Department of the Treasury Employee Rules of Conduct, 47105-47107 [2017-21906]
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Federal Register / Vol. 82, No. 195 / Wednesday, October 11, 2017 / Rules and Regulations
description to reflect the FAA’s
transition from ground-based to
satellite-based navigation aids.
Additionally, Class E airspace
extending upward from 700 feet above
the surface is enlarged west of the
airport from the 6.8-mile radius of the
airport to an area 10 miles wide (from
3.6 miles wide) extending to 12.4 miles
west (from 8.3 miles west) of the airport.
This action also updates the airport’s
geographic coordinates for the
associated Class D and E airspace areas
to reflect the FAA’s current aeronautical
database. Additionally, this action
replaces the outdated term ‘‘Airport/
Facility Directory’’ with the term ‘‘Chart
Supplement’’ in the Class D and E
airspace legal descriptions. These
modifications are necessary for the
safety and management of IFR
operations at the airport.
Lastly, a technical amendment is
made to rename the airspace
designation for the following airspace
areas: AWP HI D Molokai, HI, is
renamed Kaunakakai, HI; AWP HI E2
Molokai, HI, is renamed Kaunakakai, HI;
and AWP HI E5 Molokai, HI, is renamed
Kaunakakai, HI, to remain consistent in
the Order.
Regulatory Notices and Analyses
The FAA has determined that this
regulation only involves an established
body of technical regulations for which
frequent and routine amendments are
necessary to keep them operationally
current, is non-controversial and
unlikely to result in adverse or negative
comments. It, therefore: (1) Is not a
‘‘significant regulatory action’’ under
Executive Order 12866; (2) is not a
‘‘significant rule’’ under DOT
Regulatory Policies and Procedures (44
FR 11034; February 26, 1979); and (3)
does not warrant preparation of a
Regulatory Evaluation as the anticipated
impact is so minimal. Since this is a
routine matter that only affects air traffic
procedures and air navigation, it is
certified that this rule, when
promulgated, will not have a significant
economic impact on a substantial
number of small entities under the
criteria of the Regulatory Flexibility Act.
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Environmental Review
The FAA has determined that this
action qualifies for categorical exclusion
under the National Environmental
Policy Act in accordance with FAA
Order 1050.1F, ‘‘Environmental
Impacts: Policies and Procedures,’’
paragraph 5–6.5a. This airspace action
is not expected to cause any potentially
significant environmental impacts, and
no extraordinary circumstances exist
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47105
that warrant preparation of an
environmental assessment.
extending from the 4.3-mile radius to 8 miles
west of the airport.
Lists of Subjects in 14 CFR Part 71
Paragraph 6005 Class E Airspace Areas
Extending Upward From 700 Feet or More
Above the Surface of the Earth.
Airspace, Incorporation by reference,
Navigation (air).
Adoption of the Amendment
In consideration of the foregoing, the
Federal Aviation Administration
amends 14 CFR part 71 as follows:
PART 71—DESIGNATION OF CLASS A,
B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND
REPORTING POINTS
1. The authority citation for part 71
continues to read as follows:
■
Authority: 49 U.S.C. 106(f), 106(g); 40103,
40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR,
1959–1963 Comp., p. 389.
§ 71.1
[Amended]
*
*
*
*
*
AWP HI E5 Kaunakakai, HI [Amended]
Molokai Airport, HI
(Lat. 21°09′10″ N., long. 157°05′47″ W.)
That airspace extending upward from the
surface within a 6.8-mile radius of Molokai
Airport and within 5.4 miles north and 4.8
miles south of a 255° bearing from Molokai
Airport extending from the 6.8-mile radius to
12.4 miles west of the airport.
Issued in Seattle, Washington, on October
3, 2017.
B.G. Chew,
Acting Group Manager, Operations Support
Group, Western Service Center.
[FR Doc. 2017–21785 Filed 10–10–17; 8:45 am]
BILLING CODE 4910–13–P
2. The incorporation by reference in
14 CFR 71.1 of FAA Order 7400.11B,
Airspace Designations and Reporting
Points, dated August 3, 2017, and
effective September 15, 2017, is
amended as follows:
■
Paragraph 5000
Class D Airspace.
