Political Activity-Federal Employees Residing in Designated Localities, 20497-20498 [2013-07872]
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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
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SUMMARY:
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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
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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:
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16:26 Apr 04, 2013
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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
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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