This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

52287 

Vol. 76, No. 162 

Monday, August 22, 2011 

OFFICE OF PERSONNEL 

MANAGEMENT 

5 CFR PART 733 

RIN 3206–AM44 

Political Activity—Federal Employees 

Residing In Designated Localities 

AGENCY: Office of Personnel 

Management. 

ACTION: Proposed rule. 

SUMMARY: OPM proposes to amend its 

regulations at 5 CFR part 733 by 

granting Federal employees residing in 

King George County, Virginia, a partial 

exemption from the political activity 

restrictions specified in 5 U.S.C. 

7323(a)(2) and (3), and adding King 

George County to its regulatory list of 

designated localities in 5 CFR 

733.107(c). The proposed amendment 

reflects OPM’s determination that King 

George County meets the criteria in 5 

U.S.C. 7325 and 5 CFR 733.107(a) for a 

partial exemption to issue. 

DATES: Written comments must be 

received on or before October 21, 2011. 

ADDRESSES: Comments may be mailed to 

Elaine Kaplan, General Counsel, Room 

7355, United States Office of Personnel 

Management, 1900 E Street, NW., 

Washington, DC 20415. 

FOR FURTHER INFORMATION CONTACT: JoAnn Chabot, Office of the General 

Counsel, United States Office of 

Personnel Management, (202) 606–1700. 

SUPPLEMENTARY INFORMATION: The Hatch 

Act, at 5 U.S.C. 7321–7326, governs the 

political activity of Federal employees, 

and individuals employed with the 

United States Postal Service and the 

Government of the District of Columbia. 

Section 7323(a) generally permits 

Federal employees who are not 

employed in the Federal agencies or 

positions described in section 7323(b), 

as amended, to take an active part in 

partisan political campaigns. Employees 

employed in the Federal agencies or 

positions specified in 5 U.S.C. 7323(b), 

as amended, generally may participate 

in nonpartisan political activities. 

According to 5 U.S.C. 7323(a)(2) and (3), 

Federal employees may not become 

candidates for partisan political office 

and may not solicit, accept, or receive 

political contributions. Section 7325, 

however, authorizes OPM to prescribe 

regulations exempting Federal 

employees from the prohibitions in 

section 7323(a)(2) and (3) to the extent 

OPM considers it to be in their domestic 

interest. 

Under the authority of 5 U.S.C. 7325, 

OPM may issue such regulatory 

exemptions when two conditions exist 

in the municipality or political 

subdivision. One condition is met if the 

municipality or political subdivision is 

in Maryland or Virginia and is in the 

immediate vicinity of the District of 

Columbia, or if the majority of voters in 

the municipality are employed by the 

Government of the United States. The 

second condition is met if OPM 

determines that, because of special or 

unusual circumstances, the domestic 

interest of the employees is served by 

permitting their political participation 

in accordance with regulations 

prescribed by OPM. 

In regulations at 5 CFR 733.107(c) 

OPM has designated municipalities and 

political subdivisions where Federal 

employees may participate in local 

elections. At 5 CFR 733.103–733.106, 

OPM has established limitations on 

political participation by most Federal 

employees residing in these designated 

municipalities and subdivisions. Under 

5 CFR 733.103, most Federal employees 

who reside in a municipality or political 

subdivision designated by OPM may: 

(1) Run as independent candidates for 

election to partisan political office in 

elections for local office in the 

municipality or political subdivision; 

(2) Solicit, accept, or receive a 

political contribution as, or on behalf of, 

an independent candidate for partisan 

political office in elections for local 

office in the municipality or political 

subdivision; 

(3) Accept or receive a political 

contribution on behalf of an individual 

who is a candidate for local partisan 

political office and who represents a 

political party; 

(4) Solicit, accept, or receive 

uncompensated volunteer services as an 

independent candidate, or on behalf of 

an independent candidate, for local 

partisan political office, in connection 

with the local elections of the 

municipality or subdivision; and 

(5) Solicit, accept, or receive 

uncompensated volunteer services on 

behalf of an individual who is a 

candidate for local partisan political 

office and who represents a political 

party. 

