Political Activity-Federal Employees Residing in Designated Localities, 20497-20498 [2013-07872]

Download as PDF Federal Register / Vol. 78, No. 66 / Friday, April 5, 2013 / Proposed Rules OFFICE OF PERSONNEL MANAGEMENT 5 CFR Part 733 RIN 3206–AM80 Political Activity—Federal Employees Residing in Designated Localities Office of Personnel Management. ACTION: Proposed rule. AGENCY: The Office of Personnel Management (OPM) proposes to amend its regulations by granting Federal employees residing in the District of Columbia a partial exemption from the political activity restrictions and adding the District of Columbia to its regulatory list of designated localities. The proposed amendment reflects OPM’s determination that the District of Columbia meets the criteria for a partial exemption to issue. DATES: Written comments must be received on or before June 4, 2013. ADDRESSES: Comments may be mailed to Elaine Kaplan, General Counsel, Room 7355, United States Office of Personnel Management, 1900 E Street NW., Washington, DC 20415. FOR FURTHER INFORMATION CONTACT: 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. 7321–7326, governs the political activity of Federal employees, as well as individuals employed with the United States Postal Service. Section 7323(a) generally permits Federal employees who are not employed in the Federal agencies or positions described in section 7323(b), as amended, to take an active part in partisan political campaigns. Employees employed in the Federal agencies or positions specified in 5 U.S.C. 7323(b), as amended, generally may participate in nonpartisan political activities. According to 5 U.S.C. 7323(a)(2) and (3), Federal employees may not become candidates for partisan political office and may not solicit, accept, or receive political contributions. Section 7325, however, authorizes OPM to prescribe regulations exempting Federal employees from the prohibitions in section 7323(a)(2) and (3) to the extent OPM considers it to be in their domestic interest. Under the authority of 5 U.S.C. 7325, as amended, OPM may issue a regulatory exemption to the District of Columbia if OPM determines that, because of special or unusual circumstances, it is in the domestic interest of the District’s federally TKELLEY on DSK3SPTVN1PROD with PROPOSALS SUMMARY: VerDate Mar<15>2010 16:26 Apr 04, 2013 Jkt 229001 employed residents to permit their political participation in accordance with regulations prescribed by OPM. In regulations at 5 CFR 733.107(c), OPM has designated municipalities and political subdivisions where Federal employees may participate in local elections. At 5 CFR 733.103–733.106, OPM has established limitations on political participation by most Federal employees residing in these designated municipalities and subdivisions. Under 5 CFR 733.103, most Federal employees who reside in a municipality or political subdivision designated by OPM may: (1) Run as an independent candidate in a local election to partisan political office; (2) solicit, accept, or receive political contributions as, or on behalf of, an independent candidate for partisan political office in a local election; (3) accept or receive political contributions 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; 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, however, these employees may not: (1) Run as the representative of a political party for local partisan political office; (2) solicit political contributions on behalf of individuals who are candidates for local partisan political office and who represent a political party; (3) knowingly solicit a political contribution from any Federal employee, except when permitted; (4) accept or receive political contributions from a subordinate; (5) solicit, accept, or receive uncompensated volunteer services from a subordinate for any political purpose. Employees also may not participate in political activities when on duty, or while they are wearing items that identify their employing