Department of the Treasury Employee Rules of Conduct, 8402-8406 [2016-03410]
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Federal Register / Vol. 81, No. 33 / Friday, February 19, 2016 / Rules and Regulations
§ 1.1445–4
[Amended]
first column by removing the language
in the ‘‘Remove’’ column and adding in
Par. 7. Section 1.1445–4 is amended
in each of the paragraphs listed in the
■
its place the language in the ‘‘Add’’
column.
Paragraph
Remove
Add
(c)(1), tenth sentence .........................................
from a foreign person must withhold a tax
equal to 10 percent.
(c)(1), thirteenth sentence ..................................
10 percent tax ..................................................
(c)(2), second sentence .....................................
to the Director, Philadelphia Service Center,
at.
from a foreign person after February 16,
2016, must withhold a tax equal to 15 percent (10 percent in the case of dispositions
described in § 1.1445–1(b)(2)).
15 percent tax (10 percent tax in the case of
dispositions described in § 1.1445–1(b)(2)).
to.
Par. 8. Section 1.1445–5 is amended
as follows:
1. In each of the paragraphs listed in
the first column, by removing the
language in the ‘‘Remove’’ column and
■
■
Paragraph
Remove
(b)(2)(ii) introductory text, first sentence ............
to the Director, Philadelphia Service Center,
at.
10 percent ........................................................
with the Director, Philadelphia Service Center,
at.
with the Director, Philadelphia Service Center,
at.
10 percent ........................................................
(c)(3)(iv) introductory text, second sentence ......
(c)(3)(v), first sentence .......................................
(c)(3)(v), fifth sentence .......................................
(e)(1) introductory text, first sentence ................
2. In paragraph (h), by revising the
heading and adding two sentences after
the first sentence.
The revision and additions read as
follows:
■
§ 1.1445–5 Special rules concerning
distributions and other transactions by
corporations, partnerships, trusts, and
estates.
*
*
*
*
Add
(h) Applicability dates. * * * The
withholding rates set forth in
paragraphs (c)(3)(iv) and (e)(1) of this
section apply to distributions after
February 16, 2016. For distributions on
or before February 16, 2016, see
paragraphs (c)(3)(iv) and (e)(1) of this
section as contained in 26 CFR part 1
revised as of April 1, 2015.
to.
15 percent.
at.
at.
15 percent.
§ 1.1445–6
[Amended]
Par. 9. Section 1.1445–6 is amended
in each of the paragraphs listed in the
first column by removing the language
in the ‘‘Remove’’ column and adding in
its place the language in the ‘‘Add’’
column.
■
*
Paragraph
Remove
(f)(1), first sentence ............................................
to the Director, Philadelphia Service Center,
at.
by the Director, Philadelphia Service Center ..
by the Director, Philadelphia Service Center,
or his delegate.
addressed to the Director, Philadelphia Service Center, at.
(f)(2)(iii), heading ................................................
(f)(2)(iii), first sentence .......................................
(g) introductory text, second sentence ...............
§ 1.1445–11T
§ 1.1445–11T Special rules requiring
withholding under § 1.1445–5 (temporary).
*
*
*
(d) * * *
(2) * * *
(iii) * * *
*
*
John Dalrymple,
Deputy Commissioner for Services and
Enforcement.
Approved: February 12, 2016.
Mark J. Mazur,
Assistant Secretary of the Treasury (Tax
Policy).
[FR Doc. 2016–03421 Filed 2–17–16; 4:15 pm]
BILLING CODE 4830–01–P
1 Section 324(a) of the Protecting
Americans from Tax Hikes Act of 2015 (Pub.
L. 114–113) increased the withholding rate
under section 1445(e)(5) to 15 percent,
VerDate Sep<11>2014
Add
applicable to dispositions after February 16,
2016.
[Amended]
Par. 10. Section 1.1445–11T is
amended in paragraph (d)(2)(iii) by
adding footnote ‘‘1’’ after the last
sentence to read as follows:
■
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adding in its place the language in the
‘‘Add’’ column.
16:19 Feb 18, 2016
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on behalf of the Service.
on behalf of the Service.
delivered to.
DEPARTMENT OF THE TREASURY
31 CFR Part 0
Department of the Treasury Employee
Rules of Conduct
AGENCY:
ACTION:
Department of the Treasury.
Interim final rule.
The Department of the
Treasury (the ‘‘Department’’ or
‘‘Treasury’’) is updating its Employee
Rules of Conduct, which prescribe
uniform rules of conduct and procedure
SUMMARY:
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for all employees and officials in the
Department.
DATES: Effective date: February 19, 2016.
Comment due date: April 19, 2016.
ADDRESSES: Treasury invites comments
on the topics addressed in this Interim
Final Rule. Comments may be submitted
through one of these methods:
• Electronic Submission of
Comments: Interested persons may
submit comments electronically through
the Federal eRulemaking Portal at
https://www.regulations.gov. Electronic
submission of comments allows the
commenter maximum time to prepare
and submit a comment, ensures timely
receipt, and enables the Department to
make them available to the public.
Comments submitted electronically
through the https://www.regulations.gov
Web site can be viewed by other
commenters and interested members of
the public.
• Mail: Send to Department of the
Treasury, Attention: Brian Sonfield,
Room 2020, 1500 Pennsylvania Avenue
NW., Washington, DC 20220.
In general, Treasury will post all
comments to www.regulations.gov
without change, including any business
or personal information provided, such
as names, addresses, email addresses, or
telephone numbers. Treasury will also
make such comments available for
public inspection and copying in
Treasury’s Library, Department of the
Treasury, 1500 Pennsylvania Avenue
NW., Washington, DC 20220, on official
business days between the hours of 10
a.m. and 5 p.m. Eastern Time. You can
make an appointment to inspect
comments by telephoning (202) 622–
0990. All comments received, including
attachments and other supporting
materials, will be part of the public
record and subject to public disclosure.
You should only submit information
that you wish to make publicly
available.
