82 FR 50493 - Supplemental Standards of Ethical Conduct
POSTAL REGULATORY COMMISSION Federal Register Volume 82, Issue 210 (November 1, 2017)
Federal Register Volume 82, Issue 210 (November 1, 2017)
| Page Range | 50493-50496 | |
| FR Document | 2017-23764 |
[Federal Register Volume 82, Number 210 (Wednesday, November 1, 2017)] [Rules and Regulations] [Pages 50493-50496] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-23764] ======================================================================= ----------------------------------------------------------------------- POSTAL REGULATORY COMMISSION 5 CFR Part 5601 [Docket No. RM2017-4; Order No. 4177] Supplemental Standards of Ethical Conduct AGENCY: Postal Regulatory Commission. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Commission is issuing a set of rules that amend existing rules related to supplemental standards of ethical conduct for Postal Regulatory Commission employees. The rules revise the existing rules in order to better conform to Office of Government Ethics standards and accurately reflect the Commission's regulatory role under the Postal Accountability and Enhancement Act. DATES: Effective December 1, 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 revise its supplemental standards of ethical conduct, 5 CFR part 5601.\1\ On the same day, the Commission also issued a notice of proposed rulemaking to revise the ethics rules applicable to Commission employees, 39 CFR subpart A of part 3000.\2\ --------------------------------------------------------------------------- \1\ 82 FR 23758 (May 24, 2017). The Commission posted this document on its Web site on May 19, 2017. Notice of Proposed Rulemaking on Amendments to Supplemental Standards of Ethical Conduct for Employees of the Postal Regulatory Commission, May 19, 2017 (Order No. 3906). \2\ 82 FR 23766 (May 24, 2017). The Commission posted this document on its Web site on May 19, 2017. Order No. 3907, Notice of Proposed Rulemaking on Amendments to Ethics Rules, May 19, 2017. --------------------------------------------------------------------------- Executive branch employees are subject to multiple federal ethics laws, regulations issued by the Office of Government Ethics (OGE), and executive orders. The supplemental standards of ethical conduct at issue in this Order are additional restrictions applicable only to Commission employees. These supplemental standards of ethical conduct concern prohibited financial interests, prohibited outside employment, disqualification when seeking non-federal employment, and prior approval to engage in outside employment. For the reasons discussed below, the Commission adopts the proposed rules without alteration. OGE concurs with the Commission's proposed revisions to 5 CFR part 5601. II. Background In 1991, Executive Order 12674, as amended by Executive Order 12731, authorized OGE to establish a single, comprehensive, and clear set of executive branch standards of ethical conduct.\3\ On August 7, 1992, OGE published a final rule titled Standards of Ethical Conduct for Employees of the Executive Branch (OGE Standards).\4\ The OGE Standards, codified at 5 CFR part 2635, became effective February 3, 1993, and established uniform standards of ethical conduct applicable to all executive branch personnel. On August 12, 1993, the Postal Rate Commission collaborated with OGE to publish existing 5 CFR part 5601 as an interim rule. 58 FR 42839 (Aug. 12, 1993). --------------------------------------------------------------------------- \3\ See Executive Order No. 12674, 54 FR 15159 (Apr. 12, 1989); Executive Order No. 12731, 55 FR 42547 (Oct. 17, 1990). \4\ See 57 FR 35006-35067, as corrected at 57 FR 48557 (Oct. 27, 1992), 57 FR 52583 (Nov. 4, 1992), and 60 FR 66857-66858 (Dec. 27, 1995). --------------------------------------------------------------------------- In 2006, the Postal Accountability and Enhancement Act (PAEA), Public Law 109-435, 120 Stat. 3198 (2006) 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. Order No. 3906 at 2-3. The supplemental standards of ethical conduct, existing 5 CFR part 5601, have never been amended or finalized since their 1993 adoption and remain attributed to the Postal Rate Commission. The PAEA's changes to the Commission's responsibilities drive the need to modernize the Commission's supplemental standards of ethical conduct. Moreover, experience has informed the Commission's view regarding linguistic and organizational revisions to clarify the supplemental standards of ethical conduct. 