. Streamlining the Commission's ethics rules supports OGE's mission 
to establish a single, comprehensive, and clear set of executive branch 
standards of ethical conduct in accordance with Executive Order 12731. 
The proposed revisions will not lead to any reduction in the ethical 
obligations of Commission employees. Ultimately, the proposed revisions 
will enhance the Commission's adherence to ethical conduct by more 
accurately reflecting the Commission's modern regulatory role under the 
PAEA.
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    \5\ See Executive Order No. 12674, 54 FR 15159 (Apr. 12, 1989); 
Executive Order No. 12731, 55 FR 42547 (Oct. 17, 1990).
    \6\ Order No. 4177, Order Amending Supplemental Standards of 
Ethical Conduct for Employees of the Postal Regulatory Commission, 
October 25, 2017.
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    Specifically, the Commission deletes the four rules in existing 39 
CFR subpart A of part 3000, which are redundant to provisions contained 
in title 5 of the Code of Federal Regulations, as displayed in the 
following table:

------------------------------------------------------------------------
  Existing subpart A of      Description of the    Duplicative provision
        part 3000               existing rule       contained in title 5
------------------------------------------------------------------------
Sec.   3000.5............  Cross-reference to      5 CFR 5601.101(a), as
                            employee ethical        amended by Order No.
                            conduct standards and   4177.
                            financial disclosure
                            regulations.
Sec.   3000.10...........  Memorializing the       5 CFR part 2638.
                            duties of the
                            Designated Agency
                            Ethics Official
                            (DAEO) for the
                            Commission.
Sec.   3000.15...........  Memorializing the       5 CFR 5601.102, as
                            prohibition against     amended by Order No.
                            financial conflicts     4177.
                            of interest.
Sec.   3000.20...........  Prohibited outside      5 CFR 5601.104(a) and
                            employment, prior       (b) and 5601.103(a),
                            approval to engage in   as amended by Order
                            outside employment,     No. 4177.
                            and disqualification
                            when seeking non-
                            federal employment.
------------------------------------------------------------------------

    Further, as detailed in Order No. 3907, the Commission issues 
replacement rules that will improve transparency and the ability of 
Commission employees to adhere to the highest ethical standards. 
Specifically, these rules 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. As noted by the Public Representative, this will serve the 
public interest and reinforce public perception of the Commission's 
integrity with respect to the oversight of the Postal Service. See PR 
Comments at 2.
    The Commission makes two editorial revisions. First, the Commission 
corrects the format of the cross-references to title 5 of the Code of 
Federal Regulations in proposed Sec. Sec.  3000.10 and 3000.15.
    Second, the Commission clarifies the text of proposed Sec.  
3000.10(a), relating to the obligation of Commission employees seeking 
employment with the Postal Service to provide written notice of 
disqualification to the DAEO. The Commission adds a cross-reference to 
reflect that this obligation supplements the requirement that 
Commission employees seeking non-federal employment provide written 
notice of disqualification to the DAEO. Also, the Commission adds a 
procedural sentence memorializing that the DAEO will inform the 
employee and the employee's supervisor in writing of each matter from 
which the employee is disqualified from participating. This clarifying 
revision will better ensure that the employee is disqualified from all 
applicable matters. For these reasons and those reasons detailed in 
Order No. 3907, the Commission adopts the proposed rules without 
substantial changes.

V. Ordering Paragraphs

    It is ordered:
    1. Subpart A of part 3000 of title 39, Code of Federal Regulations, 
is

[[Page 50321]]

amended as set forth below the signature of this Order effective 30 
days after the date of publication of this Order in the Federal 
Register.
    2. The Secretary shall arrange for publication of this order in the 
Federal Register.

List of Subjects in 39 CFR Part 3000

    Conflict of interests.

    By the Commission.
Stacy L. Ruble,
Secretary.

    For the reasons discussed in the preamble, the Commission amends 
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.