FOR FURTHER INFORMATION CONTACT:
Please send questions by email to Brian
Sonfield at brian.sonfield@treasury.gov
or by phone on 202–622–0450.
SUPPLEMENTARY INFORMATION:
I. Background
On June 1, 1995, the Department
issued Employee Rules of Conduct
prescribing uniform rules of conduct
and procedure for all employees and
officials in the Department. Treasury is
now amending the Employee Rules of
Conduct to account for current
Department structure resulting from
organizational changes that established
new bureaus within Treasury and
transferred certain functions and/or
bureaus from the Department. This rule
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also amends the Rules of Conduct to
remove provisions that pertain solely to
standards of ethical conduct. The
standards of ethical conduct governing
employees of the Department are
contained in uniform standards of
ethical conduct promulgated by the
Office of Government Ethics that apply
to all executive branch personnel,
codified at 5 CFR part 2635 (Executive
Branch-wide Standards), and in the
Supplemental Standards of Ethical
Conduct for Employees of the
Department of the Treasury, codified at
5 CFR part 3101 (Treasury
Supplemental Standards). Finally, this
rule amends the Rules of Conduct to
ensure the efficient functioning of the
Department and to conform to changes
in the law or Department policy. This
rulemaking revises part 0 in its entirety.
II. Analysis of the Regulations
Subpart A—General Provisions
The provisions contained in subpart
A state the purpose and applicability of
the Rules of Conduct, as well as the
responsibilities of the Department’s
employees and managers in
implementing and complying with the
included regulations. Subpart A also
identifies other rules of conduct
applicable to Department employees,
and it includes a definitional section.
Omitted from the definition of ‘‘Bureau’’
because they are no longer bureaus of
the Department are the Bureaus of
Alcohol, Tobacco and Firearms (ATF),
Federal Law Enforcement Training
Center (FLETC), the United States
Customs Service (USCS), and the United
States Secret Service (USSS). New
bureaus or offices include the Alcohol
and Tobacco Tax and Trade Bureau
(TTB), the Office of the Treasury
Inspector General for Tax
Administration (TIGTA), the Office of
the Special Inspector General for the
Troubled Asset Relief Program
(SIGTARP), and the Financial Crimes
Enforcement Network (FinCEN).
Additionally, the Office of Thrift
Supervision (OTS) was abolished by
statute and certain functions of OTS
have been integrated into the Office of
the Comptroller of the Currency (OCC).
The Department also consolidated the
Bureau of Public Debt (BPD) and the
Financial Management Service (FMS)
into a new Bureau of the Fiscal Service
(BFS).
Subpart B—Rules of Conduct
Subpart B sets out the conduct
regulations that all Department
employees and officials are required to
follow. Generally, the rules regulate
employee conduct, including, for
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example, the use of government issued
charge cards, the care of documents and
data, the use of government property,
and the use of controlled substances and
intoxicants.
III. Matters of Regulatory Procedure
Administrative Procedure Act
Under 5 U.S.C. 553(a)(2), rules
relating to agency management and
personnel are exempt from the
rulemaking requirements of the
Administrative Procedure Act (APA). As
set forth in the description of the
interim final rule, this rule affects only
the Department and its personnel;
therefore, the APA requirements for
prior notice and opportunity to
comment and a delayed effective date
are inapplicable. Even if this rulemaking
were subject to APA procedures, the
Department finds that good cause exists,
pursuant to 5 U.S.C. 553(b) and (d), that
the requirements for prior notice and
comment are unnecessary because the
rule affects only Treasury employees.
Regulatory Flexibility Act
Because no notice of proposed
rulemaking is required, the provisions
of the Regulatory Flexibility Act (5
U.S.C. 601 et seq.) do not apply.
Unfunded Mandates Reform Act
Section 202 of the Unfunded
Mandates Reform Act of 1995
(Unfunded Mandates Act) requires an
agency to prepare a budgetary impact
statement before promulgating a rule
that includes a federal mandate that
may result in expenditure by State,
local, and tribal governments, in the
aggregate, or by the private sector, of
$100 million or more in any one year.
If a budgetary impact statement is
required, section 205 of the Unfunded
Mandates Act also requires an agency to
identify and consider a reasonable
number of regulatory alternatives before
promulgating a rule. This rule generally
sets out the conduct regulations that all
Department employees and officials are
required to follow. The Department
therefore has determined that the rule
will not result in expenditures by state,
local or tribal governments or by the
private sector of $100 million or more.
Accordingly, the Department has not
prepared a budgetary impact statement
or specifically addressed the regulatory
alternatives considered.
List of Subjects in 31 CFR Part 0
Government employees.
For the reasons set forth in the
preamble, 31 CFR part 0 is revised to
read as follows:
■
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Federal Register / Vol. 81, No. 33 / Friday, February 19, 2016 / Rules and Regulations
§ 0.103 Other rules of conduct applicable
to Department employees.
PART 0—DEPARTMENT OF THE
TREASURY EMPLOYEE RULES OF
CONDUCT
Subpart A—General Provisions
Sec.
0.101 Purpose.
0.102 Applicability.
0.103 Other rules of conduct applicable to
Department employees.
0.104 Definitions.
0.105 Responsibilities of employees and
supervisors.
0.106 Corrective action.
Subpart B—Rules of Conduct
0.201 Acting within scope of authority.
0.202 Conformance with policy and
subordination to authority.
0.203 Reporting suspected misconduct.
0.204 Prohibition of reprisal for reporting
suspected misconduct.
0.205 Controlled substances and
intoxicants.
0.206 Strikes.
0.207 Possession of weapons or explosives.
0.208 Care of agency records.
0.209 Disclosure of records or information.
0.210 Cooperation with official inquiries.
0.211 Falsification of official records.
0.212 Use of government property.
0.213 Government issued charge cards.
0.214 Conduct while on government
property.
0.215 Recording government business.
0.216 Influencing legislation or petitioning
Congress.
0.217 Nondiscrimination.
0.218 General conduct prejudicial to the
government.