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 interest of the American people due to transparency.'' \5\ --------------------------------------------------------------------------- \5\ 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. --------------------------------------------------------------------------- PR Comments. The Public Representative supports the proposed revisions.\6\ He deems it ``critical that the [[Page 50494]] 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 proposed revisions ``ensure that financial holdings and outside employment do not result in the appearance of or in actual conflicts of interest.'' Id. at 3. He observes that the proposed deletions are primarily editorial revisions made to delete duplicative and outdated sections. Id. He notes that the proposed deletions will not limit the ethical obligations of Commission employees. Id. --------------------------------------------------------------------------- \6\ 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. --------------------------------------------------------------------------- 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; 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 Commission's ethics rules, 39 CFR subpart A of part 3000, which are also being revised to reflect the Commission's modern regulatory role under the PAEA and to remove duplicative and outdated provisions.\7\ The regulations at issue in this Order, the supplemental standards of ethical conduct 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 supplemental standards of ethical conduct 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. --------------------------------------------------------------------------- \7\ Order No. 4178, Order Amending Ethics Rules, October 25, 2017. --------------------------------------------------------------------------- The proposed rules clarify the bounds of ethical conduct in several ways, including linguistic and organizational revisions to delete duplicative and outdated language as well as to improve the specificity of the provisions. For instance, the definition of ``affected persons'' used in existing Sec. 5601.101(b) is being incorporated into proposed Sec. 5601.102. Existing Sec. 5601.101(b)'s non-exhaustive list of categories of prohibited financial interest are being restructured to form specific categories upon which the Commission will develop a prohibited securities list (PSL) applicable to Commission staff (and their spouses and dependent children). Based on years of experience with the existing rules, the Commission believes that developing the PSL will assist employees to identify financial holdings that may pose (or appear to pose) a financial conflict of interest. Having the PSL available to employees as a reference before purchasing securities will improve transparency and adherence to ethical standards. The six categories underlying the PSL properly reflect the Commission's modern regulatory role under the PAEA and are consistent with the laws prohibiting actual or apparent financial conflicts of interests. See Order No. 3906 at 7-12. The proposed revisions also improve the procedures related to the supplemental standards of ethical conduct. Proposed Sec. Sec. 5601.101 and 5601.102 define additional terms and provide specific procedures related to exceptions, newly prohibited securities, new employees, acquisition of prohibited securities without specific intent, divestiture, and waiver. Proposed Sec. Sec. 5601.103 and 5601.104 improve the procedures concerning employees that are seeking employment or prior approval for outside employment to better ensure any disqualification is prompt and appropriate. Therefore, the proposed revisions improve transparency and the ability of Commission employees to adhere to the highest ethical standards. For these reasons and those reasons detailed in Order No. 3906, the Commission adopts the proposed rules without changes. V. Ordering Paragraphs It is ordered: 1. Part 5601 of title 5, Code of Federal Regulations, is amended as set forth below the signatures 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 5 CFR Part 5601 Conflicts of interests. By the Commission. Stacy L. Ruble, Secretary. By the Office of Government Ethics. David J. Apol, Acting Director and General Counsel, Office of Government Ethics. 0 For the reasons discussed in the preamble, the Commission amends chapter XLVI of title 5 of the Code of Federal Regulations by revising part 5601 to read as follows: PART 5601--SUPPLEMENTAL STANDARDS OF ETHICAL CONDUCT FOR EMPLOYEES OF THE POSTAL REGULATORY COMMISSION Sec. 5601.101 General. 5601.102 Prohibited financial interests. 5601.103 Notice of disqualification when seeking employment. 5601.104 Prohibited outside employment. 