*
*
*
*
*
AWP HI D Kaunakakai, HI [Amended]
Molokai Airport, HI
(Lat. 21°09′10″ N., long. 157°05′47″ W.)
That airspace extending upward from the
surface to and including 3,000 feet MSL
within a 4.3-mile radius of Molokai Airport.
This Class D airspace area is effective during
the specific dates and times established in
advance by a Notice to Airmen. The effective
date and time will thereafter be continuously
published in the Chart Supplement.
DEPARTMENT OF THE TREASURY
31 CFR Part 0
RIN 1505–AB89
Department of the Treasury Employee
Rules of Conduct
Department of the Treasury.
Final rule.
AGENCY:
ACTION:
The Department of the
Treasury (the ‘‘Department’’ or
‘‘Treasury’’) publishes this final rule to
update its Employee Rules of Conduct,
which prescribe uniform rules of
conduct and procedure for all
employees and officials in the
Department.
SUMMARY:
Paragraph 6002 Class E Airspace
Designated as Surface Areas.
DATES:
*
FOR FURTHER INFORMATION CONTACT:
*
*
*
*
AWP HI E2 Kaunakakai, HI [New]
Molokai Airport, HI
(Lat. 21°09′10″ N., long. 157°05′47″ W.)
That airspace extending upward from the
surface within a 4.3-mile radius of Molokai
Airport. This Class E airspace area is effective
during the specific dates and times
established in advance by a Notice to
Airmen. The effective date and time will
thereafter be continuously published in the
Chart Supplement.
Paragraph 6004 Class E Airspace Areas
Designated as an Extension to a Class D or
Class E Surface Area.
*
*
*
*
*
AWP HI E4 Kaunakakai, HI [Amended]
Molokai Airport, HI
(Lat. 21°09′10″ N., long. 157°05′47″ W.)
That airspace extending upward from the
surface within 1.5 miles north and 2.8 miles
south of a 255° bearing from Molokai Airport
PO 00000
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Fmt 4700
Sfmt 4700
Effective October 11, 2017.
Brian Sonfield, Deputy Assistant
General Counsel, General Law and
Regulation, (202) 622–9804.
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. On February
19, 2016, Treasury published in the
Federal Register an interim final rule
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. The
interim final rule also amended the
Rules of Conduct to remove provisions
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47106
Federal Register / Vol. 82, No. 195 / Wednesday, October 11, 2017 / Rules and Regulations
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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, the interim final rule amended
the Rules of Conduct to ensure the
efficient functioning of the Department
and to conform to changes in the law or
Department policy.
The interim final rule went into effect
on February 19, 2016. The public
comment period for the interim final
rule closed on April 19, 2016. One
written comment responding to the
interim final rule was received and is
available for public inspection at https://
www.regulations.gov or upon request.
After consideration of the comment, the
interim final rule revising part 0 in its
entirety is adopted as amended by this
final rule.
II. Public Comment and Summary of
Changes From the Interim Final Rules
Section 0.216 of the interim final rule
states: ‘‘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.’’ The
commenter expressed concern that this
language has the potential to interfere
with the right of an employee
representative under the Federal Labor
Management Relations Statute, 5 U.S.C.
7101, et seq., to communicate with
Congress and to educate its members
about legislative proposals. The
commenter also observed that interim
final rule section 0.216 could
impermissibly chill communications
between union leaders and bargaining
unit employees about such proposals.
Treasury recognizes that it has a duty
to bargain with the representatives of its
employees over proposals to permit the
use of official time for such
representatives to lobby Congress
regarding matters affecting conditions of
employment. See AFGE and U.S. Dep’t
of Labor, 61 F.L.R.A. 209, 216 (2005).
Section 0.216 was not intended to
preclude such bargaining. In order to
clarify Treasury’s intent, section 0.216
has been revised to reflect that the use
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20:04 Oct 10, 2017
Jkt 244001
of government time, to petition a
Member of Congress to favor or oppose
any legislation or proposed legislation,
is not prohibited where permitted by a
collective bargaining agreement.
Accordingly, the following additional
sentence has been added to the end of
section 0.216: ‘‘This section does not
prohibit the use of government time by
union representatives to petition a
Member of Congress to favor or oppose
any legislation or proposed legislation,
where permitted by the terms of a
collective bargaining agreement.’’