Authority: 5 U.S.C. 301.
Subpart A—General Provisions
§ 0.101
Purpose.
The regulations in this part prescribe
procedures and standards of conduct
that are appropriate to the particular
functions and activities of the
Department of the Treasury
(Department).
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§ 0.102
Applicability.
(a) Unless otherwise specified, the
regulations in this part apply to all
employees of the Department at all
times, regardless of whether they are on
duty or on leave, including leave
without pay.
(b) The regulations in this part may be
supplemented by regulations,
interpretive guidelines and procedures
issued by the Department’s offices and
bureaus. The absence of a specific
published rule of conduct covering an
action or omission does not validate that
action or omission nor indicate that the
action or omission would not result in
corrective or disciplinary action.
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In addition to the regulations in this
part, employees of the Department are
subject to other applicable statutes and
regulations, including the following:
(a) The Standards of Ethical Conduct
for Employees of the Executive Branch
at 5 CFR part 2635;
(b) The Supplemental Standards of
Ethical Conduct for Employees of the
Department of the Treasury at 5 CFR
part 3101;
(c) Political Activities of Federal
Employees regulations at 5 CFR part
734;
(d) The Employee Responsibilities
and Conduct regulations at 5 CFR part
735; and
(e) Department of the Treasury
Disclosure of Records regulations at 31
CFR part 1.
§ 0.104
Definitions.
The following definitions are used
throughout this part:
(a) Bureau means:
(1) Alcohol and Tobacco Tax and
Trade Bureau;
(2) Bureau of Engraving and Printing;
(3) Bureau of the Fiscal Service;
(4) Departmental Offices;
(5) Financial Crimes Enforcement
Network;
(6) Internal Revenue Service;
(7) Office of the Comptroller of the
Currency;
(8) Office of the Inspector General;
(9) Office of the Special Inspector
General for the Troubled Asset Relief
Program;
(10) Office of the Treasury Inspector
General for Tax Administration;
(11) United States Mint; and
(12) Any other organization
designated as a bureau by the Secretary
of the Treasury pursuant to appropriate
authority.
(b) Person means an individual,
corporation, company, association, firm,
partnership, society, joint stock
company, or any other entity,
organization, or institution.
(c) Employee means an officer or
employee of the Department regardless
of grade, status or place of employment,
including an employee on leave with
pay or on leave without pay. Unless
stated otherwise, employee shall
include a special government employee.
(d) Special government employee
means an officer or employee of the
Department who is retained, designated,
appointed, or employed, regardless of
type of appointment, to perform
temporary duties on a full-time or
intermittent basis, with or without
compensation, for not to exceed 130
days during any period of 365consecutive days. 18 U.S.C. 202(a).
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(e) On Department property means
present in a building, on property, or in
space owned by, leased by, occupied by,
or under the control of the Department.
§ 0.105 Responsibilities of employees and
supervisors.
(a) Employees shall comply with all
generally accepted rules of conduct, the
specific provisions of this part, and
other applicable regulations. An
employee with questions about
generally accepted rules of conduct, the
specific provisions of this part, and
other applicable regulations should
consult his or her supervisor, a human
resources specialist, or Bureau counsel.
(b) Supervisors, because of their dayto-day relationships with their
employees, are responsible for ensuring
that their employees maintain high
standards of conduct. Supervisors must
be familiar with this part and other
applicable regulations and must apply
generally accepted rules of conduct, the
standards in this part, and the standards
in other applicable regulations to the
work they do and supervise.
Supervisors shall take appropriate
action, including disciplinary action,
when violations of this part or other
applicable regulations occur.
§ 0.106
Corrective action.
An employee’s violation of generally
accepted rules of conduct, the standards
in this part, or the standards in other
applicable regulations may result in
appropriate corrective or disciplinary
action, in addition to any penalty
prescribed by law.
Subpart B—Rules of Conduct
§ 0.201
Acting within scope of authority.
An employee shall not engage in any
conduct or activity that is in excess of
his or her authority or is otherwise
contrary to any law, regulation, or
Department policy.
§ 0.202 Conformance with policy and
subordination to authority.
(a) Employees are required to comply
with the lawful directives of their
supervisor and other management
officials.
(b) Employees shall be familiar and
comply with regulations and published
instructions that relate to their official
duties and responsibilities.
§ 0.203
Reporting suspected misconduct.
(a) An employee shall immediately
report to his or her supervisor, to any
management official, or to the
applicable Office of Inspector General:
(1) Any information that the employee
reasonably believes indicates a possible
offense against the United States by an
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employee of the Department or any
other individual working on behalf of
the Department, including, but not
limited to, bribery; fraud; perjury;
conflict of interest; misuse of funds,
government purchase or employee
travel credit cards, equipment, or
facilities; and other conduct which is
prohibited by title 18 of the United
States Code;
(2) Any suspected violation of a
statute, rule, or regulation, including
this part and the regulations referenced
in section 0.103 of this part;
(3) Any instance in which another
person inside or outside the federal
government uses or attempts to use
undue influence to induce an employee
to do or omit to do any official act in
derogation of his official duty; and,
(4) Any information that the employee
reasonably believes indicates the
existence of an activity constituting:
(i) Mismanagement, a gross waste of
funds, or abuse of authority;
(ii) A substantial and specific danger
to the public health and safety;
(iii) A threat to the integrity of
programs and operations relating to the
Department; or
(iv) A violation of merit systems
principles or a prohibited personnel
practice as described in 5 U.S.C. 2301
and 2302.
(b) Bureau counsel who, during the
course of providing advice to or
representation of a bureau, acquire
information of the type described in
paragraph (a) of this section, shall report
the information to the reporting
employee’s supervisor, the Chief or
Legal Counsel, or the Deputy General
Counsel, who shall report such
information to the relevant Inspector
General.
(c) This section does not cover matters
addressed through employee grievances,
equal employment opportunity
complaints, Merit Systems Protection
Board appeals, classification appeals, or
other matters for which separate, formal
systems have been established.
