Supplemental Standards of Ethical Conduct, 50319-50321 [2017-23576]
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Federal Register / Vol. 82, No. 209 / Tuesday, October 31, 2017 / Rules and Regulations
List of Subjects in 33 CFR Part 165
POSTAL REGULATORY COMMISSION
Marine safety, Navigation (water),
Reporting and recordkeeping
requirements, Security measures,
Waterways.
39 CFR Part 3000
[Docket No. RM2017–4; Order No. 4178]
Supplemental Standards of Ethical
Conduct
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
Postal Regulatory Commission.
ACTION: Final rule.
AGENCY:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
■
Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 0170.1.
2. Add § 165.T08–0891 to read as
follows:
■
§ 165.T08–0891 Safety Zone: Monongahela
River, Monongahela, PA.
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(a) Location. The following area is a
safety zone: All navigable waters of the
Monongahela River from mile marker
(MM) 31.5 to MM 32.5.
(b) Effective date. This rule is effective
from 8:30 p.m. through 10:30 p.m. on
November 17, 2017.
(c) Regulations. (1) In accordance with
the general regulations in § 165.23, entry
into this zone is prohibited unless
authorized by the Captain of the Port
Marine Safety Unit Pittsburgh (COTP) or
a designated representative.
(2) Persons or vessels requiring entry
into or passage through the zone must
request permission from the COTP or a
designated representative. The
designated representative may be
contacted at 412–221–0807.
(3) All persons and vessels shall
comply with the instructions of the
COTP or a designated representative.
Designated representatives include
United States Coast Guard
commissioned, warrant, and petty
officers.
(d) Information broadcasts. The
Captain COTP or a designated
representative will inform the public
through broadcast notices to mariners of
the enforcement period for the safety
zone as well as any changes in the
planned schedule.
Dated: October 26, 2017.
L. McClain, Jr.,
Commander, Captain of the Port, U.S. Coast
Guard.
[FR Doc. 2017–23652 Filed 10–30–17; 8:45 am]
BILLING CODE 9110–04–P
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The Commission revises its
existing ethics rules to replace those
duplicative rules with rules that reflect
the Commission’s current regulatory
role under the Postal Accountability and
Enhancement Act.
DATES: Effective date: November 30,
2017.
FOR FURTHER INFORMATION CONTACT:
David A. Trissell, General Counsel, at
202–789–6820.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Table of Contents
I. Introduction
II. Background
III. Comments
IV. Commission Analysis
V. Ordering Paragraphs
I. Introduction
On May 24, 2017, the Postal
Regulatory Commission (Commission)
issued a notice of proposed rulemaking
to amend the Commission’s ethics rules,
39 CFR subpart A of part 3000.1 On the
same day, with the concurrence of the
Office of Government Ethics (OGE), the
Commission also issued a notice of
proposed rulemaking to amend the
supplemental standards of ethical
conduct, 5 CFR part 5601, applicable to
Commission employees.2
Executive branch employees are
subject to multiple federal ethics laws,
regulations issued by OGE, and
executive orders. Because existing 39
CFR subpart A of part 3000 contains
several rules that are duplicative of
rules contained in 5 CFR part 2638 and
5 CFR part 5601, as amended, the
Commission will revise existing 39 CFR
subpart A of part 3000. The Commission
will replace those duplicative rules with
rules that reflect the Commission’s
current regulatory role under the Postal
Accountability and Enhancement Act
(PAEA), Public Law 109–435, 120 Stat.
1 82 FR 23766 (May 24, 2017). The Commission
posted this document on its Web site on May 19,
2017. Notice of Proposed Rulemaking on
Amendments to Ethics Rules, May 19, 2017 (Order
No. 3907).
2 82 FR 23758 (May 24, 2017). The Commission
posted this document on its Web site on May 19,
2017. Order No. 3906, Notice of Proposed
Rulemaking on Amendments to Supplemental
Standards of Ethical Conduct for Employees of the
Postal Regulatory Commission, May 19, 2017.
