Post-Employment Conflict of Interest Restrictions; Revision of Departmental Component Designations, 95853-95854 [2016-31457]

Download as PDF 95853 Rules and Regulations Federal Register Vol. 81, No. 250 Thursday, December 29, 2016 This section of the FEDERAL REGISTER contains regulatory documents having general applicability and legal effect, most of which are keyed to and codified in the Code of Federal Regulations, which is published under 50 titles pursuant to 44 U.S.C. 1510. The Code of Federal Regulations is sold by the Superintendent of Documents. Prices of new books are listed in the first FEDERAL REGISTER issue of each week. OFFICE OF GOVERNMENT ETHICS 5 CFR Part 2641 RIN 3209–AA14 Post-Employment Conflict of Interest Restrictions; Revision of Departmental Component Designations Office of Government Ethics. Final rule. AGENCY: ACTION: The U.S. Office of Government Ethics (OGE) is issuing this final rule to revise the component designations of two agencies for purposes of the one-year postemployment conflict of interest restriction for senior employees. Specifically, OGE is revoking two existing component designations and adding five new component designations, based on the recommendations of the agencies concerned. SUMMARY: This rule is effective December 29, 2016, except for the amendments to Appendix B to 5 CFR part 2641 set forth in amendatory instructions 2.b. and 2.c., which are effective March 29, 2017. FOR FURTHER INFORMATION CONTACT: Kimberly L. Sikora Panza, Associate Counsel, Office of Government Ethics, Suite 500, 1201 New York Avenue NW., Washington, DC 20005–3917; Telephone: (202) 482–9300; TTY: (800) 877–8339; FAX: (202) 482–9237. SUPPLEMENTARY INFORMATION: DATES: rmajette on DSK2TPTVN1PROD with RULES I. Background The Director of OGE (Director) is authorized by 18 U.S.C. 207(h) to designate distinct and separate departmental or agency components in the executive branch for purposes of 18 U.S.C. 207(c), the one-year postemployment conflict of interest restriction for senior employees. The representational bar of 18 U.S.C. 207(c) usually extends to the whole of any VerDate Sep<11>2014 14:51 Dec 28, 2016 Jkt 241001 department or agency in which a former senior employee served in any capacity during the year prior to termination from a senior employee position. However, 18 U.S.C. 207(h) provides that whenever the Director determines that an agency or bureau within a department or agency in the executive branch exercises functions which are distinct and separate from the remaining functions of the department or agency and there exists no potential for use of undue influence or unfair advantage based on past Government service, the Director shall by rule designate such agency or bureau as a separate component of that department or agency. Under 18 U.S.C. 207(h)(2), component designations do not apply to persons employed at a rate of pay specified in or fixed according to subchapter II of 5 U.S.C. chapter 53 (the Executive Schedule). Component designations are listed in appendix B to 5 CFR part 2641. Pursuant to the procedures prescribed in 5 CFR 2641.302(e), two agencies forwarded written requests to OGE to amend their listings in appendix B to part 2641, and on October 18, 2016, OGE published a proposed rule in the Federal Register, 81 FR 71644, Oct. 18, 2016, that proposed to revise the component designations of those two agencies. The proposed rule provided a 30-day comment period, which ended on November 17, 2016. OGE did not receive any comments. The rationale for the proposed rule, which OGE is now adopting as final, is explained in the preamble at: https://www.gpo.gov/fdsys/ pkg/FR-2016-10-18/pdf/2016-25054.pdf. For the reasons stated in the preamble to the proposed rule, OGE is granting the request of the Department of Labor and is amending the agency’s listing in appendix B to part 2641 to remove the designation of the Employment Standards Administration (ESA), and in the place of ESA, designate the Office of Federal Contract Compliance Programs, Office of Labor Management Standards, Office of Workers’ Compensation Programs, and the Wage and Hour Division as distinct and separate components of the Department of Labor for purposes of 18 U.S.C. 207(c). OGE also is granting the