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§ 0.204 Prohibition of reprisal for reporting
suspected misconduct.
Any employee who has authority to
take, direct others to take, recommend,
or approve any personnel action, shall
not, with respect to such authority, take
or threaten to take any action against
any employee as a reprisal for providing
any information in accordance with
§ 0.203 of this part or through other
processes established by law. However,
if an employee makes a complaint or
discloses information with the
knowledge that it was false, or with
willful disregard of its truth or falsity,
such conduct may be grounds for
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disciplinary action, and such action
shall not constitute reprisal.
§ 0.205 Controlled substances and
intoxicants.
Employees shall not sell, offer to sell,
buy, offer to buy, use, or possess,
controlled substances in violation of
federal law. Employees shall not use or
be under the influence of alcohol in a
manner that adversely affects their work
performance. Employees may consume
alcohol on Department property only
when authorized in accordance with
Department or bureau policies and
directives.
§ 0.206
Strikes.
Employees shall not participate in a
labor strike, work stoppage, or work
slowdown against the government.
§ 0.207 Possession of weapons or
explosives.
(a) Employees shall not possess
firearms, explosives, or other dangerous
weapons, as defined at 40 U.S.C.
5104(a), either openly or concealed,
while on Department property or while
on official duty.
(b) The prohibition of paragraph (a) of
this section does not apply to the
possession of authorized weapons or
explosives by employees who are
required to possess such authorized
weapons or explosives in the
performance of their official duties.
§ 0.208
Care of agency records.
(a) Employees shall not remove, alter,
destroy, mutilate, access, copy, or retain
documents or data in the custody of the
federal government or provided to them
in the course of their employment,
without proper authorization.
(b) The term ‘‘documents’’ includes,
but is not limited to, any written,
printed, typed or other graphic material,
recording, computer tape, disk or hard
drive, storage medium, blueprint,
photograph, or other physical object on
which information is recorded,
including all copies of the foregoing by
whatever means made, and any
electronic file, data, or information
stored on or created on a government
computer, database, application,
program, network, or storage medium.
§ 0.209 Disclosure of records or
information.
(a) Employees shall not disclose or
use official information without proper
authority. Employees authorized to
make disclosures should respond
promptly and courteously to requests
from the public for information when
permitted to do so by law.
(b) Employees who have access to
information that is classified for security
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reasons in accordance with Executive
Order 13526, or any successor Executive
Order governing Classified National
Security Information, are responsible for
its custody and safekeeping, and for
assuring that it is not disclosed to
unauthorized persons. See 18 U.S.C.
798; 50 U.S.C. 783(a); 31 CFR part 2.
§ 0.210
Cooperation with official inquiries.
Employees directed by competent
Department or other federal authority to
provide oral or written responses to
questions, or to provide documents and
other materials concerning matters of
official interest, shall timely respond
fully, truthfully, and, when required,
under oath.
§ 0.211
Falsification of official records.
Employees shall not intentionally or
with willful disregard make false or
misleading statements, orally or in
writing, in connection with any matter
of official interest. Matters of official
interest include, but are not limited to,
the following: Official reports and any
other official information upon which
the Department, the Congress, other
government agencies, or the public may
act or rely; transactions with the public,
government agencies or other
government employees; application
forms and other forms that serve as a
basis for any personnel action;
vouchers; time and attendance records,
including leave records; work reports of
any nature or accounts of any kind;
affidavits; record of or data concerning
any matter relating to or connected with
an employee’s duties; personnel
records; and reports of any moneys or
securities received, held or paid to, for
or on behalf of the United States.
§ 0.212
Use of government property.
(a) An employee shall not directly or
indirectly use, or allow the use of,
government property of any kind,
including property leased to the
government, for other than officially
approved activities. This includes the
use of government-provided information
technology equipment, internet access,
cellular telephones, personal digital
assistants, and other devices in a
manner that is inconsistent with the
Department’s policy permitting
reasonable personal use. An employee
has a positive duty to protect and
conserve government property
including equipment, supplies,
intellectual property, and other property
made available, entrusted, or issued to
the employee for official use.
(b) Employees shall not use
government vehicles for unofficial
purposes, including to transport
unauthorized passengers. The use of
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government vehicles for transporting
employees between their domiciles and
places of employment is prohibited
except when authorized by the
Secretary pursuant to 31 U.S.C. 1344 or
other statute.
§ 0.213
Government issued charge cards.
Dated: February 12, 2016.
Brodi Fontenot,
Assistant Secretary for Management.
§ 0.214 Conduct while on government
property.
[FR Doc. 2016–03410 Filed 2–18–16; 8:45 am]
(a) Employees must adhere to the
regulations that govern the conduct of
individuals who are in the buildings or
space occupied by, or on grounds of,
particular government property.
(b) Employees shall not solicit, make
collections, canvass for the sale of any
article, or distribute literature or
advertising on Department property
without appropriate authorization.
Recording government business.
An employee shall not electronically
transmit, or create audio or video
recordings of, conversations, meetings,
or conferences in the workplace or
while conducting business on behalf of
the Department, except where doing so
is part of the employee’s official duties.
§ 0.216 Influencing legislation or
petitioning Congress.
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Nondiscrimination.
(a) Employees shall not discriminate
against or harass any other employee,
applicant for employment, contractor, or
person dealing with the Department on
official business on the basis of race,
color, religion, national origin, sex,
sexual orientation, age, disability,
political affiliation, marital status,
parental status, veterans status, or
genetic information.
(b) Supervisors shall not retaliate
against an employee for complaining
about suspected unlawful
discrimination or harassment, seeking
accommodation for a disability, or
otherwise exercising their right to be
free from unlawful discrimination.