Treasury disagrees that section 0.216
can reasonably be construed to limit all
communications between union leaders
and bargaining unit employees about
legislative proposals, including those
that would educate union members
about legislative proposals affecting
their government employment. The rule
prohibits only the use of government
time, money, or property for
communications encouraging others to
petition a Member of Congress to favor
or oppose any legislation or proposed
legislation. Such a prohibition does not
interfere with any employee right.
Although not the subject of a public
comment, Treasury has also made a
clarifying change to section 0.215. That
section of the interim final rule
provided: ‘‘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’’ (emphasis added). This
wording could be construed to preclude
ad hoc authorizations to record where
doing so is not part of an employee’s
official duties. That was not Treasury’s
intention, and the section has therefore
been changed to substitute the phrase
‘‘where authorized’’ for the phrase
‘‘where doing so is part of the
employee’s official duties.’’
III. Matters of Regulatory Procedure
Regulatory Flexibility Act
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
Frm 00024
Fmt 4700
Sfmt 4700
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 rule, this final 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.
List of Subjects in 31 CFR Part 0
Government employees.
For reasons set forth in the preamble,
the interim rule published February 19,
2016, at 81 FR 8402, is adopted as final
with the following changes:
PART 0—DEPARTMENT OF THE
TREASURY EMPLOYEE RULES OF
CONDUCT
1. The authority citation for part 0
continues to read as follows:
■
Because, as explained at 81 FR 8402
(Feb. 19, 2016), no notice of proposed
rulemaking was required, the provisions
of the Regulatory Flexibility Act (5
U.S.C. 601 et seq.) do not apply.
PO 00000
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.
Authority: 5 U.S.C. 301.
■
2. Revise § 0.215 to read as follows:
§ 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
authorized.
■
3. Revise § 0.216 to read as follows:
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Federal Register / Vol. 82, No. 195 / Wednesday, October 11, 2017 / Rules and Regulations
§ 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. This section
does not prohibit the use of government
time by union representatives to
petition a Member of Congress to favor
or oppose any legislation or proposed
legislation, where permitted by the
terms of a collective bargaining
agreement.
Dated: October 4, 2017.
Kody H. Kinsley,
Assistant Secretary for Management.
[FR Doc. 2017–21906 Filed 10–10–17; 8:45 am]
BILLING CODE 4810–25–P
DEPARTMENT OF THE TREASURY
31 CFR Part 23
RIN 1505–AC51
Nondiscrimination on the Basis of Age
in Programs and Activities Receiving
Federal Financial Assistance From the
Department of the Treasury
Department of the Treasury.
Final rule.
AGENCY:
ACTION:
This final rule sets out the
Department of the Treasury’s (Treasury)
rules for implementing the Age
Discrimination Act of 1975, as amended
(the Act). The Act prohibits
discrimination on the basis of age in
programs and activities receiving
Federal financial assistance. The Act,
which applies to persons of all ages,
permits the use of certain age
distinctions and factors other than age
that meet the Act’s requirements. This
final rule follows publication of an
August 4, 2015, proposed rule and takes
into account the comments received.
DATES: Effective November 13, 2017.
FOR FURTHER INFORMATION CONTACT:
Mariam G. Harvey, Director, Office of
Civil Rights and Diversity, Department
of the Treasury, (202) 622–0316 (voice).
SUPPLEMENTARY INFORMATION:
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SUMMARY:
I. Background
The Age Discrimination Act of 1975,
42 U.S.C. 6101–6107 (‘‘the Act’’), which
Congress enacted as part of amendments
to the Older Americans Act (Pub. L. 94–
135, 89 Stat. 713, 728), prohibits
discrimination on the basis of age in
programs and activities receiving
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20:04 Oct 10, 2017
Jkt 244001
Federal financial assistance. The Civil
Rights Restoration Act of 1987 (Pub. L.
100–259, 102 Stat. 28, 31 (1988))
amended the Act and other civil rights
statutes to define ‘‘program or activity’’
to mean all of the operations of
specified entities, any part of which is
extended Federal financial assistance.
See 42 U.S.C. 6107(4).
The Act applies to discrimination at
all age levels. The Act also contains
specific exceptions that permit the use
of certain age distinctions and factors
other than age that meet the Act’s
requirements.