request of the Department of Transportation and amending the agency’s listing in appendix B to part 2641 to remove the designation of the Surface PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 Transportation Board and designate the Pipeline and Hazardous Materials Safety Administration as a distinct and separate component of the Department of Transportation for purposes of 18 U.S.C. 207(c). As indicated in 5 CFR 2641.302(f), a designation ‘‘shall be effective on the date the rule creating the designation is published in the Federal Register and shall be effective as to individuals who terminated senior service either before, on or after that date.’’ Initial designations in appendix B to part 2641 were effective as of January 1, 1991. The effective date of subsequent designations is indicated by means of parenthetical entries in appendix B. The new component designations made in this rule are effective December 29, 2016. As also indicated in 5 CFR 2641.302(f), revocation of a component designation is effective 90 days after the publication in the Federal Register of the rule that revokes the designation. Accordingly, the component designation revocations made in this rule will take effect March 29, 2017. Revocations are not effective as to any individual terminating senior service prior to the expiration of the 90-day period. II. Matters of Regulatory Procedure Regulatory Flexibility Act As Director of the Office of Government Ethics, I certify under the Regulatory Flexibility Act (5 U.S.C. chapter 6) that this final rule will not have a significant economic impact on a substantial number of small entities because it affects only Federal departments and agencies and current and former Federal employees. Paperwork Reduction Act The Paperwork Reduction Act (44 U.S.C. chapter 35) does not apply to this final rule because it does not contain information collection requirements that require the approval of the Office of Management and Budget. Unfunded Mandates Reform Act For purposes of the Unfunded Mandates Reform Act of 1995 (2 U.S.C. chapter 25, subchapter II), this final rule will not significantly or uniquely affect small governments and will not result in increased expenditures by State, local, and tribal governments, in the aggregate, E:\FR\FM\29DER1.SGM 29DER1 95854 Federal Register / Vol. 81, No. 250 / Thursday, December 29, 2016 / Rules and Regulations or by the private sector, of $100 million or more (as adjusted for inflation) in any one year. Appendix B to Part 2641—Agency Components for Purposes of 18 U.S.C. 207(c) Congressional Review Act * The final rule is not a major rule as defined in 5 U.S.C. chapter 8, Congressional Review of Agency Rulemaking. Parent: Department of Labor Components: Bureau of Labor Statistics. Employee Benefits Security Administration (formerly Pension and Welfare Benefits Administration) (effective May 16, 1997). Employment and Training Administration. Employment Standards Administration. Mine Safety and Health Administration. Occupational Safety and Health Administration. Office of Disability Employment Policy (effective January 30, 2003). Office of Federal Contract Compliance Programs (effective December 29, 2016). Office of Labor Management Standards (effective December 29, 2016). Office of Workers’ Compensation Programs (effective December 29, 2016). Pension Benefit Guaranty Corporation (effective May 25, 2011). Wage and Hour Division (effective December 29, 2016). Executive Orders 12866 and 13563 In promulgating this final rule, the Office of Government Ethics has adhered to the regulatory philosophy and the applicable principles of regulation set forth in Executive Orders 12866 and 13563. This rule has not been reviewed by the Office of Management and Budget under Executive Order 12866 because it is not a ‘‘significant’’ regulatory action for the purposes of that order. Executive Order 12988 As Director of the Office of Government Ethics, I have reviewed this final rule in light of section 3 of Executive Order 12988, Civil Justice Reform, and certify that it meets the applicable standards provided therein. List of Subjects in 5 CFR Part 2641 Conflict of interests, Government employees. Approved: December 22, 2016. Walter M. Shaub, Jr., Director,Office of