(c) An employee who engages in
discriminatory or retaliatory conduct
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BILLING CODE 4810–25–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2015–0750; FRL–9942–58–
Region 3]
Approval and Promulgation of Air
Quality Implementation Plans; District
of Columbia; Interstate Pollution
Transport Requirements for the 2010
Nitrogen Dioxide Standards
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving a State
Implementation Plan (SIP) revision
submitted by the District of Columbia
(the District). This revision pertains to
the infrastructure requirement of
interstate transport pollution with
respect to the 2010 nitrogen dioxide
(NO2) National Ambient Air Quality
Standards (NAAQS). EPA is approving
this revision in accordance with the
requirements of the Clean Air Act
(CAA).
DATES: This final rule is effective on
March 21, 2016.
ADDRESSES: EPA has established a
docket for this action under Docket ID
Number EPA–R03–OAR–2015–0750. All
documents in the docket are listed in
the www.regulations.gov Web site.
Although listed in the electronic docket,
some information is not publicly
available, i.e., confidential business
information (CBI) or other information
whose disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the Internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available through www.regulations.gov
SUMMARY:
Except for the official handling,
through the proper channels, of matters
relating to legislation in which the
Department has an interest, employees
shall not use government time, money,
or property to petition a Member of
Congress to favor or oppose any
legislation or proposed legislation, or to
encourage others to do so.
§ 0.217
§ 0.218 General conduct prejudicial to the
government.
An employee shall not engage in
criminal, infamous, dishonest, immoral,
or notoriously disgraceful conduct, or
other conduct prejudicial to the
government.
(a) Employees shall not make
improper purchases with government
contractor-issued charge cards.
(b) Employees shall timely pay
undisputed amounts owed on
government contractor-issued travel
charge cards.
§ 0.215
may be disciplined under these
regulations, as well as other applicable
laws. However, this section does not
create any enforceable legal rights in
any person.
PO 00000
Frm 00018
Fmt 4700
Sfmt 4700
or may be viewed during normal
business hours at the Air Protection
Division, U.S. Environmental Protection
Agency, Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103.
Copies of the State submittal are
available at the District of Columbia
Department of Energy and Environment,
Air Quality Division, 1200 1st Street
NE., 5th floor, Washington, DC 20002.
FOR FURTHER INFORMATION CONTACT:
´
Emlyn Velez-Rosa, (215) 814–2038, or
by email at velez-rosa.emlyn@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
Whenever new or revised NAAQS are
promulgated, the CAA requires states to
submit a plan for the implementation,
maintenance, and enforcement of such
NAAQS. The plan is required to address
basic program elements, including, but
not limited to, regulatory structure,
monitoring, modeling, legal authority,
and adequate resources necessary to
assure attainment and maintenance of
the standards. These elements are
referred to as infrastructure
requirements and are specified in
section 110(a)(2) of the CAA.
Particularly, section 110(a)(2)(D)(i)(I) of
the CAA requires state SIPs to address
any emissions activity in one state that
contributes significantly to
nonattainment, or interferes with
maintenance, of the NAAQS in any
downwind state. EPA sometimes refers
to these requirements as prong 1
(significant contribution to
nonattainment) and prong 2
(interference with maintenance), or
conjointly as the ‘‘good neighbor’’
provision of the CAA.
On December 4, 2015 (80 FR 75845),
EPA published a notice of proposed
rulemaking (NPR) for the District. In the
NPR, EPA proposed approval of a SIP
revision by the District addressing
section 110(a)(2)(D)(i)(I) with respect to
the 2010 NO2 NAAQS. The formal SIP
revision was submitted by the District
on June 6, 2014.
II. Summary of SIP Revision
The District submitted on June 6,
2014 a SIP revision to satisfy the
infrastructure requirements of section
110(a)(2) of the CAA for the 2010 NO2
NAAQS, including section
110(a)(2)(D)(i)(I) that pertains to
interstate transport. This rulemaking
action is addressing the portions of the
District’s June 6, 2014 infrastructure
submittal for the 2010 NO2 NAAQS that
pertain to transport requirements.1
1 EPA has previously taken rulemaking action on
the June 6, 2014 SIP revision to address all other
applicable infrastructure requirements for the 2010
E:\FR\FM\19FER1.SGM
19FER1
]]>Agencies
[Federal Register Volume 81, Number 33 (Friday, February 19, 2016)]
[Rules and Regulations]
[Pages 8402-8406]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-03410]
-----------------------------------------------------------------------
DEPARTMENT OF THE TREASURY
31 CFR Part 0
Department of the Treasury Employee Rules of Conduct
AGENCY: Department of the Treasury.
ACTION: Interim final rule.
-----------------------------------------------------------------------
SUMMARY: The Department of the Treasury (the ``Department'' or
``Treasury'') is updating its Employee Rules of Conduct, which
prescribe uniform rules of conduct and procedure
[[Page 8403]]
for all employees and officials in the Department.
DATES: Effective date: February 19, 2016. Comment due date: April 19,
2016.
ADDRESSES: Treasury invites comments on the topics addressed in this
Interim Final Rule. Comments may be submitted through one of these
methods:
Electronic Submission of Comments: Interested persons may
submit comments electronically through the Federal eRulemaking Portal
at https://www.regulations.gov. Electronic submission of comments allows
the commenter maximum time to prepare and submit a comment, ensures
timely receipt, and enables the Department to make them available to
the public. Comments submitted electronically through the https://www.regulations.gov Web site can be viewed by other commenters and
interested members of the public.
Mail: Send to Department of the Treasury, Attention: Brian
Sonfield, Room 2020, 1500 Pennsylvania Avenue NW., Washington, DC
20220.
In general, Treasury will post all comments to www.regulations.gov
without change, including any business or personal information
provided, such as names, addresses, email addresses, or telephone
numbers. Treasury will also make such comments available for public
inspection and copying in Treasury's Library, Department of the
Treasury, 1500 Pennsylvania Avenue NW., Washington, DC 20220, on
official business days between the hours of 10 a.m. and 5 p.m. Eastern
Time. You can make an appointment to inspect comments by telephoning
(202) 622-0990. All comments received, including attachments and other
supporting materials, will be part of the public record and subject to
public disclosure. You should only submit information that you wish to
make publicly available.