5601.105 Prior approval for outside employment. Authority: 5 U.S.C. 7301; 5 U.S.C. App. (Ethics in Government Act of 1978); 39 U.S.C. 503; E.O. 12674, 54 FR 15159, 3 CFR, 1989 Comp., p. 215, as modified by E.O. 12731, 55 FR 42547, 3 CFR, 1990 Comp., p. 306; 5 CFR 2635.105, 2635.403(a), 2635.802(a), 2635.803. Sec. 5601.101 General. (a) Purpose. In accordance with Sec. 2635.105 of this title, the regulations in this part apply to employees, including Commissioners, of the Postal Regulatory Commission (Commission) and supplement the Standards of Ethical Conduct for Employees of the Executive Branch contained in part 2635 of this title. In addition, the executive branch financial disclosure regulations contained in part 2634 of this title, additional regulations on responsibilities and conduct at part 735 of this title, and Commission-specific provisions contained in 39 CFR part 3000 apply to Commission employees. (b) Definitions. For the purposes of this part: (1) The term securities includes an interest in debt or equity instruments. [[Page 50495]] The term includes, without limitation, secured and unsecured bonds, debentures, notes, securitized assets, and commercial paper, as well as all types of preferred and common stock. The term encompasses both current and contingent ownership interests, including any beneficial or legal interest derived from a trust. It extends to any right to acquire or dispose of any long or short position in such securities and includes, without limitation, interests convertible into such securities, as well as options, rights, warrants, puts, calls, and straddles with respect thereto. (2) The term parent means a company that possesses, directly or indirectly, the power to direct or cause the direction of the management and policies of an entity identified in Sec. 5601.102 (b)(1)(i) through (v). (3) The term person means an individual, corporation and subsidiaries it controls, company, association, firm, partnership, society, joint stock company, or any other organization or institution, including any officer, employee, or agent of such person or entity. For purposes of this part, a corporation will be deemed to control a subsidiary if it owns 50 percent or more of the subsidiary's voting securities. The term is all-inclusive and applies to commercial ventures and nonprofit organizations as well as to foreign, State, and local governments, including the Government of the District of Columbia. It does not include any agency or other entity of the Federal Government or any officer or employee thereof when acting in his official capacity on behalf of that agency or entity. (4) The term entity means person. (5) The term DAEO means the Designated Agency Ethics Official, or his delegate under Sec. 2638.601 of this title. (6) The term employment means any form of non-Federal employment or business relationship involving the provision of personal services by the employee. It includes but is not limited to personal services as an officer, director, employee, agent, attorney, consultant, contractor, general partner or trustee. Employment does not include participation in the activities of a nonprofit charitable, religious, professional, social, fraternal, educational, recreational, public service or civic organization unless such activities involve the practice of a profession within the meaning of Sec. 2636.305(b)(1) of this title, including the giving of professional advice, or are for compensation, other than reimbursement of expenses. (7) The term publicly held corporation means any corporation issuing any class of common equity securities required to be registered under section 12 of the Securities Exchange Act of 1934. (8) The term dependent child means when used with respect to any reporting individual, any individual who is a son, daughter, stepson, or stepdaughter and who: (i) Is unmarried, under age 21, and living in the household of the reporting individual; or (ii) Is a dependent of the reporting individual within the meaning of section 152 of the Internal Revenue Code of 1986, 26 U.S.C. 152. Sec. 5601.102 Prohibited financial interests. (a) General prohibition. No employee, and no spouse or dependent child of an employee, shall acquire or hold any securities issued by an entity on the prohibited securities list described in paragraph (b) of this section. (b) Prohibited securities list. At least once a year, the Commission will publish and distribute to employees a list of entities whose securities an employee or the spouse or dependent child of an employee may not own. (1) The list shall include: (i) An entity participating in a proceeding before the Commission in the last 4 years, e.g., complainants, appellants, intervenors, and