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 restrictions.
3000.10 Additional required notification of disqualification when 
seeking employment.
3000.15 Additional restriction on acceptance of anything of value.
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) Notwithstanding 5 CFR 2635.603(a), an employee that seeks 
employment with the Postal Service must provide written notice of 
disqualification to the Designated Agency Ethics Official (DAEO) 
consistent with 5 CFR 5601.103(a). The DAEO will inform the employee 
and the employee's supervisor in writing of each matter from which the 
employee is disqualified from participating.
    (b) An employee may withdraw written notice under paragraph (a) of 
this section consistent with 5 CFR 5601.103(b).


Sec.  3000.15   Additional limitation on acceptance of anything of 
value.

    Regardless of 5 CFR 2635.203(b)(7), a Commission employee may not 
accept a gift from the Postal Service, unless another exception or 
exclusion to 5 CFR 2635.203 applies or a waiver is granted by the DAEO.


Sec.  3000.20   [Reserved]

[FR Doc. 2017-23576 Filed 10-30-17; 8:45 am]
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                                                              Federal Register / Vol. 82, No. 209 / Tuesday, October 31, 2017 / Rules and Regulations                                        50319

                                             List of Subjects in 33 CFR Part 165                     POSTAL REGULATORY COMMISSION                          3198 (2006). The revised rules will treat
                                                                                                                                                           employees’ and former employees’
                                               Marine safety, Navigation (water),                    39 CFR Part 3000                                      interactions with the Postal Service
                                             Reporting and recordkeeping                                                                                   substantially the same as if those
                                                                                                     [Docket No. RM2017–4; Order No. 4178]
                                             requirements, Security measures,                                                                              interactions were with entities that are
                                             Waterways.                                              Supplemental Standards of Ethical                     not part of the federal government.
                                               For the reasons discussed in the                      Conduct                                               II. Background
                                             preamble, the Coast Guard amends 33                     AGENCY:  Postal Regulatory Commission.                   The ethics rules contained in 39 CFR
                                             CFR part 165 as follows:                                ACTION: Final rule.                                   subpart A of part 3000 were adopted in
                                                                                                                                                           a 1971 rulemaking, in which the Civil
                                             PART 165—REGULATED NAVIGATION                           SUMMARY:   The Commission revises its                 Service Commission promulgated
                                             AREAS AND LIMITED ACCESS AREAS                          existing ethics rules to replace those                employee conduct regulations on the
                                                                                                     duplicative rules with rules that reflect             Commission’s behalf. 36 FR 5412 (Mar.
                                             ■ 1. The authority citation for part 165                the Commission’s current regulatory                   23, 1971). In 1993, the Commission
                                             continues to read as follows:                           role under the Postal Accountability and              collaborated with OGE to revise the
                                                                                                     Enhancement Act.                                      Commission’s ethics rules in 39 CFR
                                               Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
                                             33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;               DATES: Effective date: November 30,                   subpart A of part 3000. 58 FR 42873,
                                             Department of Homeland Security Delegation              2017.                                                 42874 (Aug. 12, 1993). The Commission
                                             No. 0170.1.                                             FOR FURTHER INFORMATION CONTACT:                      amended the ethics rules in 2001 to
                                                                                                     David A. Trissell, General Counsel, at                eliminate a redundant provision. 66 FR
                                             ■ 2. Add § 165.T08–0891 to read as                      202–789–6820.                                         32544, 32545 (Jun. 15, 2001).
                                             follows:                                                SUPPLEMENTARY INFORMATION:
                                                                                                                                                              In 2006, the PAEA changed the
                                                                                                                                                           agency’s name from the Postal Rate
                                             § 165.T08–0891 Safety Zone: Monongahela                 Table of Contents                                     Commission to the Postal Regulatory
                                             River, Monongahela, PA.                                                                                       Commission and made several changes
                                                                                                     I. Introduction
                                               (a) Location. The following area is a                 II. Background                                        to the Commission’s regulatory role. In
                                             safety zone: All navigable waters of the                III. Comments                                         2007, the Commission amended its
                                             Monongahela River from mile marker                      IV. Commission Analysis                               ethics rules to correct the statutory
                                                                                                     V. Ordering Paragraphs                                authority and the agency’s name, both of
                                             (MM) 31.5 to MM 32.5.
                                                                                                     I. Introduction                                       which were changed by the PAEA. 72
                                               (b) Effective date. This rule is effective                                                                  FR 33164, 33165 (Jun. 15, 2007). In
                                             from 8:30 p.m. through 10:30 p.m. on                       On May 24, 2017, the Postal                        2016, the Commission amended its
                                             November 17, 2017.                                      Regulatory Commission (Commission)                    ethics rules to redesignate the