FOR FURTHER INFORMATION CONTACT: Please send questions by email to
Brian Sonfield at brian.sonfield@treasury.gov or by phone on 202-622-
0450.
SUPPLEMENTARY INFORMATION:
I. Background
On June 1, 1995, the Department issued Employee Rules of Conduct
prescribing uniform rules of conduct and procedure for all employees
and officials in the Department. Treasury is now amending the Employee
Rules of Conduct to account for current Department structure resulting
from organizational changes that established new bureaus within
Treasury and transferred certain functions and/or bureaus from the
Department. This rule also amends the Rules of Conduct to remove
provisions that pertain solely to standards of ethical conduct. The
standards of ethical conduct governing employees of the Department are
contained in uniform standards of ethical conduct promulgated by the
Office of Government Ethics that apply to all executive branch
personnel, codified at 5 CFR part 2635 (Executive Branch-wide
Standards), and in the Supplemental Standards of Ethical Conduct for
Employees of the Department of the Treasury, codified at 5 CFR part
3101 (Treasury Supplemental Standards). Finally, this rule amends the
Rules of Conduct to ensure the efficient functioning of the Department
and to conform to changes in the law or Department policy. This
rulemaking revises part 0 in its entirety.
II. Analysis of the Regulations
Subpart A--General Provisions
The provisions contained in subpart A state the purpose and
applicability of the Rules of Conduct, as well as the responsibilities
of the Department's employees and managers in implementing and
complying with the included regulations. Subpart A also identifies
other rules of conduct applicable to Department employees, and it
includes a definitional section. Omitted from the definition of
``Bureau'' because they are no longer bureaus of the Department are the
Bureaus of Alcohol, Tobacco and Firearms (ATF), Federal Law Enforcement
Training Center (FLETC), the United States Customs Service (USCS), and
the United States Secret Service (USSS). New bureaus or offices include
the Alcohol and Tobacco Tax and Trade Bureau (TTB), the Office of the
Treasury Inspector General for Tax Administration (TIGTA), the Office
of the Special Inspector General for the Troubled Asset Relief Program
(SIGTARP), and the Financial Crimes Enforcement Network (FinCEN).
Additionally, the Office of Thrift Supervision (OTS) was abolished by
statute and certain functions of OTS have been integrated into the
Office of the Comptroller of the Currency (OCC). The Department also
consolidated the Bureau of Public Debt (BPD) and the Financial
Management Service (FMS) into a new Bureau of the Fiscal Service (BFS).
Subpart B--Rules of Conduct
Subpart B sets out the conduct regulations that all Department
employees and officials are required to follow. Generally, the rules
regulate employee conduct, including, for example, the use of
government issued charge cards, the care of documents and data, the use
of government property, and the use of controlled substances and
intoxicants.
III. Matters of Regulatory Procedure
Administrative Procedure Act
Under 5 U.S.C. 553(a)(2), rules relating to agency management and
personnel are exempt from the rulemaking requirements of the
Administrative Procedure Act (APA). As set forth in the description of
the interim final rule, this rule affects only the Department and its
personnel; therefore, the APA requirements for prior notice and
opportunity to comment and a delayed effective date are inapplicable.
Even if this rulemaking were subject to APA procedures, the Department
finds that good cause exists, pursuant to 5 U.S.C. 553(b) and (d), that
the requirements for prior notice and comment are unnecessary because
the rule affects only Treasury employees.
Regulatory Flexibility Act
Because no notice of proposed rulemaking is required, the
provisions of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) do
not apply.
Unfunded Mandates Reform Act
Section 202 of the Unfunded Mandates Reform Act of 1995 (Unfunded
Mandates Act) requires an agency to prepare a budgetary impact
statement before promulgating a rule that includes a federal mandate
that may result in expenditure by State, local, and tribal governments,
in the aggregate, or by the private sector, of $100 million or more in
any one year. If a budgetary impact statement is required, section 205
of the Unfunded Mandates Act also requires an agency to identify and
consider a reasonable number of regulatory alternatives before
promulgating a rule. This rule generally sets out the conduct
regulations that all Department employees and officials are required to
follow. The Department therefore has determined that the rule will not
result in expenditures by state, local or tribal governments or by the
private sector of $100 million or more. Accordingly, the Department has
not prepared a budgetary impact statement or specifically addressed the
regulatory alternatives considered.
List of Subjects in 31 CFR Part 0
Government employees.
0
For the reasons set forth in the preamble, 31 CFR part 0 is revised to
read as follows:
[[Page 8404]]
PART 0--DEPARTMENT OF THE TREASURY EMPLOYEE RULES OF CONDUCT
Subpart A--General Provisions
Sec.
0.101 Purpose.
0.102 Applicability.
0.103 Other rules of conduct applicable to Department employees.
0.104 Definitions.
0.105 Responsibilities of employees and supervisors.
0.106 Corrective action.
Subpart B--Rules of Conduct
0.201 Acting within scope of authority.
0.202 Conformance with policy and subordination to authority.
0.203 Reporting suspected misconduct.
0.204 Prohibition of reprisal for reporting suspected misconduct.
0.205 Controlled substances and intoxicants.
0.206 Strikes.
0.207 Possession of weapons or explosives.
0.208 Care of agency records.
0.209 Disclosure of records or information.
0.210 Cooperation with official inquiries.
0.211 Falsification of official records.
0.212 Use of government property.
0.213 Government issued charge cards.
0.214 Conduct while on government property.
0.215 Recording government business.
0.216 Influencing legislation or petitioning Congress.
0.217 Nondiscrimination.
0.218 General conduct prejudicial to the government.
Authority: 5 U.S.C. 301.
Subpart A--General Provisions
Sec. 0.101 Purpose.
The regulations in this part prescribe procedures and standards of
conduct that are appropriate to the particular functions and activities
of the Department of the Treasury (Department).
Sec. 0.102 Applicability.
(a) Unless otherwise specified, the regulations in this part apply
to all employees of the Department at all times, regardless of whether
they are on duty or on leave, including leave without pay.