entities filing comments on the record in Commission proceedings; (ii) A party to a proceeding to which the Commission is a party, e.g., appellate proceedings, administrative proceedings, or civil actions; (iii) An entity primarily engaged in the business of delivering packages, merchandise, or written communications, i.e., an entity whose primary business competes with the Postal Service; (iv) An entity providing services or products to the Postal Service that can be expected to produce annual revenue: (A) to a publicly held corporation exceeding $1,000,000, and if the entity reports its gross revenue publicly, exceeding 10 percent of its annual gross revenue; or (B) to any other entity exceeding $100,000, and if the entity reports its gross revenue publicly, exceeding 5 percent of the entity's annual gross revenue; (v) Any other entities not listed above for which a Commission employee holding a security may raise an actual or apparent loss of impartiality affecting the integrity of the Commission's programs and operations, e.g., entities primarily engaged in the business of publishing or distributing publications such as periodicals or sending advertising, promotional, or other material on behalf of itself or another entity through the mails; and (vi) The parent corporation of any subsidiary described in paragraphs (b)(1)(i) through (v) of this section. (2) The list shall not include an entity whose use of the mail is merely an incidental or minor factor in the general conduct of its business. (c) Exception. Nothing in this section prohibits an employee, or the spouse or dependent child of an employee, from acquiring or holding an interest in a publicly traded or publicly available mutual fund or other collective investment fund, or in a widely held pension or mutual fund, provided that the fund's prospectus or practice does not indicate the stated objective of concentrating its investments in entities identified in paragraphs (b)(1)(i) through (vi) of this section. (d) Newly prohibited securities or new employees. Within 30 days after the Commission disseminates the prohibited securities list to an employee, an employee who owns, or whose spouse or dependent child owns, prohibited securities shall report that ownership to the DAEO. The employee's report must be in writing and include the name of the prohibited security and the date of acquisition. Except as provided in paragraph (g) of this section, the employee, or the spouse or dependent child of the employee, shall divest prohibited securities within 90 days after dissemination of the prohibited securities list. (e) Securities acquired without specific intent. Within 30 days after an employee, or the spouse or dependent child of an employee, acquires securities of an entity on the prohibited securities list as a result of marriage, inheritance, gift or otherwise without specific intent to acquire the securities, the employee shall report the acquisition to the DAEO. The employee's report must be in writing and include the name of the prohibited security, the date of acquisition, and the method of acquisition. Except as provided in paragraph (g) of this section, an employee, or the spouse or dependent child of an employee, shall divest prohibited securities within 90 days after the date of acquisition. (f) Divestiture--(1) Procedure for accomplishing divestiture. To alleviate an actual or apparent conflict of interest, an employee divesting prohibited securities shall obtain written confirmation from the DAEO that divesture has been accomplished. A request for such confirmation shall be submitted in writing with sufficient proof to enable the DAEO to confirm that the employee has divested the [[Page 50496]] prohibited security. The employee shall continue to be recused until the date of the DAEO's written confirmation that divesture has been accomplished. (2) Extension of period to divest. Upon a showing of undue hardship, the DAEO may extend the 90 day period for divestiture specified in paragraphs (e) through (f) of this section. (3) Disqualification pending divestiture. Pending divestiture of prohibited securities, an employee must disqualify himself or herself, in accordance with Sec. 2635.402 of this title, from participation in particular matters which, as a result of continued ownership of the prohibited securities, would affect the financial interests of the employee, or those of the spouse or dependent child of the employee. (g) Waivers. The DAEO may grant a written waiver from this section based on a determination that the waiver is not inconsistent with part 2635 of this title or otherwise prohibited by law and that, under