Political Activity-Federal Employees Residing in Designated Localities, 26659-26660 [2012-10951]
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26659
Rules and Regulations
Federal Register
Vol. 77, No. 88
Monday, May 7, 2012
This section of the FEDERAL REGISTER
contains regulatory documents having general
applicability and legal effect, most of which
are keyed to and codified in the Code of
Federal Regulations, which is published under
50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by
the Superintendent of Documents. Prices of
new books are listed in the first FEDERAL
REGISTER issue of each week.
OFFICE OF PERSONNEL
MANAGEMENT
RIN 3206–AM44
5 CFR Part 733
Political Activity—Federal Employees
Residing in Designated Localities
Office of Personnel
Management.
ACTION: Final rule.
AGENCY:
OPM is amending its
regulations to grant Federal employees
residing in King George County,
Virginia, a partial exemption from the
political activity restrictions in the
Hatch Act, and to add King George
County to its regulatory list of
designated localities. The amendment
reflects OPM’s determination that King
George County meets the criteria in the
Hatch Act and OPM regulations for a
partial exemption to issue.
DATES: This rule is effective June 6,
2012.
SUMMARY:
JoAnn Chabot, Office of the General
Counsel, United States Office of
Personnel Management, (202) 606–1700.
SUPPLEMENTARY INFORMATION: The Hatch
Act, at 5 U.S.C. 7323(a)(2) and (3),
prohibits Federal employees from
becoming candidates for partisan
political office and from soliciting,
accepting, or receiving political
contributions. However, 5 U.S.C. 7325,
authorizes OPM to prescribe regulations
permitting employees in certain
communities to participate in local
elections for partisan political office
without regard to the prohibitions in 5
U.S.C. 7323(a)(2) and (3) only if the
requirements described in section 7325
are met. The first requirement is that the
community or political subdivision
must be located in Maryland or Virginia,
and in the immediate vicinity of the
District of Columbia. Alternatively, the
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FOR FURTHER INFORMATION CONTACT:
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majority of the community’s registered
voters must be employed by the United
States Government. The second
requirement is that OPM must
determine that it is in the domestic
interest of the employees to permit that
political participation because of special
or unusual circumstances existing in the
community or political subdivision.
These statutory requirements are
reflected in 5 CFR 733.107(a). Under 5
CFR part 733, the exemption from the
prohibitions in 5 U.S.C. 7323(a)(2) and
(3) is a partial exemption because in 5
CFR 733.103–733.106, OPM has
established limitations on political
participation by most Federal
employees residing in these designated
municipalities and subdivisions.
On August 22, 2011, OPM issued a
proposed rule at 72 FR 39582 to add
King George County, Virginia, to this
regulatory list of designated localities at
5 CFR 733.107(c). In its notice of
proposed rulemaking, OPM noted that
King George County, Virginia, had
fulfilled the statutory requirements for a
partial exemption to issue and proposed
the addition of King George County to
the regulatory list of designated
localities. 76 FR 52287 (August 22,
2011). OPM also placed a legal notice in
the print edition of The Free Lance Star
on September 9, 2011. OPM did not
receive any comments on the proposed
rule during the 60-day notice and
comment period.
Therefore, OPM is adding King
George County to its list of designated
localities at 5 CFR 733.107(c). When this
rule becomes effective, Federally
employed residents of King George
County will be permitted under 5 CFR
733.103 to participate in the following
activities:
(1) Run as independent candidates for
election to partisan political office in
elections for local county office in King
George County;
(2) Solicit, accept, or receive a political
contribution as, or on behalf of, an
independent candidate for partisan political
office in elections for local office in King
George County;
(3) Accept or receive a political
contribution on behalf of an individual who
is a candidate for local partisan political
office and who represents a political party;
(4) Solicit, accept, or receive
uncompensated volunteer services as an
independent candidate, or on behalf of an
independent candidate, for local partisan
political office, in connection with the local
elections of King George County; and
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Fmt 4700
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(5) Solicit, accept, or receive
uncompensated volunteer services on behalf
of an individual who is a candidate for local
partisan political office and who represents
a political party.
Under 5 CFR 733.104 of title 5,
however, Federally employed residents
of King George County may not:
(1) Run as the representative of a political
party for local partisan political office;
(2) Solicit a political contribution on behalf
of an individual who is a candidate for local
partisan political office and who represents
a political party;
(3) Knowingly solicit a political
contribution from any Federal employee,
except as permitted under 5 U.S.C.
7323(a)(2)(A)–(C).