Government Ethics. Accordingly, for the reasons set forth in the preamble, the Office of Government Ethics is amending 5 CFR part 2641 as set forth below: PART 2641—POST-EMPLOYMENT CONFLICT OF INTEREST RESTRICTIONS * * * * * * * * * Parent: Department of Transportation Components: Federal Aviation Administration. Federal Highway Administration. Federal Motor Carrier Safety Administration (effective January 30, 2003). Federal Railroad Administration. Federal Transit Administration. Maritime Administration. National Highway Traffic Safety Administration. Pipeline and Hazardous Materials Safety Administration (effective December 29, 2016). Saint Lawrence Seaway Development Corporation. Surface Transportation Board (effective May 16, 1997). * * * * * [FR Doc. 2016–31457 Filed 12–28–16; 8:45 am] 1. The authority citation for part 2641 continues to read as follows: BILLING CODE 6345–03–P ■ Authority: 5 U.S.C. app. (Ethics in Government Act of 1978); 18 U.S.C. 207; E.O. 12674, 54 FR 15159, 3 CFR, 1989 Comp., p. 215, as modified by E.O. 12731, 55 FR 42547, 3 CFR, 1990 Comp., p. 306. DEPARTMENT OF TRANSPORTATION 2. Amend appendix B to part 2641 as follows: ■ a. Revise the listings for Parent: Department of Labor and Parent: Department of Transportation. ■ b. Effective March 29, 2017, remove the Employment Standards Administration component from the listing for Parent: Department of Labor ■ c. Effective March 29, 2017, remove the Surface Transportation Board component from the listing for Parent: Department of Transportation. The revisions read as follows: [Docket No. FAA–2014–0498; Directorate Identifier 2013–SW–052–AD; Amendment 39–18745; AD 2016–25–19] rmajette on DSK2TPTVN1PROD with RULES ■ VerDate Sep<11>2014 14:51 Dec 28, 2016 Jkt 241001 Federal Aviation Administration 14 CFR Part 39 RIN 2120–AA64 Airworthiness Directives; Airbus Helicopters (Previously Eurocopter France) Helicopters Federal Aviation Administration (FAA), DOT. ACTION: Final rule. AGENCY: We are superseding airworthiness directive (AD) 2010–21– SUMMARY: PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 07 for Eurocopter France (now Airbus Helicopters) Model AS350B3 and EC130B4 helicopters. AD 2010–21–07 required inspecting the pilot’s and copilot’s throttle twist for proper operation of the contactors. This new AD retains the requirements of AD 2010–21–07, includes additional inspection procedures, and revises the inspection interval. These actions are intended to address the unsafe condition on these products. DATES: This AD is effective February 2, 2017. The Director of the Federal Register approved the incorporation by reference of certain publications listed in this AD as of February 2, 2017. ADDRESSES: For service information identified in this final rule, contact Airbus Helicopters, Inc., 2701 N. Forum Drive, Grand Prairie, TX 75052; telephone (972) 641–0000 or (800) 232– 0323; fax (972) 641–3775; or at http:// www.airbushelicopters.com/techpub. You may view this referenced service information at the FAA, Office of the Regional Counsel, 10101 Hillwood Parkway, Fort Worth, Texas, 76177. It is also available on the Internet at http:// www.regulations.gov by searching for and locating Docket No. FAA–2014– 0498. Examining the AD Docket You may examine the AD docket on the Internet at http:// www.regulations.gov in Docket No. FAA–2014–0498; or in person at the Docket Management Facility between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this AD, the European Aviation Safety Agency (EASA) AD, any incorporated-by-reference information, the economic evaluation, any comments received, and other information. The address for the Docket Office (phone: 800–647–5527) is Document Management Facility, U.S. Department of Transportation, Docket Operations, M–30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE., Washington, DC 20590. FOR FURTHER INFORMATION CONTACT: George Schwab, Aviation Safety Engineer, Safety Management Group, Rotorcraft Directorate, FAA, 10101 Hillwood Parkway, Fort Worth, Texas, 76101; telephone (817) 222–5110; email george.schwab@faa.gov. SUPPLEMENTARY INFORMATION: Discussion We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 to remove AD 2010–21–07, Amendment 39–16467 (75 FR 63052, E:\FR\FM\29DER1.SGM 29DER1