the particular circumstances, application of the prohibition is not necessary to avoid the appearance of an employee's misuse of position or loss of impartiality, or to otherwise ensure confidence in the impartiality and objectivity with which the Commission's programs are administered, or in the case of a special Government employee, divestiture would result in substantial financial hardship. A waiver under this paragraph must be in writing and may impose conditions, such as requiring execution of a written disqualification. Sec. 5601.103 Notice of disqualification when seeking employment. (a) An employee who has been assigned to or is supervising work on a particular matter that affects the financial interests of a prospective employer and who is required, in accordance with Sec. 2635.604(a) of this title, to disqualify himself or herself from participation in that matter shall provide written notice of disqualification to the DAEO within 3 business days. The DAEO shall inform the employee's supervisor that the employee is disqualified from the matter. Public filers must comply with the notification requirement set forth in Sec. 2635.607 of this title even when not required to disqualify from participation in a particular matter. Employees who file a notification statement in compliance with Sec. 2635.607 of this title are not required to file a separate notice under this section. (b) An employee may withdraw written notice under paragraph (a) of this section upon determining that disqualification from participation in the matter is no longer required. A withdrawal of disqualification shall be in writing and shall be provided to the DAEO. The DAEO shall inform the employee's supervisor that the employee is no longer disqualified from the matter. Sec. 5601.104 Prohibited outside employment. An employee shall not engage in outside employment, either on a paid or unpaid basis, with or for an entity on the prohibited securities list described in Sec. 5601.102(b)(1)(i) through (vi). Sec. 5601.105 Prior approval for outside employment. (a) Prior approval for outside employment. An employee who wishes to engage in outside employment, either on a paid or unpaid basis, shall obtain the prior written approval of the DAEO. A request for such approval shall be submitted in writing with sufficient description of the employment to enable the DAEO to give approval based on an informed determination that the outside employment is not expected to involve conduct prohibited by statute or Federal regulation, including paragraph (a) of this section and part 2635 of this title. The DAEO shall provide a copy of any written approvals for outside employment to the employee's supervisor. (b) Scope of approval. An employee must submit a new request for approval upon either a significant change in the nature or scope of the outside employment or a change in the employee's Commission position or assigned responsibilities. [FR Doc. 2017-23764 Filed 10-31-17; 8:45 am] BILLING CODE 7710-FW-P
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Æ Repeal or reconsider several test related to supplemental standards of executive branch standards of ethical
procedures, including for compressors, ethical conduct for Postal Regulatory conduct.3 On August 7, 1992, OGE
residential central air conditioners and heat Commission employees. The rules published a final rule titled Standards of
pumps, and consumer and commercial water
revise the existing rules in order to Ethical Conduct for Employees of the
heaters. Other commenters recommend
maintaining current test procedures. better conform to Office of Government Executive Branch (OGE Standards).4
• Follow the requirements of EO 13783 Ethics standards and accurately reflect The OGE Standards, codified at 5 CFR
when analyzing climate impacts. EO 13783 the Commission’s regulatory role under part 2635, became effective February 3,
withdraws certain documents concerning the the Postal Accountability and 1993, and established uniform standards
development of the Social Cost of Carbon Enhancement Act. of ethical conduct applicable to all
(SCC) and requires agencies to follow the DATES: Effective December 1, 2017. executive branch personnel. On August
requirements of OMB Circular A–4 in climate 12, 1993, the Postal Rate Commission
analyses. DOE will follow these requirements FOR FURTHER INFORMATION CONTACT:
David A. Trissell, General Counsel, at collaborated with OGE to publish
in our regulations. Also, some commenters
encouraged DOE not to use SCC to calculate 202–789–6820. existing 5 CFR part 5601 as an interim
the climate impacts of regulations. SUPPLEMENTARY INFORMATION:
rule. 58 FR 42839 (Aug. 12, 1993).