Under 5 CFR 733.104, however, these 

employees may not: 

(1) Run as the representative of a 

political party for local partisan political 

office; 

(2) Solicit a political contribution on 

behalf of an individual who is a 

candidate for local partisan political 

office and who represents a political 

party; 

(3) Knowingly solicit a political 

contribution from any Federal 

employee, except as permitted under 5 

U.S.C. 7323(a)(2)(A)–(C). 

(4) Accept or receive a political 

contribution from a subordinate; 

(5) Solicit, accept, or receive 

uncompensated volunteer services from 

a subordinate for any political purpose; 

(6) Participate in political activities: 

Æ While they are on duty: 

Æ While they are wearing a uniform, 

badge, or insignia that identifies the 

employing agency or instrumentality or 

the position of the employee; 

Æ While they are in any room or 

building occupied in the discharge of 

official duties by an individual 

employed or holding office in the 

Government of the United States or any 

agency or instrumentality thereof; or 

Æ While using a Government-owned 

or leased vehicle or while using a 

privately owned vehicle in the 

discharge of official duties. 

Moreover, candidacy for, and service in, 

a partisan political office shall not result 

in neglect of, or interference with, the 

performance of the duties of the 

employee or create a conflict, or 

apparent conflict, of interest. 

Sections 733.103 and 733.104 of Title 

5, Code of Federal Regulations, do not 

apply to individuals, such as career 

senior executives and employees of the 

Federal Bureau of Investigation, who are 

employed in the agencies or positions 

listed in 5 CFR 733.105(a). These 

individuals are subject to the more 

stringent limitations described in 5 CFR 

733.105 and 733.106. 

Individuals who require advice 

concerning specific political activities, 

and whether an activity is permitted or 

prohibited under 5 CFR 733.103– 

733.106, should contact the United 


jlentini on DSK4TPTVN1PROD with PROPOSALS
52288 Federal Register / Vol. 76, No. 162 / Monday, August 22, 2011 / Proposed Rules 

States Office of Special Counsel at (800) 

854–2824 or (202) 254–3650. Requests 

for Hatch Act advisory opinions may be 

made by e-mail to: hatchact@osc.gov. 

In response to requests from a Federal 

employee who resides in King George 

County, Virginia, OPM proposes to 

designate that county as one in which 

Federal employees may run for local 

partisan political office, subject to the 

limitations established by OPM, and 

accept or receive political contributions 

in connection with elections for local 

public office. This proposal reflects 

OPM’s determination that special or 

unusual circumstances exist so that it is 

in the domestic interest of Federal 

employees residing in King George 

County to participate in these political 

activities. This determination is based 

on written material provided by the 

applicant, interviews with the 

applicant, and documentary material 

obtained through independent research. 

Principal factors leading to OPM’s 

determination are the proximity of King 

George County to the District of 

Columbia, the rapid growth of the 

county within the past few years, 

significant public issues associated with 

this growth, and a significant Federal 

presence within King George County. 

A copy of this notice will be 

published in two local newspapers 

serving King George County. 

If this proposed rule is adopted, OPM 

will amend 5 CFR 733.107(c) by adding 

King George County to the list of 

designated Virginia municipalities and 

political subdivisions in which Federal 

Government employees may participate 

in elections for local partisan political 

office in accordance with the conditions 

specified in 5 CFR 733.103–733.106. 

The addition of King George County 

will be listed after Herndon, Virginia, 

and before Loudoun County, Virginia. 

E.O. 12291, Federal Regulation 

I have determined that this is not a 

major rule as defined under section 1(b) 

of E.O. 12291, Federal Regulation. 

Regulatory Flexibility Act 

I certify that this regulation will not 

have a significant economic impact on 

a substantial number of small entities 

because the changes will affect only 

employees of the Federal Government. 

List of Subjects in 5 CFR Part 733 

Political activity—Federal employees 

residing in designated localities. 

U.S. Office of Personnel Management. 

John Berry, 

Director. 