Agencies

[Federal Register Volume 81, Number 250 (Thursday, December 29, 2016)]
[Rules and Regulations]
[Pages 95853-95854]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-31457]



========================================================================
Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents 
having general applicability and legal effect, most of which are keyed 
to and codified in the Code of Federal Regulations, which is published 
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents. 
Prices of new books are listed in the first FEDERAL REGISTER issue of each 
week.

========================================================================


Federal Register / Vol. 81, No. 250 / Thursday, December 29, 2016 / 
Rules and Regulations

[[Page 95853]]



OFFICE OF GOVERNMENT ETHICS

5 CFR Part 2641

RIN 3209-AA14


Post-Employment Conflict of Interest Restrictions; Revision of 
Departmental Component Designations

AGENCY: Office of Government Ethics.

ACTION: Final rule.

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

SUMMARY: The U.S. Office of Government Ethics (OGE) is issuing this 
final rule to revise the component designations of two agencies for 
purposes of the one-year post-employment conflict of interest 
restriction for senior employees. Specifically, OGE is revoking two 
existing component designations and adding five new component 
designations, based on the recommendations of the agencies concerned.

DATES: This rule is effective December 29, 2016, except for the 
amendments to Appendix B to 5 CFR part 2641 set forth in amendatory 
instructions 2.b. and 2.c., which are effective March 29, 2017.

FOR FURTHER INFORMATION CONTACT: Kimberly L. Sikora Panza, Associate 
Counsel, Office of Government Ethics, Suite 500, 1201 New York Avenue 
NW., Washington, DC 20005-3917; Telephone: (202) 482-9300; TTY: (800) 
877-8339; FAX: (202) 482-9237.

SUPPLEMENTARY INFORMATION:

I. Background

    The Director of OGE (Director) is authorized by 18 U.S.C. 207(h) to 
designate distinct and separate departmental or agency components in 
the executive branch for purposes of 18 U.S.C. 207(c), the one-year 
post-employment conflict of interest restriction for senior employees. 
The representational bar of 18 U.S.C. 207(c) usually extends to the 
whole of any department or agency in which a former senior employee 
served in any capacity during the year prior to termination from a 
senior employee position. However, 18 U.S.C. 207(h) provides that 
whenever the Director determines that an agency or bureau within a 
department or agency in the executive branch exercises functions which 
are distinct and separate from the remaining functions of the 
department or agency and there exists no potential for use of undue 
influence or unfair advantage based on past Government service, the 
Director shall by rule designate such agency or bureau as a separate 
component of that department or agency. Under 18 U.S.C. 207(h)(2), 
component designations do not apply to persons employed at a rate of 
pay specified in or fixed according to subchapter II of 5 U.S.C. 
chapter 53 (the Executive Schedule). Component designations are listed 
in appendix B to 5 CFR part 2641.
    Pursuant to the procedures prescribed in 5 CFR 2641.302(e), two 
agencies forwarded written requests to OGE to amend their listings in 
appendix B to part 2641, and on October 18, 2016, OGE published a 
proposed rule in the Federal Register, 81 FR 71644, Oct. 18, 2016, that 
proposed to revise the component designations of those two agencies. 
The proposed rule provided a 30-day comment period, which ended on 
November 17, 2016. OGE did not receive any comments. The rationale for 
the proposed rule, which OGE is now adopting as final, is explained in 
the preamble at: https://www.gpo.gov/fdsys/pkg/FR-2016-10-18/pdf/2016-25054.pdf.
    For the reasons stated in the preamble to the proposed rule, OGE is 
granting the request of the Department of Labor and is amending the 
agency's listing in appendix B to part 2641 to remove the designation 
of the Employment Standards Administration (ESA), and in the place of 
ESA, designate the Office of Federal Contract Compliance Programs, 
Office of Labor Management Standards, Office of Workers' Compensation 
Programs, and the Wage and Hour Division as distinct and separate 
components of the Department of Labor for purposes of 18 U.S.C. 207(c). 
OGE also is granting the request of the Department of Transportation 
and amending the agency's listing in appendix B to part 2641 to remove 
the designation of the Surface Transportation Board and designate the 
Pipeline and Hazardous Materials Safety Administration as a distinct 
and separate component of the Department of Transportation for purposes 
of 18 U.S.C. 207(c).
    As indicated in 5 CFR 2641.302(f), a designation ``shall be 
effective on the date the rule creating the designation is published in 
the Federal Register and shall be effective as to individuals who 
terminated senior service either before, on or after that date.'' 
Initial designations in appendix B to part 2641 were effective as of 
January 1, 1991. The effective date of subsequent designations is 
indicated by means of parenthetical entries in appendix B. The new 
component designations made in this rule are effective December 29, 
2016.
    As also indicated in 5 CFR 2641.302(f), revocation of a component 
designation is effective 90 days after the publication in the Federal 
Register of the rule that revokes the designation. Accordingly, the 
component designation revocations made in this rule will take effect 
March 29, 2017. Revocations are not effective as to any individual 
terminating senior service prior to the expiration of the 90-day 
period.