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50319
3198 (2006). The revised rules will treat
employees’ and former employees’
interactions with the Postal Service
substantially the same as if those
interactions were with entities that are
not part of the federal government.
II. Background
The ethics rules contained in 39 CFR
subpart A of part 3000 were adopted in
a 1971 rulemaking, in which the Civil
Service Commission promulgated
employee conduct regulations on the
Commission’s behalf. 36 FR 5412 (Mar.
23, 1971). In 1993, the Commission
collaborated with OGE to revise the
Commission’s ethics rules in 39 CFR
subpart A of part 3000. 58 FR 42873,
42874 (Aug. 12, 1993). The Commission
amended the ethics rules in 2001 to
eliminate a redundant provision. 66 FR
32544, 32545 (Jun. 15, 2001).
In 2006, the PAEA changed the
agency’s name from the Postal Rate
Commission to the Postal Regulatory
Commission and made several changes
to the Commission’s regulatory role. In
2007, the Commission amended its
ethics rules to correct the statutory
authority and the agency’s name, both of
which were changed by the PAEA. 72
FR 33164, 33165 (Jun. 15, 2007). In
2016, the Commission amended its
ethics rules to redesignate the
numbering to be consistent with the
Federal Register Document Drafting
Handbook and to correct the listed
authority. 81 FR 42534, 42540 (Jun. 30,
2016). Neither amendment modernized
the Commission’s ethics rules to reflect
the PAEA’s enhancements to the
Commission’s responsibilities.
Because the ethics rules in existing 39
CFR subpart A of part 3000 are
redundant to rules contained in title 5
of the Code of Federal Regulations, the
Commission undertook this rulemaking
to streamline its regulations. Order No.
3907 at 4–5. Further, the PAEA’s
changes to the Commission’s
responsibilities drive the need to
modernize the ethics rules to ensure
that consistent rules will apply to
employees’ and former employees’
interactions with entities outside the
federal government and with the Postal
Service.
III. Comments
The Commission received two sets of
comments pertaining to the proposed
revisions to the supplemental standards
of ethical conduct and the
Commission’s ethics rules.
Sum Comments. The Commission
received the following comment
through the www.federalregister.gov
Web site: ‘‘Any deletion of ethical
conduct would not be in the best
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interest of the American people due to
transparency.’’ 3
PR Comments. The Public
Representative supports the proposed
revisions.4 He deems it ‘‘critical that the
Commission’s ethics rules accurately
reflect its role as a regulator and are
reflective of the agency’s procedures.’’
PR Comments at 2. He concludes that
the proposed revisions serve the public
interest, reinforce public perception of
the Commission’s integrity, and increase
accessibility and transparency. Id. He
states that ‘‘the Commission’s judgment
that the standards applied to private
firms should apply to the Postal Service
is reasonable.’’ Id. at 2–3. He also states
that the proposed revisions help to
‘‘maintain the public’s confidence that
Commission staff are fulfilling their
roles impartially.’’ Id. at 2.
He observes that the proposed
deletions are primarily editorial
revisions made to delete duplicative and
outdated sections. Id. at 3. He notes that
the proposed deletions will not limit the
ethical obligations of Commission
employees. Id.
IV. Commission Analysis
Neither commenter suggested changes
to the proposed rules. The Public
Representative supports the proposed
rules. Id. at 2–3. In response to the
concern expressed in the Sum
Comments, the Commission reiterates
its commitment to upholding the
highest ethical standards. As executive
branch employees, Commission
employees remain subject to several
statutes governing conflicts of interests
(see, e.g., 18 U.S.C. 201–219); the
standards of ethical conduct appearing
in Executive Order 12674, as amended
by Executive Order 12731; 5 and
regulations promulgated by OGE
relating to several issues, including
financial disclosure, the standards of
ethical conduct, and post-employment
conflicts of interest (see, e.g., 5 CFR
parts 2634, 2635, and 2641).