                                                (c) Regulations. (1) In accordance with              issued a notice of proposed rulemaking                numbering to be consistent with the
                                             the general regulations in § 165.23, entry              to amend the Commission’s ethics rules,               Federal Register Document Drafting
                                             into this zone is prohibited unless                     39 CFR subpart A of part 3000.1 On the                Handbook and to correct the listed
                                                                                                     same day, with the concurrence of the                 authority. 81 FR 42534, 42540 (Jun. 30,
                                             authorized by the Captain of the Port
                                                                                                     Office of Government Ethics (OGE), the                2016). Neither amendment modernized
                                             Marine Safety Unit Pittsburgh (COTP) or
                                                                                                     Commission also issued a notice of                    the Commission’s ethics rules to reflect
                                             a designated representative.                            proposed rulemaking to amend the                      the PAEA’s enhancements to the
                                                (2) Persons or vessels requiring entry               supplemental standards of ethical                     Commission’s responsibilities.
                                             into or passage through the zone must                   conduct, 5 CFR part 5601, applicable to                  Because the ethics rules in existing 39
                                             request permission from the COTP or a                   Commission employees.2                                CFR subpart A of part 3000 are
                                             designated representative. The                             Executive branch employees are                     redundant to rules contained in title 5
                                             designated representative may be                        subject to multiple federal ethics laws,              of the Code of Federal Regulations, the
                                             contacted at 412–221–0807.                              regulations issued by OGE, and                        Commission undertook this rulemaking
                                                (3) All persons and vessels shall                    executive orders. Because existing 39                 to streamline its regulations. Order No.
                                                                                                     CFR subpart A of part 3000 contains                   3907 at 4–5. Further, the PAEA’s
                                             comply with the instructions of the
                                                                                                     several rules that are duplicative of                 changes to the Commission’s
                                             COTP or a designated representative.
                                                                                                     rules contained in 5 CFR part 2638 and                responsibilities drive the need to
                                             Designated representatives include
                                                                                                     5 CFR part 5601, as amended, the                      modernize the ethics rules to ensure
                                             United States Coast Guard
                                                                                                     Commission will revise existing 39 CFR                that consistent rules will apply to
                                             commissioned, warrant, and petty                        subpart A of part 3000. The Commission
                                             officers.                                                                                                     employees’ and former employees’
                                                                                                     will replace those duplicative rules with             interactions with entities outside the
                                                (d) Information broadcasts. The                      rules that reflect the Commission’s                   federal government and with the Postal
                                             Captain COTP or a designated                            current regulatory role under the Postal              Service.
                                             representative will inform the public                   Accountability and Enhancement Act
                                             through broadcast notices to mariners of                (PAEA), Public Law 109–435, 120 Stat.                 III. Comments
                                             the enforcement period for the safety                                                                            The Commission received two sets of
                                             zone as well as any changes in the                        1 82 FR 23766 (May 24, 2017). The Commission
                                                                                                                                                           comments pertaining to the proposed
                                                                                                     posted this document on its Web site on May 19,
                                             planned schedule.                                       2017. Notice of Proposed Rulemaking on
                                                                                                                                                           revisions to the supplemental standards
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                                               Dated: October 26, 2017.                              Amendments to Ethics Rules, May 19, 2017 (Order       of ethical conduct and the
                                                                                                     No. 3907).                                            Commission’s ethics rules.
                                             L. McClain, Jr.,                                          2 82 FR 23758 (May 24, 2017). The Commission           Sum Comments. The Commission
                                             Commander, Captain of the Port, U.S. Coast              posted this document on its Web site on May 19,       received the following comment
                                             Guard.                                                  2017. Order No. 3906, Notice of Proposed
                                                                                                     Rulemaking on Amendments to Supplemental
                                                                                                                                                           through the www.federalregister.gov
                                             [FR Doc. 2017–23652 Filed 10–30–17; 8:45 am]                                                                  Web site: ‘‘Any deletion of ethical
                                                                                                     Standards of Ethical Conduct for Employees of the
                                             BILLING CODE 9110–04–P                                  Postal Regulatory Commission, May 19, 2017.           conduct would not be in the best