II. Matters of Regulatory Procedure

Regulatory Flexibility Act

    As Director of the Office of Government Ethics, I certify under the 
Regulatory Flexibility Act (5 U.S.C. chapter 6) that this final rule 
will not have a significant economic impact on a substantial number of 
small entities because it affects only Federal departments and agencies 
and current and former Federal employees.

Paperwork Reduction Act

    The Paperwork Reduction Act (44 U.S.C. chapter 35) does not apply 
to this final rule because it does not contain information collection 
requirements that require the approval of the Office of Management and 
Budget.

Unfunded Mandates Reform Act

    For purposes of the Unfunded Mandates Reform Act of 1995 (2 U.S.C. 
chapter 25, subchapter II), this final rule will not significantly or 
uniquely affect small governments and will not result in increased 
expenditures by State, local, and tribal governments, in the aggregate,

[[Page 95854]]

or by the private sector, of $100 million or more (as adjusted for 
inflation) in any one year.

Congressional Review Act

    The final rule is not a major rule as defined in 5 U.S.C. chapter 
8, Congressional Review of Agency Rulemaking.

Executive Orders 12866 and 13563

    In promulgating this final rule, the Office of Government Ethics 
has adhered to the regulatory philosophy and the applicable principles 
of regulation set forth in Executive Orders 12866 and 13563. This rule 
has not been reviewed by the Office of Management and Budget under 
Executive Order 12866 because it is not a ``significant'' regulatory 
action for the purposes of that order.

Executive Order 12988

    As Director of the Office of Government Ethics, I have reviewed 
this final rule in light of section 3 of Executive Order 12988, Civil 
Justice Reform, and certify that it meets the applicable standards 
provided therein.

List of Subjects in 5 CFR Part 2641

    Conflict of interests, Government employees.

    Approved: December 22, 2016.
Walter M. Shaub, Jr.,
Director,Office of Government Ethics.
    Accordingly, for the reasons set forth in the preamble, the Office 
of Government Ethics is amending 5 CFR part 2641 as set forth below:

PART 2641--POST-EMPLOYMENT CONFLICT OF INTEREST RESTRICTIONS

0
1. The authority citation for part 2641 continues to read as follows:

    Authority: 5 U.S.C. app. (Ethics in Government Act of 1978); 18 
U.S.C. 207; E.O. 12674, 54 FR 15159, 3 CFR, 1989 Comp., p. 215, as 
modified by E.O. 12731, 55 FR 42547, 3 CFR, 1990 Comp., p. 306.


0
2. Amend appendix B to part 2641 as follows:
0
a. Revise the listings for Parent: Department of Labor and Parent: 
Department of Transportation.
0
b. Effective March 29, 2017, remove the Employment Standards 
Administration component from the listing for Parent: Department of 
Labor
0
c. Effective March 29, 2017, remove the Surface Transportation Board 
component from the listing for Parent: Department of Transportation.
    The revisions read as follows:

Appendix B to Part 2641--Agency Components for Purposes of 18 U.S.C. 
207(c)

* * * * *

Parent: Department of Labor

    Components:

Bureau of Labor Statistics.
Employee Benefits Security Administration (formerly Pension and 
Welfare Benefits Administration) (effective May 16, 1997).
Employment and Training Administration.
Employment Standards Administration.
Mine Safety and Health Administration.
Occupational Safety and Health Administration.
Office of Disability Employment Policy (effective January 30, 2003).
Office of Federal Contract Compliance Programs (effective December 
29, 2016).
Office of Labor Management Standards (effective December 29, 2016).
Office of Workers' Compensation Programs (effective December 29, 
2016).
Pension Benefit Guaranty Corporation (effective May 25, 2011).
Wage and Hour Division (effective December 29, 2016).
* * * * *

Parent: Department of Transportation

    Components:

Federal Aviation Administration.
Federal Highway Administration.
Federal Motor Carrier Safety Administration (effective January 30, 
2003).
Federal Railroad Administration.
Federal Transit Administration.
Maritime Administration.
National Highway Traffic Safety Administration.
Pipeline and Hazardous Materials Safety Administration (effective 
December 29, 2016).
Saint Lawrence Seaway Development Corporation.
Surface Transportation Board (effective May 16, 1997).
* * * * *
[FR Doc. 2016-31457 Filed 12-28-16; 8:45 am]
BILLING CODE 6345-03-P