Federal Register / Vol. 82, No. 195 / Wednesday, October 11, 2017 / Rules and Regulations 47105 

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replaces the outdated term ‘‘Airport/ 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. 

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 

that warrant preparation of an 

environmental assessment. 

Lists of Subjects in 14 CFR Part 71 

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] 

■ 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. 

Paragraph 6002 Class E Airspace 

Designated as Surface Areas. 

* * * * * 

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 

extending from the 4.3-mile radius to 8 miles 

west of the airport. 

Paragraph 6005 Class E Airspace Areas 

Extending Upward From 700 Feet or More 

Above the Surface of the Earth. 

* * * * * 

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 

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 


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47106 Federal Register / Vol. 82, No. 195 / Wednesday, October 11, 2017 / Rules and Regulations 

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 http:// 

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 

■ 1. The authority citation for part 0 

continues to read as follows: 

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 47107 

§ 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 

AGENCY: Department of the Treasury. 

ACTION: Final rule. 

SUMMARY: 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: 

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 

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 

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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