agency or their position. They cannot participate in political activities while they are in any room or building 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; nor while using a Governmentowned or lease 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 PO 00000 Frm 00002 Fmt 4702 Sfmt 4702 20497 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 U.S.C. 7323(b) and 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. In response to an application from the Honorable Eleanor Holmes Norton, the Delegate from the District of Columbia to the United States House of Representatives, OPM proposes to designate the District of Columbia as a municipality in which Federal employees may run for local partisan political office, subject to the limitations established by OPM, and accept or receive political contributions in connection with elections for local public office. This proposal reflects OPM’s determination that special or unusual circumstances exist so that it is in the domestic interest of Federal employees residing in the District of Columbia to participate in these political activities. Principal factors leading to OPM’s determination are the enactment of the Hatch Act Modernization Act of 2012, Public Law 112–230 (December 28, 2012), expressly providing for a partial exemption for the District of Columbia, as well as the District of Columbia’s high concentration of federally employed residents, its unique position as the capital of the United States, and the partisan nature of its elections for local public office. If this proposed rule is adopted, OPM will amend 5 CFR 733.107(c) by adding the District of Columbia to the list of other designated municipalities in which Federal Government employees may participate in elections for local partisan political office in accordance with the conditions specified in 5 CFR 733.103—733.106. The addition of the District of Columbia will be listed after Crane, Indiana, and before Elmer City, Washington. E:\FR\FM\05APP1.SGM 05APP1 20498 Federal Register / Vol. 78, No. 66 / Friday, April 5, 2013 / Proposed Rules E.O. 12291, Federal Regulation I have determined that this is not a major rule as defined under section 1(b) of E.O. 12291, Federal Regulation. 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 activity—Federal employees residing in designated localities. U.S. Office of Personnel Management. John Berry, Director. Accordingly, the Office of Personnel Management proposes to amend 5 CFR Part 733 as follows: PART 733—POLITICAL ACTIVITY— FEDERAL EMPLOYEES RESIDING IN DESIGNATED LOCALITIES 1. The authority citation for part 733 is revised to read as follows: ■ Authority: 5 U.S.C. 7325; Pub. L. 112–230 (The Hatch Act Modernization Act of 2012), 126 Stat. 1616 (Dec. 28, 2012); sec. 308 of Pub. L. 104–93, 109 Stat. 961, 966 (Jan. 6, 1996) 2. Section 733.107(c) is amended by adding the District of Columbia, alphabetically, to the list of other designated municipalities as set forth below. ■ § 733.107 * Designated localities. * * (c) * * * * * Other Municipalities * * * * * District of Columbia * * * * * [FR Doc. 2013–07872 Filed 4–4–13; 8:45 am] BILLING CODE 6325–48–P NUCLEAR REGULATORY COMMISSION 10 CFR Part 2 [NRC–2013–0050] TKELLEY on DSK3SPTVN1PROD with PROPOSALS RIN 3150–AJ24 Potential Changes to Interlocutory Appeals Process for Adjudicatory Decisions Nuclear Regulatory Commission. ACTION: Advance notice of proposed rulemaking. AGENCY: VerDate Mar<15>2010 16:26 Apr 04, 2013 Jkt 229001 The U.S. Nuclear Regulatory Commission (NRC) is issuing this Advance Notice of Proposed Rulemaking (ANPR) to begin the process of potentially amending its regulations to change the interlocutory appeals process for certain adjudicatory decisions. The NRC seeks public comment on these potential changes to the interlocutory appeals process. DATES: Submit comments by July 5, 2013. Comments received after this date will be considered if it is practical to do so, but the NRC is only able to