Commission employees are also subject
to the supplemental standards of ethical
conduct, 5 CFR part 5601, which are
also being revised to reflect the
Commission’s modern regulatory role
under the PAEA and to remove
duplicative and outdated provisions.6
Existing subpart A
of part 3000
Description of the existing rule
§ 3000.5 .................
Cross-reference to employee ethical conduct standards and
financial disclosure regulations.
Memorializing the duties of the Designated Agency Ethics
Official (DAEO) for the Commission.
Memorializing the prohibition against financial conflicts of interest.
Prohibited outside employment, prior approval to engage in
outside employment, and disqualification when seeking
non-federal employment.
§ 3000.10 ...............
§ 3000.15 ...............
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§ 3000.20 ...............
The regulations at issue in this Order,
the ethics rules applicable to
Commission employees only, concern
restrictions imposed upon Commission
employees in addition to these laws and
standards. The proposed revisions
remain consistent with these laws and
do not abrogate their application in any
way. Streamlining the Commission’s
ethics rules supports OGE’s mission to
establish a single, comprehensive, and
clear set of executive branch standards
of ethical conduct in accordance with
Executive Order 12731. The proposed
revisions will not lead to any reduction
in the ethical obligations of Commission
employees. Ultimately, the proposed
revisions will enhance the
Commission’s adherence to ethical
conduct by more accurately reflecting
the Commission’s modern regulatory
role under the PAEA.
Specifically, the Commission deletes
the four rules in existing 39 CFR subpart
A of part 3000, which are redundant to
provisions contained in title 5 of the
Code of Federal Regulations, as
displayed in the following table:
Duplicative provision contained in title 5
5 CFR 5601.101(a), as amended by Order No. 4177.
5 CFR part 2638.
5 CFR 5601.102, as amended by Order No. 4177.
5 CFR 5601.104(a) and (b) and 5601.103(a), as amended
by Order No. 4177.
Further, as detailed in Order No.
3907, the Commission issues
replacement rules that will improve
transparency and the ability of
Commission employees to adhere to the
highest ethical standards. Specifically,
these rules treat employees’ and former
employees’ interactions with the Postal
Service substantially the same as if
those interactions were with entities
that are not part of the federal
government. As noted by the Public
Representative, this will serve the
public interest and reinforce public
perception of the Commission’s
integrity with respect to the oversight of
the Postal Service. See PR Comments
at 2.
The Commission makes two editorial
revisions. First, the Commission
corrects the format of the crossreferences to title 5 of the Code of
Federal Regulations in proposed
§§ 3000.10 and 3000.15.
Second, the Commission clarifies the
text of proposed § 3000.10(a), relating to
the obligation of Commission employees
seeking employment with the Postal
Service to provide written notice of
disqualification to the DAEO. The
Commission adds a cross-reference to
reflect that this obligation supplements
the requirement that Commission
employees seeking non-federal
employment provide written notice of
disqualification to the DAEO. Also, the
Commission adds a procedural sentence
memorializing that the DAEO will
inform the employee and the
employee’s supervisor in writing of each
matter from which the employee is
disqualified from participating. This
clarifying revision will better ensure
that the employee is disqualified from
all applicable matters. For these reasons
and those reasons detailed in Order No.
3907, the Commission adopts the
proposed rules without substantial
changes.
3 Comment Received from Beth Sum, June 19,
2017 (Sum Comments). For transparency, this
comment was posted to the Commission’s Web site
and associated with this docket.
4 Public Representative Comments on Notices of
Proposed Rulemaking on Amendments to Ethics
Rules and Amendments to Supplemental Standards
of Ethical Conduct for Employees of the Postal
Regulatory Commission, June 26, 2017 (PR
Comments). The Public Representative also filed a
motion for late acceptance of his comments. Motion
of Public Representative for Late Acceptance of
Comments, June 26, 2017 (Motion). The Motion is
granted.
5 See Executive Order No. 12674, 54 FR 15159
(Apr. 12, 1989); Executive Order No. 12731, 55 FR
42547 (Oct. 17, 1990).
6 Order No. 4177, Order Amending Supplemental
Standards of Ethical Conduct for Employees of the
Postal Regulatory Commission, October 25, 2017.
