Federal Register / Vol. 82, No. 209 / Tuesday, October 31, 2017 / Rules and Regulations 50319 

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. 

List of Subjects in 33 CFR Part 165 

Marine safety, Navigation (water), 

Reporting and recordkeeping 

requirements, Security measures, 

Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 165 as follows: 

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. 

(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 

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

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 


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50320 Federal Register / Vol. 82, No. 209 / Tuesday, October 31, 2017 / Rules and Regulations 

3Comment 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. 4Public 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. 

5See Executive Order No. 12674, 54 FR 15159 

(Apr. 12, 1989); Executive Order No. 12731, 55 FR 

42547 (Oct. 17, 1990). 

6Order No. 4177, Order Amending Supplemental 

Standards of Ethical Conduct for Employees of the 

Postal Regulatory Commission, October 25, 2017. 

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

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: 

Existing subpart A 

of part 3000 Description of the existing rule Duplicative provision contained in title 5 

§ 3000.5 ................. Cross-reference to employee ethical conduct standards and 

financial disclosure regulations.

5 CFR 5601.101(a), as amended by Order No. 4177. 

§ 3000.10 ............... Memorializing the duties of the Designated Agency Ethics 

Official (DAEO) for the Commission.

5 CFR part 2638. 

§ 3000.15 ............... Memorializing the prohibition against financial conflicts of interest.5 CFR 5601.102, as amended by Order No. 4177. 

§ 3000.20 ............... Prohibited outside employment, prior approval to engage in 

outside employment, and disqualification when seeking 

non-federal employment.

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. 

V. Ordering Paragraphs 

It is ordered: 

1. Subpart A of part 3000 of title 39, 

Code of Federal Regulations, is 


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Federal Register / Vol. 82, No. 209 / Tuesday, October 31, 2017 / Rules and Regulations 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 

■ 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. 

■ 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] 

§ 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. 

§ 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. 

§ 3000.20 [Reserved] 

[FR Doc. 2017–23576 Filed 10–30–17; 8:45 am] 

BILLING CODE 7710–FW–P 

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 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule; announcement of 

effective date. 

SUMMARY: 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 

(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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