In addition to the recommendations listed In 2006, the Postal Accountability and
above, DOE is committed to enhancing Table of Contents Enhancement Act (PAEA), Public Law
engagement with stakeholders in an open I. Introduction 109–435, 120 Stat. 3198 (2006) changed
and transparent process. Building on the II. Background the agency’s name from the Postal Rate
listening session held on October 2, 2017, III. Comments Commission to the Postal Regulatory
DOE is preparing to send a letter to each of IV. Commission Analysis Commission and made several changes
the Department’s Federal Advisory V. Ordering Paragraphs
Committees requesting them to include to the Commission’s regulatory role.
regulatory reform on the agenda for their next I. Introduction Order No. 3906 at 2–3. The
meeting. DOE will also consider holding supplemental standards of ethical
additional listening sessions on a semi- On May 24, 2017, the Postal conduct, existing 5 CFR part 5601, have
regular basis to gather feedback and hold the Regulatory Commission (Commission) never been amended or finalized since
Department accountable to the public. issued a notice of proposed rulemaking their 1993 adoption and remain
Furthermore, DOE will continue to to revise its supplemental standards of attributed to the Postal Rate
consider other areas where it may be possible ethical conduct, 5 CFR part 5601.1 On
to relieve burdens on domestic energy
Commission. The PAEA’s changes to the
the same day, the Commission also Commission’s responsibilities drive the
production. For example, DOE will consider, issued a notice of proposed rulemaking
consistent with Federal law, possible need to modernize the Commission’s
flexibility for regulations relating to fossil to revise the ethics rules applicable to supplemental standards of ethical
fuel consumption in Federal buildings, Commission employees, 39 CFR subpart conduct. Moreover, experience has
buildings codes, nuclear export licensing, A of part 3000.2 informed the Commission’s view
and DOE’s proposed nuclear damage Executive branch employees are regarding linguistic and organizational
contingent cost allocation rule. In short, we subject to multiple federal ethics laws, revisions to clarify the supplemental
will remain committed to reducing burdens regulations issued by the Office of
on all kinds of domestic energy production. standards of ethical conduct.
Government Ethics (OGE), and
Section 2(d) of EO 13783 executive orders. The supplemental III. Comments
These recommendations comprise DOE’s standards of ethical conduct at issue in The Commission received two sets of
final report, which will be submitted to the this Order are additional restrictions comments pertaining to the proposed
Vice President, the OMB Director, the applicable only to Commission revisions to the supplemental standards
Assistant to the President for Economic employees. These supplemental of ethical conduct and the
Policy, the Assistant to the President for standards of ethical conduct concern Commission’s ethics rules.
Domestic Policy, and the Chair of the Council prohibited financial interests, Sum Comments. The Commission
on Environmental Quality, as required by prohibited outside employment,
section 2(d) of EO 13783.
received the following comment
If implemented, these recommendations
disqualification when seeking non- through the www.federalregister.gov
would alleviate or eliminate aspects of federal employment, and prior approval Web site: ‘‘Any deletion of ethical
agency actions that burden domestic energy to engage in outside employment. For conduct would not be in the best
development, production, and use. the reasons discussed below, the interest of the American people due to
October 24, 2017 Commission adopts the proposed rules transparency.’’ 5
Rick Perry, without alteration. OGE concurs with PR Comments. The Public
Secretary of Energy the Commission’s proposed revisions to Representative supports the proposed
[FR Doc. 2017–23713 Filed 10–31–17; 8:45 am]
5 CFR part 5601. revisions.6 He deems it ‘‘critical that the
BILLING CODE 6450–01–P II. Background 3 See Executive Order No. 12674, 54 FR 15159
In 1991, Executive Order 12674, as (Apr. 12, 1989); Executive Order No. 12731, 55 FR
amended by Executive Order 12731, 42547 (Oct. 17, 1990).
POSTAL REGULATORY COMMISSION authorized OGE to establish a single,
4 See 57 FR 35006–35067, as corrected at 57 FR
48557 (Oct. 27, 1992), 57 FR 52583 (Nov. 4, 1992),
comprehensive, and clear set of and 60 FR 66857–66858 (Dec. 27, 1995).
5 CFR Part 5601 5 Comment Received from Beth Sum, June 19,
[Docket No. RM2017–4; Order No. 4177] 1 82 FR 23758 (May 24, 2017). The Commission 2017 (Sum Comments). For transparency, this
posted this document on its Web site on May 19, comment was posted to the Commission’s Web site
sradovich on DSK3GMQ082PROD with RULES
Supplemental Standards of Ethical 2017. Notice of Proposed Rulemaking on and associated with this docket.