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V. Ordering Paragraphs
It is ordered:
1. Subpart A of part 3000 of title 39,
Code of Federal Regulations, is
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amended as set forth below the
signature of this Order effective 30 days
after the date of publication of this
Order in the Federal Register.
2. The Secretary shall arrange for
publication of this order in the Federal
Register.
List of Subjects in 39 CFR Part 3000
Conflict of interests.
By the Commission.
Stacy L. Ruble,
Secretary.
For the reasons discussed in the
preamble, the Commission amends
chapter III of title 39 of the Code of
Federal Regulations as follows:
CHAPTER III—POSTAL REGULATORY
COMMISSION
1. Under the authority of 39 U.S.C.
503, remove the heading of subchapter
A.
■
PART 3000—STANDARDS OF
CONDUCT
2. The authority citation for part 3000
continues to read as follows:
■
Authority: 39 U.S.C. 503; 504, 3603; E.O.
12674; 54 FR 15159; 3 CFR,1989 Comp., p.
215, as modified by E.O. 12731, 56 FR 42547,
3 CFR, 1990 Comp., p. 396, 5 CFR parts 2634
and 2635.
with any proceeding or matter before
the Commission that was under the
official responsibility of such
individual, as defined in 18 U.S.C.
202(b), while in the service of the
Commission.
§ 3000.10 Additional required notification
of disqualification when seeking
employment.
(a) Notwithstanding 5 CFR
2635.603(a), an employee that seeks
employment with the Postal Service
must provide written notice of
disqualification to the Designated
Agency Ethics Official (DAEO)
consistent with 5 CFR 5601.103(a). The
DAEO will inform the employee and the
employee’s supervisor in writing of each
matter from which the employee is
disqualified from participating.
(b) An employee may withdraw
written notice under paragraph (a) of
this section consistent with 5 CFR
5601.103(b).
§ 3000.15 Additional limitation on
acceptance of anything of value.
Regardless of 5 CFR 2635.203(b)(7), a
Commission employee may not accept a
gift from the Postal Service, unless
another exception or exclusion to 5 CFR
2635.203 applies or a waiver is granted
by the DAEO.
3. Revise subpart A of part 3000 to
read as follows:
§ 3000.20
Subpart A—General Provisions
BILLING CODE 7710–FW–P
■
[FR Doc. 2017–23576 Filed 10–30–17; 8:45 am]
Sec.
3000.5 Post-employment restrictions.
3000.10 Additional required notification of
disqualification when seeking
employment.
3000.15 Additional restriction on
acceptance of anything of value.
3000.20 [Reserved]
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§ 3000.5
Post-employment restrictions.
All former employees of the Postal
Regulatory Commission (Commission)
are subject to the following restrictions
on appearance and practice before the
Commission on behalf of any
participant, including the United States
Postal Service (Postal Service):
(a) No former employee of the
Commission may practice or act as an
attorney, expert witness, or
representative in connection with any
proceeding or matter before the
Commission that the former employee
has handled, advised, or participated in
the consideration of while in the service
of the Commission.
(b) No former employee of the
Commission may within 1 year after his
or her employment has ceased, practice
before or act as an attorney, expert
witness, or representative in connection
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15:53 Oct 30, 2017
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[Reserved]
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 61
[WC Docket Nos. 16–143, 05–25, GN Docket
No. 13–5, RM–10593; FCC 17–43]
Business Data Services in an Internet
Protocol Environment; Technology
Transitions; Special Access for Price
Cap Local Exchange Carriers; AT&T
Corporation Petition for Rulemaking
Federal Communications
Commission.
ACTION: Final rule; announcement of
effective date.
AGENCY:
In this document, the
Commission announces that the Office
of Management and Budget (OMB) has
approved, for a period of three years, an
information collection associated with
the Commission’s Business Data
Services Report and Order, FCC 17–43,
which, among other things, adopted an
X-factor of two percent and required
price cap ILECs to make a one-time
filing to revise their Tariff Review Plans
SUMMARY:
PO 00000
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50321
(TRPs) to implement the new X-factor to
become effective on December 1, 2017.