ensure consideration of comments received on or before this date. ADDRESSES: You may access information and comment submissions related to this ANPR, which the NRC possesses and is publicly available, by searching on https://www.regulations.gov under Docket ID NRC–2013–0050. You may submit comments by any of the following methods: • Federal Rulemaking Web site: Go to https://www.regulations.gov and search for Docket ID NRC–2013–0050. Address questions about NRC dockets to Carol Gallagher; telephone: 301–492–3668; email: Carol.Gallagher@nrc.gov. • Email comments to: Rulemaking.Comments@nrc.gov. If you do not receive an automatic email reply confirming receipt, then contact us at 301–415–1677. • Fax comments to: Secretary, U.S. Nuclear Regulatory Commission at 301– 415–1101. • Mail comments to: Secretary, U.S. Nuclear Regulatory Commission, Washington, DC 20555–0001, Attn: Rulemakings and Adjudications Staff. • Hand deliver comments to: 11555 Rockville Pike, Rockville, Maryland 20852, between 7:30 a.m. and 4:15 p.m. (Eastern time) Federal workdays; telephone: 301–415–1677. For additional direction on accessing information and submitting comments, see ‘‘Accessing Information and Submitting Comments’’ in the SUPPLEMENTARY INFORMATION section of this document. FOR FURTHER INFORMATION CONTACT: James Biggins, Office of the General Counsel, U.S. Nuclear Regulatory Commission, Washington, DC 20555– 0001; telephone: 301–415–6305; email: james.biggins@nrc.gov. SUMMARY: SUPPLEMENTARY INFORMATION: I. Accessing Information and Submitting Comments A. Accessing Information Please refer to Docket ID NRC–2013– 0050 when contacting the NRC about the availability of information for this PO 00000 Frm 00003 Fmt 4702 Sfmt 4702 ANPR. You may access information related to this ANPR, which the NRC possesses and is publicly available, by the following methods: • Federal Rulemaking Web site: Go to https://www.regulations.gov and search for Docket ID NRC–2013–0050. • NRC’s Agencywide Documents Access and Management System (ADAMS): You may access publicly available documents online in the NRC Library at https://www.nrc.gov/readingrm/adams.html. To begin the search, select ‘‘Begin Web-based ADAMS Search.’’ For problems with ADAMS, please contact the NRC’s Public Document Room (PDR) reference staff at 1–800–397–4209, 301–415–4737, or by email at PDR.Resource@nrc.gov. The ADAMS accession number for each document referenced in this ANPR (if that document is available in ADAMS) is provided the first time that a document is referenced. • NRC’s PDR: You may examine and purchase copies of public documents at the NRC’s PDR, Room O1–F21, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852. B. Submitting Comments Please include Docket ID NRC–2013– 0050 in the subject line of your comment submission, in order to ensure that the NRC is able to make your comment submission available to the public in this docket. The NRC cautions you not to include identifying or contact information that you do not want to be publicly disclosed in your comment submission. The NRC will post all comment submissions at https:// www.regulations.gov and enter the comment submissions into ADAMS. The NRC does not routinely edit comment submissions to remove identifying or contact information. If you are requesting or aggregating comments from other persons for submission to the NRC, then you should inform those persons not to include identifying or contact information that they do not want to be publicly disclosed in their comment submissions. Your request should state that the NRC does not routinely edit comment submissions to remove such information before making the comment submissions available to the public or entering the comment submissions into ADAMS. II. Additional Information The NRC is considering four options pertaining to the interlocutory review of rulings on requests for hearings or petitions to intervene under § 2.311 of Title 10 of the Code of Federal E:\FR\FM\05APP1.SGM 05APP1