Amendments to Supplemental Standards of Ethical 6 Public Representative Comments on Notices of
Conduct Conduct for Employees of the Postal Regulatory Proposed Rulemaking on Amendments to Ethics
AGENCY: Postal Regulatory Commission. Commission, May 19, 2017 (Order No. 3906). Rules and Amendments to Supplemental Standards
2 82 FR 23766 (May 24, 2017). The Commission of Ethical Conduct for Employees of the Postal
ACTION: Final rule. posted this document on its Web site on May 19, Regulatory Commission, June 26, 2017 (PR
2017. Order No. 3907, Notice of Proposed Comments). The Public Representative also filed a
SUMMARY: The Commission is issuing a Rulemaking on Amendments to Ethics Rules, May motion for late acceptance of his comments. Motion
set of rules that amend existing rules 19, 2017. Continued
VerDate Sep<11>2014 17:12 Oct 31, 2017 Jkt 244001 PO 00000 Frm 00003 Fmt 4700 Sfmt 4700 E:\FR\FM\01NOR1.SGM 01NOR1](https://thefederalregister.org/doc/82_FR_50703/page/1.svg)
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prohibited security. The employee shall the matter is no longer required. A novel or unusual design features when
continue to be recused until the date of withdrawal of disqualification shall be compared to the state of technology
the DAEO’s written confirmation that in writing and shall be provided to the envisioned in the airworthiness
divesture has been accomplished. DAEO. The DAEO shall inform the standards for transport-category
(2) Extension of period to divest. employee’s supervisor that the airplanes. These design features include
Upon a showing of undue hardship, the employee is no longer disqualified from systems that, directly or as a result of
DAEO may extend the 90 day period for the matter. failure or malfunction, affect airplane
divestiture specified in paragraphs (e) structural performance. The applicable
through (f) of this section. § 5601.104 Prohibited outside airworthiness regulations do not contain
(3) Disqualification pending employment.
adequate or appropriate safety standards
divestiture. Pending divestiture of An employee shall not engage in for these design features. These special
prohibited securities, an employee must outside employment, either on a paid or conditions contain the additional safety
disqualify himself or herself, in unpaid basis, with or for an entity on standards that the Administrator
accordance with § 2635.402 of this title, the prohibited securities list described considers necessary to establish a level
from participation in particular matters in § 5601.102(b)(1)(i) through (vi). of safety equivalent to that established
which, as a result of continued by the existing airworthiness standards.
§ 5601.105 Prior approval for outside
ownership of the prohibited securities, employment. DATES: This action is effective on Boeing
would affect the financial interests of on November 1, 2017. We must receive
the employee, or those of the spouse or (a) Prior approval for outside
employment. An employee who wishes your comments by December 18, 2017.
dependent child of the employee.
to engage in outside employment, either ADDRESSES: Send comments identified
(g) Waivers. The DAEO may grant a
written waiver from this section based on a paid or unpaid basis, shall obtain by docket number FAA–2017–0717
on a determination that the waiver is the prior written approval of the DAEO. using any of the following methods:
not inconsistent with part 2635 of this A request for such approval shall be • Federal eRegulations Portal: Go to
title or otherwise prohibited by law and submitted in writing with sufficient http://www.regulations.gov/and follow
that, under the particular circumstances, description of the employment to enable the online instructions for sending your
application of the prohibition is not the DAEO to give approval based on an comments electronically.
informed determination that the outside • Mail: Send comments to Docket
necessary to avoid the appearance of an
employment is not expected to involve Operations, M–30, U.S. Department of
employee’s misuse of position or loss of
conduct prohibited by statute or Federal Transportation (DOT), 1200 New Jersey
impartiality, or to otherwise ensure
regulation, including paragraph (a) of Avenue SE., Room W12–140, West
confidence in the impartiality and
this section and part 2635 of this title. Building Ground Floor, Washington, DC
objectivity with which the
The DAEO shall provide a copy of any 20590–0001.