In particular, the Commission amended
its rules to state that the X-factor shall
equal 2 percent effective December 1,
2017. This document is consistent with
the Order, which stated that the
Commission would publish a document
in the Federal Register announcing the
effective date of this rule.
DATES: The amendment to 47 CFR
61.45(b)(1)(iv), published at June 2,
2017, 82 FR 25660, is effective October
31, 2017.
FOR FURTHER INFORMATION CONTACT:
William Kehoe, Pricing Policy Division,
Wireline Competition Bureau, at (202)
418–7122, or email: william.kehoe@
fcc.gov.
SUPPLEMENTARY INFORMATION: This
document announces that, on October
13, 2017, OMB approved, for a period of
three years, the information collection
requirement relating to § 61.45(b)(1)(iv)
of the Commission’s rules, as contained
in the Commission’s Business Data
Services Report and Order, FCC 17–43,
published at 82 FR 25660, June 2, 2017.
The OMB Control Number is 3060–
0400. The Commission publishes this
document as an announcement of the
effective date of the rules. If you have
any comments on the burden estimates
listed below, or how the Commission
can improve the collections and reduce
any burdens caused thereby, please
contact Nicole Ongele, Federal
Communications Commission, Room
1–A620, 445 12th Street SW.,
Washington, DC 20554. Please include
the OMB Control Number, 3060–0400,
in your correspondence. The
Commission will also accept your
comments via email at PRA@fcc.gov.
To request materials in accessible
formats for people with disabilities
(Braille, large print, electronic files,
audio format), send an email to fcc504@
fcc.gov or call the Consumer and
Governmental Affairs Bureau at (202)
418–0530 (voice), (202) 418–0432
(TTY).
Synopsis
As required by the Paperwork
Reduction Act of 1995 (44 U.S.C. 3507),
the FCC is notifying the public that it
received final OMB approval on October
13, 2017, for the information collection
requirements contained in the
modifications to the Commission’s rules
in 47 CFR part 61. Under 5 CFR part
1320, an agency may not conduct or
sponsor a collection of information
unless it displays a current, valid OMB
Control Number.
No person shall be subject to any
penalty for failing to comply with a
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]]>Agencies
[Federal Register Volume 82, Number 209 (Tuesday, October 31, 2017)]
[Rules and Regulations]
[Pages 50319-50321]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-23576]
=======================================================================
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POSTAL REGULATORY COMMISSION
39 CFR Part 3000
[Docket No. RM2017-4; Order No. 4178]
Supplemental Standards of Ethical Conduct
AGENCY: Postal Regulatory Commission.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Commission revises its existing ethics rules to replace
those duplicative rules with rules that reflect the Commission's
current regulatory role under the Postal Accountability and Enhancement
Act.
DATES: Effective date: November 30, 2017.
FOR FURTHER INFORMATION CONTACT: David A. Trissell, General Counsel, at
202-789-6820.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Introduction
II. Background
III. Comments
IV. Commission Analysis
V. Ordering Paragraphs
I. Introduction
On May 24, 2017, the Postal Regulatory Commission (Commission)
issued a notice of proposed rulemaking to amend the Commission's ethics
rules, 39 CFR subpart A of part 3000.\1\ On the same day, with the
concurrence of the Office of Government Ethics (OGE), the Commission
also issued a notice of proposed rulemaking to amend the supplemental
standards of ethical conduct, 5 CFR part 5601, applicable to Commission
employees.\2\
---------------------------------------------------------------------------
\1\ 82 FR 23766 (May 24, 2017). The Commission posted this
document on its Web site on May 19, 2017. Notice of Proposed
Rulemaking on Amendments to Ethics Rules, May 19, 2017 (Order No.
3907).
\2\ 82 FR 23758 (May 24, 2017). The Commission posted this
document on its Web site on May 19, 2017. Order No. 3906, Notice of
Proposed Rulemaking on Amendments to Supplemental Standards of
Ethical Conduct for Employees of the Postal Regulatory Commission,
May 19, 2017.