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                                             50320               Federal Register / Vol. 82, No. 209 / Tuesday, October 31, 2017 / Rules and Regulations

                                             interest of the American people due to                    IV. Commission Analysis                               The regulations at issue in this Order,
                                             transparency.’’ 3                                            Neither commenter suggested changes                the ethics rules applicable to
                                                PR Comments. The Public                                to the proposed rules. The Public                     Commission employees only, concern
                                             Representative supports the proposed                      Representative supports the proposed                  restrictions imposed upon Commission
                                             revisions.4 He deems it ‘‘critical that the               rules. Id. at 2–3. In response to the                 employees in addition to these laws and
                                             Commission’s ethics rules accurately                      concern expressed in the Sum                          standards. The proposed revisions
                                             reflect its role as a regulator and are                   Comments, the Commission reiterates                   remain consistent with these laws and
                                             reflective of the agency’s procedures.’’                  its commitment to upholding the                       do not abrogate their application in any
                                             PR Comments at 2. He concludes that                       highest ethical standards. As executive               way. Streamlining the Commission’s
                                             the proposed revisions serve the public                   branch employees, Commission                          ethics rules supports OGE’s mission to
                                             interest, reinforce public perception of                  employees remain subject to several                   establish a single, comprehensive, and
                                             the Commission’s integrity, and increase                  statutes governing conflicts of interests             clear set of executive branch standards
                                             accessibility and transparency. Id. He                    (see, e.g., 18 U.S.C. 201–219); the                   of ethical conduct in accordance with
                                             states that ‘‘the Commission’s judgment                   standards of ethical conduct appearing                Executive Order 12731. The proposed
                                             that the standards applied to private                     in Executive Order 12674, as amended                  revisions will not lead to any reduction
                                             firms should apply to the Postal Service                  by Executive Order 12731; 5 and                       in the ethical obligations of Commission
                                             is reasonable.’’ Id. at 2–3. He also states               regulations promulgated by OGE                        employees. Ultimately, the proposed
                                                                                                       relating to several issues, including                 revisions will enhance the
                                             that the proposed revisions help to
                                                                                                       financial disclosure, the standards of                Commission’s adherence to ethical
                                             ‘‘maintain the public’s confidence that
                                                                                                       ethical conduct, and post-employment                  conduct by more accurately reflecting
                                             Commission staff are fulfilling their
                                                                                                       conflicts of interest (see, e.g., 5 CFR
                                             roles impartially.’’ Id. at 2.                                                                                  the Commission’s modern regulatory
                                                                                                       parts 2634, 2635, and 2641).
                                                He observes that the proposed                                                                                role under the PAEA.
                                                                                                       Commission employees are also subject
                                             deletions are primarily editorial                         to the supplemental standards of ethical                Specifically, the Commission deletes
                                             revisions made to delete duplicative and                  conduct, 5 CFR part 5601, which are                   the four rules in existing 39 CFR subpart
                                             outdated sections. Id. at 3. He notes that                also being revised to reflect the                     A of part 3000, which are redundant to
                                             the proposed deletions will not limit the                 Commission’s modern regulatory role                   provisions contained in title 5 of the
                                             ethical obligations of Commission                         under the PAEA and to remove                          Code of Federal Regulations, as
                                             employees. Id.                                            duplicative and outdated provisions.6                 displayed in the following table:

                                              Existing subpart A                          Description of the existing rule                                Duplicative provision contained in title 5
                                                 of part 3000

                                             § 3000.5 .................   Cross-reference to employee ethical conduct standards and             5 CFR 5601.101(a), as amended by Order No. 4177.
                                                                            financial disclosure regulations.
                                             § 3000.10 ...............    Memorializing the duties of the Designated Agency Ethics              5 CFR part 2638.
                                                                            Official (DAEO) for the Commission.
                                             § 3000.15 ...............    Memorializing the prohibition against financial conflicts of in-      5 CFR 5601.102, as amended by Order No. 4177.
                                                                            terest.
                                             § 3000.20 ...............    Prohibited outside employment, prior approval to engage in            5 CFR 5601.104(a) and (b) and 5601.103(a), as amended
                                                                            outside employment, and disqualification when seeking                 by Order No. 4177.
                                                                            non-federal employment.



                                                Further, as detailed in Order No.                        The Commission makes two editorial                  Commission adds a procedural sentence
                                             3907, the Commission issues                               revisions. First, the Commission                      memorializing that the DAEO will
                                             replacement rules that will improve                       corrects the format of the cross-                     inform the employee and the
                                             transparency and the ability of                           references to title 5 of the Code of                  employee’s supervisor in writing of each
                                             Commission employees to adhere to the                     Federal Regulations in proposed                       matter from which the employee is
                                             highest ethical standards. Specifically,                  §§ 3000.10 and 3000.15.                               disqualified from participating. This
                                             these rules treat employees’ and former                     Second, the Commission clarifies the                clarifying revision will better ensure
                                             employees’ interactions with the Postal                   text of proposed § 3000.10(a), relating to            that the employee is disqualified from
                                             Service substantially the same as if                      the obligation of Commission employees                all applicable matters. For these reasons
                                             those interactions were with entities                                                                           and those reasons detailed in Order No.
                                                                                                       seeking employment with the Postal
                                             that are not part of the federal                                                                                3907, the Commission adopts the
                                                                                                       Service to provide written notice of
                                             government. As noted by the Public                                                                              proposed rules without substantial
                                                                                                       disqualification to the DAEO. The
                                             Representative, this will serve the                                                                             changes.
                                                                                                       Commission adds a cross-reference to
                                             public interest and reinforce public                      reflect that this obligation supplements              V. Ordering Paragraphs
                                             perception of the Commission’s                            the requirement that Commission
                                             integrity with respect to the oversight of                employees seeking non-federal                           It is ordered:
                                             the Postal Service. See PR Comments                       employment provide written notice of                    1. Subpart A of part 3000 of title 39,
                                             at 2.                                                     disqualification to the DAEO. Also, the               Code of Federal Regulations, is
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                                               3 Comment Received from Beth Sum, June 19,              of Ethical Conduct for Employees of the Postal          5 See Executive Order No. 12674, 54 FR 15159

                                             2017 (Sum Comments). For transparency, this               Regulatory Commission, June 26, 2017 (PR              (Apr. 12, 1989); Executive Order No. 12731, 55 FR
                                             comment was posted to the Commission’s Web site           Comments). The Public Representative also filed a     42547 (Oct. 17, 1990).
                                             and associated with this docket.                          motion for late acceptance of his comments. Motion      6 Order No. 4177, Order Amending Supplemental
                                               4 Public Representative Comments on Notices of          of Public Representative for Late Acceptance of
                                                                                                                                                             Standards of Ethical Conduct for Employees of the
                                             Proposed Rulemaking on Amendments to Ethics               Comments, June 26, 2017 (Motion). The Motion is
                                             Rules and Amendments to Supplemental Standards            granted.                                              Postal Regulatory Commission, October 25, 2017.