The Act required the former
Department of Health, Education, and
Welfare (HEW) to issue general,
government-wide regulations, setting
standards to be followed by all Federal
agencies implementing the Act. These
government-wide regulations, which
were issued on June 12, 1979 (44 FR
33768), and became effective on July 1,
1979, require each Federal agency
providing financial assistance to any
program or activity to publish proposed
regulations implementing the Act, and
to submit final agency regulations to
HEW (now the Department of Health
and Human Services (HHS)), before
publication in the Federal Register. See
45 CFR 90.31.
The Act became effective on the
effective date of HEW’s final
government-wide regulations (i.e., July
1, 1979). Treasury has enforced the
provisions of the Act since that time. As
a practical matter, the absence of
Treasury-specific age regulations has
not had an impact on Treasury’s legal
authority to enforce prohibitions against
discrimination on the basis of age in
programs or activities receiving Federal
financial assistance from Treasury.
Specifically, persons alleging age
discrimination have not been hampered
in their ability to file complaints nor has
Treasury’s Office of Civil Rights and
Diversity’s (OCRD) ability to process
these complaints been affected.
On August 4, 2015 (80 FR 46208), the
Department issued a notice of proposed
rulemaking and invited comments on all
aspects of the proposal.
II. Overview of Final Rule
This rule is designed to fulfill the
statutory and regulatory obligations of
Treasury to issue a regulation
implementing the Act that conforms to
the government-wide regulations at 45
CFR part 90. The rule carries out the
Act’s prohibition of discrimination
based on age in programs and activities
receiving financial assistance from
Treasury and provides appropriate
investigative, conciliation, and
enforcement procedures. OCRD, part of
PO 00000
Frm 00025
Fmt 4700
Sfmt 4700
47107
the Office of the Assistant Secretary for
Management, will conduct Treasury
enforcement. OCRD enforces all civil
rights laws applicable to entities
receiving financial assistance from
Treasury.
The rule is not intended to alter the
legal standards found in the Act or the
government-wide regulations, which are
applicable to recipients of Federal
financial assistance from Treasury
under other statutes. Treasury does not
provide financial assistance within the
meaning of these rules merely by
disbursing a payment on behalf of
another Federal agency. The rule closely
follows the wording and format of rules
issued by other Federal agencies to
implement the Act. In particular,
Treasury modeled much of its proposal
on the agency-specific regulations
issued by HHS, the lead Federal agency
coordinating implementation of the Act
(45 CFR part 91; 47 FR 57850, Dec. 28,
1982); and the Department of Education
(ED) (34 CFR part 110; 58 FR 40194, July
27, 1993). The government-wide, HHS,
and ED rules were subjected to
extensive public scrutiny, and the
public comments were considered in
finalizing those rules. Readers may
review the HHS and ED Federal
Register publications for historical and
explanatory material regarding the Act,
the government-wide regulations, and
the provisions of the HHS and ED
implementing regulations.
In general, the final rule mirrors the
government-wide regulations at 45 CFR
part 90 and HHS’s and ED’s regulations
implementing the Act, with
modifications to aid consistency and
clarify the Treasury specific provisions.
Subpart A sets forth the rule’s purpose,
applications, and definitions. Subpart B
contains the standards for determining
age discrimination. Subpart C comprises
the duties and responsibilities of
Treasury recipients. Subpart D
establishes the procedures for
investigations, conciliation and
enforcement. For a complete discussion
of the proposal, see the August 4, 2015,
proposed rule at 80 FR 46208.
III. Summary of Public Comments and
Explanation of Revisions
Treasury received three comments on
the proposed rule which generally
supported the rule. One commenter
suggested revisions that are discussed
below.
The commenter suggested there could
be confusion in the employer
community and among employees who
may not be aware that the Age
Discrimination Act (Age Act), and the
Age Discrimination in Employment Act
(ADEA) are separate statutes with
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Agencies
[Federal Register Volume 82, Number 195 (Wednesday, October 11, 2017)]
[Rules and Regulations]
[Pages 47105-47107]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-21906]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE TREASURY
31 CFR Part 0
RIN 1505-AB89
Department of the Treasury Employee Rules of Conduct
AGENCY: Department of the Treasury.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Department of the Treasury (the ``Department'' or
``Treasury'') publishes this final rule to update its Employee Rules of
Conduct, which prescribe uniform rules of conduct and procedure for all
employees and officials in the Department.