---------------------------------------------------------------------------
Executive branch employees are subject to multiple federal ethics
laws, regulations issued by OGE, and executive orders. Because existing
39 CFR subpart A of part 3000 contains several rules that are
duplicative of rules contained in 5 CFR part 2638 and 5 CFR part 5601,
as amended, the Commission will revise existing 39 CFR subpart A of
part 3000. The Commission will replace those duplicative rules with
rules that reflect the Commission's current regulatory role under the
Postal Accountability and Enhancement Act (PAEA), Public Law 109-435,
120 Stat. 3198 (2006). The revised rules will treat employees' and
former employees' interactions with the Postal Service substantially
the same as if those interactions were with entities that are not part
of the federal government.
II. Background
The ethics rules contained in 39 CFR subpart A of part 3000 were
adopted in a 1971 rulemaking, in which the Civil Service Commission
promulgated employee conduct regulations on the Commission's behalf. 36
FR 5412 (Mar. 23, 1971). In 1993, the Commission collaborated with OGE
to revise the Commission's ethics rules in 39 CFR subpart A of part
3000. 58 FR 42873, 42874 (Aug. 12, 1993). The Commission amended the
ethics rules in 2001 to eliminate a redundant provision. 66 FR 32544,
32545 (Jun. 15, 2001).
In 2006, the PAEA changed the agency's name from the Postal Rate
Commission to the Postal Regulatory Commission and made several changes
to the Commission's regulatory role. In 2007, the Commission amended
its ethics rules to correct the statutory authority and the agency's
name, both of which were changed by the PAEA. 72 FR 33164, 33165 (Jun.
15, 2007). In 2016, the Commission amended its ethics rules to
redesignate the numbering to be consistent with the Federal Register
Document Drafting Handbook and to correct the listed authority. 81 FR
42534, 42540 (Jun. 30, 2016). Neither amendment modernized the
Commission's ethics rules to reflect the PAEA's enhancements to the
Commission's responsibilities.
Because the ethics rules in existing 39 CFR subpart A of part 3000
are redundant to rules contained in title 5 of the Code of Federal
Regulations, the Commission undertook this rulemaking to streamline its
regulations. Order No. 3907 at 4-5. Further, the PAEA's changes to the
Commission's responsibilities drive the need to modernize the ethics
rules to ensure that consistent rules will apply to employees' and
former employees' interactions with entities outside the federal
government and with the Postal Service.
III. Comments
The Commission received two sets of comments pertaining to the
proposed revisions to the supplemental standards of ethical conduct and
the Commission's ethics rules.
Sum Comments. The Commission received the following comment through
the www.federalregister.gov Web site: ``Any deletion of ethical conduct
would not be in the best
[[Page 50320]]
interest of the American people due to transparency.'' \3\
---------------------------------------------------------------------------
\3\ Comment Received from Beth Sum, June 19, 2017 (Sum
Comments). For transparency, this comment was posted to the
Commission's Web site and associated with this docket.
---------------------------------------------------------------------------
PR Comments. The Public Representative supports the proposed
revisions.\4\ He deems it ``critical that the Commission's ethics rules
accurately reflect its role as a regulator and are reflective of the
agency's procedures.'' PR Comments at 2. He concludes that the proposed
revisions serve the public interest, reinforce public perception of the
Commission's integrity, and increase accessibility and transparency.
Id. He states that ``the Commission's judgment that the standards
applied to private firms should apply to the Postal Service is
reasonable.'' Id. at 2-3. He also states that the proposed revisions
help to ``maintain the public's confidence that Commission staff are
fulfilling their roles impartially.'' Id. at 2.
---------------------------------------------------------------------------
\4\ Public Representative Comments on Notices of Proposed
Rulemaking on Amendments to Ethics Rules and Amendments to
Supplemental Standards of Ethical Conduct for Employees of the
Postal Regulatory Commission, June 26, 2017 (PR Comments). The
Public Representative also filed a motion for late acceptance of his
comments. Motion of Public Representative for Late Acceptance of
Comments, June 26, 2017 (Motion). The Motion is granted.
