[Federal Register Volume 73, Number 95 (Thursday, May 15, 2008)]
[Rules and Regulations]
[Pages 28025-28026]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-10774]



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 Rules and Regulations
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  Federal Register / Vol. 73, No. 95 / Thursday, May 15, 2008 / Rules 
and Regulations  

[[Page 28025]]



OFFICE OF PERSONNEL MANAGEMENT

5 CFR Part 733

RIN 3206-AL32


Political Activity--Federal Employees Residing in Designated 
Localities

AGENCY: Office of Personnel Management.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: OPM is amending its regulations at 5 CFR part 733 to grant 
Federal employees residing in Fauquier County, Virginia, a partial 
exemption from the political activity restrictions in the Hatch Act, 
and to add Fauquier County to its regulatory list of designated 
localities. The amendment reflects OPM's determination that Fauquier 
County meets the criteria in the Hatch Act and OPM regulations for a 
partial exemption to issue.

DATES: This rule is effective June 16, 2008.

FOR FURTHER INFORMATION CONTACT: Jo-Ann 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. 7323(a)(2) and 
(3), prohibits Federal employees from becoming candidates for partisan 
political office and from soliciting, accepting, or receiving political 
contributions. However, 5 U.S.C. 7325, authorizes OPM to prescribe 
regulations permitting employees in certain communities to participate 
in local elections for partisan political office without regard to the 
prohibitions in 5 U.S.C. 7323(a)(2) and (3) only if the requirements 
described in section 7325 are met. The first requirement is that the 
community or political subdivision must be located in Maryland or 
Virginia, and in the immediate vicinity of the District of Columbia. 
Alternatively, the majority of the community's registered voters must 
be employed by the United States Government. The second requirement is 
that OPM must determine that it is in the domestic interest of the 
employees to permit that political participation because of special or 
unusual circumstances existing in the community or political 
subdivision. These statutory requirements are reflected in 5 CFR 
733.107(a). Under 5 CFR part 733, the exemption from the prohibitions 
in 5 U.S.C. 7323(a)(2) and (3) is a partial exemption because in 5 CFR 
733.103-733.106, OPM has established limitations on political 
participation by most Federal employees residing in these designated 
municipalities and subdivisions.
    On July 19, 2007, OPM issued a proposed rule at 72 FR 39582 to add 
Fauquier County, Virginia, to this regulatory list of designated 
localities at 5 CFR 733.107(c). In its notice of proposed rulemaking, 
OPM noted that Fauquier County, Virginia, had fulfilled the statutory 
requirements for a partial exemption to issue and proposed the addition 
of Fauquier County to the regulatory list of designated localities. 72 
FR 39582 (July 19, 2007). OPM also placed a legal notice in The 
Fauquier Times Democrat on September 12, 2007.
    OPM received only one comment. In this comment, an individual 
identifying himself as a resident of Fauquier County stated that he 
feared interference every four years from residents who had no long 
range plans to stay in the community, or had no understanding of the 
ancestral history of the area. This individual also noted that he had 
nothing against the potential expertise of the county's Federally 
employed residents. He also stated, however, that he was ``sick of 
gerrymandering of'' the election process. OPM notes that most Federal 
civilian employees are individuals who have made a career of public 
service and reside in the same communities for many years. This 
individual, moreover, did not submit to OPM any evidence that political 
participation of Federal employees in connection with local elections 
would result in any ``gerrymandering'' of the election process, and OPM 
has not received any such evidence from any other source.
    Therefore, OPM is adding Fauquier County to its list of designated 
localities at 5 CFR 733.107(c). When this rule becomes effective, 
Federally employed residents of Fauquier County will be permitted under 
5 CFR 733.103 to participate in the following activities:

    (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 of title 5, however, Federally employed residents 
of Fauquier 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:
    [cir] While they are on duty:
    [cir] While they are wearing a uniform, badge, or insignia that 
identifies the employing agency or instrumentality or the position 
of the employee;
    [cir] 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
    [cir] 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

[[Page 28026]]

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 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: [email protected].
    Fauquier County will be listed after Falls Church, Virginia, and 
before Herndon, Virginia, at 5 CFR 733.107(c).

E.O. 12866, Regulatory Review

    This regulation has been reviewed by the Office of Management and 
Budget in accordance with E.O. 12866.

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 activities (Government employees).

Office of Personnel Management.
Linda M. Springer,
Director.

0
Accordingly, the Office of Personnel Management amends 5 CFR Part 733 
as follows:

PART 733--POLITICAL ACTIVITY--FEDERAL EMPLOYEES RESIDING IN 
DESIGNATED LOCALITIES

0
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).


0
2. Section 733.107(c) is amended by adding Fauquier County, Virginia, 
alphabetically to the list of designated Virginia municipalities and 
political subdivisions as set forth below.


Sec.  733.107  Designated localities.

* * * * *
    (c) * * *
    In Virginia
* * * * *
    Fauquier County
* * * * *
 [FR Doc. E8-10774 Filed 5-14-08; 8:45 am]
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