Commission’s programs are
written approvals for outside • Hand Delivery or Courier: Take
administered, or in the case of a special
employment to the employee’s comments to Docket Operations in
Government employee, divestiture
supervisor. Room W12–140 of the West Building
would result in substantial financial
(b) Scope of approval. An employee Ground Floor at 1200 New Jersey
hardship. A waiver under this
must submit a new request for approval Avenue SE., Washington, DC, between 9
paragraph must be in writing and may
upon either a significant change in the a.m. and 5 p.m., Monday through
impose conditions, such as requiring
nature or scope of the outside Friday, except Federal holidays.
execution of a written disqualification. • Fax: Fax comments to Docket
employment or a change in the
§ 5601.103 Notice of disqualification when employee’s Commission position or Operations at 202–493–2251.
seeking employment. assigned responsibilities. Privacy: The FAA will post all
(a) An employee who has been comments it receives, without change,
[FR Doc. 2017–23764 Filed 10–31–17; 8:45 am]
assigned to or is supervising work on a to http://www.regulations.gov/,
BILLING CODE 7710–FW–P
particular matter that affects the including any personal information the
financial interests of a prospective commenter provides. Using the search
employer and who is required, in function of the docket Web site, anyone
DEPARTMENT OF TRANSPORTATION can find and read the electronic form of
accordance with § 2635.604(a) of this
title, to disqualify himself or herself all comments received into any FAA
Federal Aviation Administration
from participation in that matter shall docket, including the name of the
provide written notice of individual sending the comment (or
14 CFR Part 25
disqualification to the DAEO within 3 signing the comment for an association,
business days. The DAEO shall inform [Docket No. FAA–2017–0717; Special business, labor union, etc.). DOT’s
the employee’s supervisor that the Conditions No. 25–704–SC] complete Privacy Act Statement can be
employee is disqualified from the found in the Federal Register published
Special Conditions: The Boeing on April 11, 2000 (65 FR 19477–19478).
matter. Public filers must comply with Company Model 777–8 and 777–9
the notification requirement set forth in Docket: Background documents or
Airplanes; Interaction of Systems and comments received may be read at
§ 2635.607 of this title even when not Structures
required to disqualify from participation http://www.regulations.gov/ at any time.
in a particular matter. Employees who AGENCY: Federal Aviation Follow the online instructions for
file a notification statement in Administration (FAA), DOT. accessing the docket or go to Docket
sradovich on DSK3GMQ082PROD with RULES
compliance with § 2635.607 of this title ACTION: Final special conditions; request
Operations in Room W12–140 of the
are not required to file a separate notice for comments. West Building Ground Floor at 1200
under this section. New Jersey Avenue SE., Washington,
(b) An employee may withdraw SUMMARY: These special conditions are DC, between 9 a.m. and 5 p.m., Monday
written notice under paragraph (a) of issued for The Boeing Company through Friday, except Federal holidays.
this section upon determining that (Boeing) Model 777–8 and 777–9 FOR FURTHER INFORMATION CONTACT:
disqualification from participation in airplanes. These airplanes will have Mark Freisthler, FAA, Airframe and
VerDate Sep<11>2014 17:12 Oct 31, 2017 Jkt 244001 PO 00000 Frm 00006 Fmt 4700 Sfmt 4700 E:\FR\FM\01NOR1.SGM 01NOR1](https://thefederalregister.org/doc/82_FR_50703/page/4.svg)
Document Created: 2017-11-01 02:03:14
Document Modified: 2017-11-01 02:03:14
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | Effective December 1, 2017. | |
| Contact | David A. Trissell, General Counsel, at 202-789-6820. | |
| FR Citation | 82 FR 50493 |
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