---------------------------------------------------------------------------
He observes that the proposed deletions are primarily editorial
revisions made to delete duplicative and outdated sections. Id. at 3.
He notes that the proposed deletions will not limit the ethical
obligations of Commission employees. Id.
IV. Commission Analysis
Neither commenter suggested changes to the proposed rules. The
Public Representative supports the proposed rules. Id. at 2-3. In
response to the concern expressed in the Sum Comments, the Commission
reiterates its commitment to upholding the highest ethical standards.
As executive branch employees, Commission employees remain subject to
several statutes governing conflicts of interests (see, e.g., 18 U.S.C.
201-219); the standards of ethical conduct appearing in Executive Order
12674, as amended by Executive Order 12731; \5\ and regulations
promulgated by OGE relating to several issues, including financial
disclosure, the standards of ethical conduct, and post-employment
conflicts of interest (see, e.g., 5 CFR parts 2634, 2635, and 2641).
Commission employees are also subject to the supplemental standards of
ethical conduct, 5 CFR part 5601, which are also being revised to
reflect the Commission's modern regulatory role under the PAEA and to
remove duplicative and outdated provisions.\6\ The regulations at issue
in this Order, the ethics rules applicable to Commission employees
only, concern restrictions imposed upon Commission employees in
addition to these laws and standards. The proposed revisions remain
consistent with these laws and do not abrogate their application in any
way. Streamlining the Commission's ethics rules supports OGE's mission
to establish a single, comprehensive, and clear set of executive branch
standards of ethical conduct in accordance with Executive Order 12731.
The proposed revisions will not lead to any reduction in the ethical
obligations of Commission employees. Ultimately, the proposed revisions
will enhance the Commission's adherence to ethical conduct by more
accurately reflecting the Commission's modern regulatory role under the
PAEA.
---------------------------------------------------------------------------
\5\ See Executive Order No. 12674, 54 FR 15159 (Apr. 12, 1989);
Executive Order No. 12731, 55 FR 42547 (Oct. 17, 1990).
\6\ Order No. 4177, Order Amending Supplemental Standards of
Ethical Conduct for Employees of the Postal Regulatory Commission,
October 25, 2017.
---------------------------------------------------------------------------
Specifically, the Commission deletes the four rules in existing 39
CFR subpart A of part 3000, which are redundant to provisions contained
in title 5 of the Code of Federal Regulations, as displayed in the
following table:
------------------------------------------------------------------------
Existing subpart A of Description of the Duplicative provision
part 3000 existing rule contained in title 5
------------------------------------------------------------------------
Sec. 3000.5............ Cross-reference to 5 CFR 5601.101(a), as
employee ethical amended by Order No.
conduct standards and 4177.
financial disclosure
regulations.
Sec. 3000.10........... Memorializing the 5 CFR part 2638.
duties of the
Designated Agency
Ethics Official
(DAEO) for the
Commission.
Sec. 3000.15........... Memorializing the 5 CFR 5601.102, as
prohibition against amended by Order No.
financial conflicts 4177.
of interest.
Sec. 3000.20........... Prohibited outside 5 CFR 5601.104(a) and
employment, prior (b) and 5601.103(a),
approval to engage in as amended by Order
outside employment, No. 4177.
and disqualification
when seeking non-
federal employment.
------------------------------------------------------------------------
Further, as detailed in Order No. 3907, the Commission issues
replacement rules that will improve transparency and the ability of
Commission employees to adhere to the highest ethical standards.
Specifically, these rules treat employees' and former employees'
interactions with the Postal Service substantially the same as if those
interactions were with entities that are not part of the federal
government. As noted by the Public Representative, this will serve the
public interest and reinforce public perception of the Commission's
integrity with respect to the oversight of the Postal Service. See PR
Comments at 2.