DATES: Effective October 11, 2017.
FOR FURTHER INFORMATION CONTACT: Brian Sonfield, Deputy Assistant
General Counsel, General Law and Regulation, (202) 622-9804.
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. On February 19, 2016, Treasury
published in the Federal Register an interim final rule 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. The interim final rule also amended the Rules of
Conduct to remove provisions
[[Page 47106]]
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, the interim final rule amended the
Rules of Conduct to ensure the efficient functioning of the Department
and to conform to changes in the law or Department policy.
The interim final rule went into effect on February 19, 2016. The
public comment period for the interim final rule closed on April 19,
2016. One written comment responding to the interim final rule was
received and is available for public inspection at https://www.regulations.gov or upon request. After consideration of the
comment, the interim final rule revising part 0 in its entirety is
adopted as amended by this final rule.
II. Public Comment and Summary of Changes From the Interim Final Rules
Section 0.216 of the interim final rule states: ``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.'' The commenter expressed concern that
this language has the potential to interfere with the right of an
employee representative under the Federal Labor Management Relations
Statute, 5 U.S.C. 7101, et seq., to communicate with Congress and to
educate its members about legislative proposals. The commenter also
observed that interim final rule section 0.216 could impermissibly
chill communications between union leaders and bargaining unit
employees about such proposals.
Treasury recognizes that it has a duty to bargain with the
representatives of its employees over proposals to permit the use of
official time for such representatives to lobby Congress regarding
matters affecting conditions of employment. See AFGE and U.S. Dep't of
Labor, 61 F.L.R.A. 209, 216 (2005). Section 0.216 was not intended to
preclude such bargaining. In order to clarify Treasury's intent,
section 0.216 has been revised to reflect that the use of government
time, to petition a Member of Congress to favor or oppose any
legislation or proposed legislation, is not prohibited where permitted
by a collective bargaining agreement. Accordingly, the following
additional sentence has been added to the end of section 0.216: ``This
section does not prohibit the use of government time by union
representatives to petition a Member of Congress to favor or oppose any
legislation or proposed legislation, where permitted by the terms of a
collective bargaining agreement.''
Treasury disagrees that section 0.216 can reasonably be construed
to limit all communications between union leaders and bargaining unit
employees about legislative proposals, including those that would
educate union members about legislative proposals affecting their
government employment. The rule prohibits only the use of government
time, money, or property for communications encouraging others to
petition a Member of Congress to favor or oppose any legislation or
proposed legislation. Such a prohibition does not interfere with any
employee right.
Although not the subject of a public comment, Treasury has also
made a clarifying change to section 0.215. That section of the interim
final rule provided: ``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'' (emphasis added). This wording could be construed to
preclude ad hoc authorizations to record where doing so is not part of
an employee's official duties. That was not Treasury's intention, and
the section has therefore been changed to substitute the phrase ``where
authorized'' for the phrase ``where doing so is part of the employee's
official duties.''
III. Matters of Regulatory Procedure
Regulatory Flexibility Act
Because, as explained at 81 FR 8402 (Feb. 19, 2016), no notice of
proposed rulemaking was 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.
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 rule, this final 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.
List of Subjects in 31 CFR Part 0
Government employees.
For reasons set forth in the preamble, the interim rule published
February 19, 2016, at 81 FR 8402, is adopted as final with the
following changes:
PART 0--DEPARTMENT OF THE TREASURY EMPLOYEE RULES OF CONDUCT
0
1. The authority citation for part 0 continues to read as follows:
Authority: 5 U.S.C. 301.
0
2. Revise Sec. 0.215 to read as follows:
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 authorized.
0
3. Revise Sec. 0.216 to read as follows:
[[Page 47107]]
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. This section
does not prohibit the use of government time by union representatives
to petition a Member of Congress to favor or oppose any legislation or
proposed legislation, where permitted by the terms of a collective
bargaining agreement.
Dated: October 4, 2017.
Kody H. Kinsley,
Assistant Secretary for Management.
[FR Doc. 2017-21906 Filed 10-10-17; 8:45 am]
BILLING CODE 4810-25-P