(b) The regulations in this part may be supplemented by
regulations, interpretive guidelines and procedures issued by the
Department's offices and bureaus. The absence of a specific published
rule of conduct covering an action or omission does not validate that
action or omission nor indicate that the action or omission would not
result in corrective or disciplinary action.
Sec. 0.103 Other rules of conduct applicable to Department employees.
In addition to the regulations in this part, employees of the
Department are subject to other applicable statutes and regulations,
including the following:
(a) The Standards of Ethical Conduct for Employees of the Executive
Branch at 5 CFR part 2635;
(b) The Supplemental Standards of Ethical Conduct for Employees of
the Department of the Treasury at 5 CFR part 3101;
(c) Political Activities of Federal Employees regulations at 5 CFR
part 734;
(d) The Employee Responsibilities and Conduct regulations at 5 CFR
part 735; and
(e) Department of the Treasury Disclosure of Records regulations at
31 CFR part 1.
Sec. 0.104 Definitions.
The following definitions are used throughout this part:
(a) Bureau means:
(1) Alcohol and Tobacco Tax and Trade Bureau;
(2) Bureau of Engraving and Printing;
(3) Bureau of the Fiscal Service;
(4) Departmental Offices;
(5) Financial Crimes Enforcement Network;
(6) Internal Revenue Service;
(7) Office of the Comptroller of the Currency;
(8) Office of the Inspector General;
(9) Office of the Special Inspector General for the Troubled Asset
Relief Program;
(10) Office of the Treasury Inspector General for Tax
Administration;
(11) United States Mint; and
(12) Any other organization designated as a bureau by the Secretary
of the Treasury pursuant to appropriate authority.
(b) Person means an individual, corporation, company, association,
firm, partnership, society, joint stock company, or any other entity,
organization, or institution.
(c) Employee means an officer or employee of the Department
regardless of grade, status or place of employment, including an
employee on leave with pay or on leave without pay. Unless stated
otherwise, employee shall include a special government employee.
(d) Special government employee means an officer or employee of the
Department who is retained, designated, appointed, or employed,
regardless of type of appointment, to perform temporary duties on a
full-time or intermittent basis, with or without compensation, for not
to exceed 130 days during any period of 365-consecutive days. 18 U.S.C.
202(a).
(e) On Department property means present in a building, on
property, or in space owned by, leased by, occupied by, or under the
control of the Department.
Sec. 0.105 Responsibilities of employees and supervisors.
(a) Employees shall comply with all generally accepted rules of
conduct, the specific provisions of this part, and other applicable
regulations. An employee with questions about generally accepted rules
of conduct, the specific provisions of this part, and other applicable
regulations should consult his or her supervisor, a human resources
specialist, or Bureau counsel.
(b) Supervisors, because of their day-to-day relationships with
their employees, are responsible for ensuring that their employees
maintain high standards of conduct. Supervisors must be familiar with
this part and other applicable regulations and must apply generally
accepted rules of conduct, the standards in this part, and the
standards in other applicable regulations to the work they do and
supervise. Supervisors shall take appropriate action, including
disciplinary action, when violations of this part or other applicable
regulations occur.
Sec. 0.106 Corrective action.
An employee's violation of generally accepted rules of conduct, the
standards in this part, or the standards in other applicable
regulations may result in appropriate corrective or disciplinary
action, in addition to any penalty prescribed by law.
Subpart B--Rules of Conduct
Sec. 0.201 Acting within scope of authority.
An employee shall not engage in any conduct or activity that is in
excess of his or her authority or is otherwise contrary to any law,
regulation, or Department policy.
Sec. 0.202 Conformance with policy and subordination to authority.
(a) Employees are required to comply with the lawful directives of
their supervisor and other management officials.
(b) Employees shall be familiar and comply with regulations and
published instructions that relate to their official duties and
responsibilities.
Sec. 0.203 Reporting suspected misconduct.
(a) An employee shall immediately report to his or her supervisor,
to any management official, or to the applicable Office of Inspector
General:
(1) Any information that the employee reasonably believes indicates
a possible offense against the United States by an
[[Page 8405]]
employee of the Department or any other individual working on behalf of
the Department, including, but not limited to, bribery; fraud; perjury;
conflict of interest; misuse of funds, government purchase or employee
travel credit cards, equipment, or facilities; and other conduct which
is prohibited by title 18 of the United States Code;
(2) Any suspected violation of a statute, rule, or regulation,
including this part and the regulations referenced in section 0.103 of
this part;
(3) Any instance in which another person inside or outside the
federal government uses or attempts to use undue influence to induce an
employee to do or omit to do any official act in derogation of his
official duty; and,
(4) Any information that the employee reasonably believes indicates
the existence of an activity constituting:
(i) Mismanagement, a gross waste of funds, or abuse of authority;
(ii) A substantial and specific danger to the public health and
safety;
(iii) A threat to the integrity of programs and operations relating
to the Department; or
(iv) A violation of merit systems principles or a prohibited
personnel practice as described in 5 U.S.C. 2301 and 2302.
(b) Bureau counsel who, during the course of providing advice to or
representation of a bureau, acquire information of the type described
in paragraph (a) of this section, shall report the information to the
reporting employee's supervisor, the Chief or Legal Counsel, or the
Deputy General Counsel, who shall report such information to the
relevant Inspector General.
(c) This section does not cover matters addressed through employee
grievances, equal employment opportunity complaints, Merit Systems
Protection Board appeals, classification appeals, or other matters for
which separate, formal systems have been established.
Sec. 0.204 Prohibition of reprisal for reporting suspected
misconduct.
Any employee who has authority to take, direct others to take,
recommend, or approve any personnel action, shall not, with respect to
such authority, take or threaten to take any action against any
employee as a reprisal for providing any information in accordance with
Sec. 0.203 of this part or through other processes established by law.