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                                                              Federal Register / Vol. 82, No. 209 / Tuesday, October 31, 2017 / Rules and Regulations                                        50321

                                             amended as set forth below the                          with any proceeding or matter before                  (TRPs) to implement the new X-factor to
                                             signature of this Order effective 30 days               the Commission that was under the                     become effective on December 1, 2017.
                                             after the date of publication of this                   official responsibility of such                       In particular, the Commission amended
                                             Order in the Federal Register.                          individual, as defined in 18 U.S.C.                   its rules to state that the X-factor shall
                                                2. The Secretary shall arrange for                   202(b), while in the service of the                   equal 2 percent effective December 1,
                                             publication of this order in the Federal                Commission.                                           2017. This document is consistent with
                                             Register.                                                                                                     the Order, which stated that the
                                                                                                     § 3000.10 Additional required notification            Commission would publish a document
                                             List of Subjects in 39 CFR Part 3000                    of disqualification when seeking
                                                                                                     employment.
                                                                                                                                                           in the Federal Register announcing the
                                               Conflict of interests.                                                                                      effective date of this rule.
                                                                                                       (a) Notwithstanding 5 CFR
                                               By the Commission.                                                                                          DATES: The amendment to 47 CFR
                                                                                                     2635.603(a), an employee that seeks
                                             Stacy L. Ruble,                                                                                               61.45(b)(1)(iv), published at June 2,
                                                                                                     employment with the Postal Service
                                             Secretary.                                                                                                    2017, 82 FR 25660, is effective October
                                                                                                     must provide written notice of
                                                                                                                                                           31, 2017.
                                               For the reasons discussed in the                      disqualification to the Designated
                                                                                                     Agency Ethics Official (DAEO)                         FOR FURTHER INFORMATION CONTACT:
                                             preamble, the Commission amends
                                             chapter III of title 39 of the Code of                  consistent with 5 CFR 5601.103(a). The                William Kehoe, Pricing Policy Division,
                                             Federal Regulations as follows:                         DAEO will inform the employee and the                 Wireline Competition Bureau, at (202)
                                                                                                     employee’s supervisor in writing of each              418–7122, or email: william.kehoe@
                                             CHAPTER III—POSTAL REGULATORY                                                                                 fcc.gov.
                                             COMMISSION                                              matter from which the employee is
                                                                                                     disqualified from participating.                      SUPPLEMENTARY INFORMATION: This
                                             ■ 1. Under the authority of 39 U.S.C.                     (b) An employee may withdraw                        document announces that, on October
                                             503, remove the heading of subchapter                   written notice under paragraph (a) of                 13, 2017, OMB approved, for a period of
                                             A.                                                      this section consistent with 5 CFR                    three years, the information collection
                                                                                                     5601.103(b).                                          requirement relating to § 61.45(b)(1)(iv)
                                             PART 3000—STANDARDS OF
                                                                                                                                                           of the Commission’s rules, as contained
                                             CONDUCT                                                 § 3000.15 Additional limitation on                    in the Commission’s Business Data
                                                                                                     acceptance of anything of value.
                                             ■ 2. The authority citation for part 3000                                                                     Services Report and Order, FCC 17–43,
                                                                                                        Regardless of 5 CFR 2635.203(b)(7), a              published at 82 FR 25660, June 2, 2017.
                                             continues to read as follows:
                                                                                                     Commission employee may not accept a                  The OMB Control Number is 3060–
                                               Authority: 39 U.S.C. 503; 504, 3603; E.O.             gift from the Postal Service, unless
                                             12674; 54 FR 15159; 3 CFR,1989 Comp., p.
                                                                                                                                                           0400. The Commission publishes this
                                                                                                     another exception or exclusion to 5 CFR               document as an announcement of the
                                             215, as modified by E.O. 12731, 56 FR 42547,            2635.203 applies or a waiver is granted