(4) Accept or receive a political
contribution from a subordinate;
(5) Solicit, accept, or receive
uncompensated volunteer services from a
subordinate for any political purpose;
(6) Participate in political activities:
Æ While they are on duty:
Æ While they are wearing a uniform,
badge, or insignia that identifies the
employing agency or instrumentality or the
position of the employee;
Æ While they are in any room or building
occupied in the discharge of official duties by
an individual employed or holding office in
the Government of the United States or any
agency or instrumentality thereof; or
Æ While using a Government-owned or
leased vehicle or while using a privately
owned vehicle in the discharge of official
duties.
Moreover, candidacy for, and service in,
a partisan political office shall not result
in neglect of, or interference with, the
performance of the duties of the
employee or create a conflict, or
apparent conflict, of interest.
Sections 733.103 and 733.104 of Title
5, Code of Federal Regulations, do not
apply to individuals, such as career
senior executives and employees of the
Federal Bureau of Investigation, who are
employed in the agencies or positions
listed in 5 CFR 733.105(a). These
individuals are subject to the more
stringent limitations described in 5 CFR
733.105 and 733.106.
Individuals who require advice
concerning specific political activities,
and whether an activity is permitted or
prohibited under 5 CFR 733.103–
733.106, should contact the United
States Office of Special Counsel at (800)
854–2824 or (202) 254–3650. Requests
for Hatch Act advisory opinions may be
made by email to: hatchact@osc.gov.
King George County will be listed
after Herndon, Virginia, and before
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26660
Federal Register / Vol. 77, No. 88 / Monday, May 7, 2012 / Rules and Regulations
Loudoun County, Virginia, at 5 CFR
733.107(c).
The Office of Procurement
and Property Management (OPPM) of
the U.S. Department of Agriculture
(USDA) is establishing and
implementing procedures for the
transfer of excess computers or other
technical equipment for the purposes of
distribution to a city, town, or local
government entity in a rural area.
SUMMARY:
E.O. 12866, Regulatory Review
This regulation has been reviewed by
the Office of Management and Budget in
accordance with E.O. 12866.
Regulatory Flexibility Act
I certify that this regulation will not
have a significant economic impact on
a substantial number of small entities
because the changes will affect only
employees of the Federal Government.
List of Subjects in 5 CFR Part 733
DATES:
Effective Date: June 6, 2012.
Mr.
Michael R. Johnson, Office of
Procurement and Property Management,
USDA on (202) 720–9779 or by Email at
michaelr.johnson@dm.usda.gov.
FOR FURTHER INFORMATION CONTACT:
Political activities (Government
employees).
SUPPLEMENTARY INFORMATION:
U.S. Office of Personnel Management.
A. Background
John Berry,
Director.
A proposed rule was published in the
Federal Register on May 16, 2011 (76
FR 28188–28191, FR Doc No: 2011–
11601) soliciting comments on the
establishment of Guidelines for the
Transfer of Excess Computers or Other
Technical Equipment Pursuant to
Section 14220 of the 2008 Farm Bill.
The proposed rule would have
established 7 CFR part 3201, but the
final rule will be establishing part 3203.
The proposed rule had a comment
period of 60 days ending July 15, 2011.
No comments were received through
email, fax, mail, or hand delivery/
courier. A total of 12 comments were
received through the Federal
eRulemaking Portal. Of the comments
received, two were sent as tests, nine
were submitted to the wrong docket and
subsequently moved to the correct
docket, and one comment had multiple
questions and comments that were put
into one of three categories: (1)
Comments on the Farm Bill itself, which
will not be addressed; (2) Questions on
personal property disposal which are
covered by Federal Management
Regulations, Agriculture Property
Management Regulations and internal
agency regulations and policies, and
will not be addressed; and (3) A
question that asked who is responsible
and what happens to the equipment if
the items are refurbished and the
intended recipient changes its mind or
cannot pay the cost (go to
www.Regulations.gov to see entire
comment). Two revisions have been
made as a result of the comment
referenced above: 1. The word
‘designated’ has been added before
‘organization’ in sections 3203.6(c),
3203.7 and 3203.8; and 2. Additional
language has been added to section
3203.4(e)(5) stating that the recipient
needs to furnish a copy of the agreement
between the recipient and its designated
organization.
Accordingly, the Office of Personnel
Management amends 5 CFR part 733 as
follows:
PART 733—POLITICAL ACTIVITY—
FEDERAL EMPLOYEES RESIDING IN
DESIGNATED LOCALITIES
1. The authority citation for part 733
continues to read as follows:
■
Authority: 5 U.S.C. 7325; sec. 308 of Pub.
L. 104–93, 109 Stat. 961, 966 (Jan. 6, 1996)
2. Section 733.107(c) is amended by
adding King George County, Virginia,
alphabetically to the list of designated
Virginia municipalities and political
subdivisions as set forth below.