However, if an employee makes a complaint or discloses information with
the knowledge that it was false, or with willful disregard of its truth
or falsity, such conduct may be grounds for disciplinary action, and
such action shall not constitute reprisal.
Sec. 0.205 Controlled substances and intoxicants.
Employees shall not sell, offer to sell, buy, offer to buy, use, or
possess, controlled substances in violation of federal law. Employees
shall not use or be under the influence of alcohol in a manner that
adversely affects their work performance. Employees may consume alcohol
on Department property only when authorized in accordance with
Department or bureau policies and directives.
Sec. 0.206 Strikes.
Employees shall not participate in a labor strike, work stoppage,
or work slowdown against the government.
Sec. 0.207 Possession of weapons or explosives.
(a) Employees shall not possess firearms, explosives, or other
dangerous weapons, as defined at 40 U.S.C. 5104(a), either openly or
concealed, while on Department property or while on official duty.
(b) The prohibition of paragraph (a) of this section does not apply
to the possession of authorized weapons or explosives by employees who
are required to possess such authorized weapons or explosives in the
performance of their official duties.
Sec. 0.208 Care of agency records.
(a) Employees shall not remove, alter, destroy, mutilate, access,
copy, or retain documents or data in the custody of the federal
government or provided to them in the course of their employment,
without proper authorization.
(b) The term ``documents'' includes, but is not limited to, any
written, printed, typed or other graphic material, recording, computer
tape, disk or hard drive, storage medium, blueprint, photograph, or
other physical object on which information is recorded, including all
copies of the foregoing by whatever means made, and any electronic
file, data, or information stored on or created on a government
computer, database, application, program, network, or storage medium.
Sec. 0.209 Disclosure of records or information.
(a) Employees shall not disclose or use official information
without proper authority. Employees authorized to make disclosures
should respond promptly and courteously to requests from the public for
information when permitted to do so by law.
(b) Employees who have access to information that is classified for
security reasons in accordance with Executive Order 13526, or any
successor Executive Order governing Classified National Security
Information, are responsible for its custody and safekeeping, and for
assuring that it is not disclosed to unauthorized persons. See 18
U.S.C. 798; 50 U.S.C. 783(a); 31 CFR part 2.
Sec. 0.210 Cooperation with official inquiries.
Employees directed by competent Department or other federal
authority to provide oral or written responses to questions, or to
provide documents and other materials concerning matters of official
interest, shall timely respond fully, truthfully, and, when required,
under oath.
Sec. 0.211 Falsification of official records.
Employees shall not intentionally or with willful disregard make
false or misleading statements, orally or in writing, in connection
with any matter of official interest. Matters of official interest
include, but are not limited to, the following: Official reports and
any other official information upon which the Department, the Congress,
other government agencies, or the public may act or rely; transactions
with the public, government agencies or other government employees;
application forms and other forms that serve as a basis for any
personnel action; vouchers; time and attendance records, including
leave records; work reports of any nature or accounts of any kind;
affidavits; record of or data concerning any matter relating to or
connected with an employee's duties; personnel records; and reports of
any moneys or securities received, held or paid to, for or on behalf of
the United States.
Sec. 0.212 Use of government property.
(a) An employee shall not directly or indirectly use, or allow the
use of, government property of any kind, including property leased to
the government, for other than officially approved activities. This
includes the use of government-provided information technology
equipment, internet access, cellular telephones, personal digital
assistants, and other devices in a manner that is inconsistent with the
Department's policy permitting reasonable personal use. An employee has
a positive duty to protect and conserve government property including
equipment, supplies, intellectual property, and other property made
available, entrusted, or issued to the employee for official use.
(b) Employees shall not use government vehicles for unofficial
purposes, including to transport unauthorized passengers. The use of
[[Page 8406]]
government vehicles for transporting employees between their domiciles
and places of employment is prohibited except when authorized by the
Secretary pursuant to 31 U.S.C. 1344 or other statute.
Sec. 0.213 Government issued charge cards.
(a) Employees shall not make improper purchases with government
contractor-issued charge cards.
(b) Employees shall timely pay undisputed amounts owed on
government contractor-issued travel charge cards.
Sec. 0.214 Conduct while on government property.
(a) Employees must adhere to the regulations that govern the
conduct of individuals who are in the buildings or space occupied by,
or on grounds of, particular government property.
(b) Employees shall not solicit, make collections, canvass for the
sale of any article, or distribute literature or advertising on
Department property without appropriate authorization.
Sec. 0.215 Recording government business.
An employee shall not electronically transmit, or create audio or
video recordings of, conversations, meetings, or conferences in the
workplace or while conducting business on behalf of the Department,
except where doing so is part of the employee's official duties.
Sec. 0.216 Influencing legislation or petitioning Congress.
Except for the official handling, through the proper channels, of
matters relating to legislation in which the Department has an
interest, employees shall not use government time, money, or property
to petition a Member of Congress to favor or oppose any legislation or
proposed legislation, or to encourage others to do so.
Sec. 0.217 Nondiscrimination.
(a) Employees shall not discriminate against or harass any other
employee, applicant for employment, contractor, or person dealing with
the Department on official business on the basis of race, color,
religion, national origin, sex, sexual orientation, age, disability,
political affiliation, marital status, parental status, veterans
status, or genetic information.
(b) Supervisors shall not retaliate against an employee for
complaining about suspected unlawful discrimination or harassment,
seeking accommodation for a disability, or otherwise exercising their
right to be free from unlawful discrimination.
(c) An employee who engages in discriminatory or retaliatory
conduct may be disciplined under these regulations, as well as other
applicable laws. However, this section does not create any enforceable
legal rights in any person.
Sec. 0.218 General conduct prejudicial to the government.
An employee shall not engage in criminal, infamous, dishonest,
immoral, or notoriously disgraceful conduct, or other conduct
prejudicial to the government.
Dated: February 12, 2016.
Brodi Fontenot,
Assistant Secretary for Management.
[FR Doc. 2016-03410 Filed 2-18-16; 8:45 am]
BILLING CODE 4810-25-P