                                             3 CFR, 1990 Comp., p. 396, 5 CFR parts 2634                                                                   effective date of the rules. If you have
                                             and 2635.
                                                                                                     by the DAEO.                                          any comments on the burden estimates
                                             ■ 3. Revise subpart A of part 3000 to                   § 3000.20    [Reserved]                               listed below, or how the Commission
                                             read as follows:                                                                                              can improve the collections and reduce
                                                                                                     [FR Doc. 2017–23576 Filed 10–30–17; 8:45 am]          any burdens caused thereby, please
                                             Subpart A—General Provisions                            BILLING CODE 7710–FW–P                                contact Nicole Ongele, Federal
                                                                                                                                                           Communications Commission, Room
                                             Sec.                                                                                                          1–A620, 445 12th Street SW.,
                                             3000.5 Post-employment restrictions.
                                                                                                     FEDERAL COMMUNICATIONS                                Washington, DC 20554. Please include
                                             3000.10 Additional required notification of
                                                  disqualification when seeking                      COMMISSION                                            the OMB Control Number, 3060–0400,
                                                  employment.                                                                                              in your correspondence. The
                                             3000.15 Additional restriction on                       47 CFR Part 61                                        Commission will also accept your
                                                  acceptance of anything of value.                   [WC Docket Nos. 16–143, 05–25, GN Docket
                                                                                                                                                           comments via email at PRA@fcc.gov.
                                             3000.20 [Reserved]                                      No. 13–5, RM–10593; FCC 17–43]                           To request materials in accessible
                                                                                                                                                           formats for people with disabilities
                                             § 3000.5   Post-employment restrictions.                                                                      (Braille, large print, electronic files,
                                                                                                     Business Data Services in an Internet
                                                All former employees of the Postal                   Protocol Environment; Technology                      audio format), send an email to fcc504@
                                             Regulatory Commission (Commission)                      Transitions; Special Access for Price                 fcc.gov or call the Consumer and
                                             are subject to the following restrictions               Cap Local Exchange Carriers; AT&T                     Governmental Affairs Bureau at (202)
                                             on appearance and practice before the                   Corporation Petition for Rulemaking                   418–0530 (voice), (202) 418–0432
                                             Commission on behalf of any                                                                                   (TTY).
                                             participant, including the United States                AGENCY:   Federal Communications
                                             Postal Service (Postal Service):                        Commission.                                           Synopsis
                                                (a) No former employee of the                        ACTION: Final rule; announcement of                     As required by the Paperwork
                                             Commission may practice or act as an                    effective date.                                       Reduction Act of 1995 (44 U.S.C. 3507),
                                             attorney, expert witness, or                                                                                  the FCC is notifying the public that it
                                             representative in connection with any                   SUMMARY:    In this document, the                     received final OMB approval on October
                                             proceeding or matter before the                         Commission announces that the Office                  13, 2017, for the information collection
                                             Commission that the former employee                     of Management and Budget (OMB) has                    requirements contained in the
                                             has handled, advised, or participated in                approved, for a period of three years, an             modifications to the Commission’s rules
ethrower on DSK3G9T082PROD with RULES




                                             the consideration of while in the service               information collection associated with                in 47 CFR part 61. Under 5 CFR part
                                             of the Commission.                                      the Commission’s Business Data                        1320, an agency may not conduct or
                                                (b) No former employee of the                        Services Report and Order, FCC 17–43,                 sponsor a collection of information
                                             Commission may within 1 year after his                  which, among other things, adopted an                 unless it displays a current, valid OMB
                                             or her employment has ceased, practice                  X-factor of two percent and required                  Control Number.
                                             before or act as an attorney, expert                    price cap ILECs to make a one-time                      No person shall be subject to any
                                             witness, or representative in connection                filing to revise their Tariff Review Plans            penalty for failing to comply with a


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Document Created: 2018-10-25 10:17:28
Document Modified: 2018-10-25 10:17:28
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
ActionFinal rule.
DatesEffective date: November 30, 2017.
ContactDavid A. Trissell, General Counsel, at 202-789-6820.
FR Citation82 FR 50319 

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