Agencies

[Federal Register Volume 78, Number 66 (Friday, April 5, 2013)]
[Proposed Rules]
[Pages 20497-20498]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-07872]



[[Page 20497]]

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OFFICE OF PERSONNEL MANAGEMENT

5 CFR Part 733

RIN 3206-AM80


Political Activity--Federal Employees Residing in Designated 
Localities

AGENCY: Office of Personnel Management.

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: The Office of Personnel Management (OPM) proposes to amend its 
regulations by granting Federal employees residing in the District of 
Columbia a partial exemption from the political activity restrictions 
and adding the District of Columbia to its regulatory list of 
designated localities. The proposed amendment reflects OPM's 
determination that the District of Columbia meets the criteria for a 
partial exemption to issue.

DATES: Written comments must be received on or before June 4, 2013.

ADDRESSES: Comments may be mailed to Elaine Kaplan, General Counsel, 
Room 7355, United States Office of Personnel Management, 1900 E Street 
NW., Washington, DC 20415.

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. 7321-7326, 
governs the political activity of Federal employees, as well as 
individuals employed with the United States Postal Service. Section 
7323(a) generally permits Federal employees who are not employed in the 
Federal agencies or positions described in section 7323(b), as amended, 
to take an active part in partisan political campaigns. Employees 
employed in the Federal agencies or positions specified in 5 U.S.C. 
7323(b), as amended, generally may participate in nonpartisan political 
activities. According to 5 U.S.C. 7323(a)(2) and (3), Federal employees 
may not become candidates for partisan political office and may not 
solicit, accept, or receive political contributions. Section 7325, 
however, authorizes OPM to prescribe regulations exempting Federal 
employees from the prohibitions in section 7323(a)(2) and (3) to the 
extent OPM considers it to be in their domestic interest.
    Under the authority of 5 U.S.C. 7325, as amended, OPM may issue a 
regulatory exemption to the District of Columbia if OPM determines 
that, because of special or unusual circumstances, it is in the 
domestic interest of the District's federally employed residents to 
permit their political participation in accordance with regulations 
prescribed by OPM.
    In regulations at 5 CFR 733.107(c), OPM has designated 
municipalities and political subdivisions where Federal employees may 
participate in local elections. At 5 CFR 733.103-733.106, OPM has 
established limitations on political participation by most Federal 
employees residing in these designated municipalities and subdivisions. 
Under 5 CFR 733.103, most Federal employees who reside in a 
municipality or political subdivision designated by OPM may: (1) Run as 
an independent candidate in a local election to partisan political 
office; (2) solicit, accept, or receive political contributions as, or 
on behalf of, an independent candidate for partisan political office in 
a local election; (3) accept or receive political contributions 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; 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, however, these employees may not: (1) Run as 
the representative of a political party for local partisan political 
office; (2) solicit political contributions on behalf of individuals 
who are candidates for local partisan political office and who 
represent a political party; (3) knowingly solicit a political 
contribution from any Federal employee, except when permitted; (4) 
accept or receive political contributions from a subordinate; (5) 
solicit, accept, or receive uncompensated volunteer services from a 
subordinate for any political purpose. Employees also may not 
participate in political activities when on duty, or while they are 
wearing items that identify their employing agency or their position. 
They cannot participate in political activities while they are in any 
room or building 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; nor while using a Government-
owned or lease 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 U.S.C. 7323(b) 
and 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.
    In response to an application from the Honorable Eleanor Holmes 
Norton, the Delegate from the District of Columbia to the United States 
House of Representatives, OPM proposes to designate the District of 
Columbia as a municipality in which Federal employees may run for local 
partisan political office, subject to the limitations established by 
OPM, and accept or receive political contributions in connection with 
elections for local public office. This proposal reflects OPM's 
determination that special or unusual circumstances exist so that it is 
in the domestic interest of Federal employees residing in the District 
of Columbia to participate in these political activities. Principal 
factors leading to OPM's determination are the enactment of the Hatch 
Act Modernization Act of 2012, Public Law 112-230 (December 28, 2012), 
expressly providing for a partial exemption for the District of 
Columbia, as well as the District of Columbia's high concentration of 
federally employed residents, its unique position as the capital of the 
United States, and the partisan nature of its elections for local 
public office.
    If this proposed rule is adopted, OPM will amend 5 CFR 733.107(c) 
by adding the District of Columbia to the list of other designated 
municipalities in which Federal Government employees may participate in 
elections for local partisan political office in accordance with the 
conditions specified in 5 CFR 733.103--733.106. The addition of the 
District of Columbia will be listed after Crane, Indiana, and before 
Elmer City, Washington.

[[Page 20498]]

E.O. 12291, Federal Regulation

    I have determined that this is not a major rule as defined under 
section 1(b) of E.O. 12291, Federal Regulation.

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 activity--Federal employees residing in designated 
localities.

U.S. Office of Personnel Management.
John Berry,
Director.
    Accordingly, the Office of Personnel Management proposes to amend 5 
CFR Part 733 as follows:

PART 733--POLITICAL ACTIVITY--FEDERAL EMPLOYEES RESIDING IN 
DESIGNATED LOCALITIES

0
1. The authority citation for part 733 is revised to read as follows:

    Authority:  5 U.S.C. 7325; Pub. L. 112-230 (The Hatch Act 
Modernization Act of 2012), 126 Stat. 1616 (Dec. 28, 2012); sec. 308 
of Pub. L. 104-93, 109 Stat. 961, 966 (Jan. 6, 1996)
0
2. Section 733.107(c) is amended by adding the District of Columbia, 
alphabetically, to the list of other designated municipalities as set 
forth below.


Sec.  733.107  Designated localities.

* * * * *
    (c) * * *
Other Municipalities
* * * * *
District of Columbia
* * * * *
[FR Doc. 2013-07872 Filed 4-4-13; 8:45 am]
BILLING CODE 6325-48-P