Accordingly, the Office of Personnel 

Management proposes to amend 5 CFR 

part 733 as follows: 

PART 733—POLITICAL ACTIVITY— 

FEDERAL EMPLOYEES RESIDING IN 

DESIGNATED LOCALITIES 

1. The authority citation for part 733 

continues to read as follows: 

Authority: 5 U.S.C. 7325; sec. 308 of Pub. 

L. 104–93, 109 Stat. 961, 966 (Jan. 6, 1996). 

2. Section 733.107(c) is amended by 

adding King George County, Virginia, 

alphabetically to the list of designated 

Virginia municipalities and political 

subdivisions as set forth below. 

§ 733.107 Designated localities. 

* * * * * 

(c) 

* * * 

In Virginia 

* * * 

King George County 

* * * 

[FR Doc. 2011–21392 Filed 8–19–11; 8:45 am] 

BILLING CODE 6325–48–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2011–0836; Directorate 

Identifier 2010–NE–38–AD] 

RIN 2120–AA64 

Airworthiness Directives; Rolls-Royce 

plc (RR) Trent 800 Series Turbofan 

Engines 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to adopt a new 

airworthiness directive (AD) for the 

products listed above. This proposed 

AD results from mandatory continuing 

airworthiness information (MCAI) 

issued by an aviation authority of 

another country to identify and correct 

an unsafe condition on an aviation 

product. The MCAI describes the unsafe 

condition as: 

Fuel leaks from the engine have occurred 

in-service due to damage to sections of the 

fan case Low Pressure (LP) fuel tubes which 

run between the Low Pressure and the High 

Pressure (HP) fuel pumps. This damage has 

been caused by frettage between the securing 

clips and the tube outer surface, which has 

caused localised thinning of the tube wall 

thickness. The thinning of the tube wall 

causes the tube to fracture and fuel loss to 

occur. 

We are proposing this AD to prevent 

engine fuel leaks, which could result in 

risk to the airplane. 

DATES: We must receive comments on 

this proposed AD by October 6, 2011. 

ADDRESSES: You may send comments by 

any of the following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov and follow 

the instructions for sending your 

comments electronically. 

• Mail: Docket Management Facility, 

U.S. Department of Transportation, 1200 

New Jersey Avenue, SE., West Building 

Ground Floor, Room W12–140, 

Washington, DC 20590–0001. 

• Hand Delivery: Deliver to Mail 

address above between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. 

• Fax: (202) 493–2251. 

For service information identified in 

this AD, contact Rolls-Royce plc, P.O. 

Box 31, Derby, DE24 8BJ, United 

Kingdom: telephone 44 (0) 1332 242424; 

fax 44 (0) 1332 249936. 

Examining the AD Docket 

You may examine the AD docket on 

the Internet at http:// 

www.regulations.gov; or in person at the 

Docket Operations office between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. The AD docket 

contains this proposed AD, the 

regulatory evaluation, any comments 

received, and other information. The 

street address for the Docket Operations 

office (phone (800) 647–5527) is the 

same as the Mail address provided in 

the ADDRESSES section. Comments will 

be available in the AD docket shortly 

after receipt. 

FOR FURTHER INFORMATION CONTACT: 

Alan Strom, Aerospace Engineer, Engine 

Certification Office, FAA, Engine & 

Propeller Directorate, 12 New England 

Executive Park, Burlington, MA 01803; 

e-mail: alan.strom@faa.gov; telephone 

(781) 238–7143; fax (781) 238–7199. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

We invite you to send any written 

relevant data, views, or arguments about 

this proposed AD. Send your comments 

to an address listed under the 

ADDRESSES section. Include ‘‘Docket No. 

FAA–2011–0836; Directorate Identifier 

2010–NE–38–AD’’ at the beginning of 

your comments. We specifically invite 

comments on the overall regulatory, 

economic, environmental, and energy 

aspects of this proposed AD. We will 

consider all comments received by the 

closing date and may amend this 

proposed AD based on those comments. 

We will post all comments we 

receive, without change, to http:// 

www.regulations.gov, including any 

personal information you provide. We 


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