■
§ 733.107
Designated localities.
*
*
*
*
*
(c) * * *
In Virginia
*
*
*
*
*
King George County June 6, 2012.
*
*
*
*
*
[FR Doc. 2012–10951 Filed 5–4–12; 8:45 am]
BILLING CODE 6325–48–P
DEPARTMENT OF AGRICULTURE
Office of Procurement and Property
Management
7 CFR Part 3203
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RIN 0599–AA13
Guidelines for the Transfer of Excess
Computers or Other Technical
Equipment Pursuant to Section 14220
of the 2008 Farm Bill
Office of Procurement and
Property Management, USDA.
ACTION: Final rule.
AGENCY:
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B. Executive Orders Number 12866 and
13563
Executive Orders 13563 and 12866
direct agencies to assess all costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety
effects, distributive impacts, and
equity). Executive Order 13563
emphasizes the importance of
quantifying both costs and benefits, of
reducing costs, of harmonizing rules,
and of promoting flexibility. This rule
has been designated a non-significant
regulatory action under section 3(f) of
Executive Order 12866. Accordingly,
the rule has not been reviewed by the
Office of Management and Budget.
This rule implements Section 14220
of the 2008 Farm Bill. It is expected that
the benefits that accrue to cities, towns,
and local government entities in rural
areas from the receipt of excess USDA
computers and technical equipment will
exceed the costs to USDA in providing
such equipment.
C. Regulatory Flexibility Act
USDA certifies that this rule will not
have a significant impact on a
substantial number of small entities as
defined in the Regulatory Flexibility
Act, 5 U.S.C. 601, et seq. The impact of
this regulation will be primarily limited
to rural towns and government entities.
The Department estimates that 400
eligible entities will submit requests for
donated equipment annually. As small
businesses are not considered eligible
entities under this regulation, the rule
will not have a significant impact on the
small business community or on a
substantial number of small businesses.
The Department invited comments on
its estimates for the potential impact of
this rule on small businesses and did
not receive any comments.
D. Paperwork Reduction Act
In accordance with the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501
through 3520), the information
collection is currently approved under
OMB control number 0505–0023.
E. Executive Order 12630
This rule has been reviewed in
accordance with Executive Order 12630,
Governmental Actions and Interference
with Constitutionally Protected Property
Rights, and does not contain policies
that would have implications for these
rights.
E:\FR\FM\07MYR1.SGM
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Agencies
[Federal Register Volume 77, Number 88 (Monday, May 7, 2012)]
[Rules and Regulations]
[Pages 26659-26660]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-10951]
========================================================================
Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
week.
========================================================================
Federal Register / Vol. 77, No. 88 / Monday, May 7, 2012 / Rules and
Regulations
[[Page 26659]]
OFFICE OF PERSONNEL MANAGEMENT
RIN 3206-AM44
5 CFR Part 733
Political Activity--Federal Employees Residing in Designated
Localities
AGENCY: Office of Personnel Management.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: OPM is amending its regulations to grant Federal employees
residing in King George County, Virginia, a partial exemption from the
political activity restrictions in the Hatch Act, and to add King
George County to its regulatory list of designated localities. The
amendment reflects OPM's determination that King George County meets
the criteria in the Hatch Act and OPM regulations for a partial
exemption to issue.
DATES: This rule is effective June 6, 2012.
FOR FURTHER INFORMATION CONTACT: Jo-Ann Chabot, Office of the General
Counsel, United States Office of Personnel Management, (202) 606-1700.
SUPPLEMENTARY INFORMATION: The Hatch Act, at 5 U.S.C. 7323(a)(2) and
(3), prohibits Federal employees from becoming candidates for partisan
political office and from soliciting, accepting, or receiving political
contributions. However, 5 U.S.C. 7325, authorizes OPM to prescribe
regulations permitting employees in certain communities to participate
in local elections for partisan political office without regard to the
prohibitions in 5 U.S.C. 7323(a)(2) and (3) only if the requirements
described in section 7325 are met. The first requirement is that the
community or political subdivision must be located in Maryland or
Virginia, and in the immediate vicinity of the District of Columbia.
Alternatively, the majority of the community's registered voters must
be employed by the United States Government. The second requirement is
that OPM must determine that it is in the domestic interest of the
employees to permit that political participation because of special or
unusual circumstances existing in the community or political
subdivision. These statutory requirements are reflected in 5 CFR
733.107(a). Under 5 CFR part 733, the exemption from the prohibitions
in 5 U.S.C. 7323(a)(2) and (3) is a partial exemption because in 5 CFR
733.103-733.106, OPM has established limitations on political
participation by most Federal employees residing in these designated
municipalities and subdivisions.