The Commission makes two editorial revisions. First, the Commission
corrects the format of the cross-references to title 5 of the Code of
Federal Regulations in proposed Sec. Sec. 3000.10 and 3000.15.
Second, the Commission clarifies the text of proposed Sec.
3000.10(a), relating to the obligation of Commission employees seeking
employment with the Postal Service to provide written notice of
disqualification to the DAEO. The Commission adds a cross-reference to
reflect that this obligation supplements the requirement that
Commission employees seeking non-federal employment provide written
notice of disqualification to the DAEO. Also, the Commission adds a
procedural sentence memorializing that the DAEO will inform the
employee and the employee's supervisor in writing of each matter from
which the employee is disqualified from participating. This clarifying
revision will better ensure that the employee is disqualified from all
applicable matters. For these reasons and those reasons detailed in
Order No. 3907, the Commission adopts the proposed rules without
substantial changes.
V. Ordering Paragraphs
It is ordered:
1. Subpart A of part 3000 of title 39, Code of Federal Regulations,
is
[[Page 50321]]
amended as set forth below the signature of this Order effective 30
days after the date of publication of this Order in the Federal
Register.
2. The Secretary shall arrange for publication of this order in the
Federal Register.
List of Subjects in 39 CFR Part 3000
Conflict of interests.
By the Commission.
Stacy L. Ruble,
Secretary.
For the reasons discussed in the preamble, the Commission amends
chapter III of title 39 of the Code of Federal Regulations as follows:
CHAPTER III--POSTAL REGULATORY COMMISSION
0
1. Under the authority of 39 U.S.C. 503, remove the heading of
subchapter A.
PART 3000--STANDARDS OF CONDUCT
0
2. The authority citation for part 3000 continues to read as follows:
Authority: 39 U.S.C. 503; 504, 3603; E.O. 12674; 54 FR 15159; 3
CFR,1989 Comp., p. 215, as modified by E.O. 12731, 56 FR 42547, 3
CFR, 1990 Comp., p. 396, 5 CFR parts 2634 and 2635.
0
3. Revise subpart A of part 3000 to read as follows:
Subpart A--General Provisions
Sec.
3000.5 Post-employment restrictions.
3000.10 Additional required notification of disqualification when
seeking employment.
3000.15 Additional restriction on acceptance of anything of value.
3000.20 [Reserved]
Sec. 3000.5 Post-employment restrictions.
All former employees of the Postal Regulatory Commission
(Commission) are subject to the following restrictions on appearance
and practice before the Commission on behalf of any participant,
including the United States Postal Service (Postal Service):
(a) No former employee of the Commission may practice or act as an
attorney, expert witness, or representative in connection with any
proceeding or matter before the Commission that the former employee has
handled, advised, or participated in the consideration of while in the
service of the Commission.
(b) No former employee of the Commission may within 1 year after
his or her employment has ceased, practice before or act as an
attorney, expert witness, or representative in connection with any
proceeding or matter before the Commission that was under the official
responsibility of such individual, as defined in 18 U.S.C. 202(b),
while in the service of the Commission.
Sec. 3000.10 Additional required notification of disqualification
when seeking employment.
(a) Notwithstanding 5 CFR 2635.603(a), an employee that seeks
employment with the Postal Service must provide written notice of
disqualification to the Designated Agency Ethics Official (DAEO)
consistent with 5 CFR 5601.103(a). The DAEO will inform the employee
and the employee's supervisor in writing of each matter from which the
employee is disqualified from participating.
(b) An employee may withdraw written notice under paragraph (a) of
this section consistent with 5 CFR 5601.103(b).
Sec. 3000.15 Additional limitation on acceptance of anything of
value.
Regardless of 5 CFR 2635.203(b)(7), a Commission employee may not
accept a gift from the Postal Service, unless another exception or
exclusion to 5 CFR 2635.203 applies or a waiver is granted by the DAEO.
Sec. 3000.20 [Reserved]
[FR Doc. 2017-23576 Filed 10-30-17; 8:45 am]
BILLING CODE 7710-FW-P