On August 22, 2011, OPM issued a proposed rule at 72 FR 39582 to
add King George County, Virginia, to this regulatory list of designated
localities at 5 CFR 733.107(c). In its notice of proposed rulemaking,
OPM noted that King George County, Virginia, had fulfilled the
statutory requirements for a partial exemption to issue and proposed
the addition of King George County to the regulatory list of designated
localities. 76 FR 52287 (August 22, 2011). OPM also placed a legal
notice in the print edition of The Free Lance Star on September 9,
2011. OPM did not receive any comments on the proposed rule during the
60-day notice and comment period.
Therefore, OPM is adding King George County to its list of
designated localities at 5 CFR 733.107(c). When this rule becomes
effective, Federally employed residents of King George County will be
permitted under 5 CFR 733.103 to participate in the following
activities:
(1) Run as independent candidates for election to partisan
political office in elections for local county office in King George
County;
(2) Solicit, accept, or receive a political contribution as, or
on behalf of, an independent candidate for partisan political office
in elections for local office in King George County;
(3) Accept or receive a political contribution on behalf of an
individual who is a candidate for local partisan political office
and who represents a political party;
(4) Solicit, accept, or receive uncompensated volunteer services
as an independent candidate, or on behalf of an independent
candidate, for local partisan political office, in connection with
the local elections of King George County; and
(5) Solicit, accept, or receive uncompensated volunteer services
on behalf of an individual who is a candidate for local partisan
political office and who represents a political party.
Under 5 CFR 733.104 of title 5, however, Federally employed residents
of King George County may not:
(1) Run as the representative of a political party for local
partisan political office;
(2) Solicit a political contribution on behalf of an individual
who is a candidate for local partisan political office and who
represents a political party;
(3) Knowingly solicit a political contribution from any Federal
employee, except as permitted under 5 U.S.C. 7323(a)(2)(A)-(C).
(4) Accept or receive a political contribution from a
subordinate;
(5) Solicit, accept, or receive uncompensated volunteer services
from a subordinate for any political purpose;
(6) Participate in political activities:
[cir] While they are on duty:
[cir] While they are wearing a uniform, badge, or insignia that
identifies the employing agency or instrumentality or the position
of the employee;
[cir] While they are in any room or building occupied in the
discharge of official duties by an individual employed or holding
office in the Government of the United States or any agency or
instrumentality thereof; or
[cir] While using a Government-owned or leased vehicle or while
using a privately owned vehicle in the discharge of official duties.
Moreover, candidacy for, and service in, a partisan political office
shall not result in neglect of, or interference with, the performance
of the duties of the employee or create a conflict, or apparent
conflict, of interest.
Sections 733.103 and 733.104 of Title 5, Code of Federal
Regulations, do not apply to individuals, such as career senior
executives and employees of the Federal Bureau of Investigation, who
are employed in the agencies or positions listed in 5 CFR 733.105(a).
These individuals are subject to the more stringent limitations
described in 5 CFR 733.105 and 733.106.
Individuals who require advice concerning specific political
activities, and whether an activity is permitted or prohibited under 5
CFR 733.103-733.106, should contact the United States Office of Special
Counsel at (800) 854-2824 or (202) 254-3650. Requests for Hatch Act
advisory opinions may be made by email to: hatchact@osc.gov.
King George County will be listed after Herndon, Virginia, and
before
[[Page 26660]]
Loudoun County, Virginia, at 5 CFR 733.107(c).
E.O. 12866, Regulatory Review
This regulation has been reviewed by the Office of Management and
Budget in accordance with E.O. 12866.
Regulatory Flexibility Act
I certify that this regulation will not have a significant economic
impact on a substantial number of small entities because the changes
will affect only employees of the Federal Government.
List of Subjects in 5 CFR Part 733
Political activities (Government employees).
U.S. Office of Personnel Management.
John Berry,
Director.
Accordingly, the Office of Personnel Management amends 5 CFR part
733 as follows:
PART 733--POLITICAL ACTIVITY--FEDERAL EMPLOYEES RESIDING IN
DESIGNATED LOCALITIES
0
1. The authority citation for part 733 continues to read as follows:
Authority: 5 U.S.C. 7325; sec. 308 of Pub. L. 104-93, 109 Stat.
961, 966 (Jan. 6, 1996)
0
2. Section 733.107(c) is amended by adding King George County,
Virginia, alphabetically to the list of designated Virginia
municipalities and political subdivisions as set forth below.
Sec. 733.107 Designated localities.
* * * * *
(c) * * *
In Virginia
* * * * *
King George County June 6, 2012.
* * * * *
[FR Doc. 2012-10951 Filed 5-4-12; 8:45 am]
BILLING CODE 6325-48-P