Post-Employment Conflict of Interest Restrictions; Revision of Departmental Component Designations

Issuing agencies

Abstract

The U.S. Office of Government Ethics (OGE) is issuing this final rule to update the name of an existing departmental component that was previously designated for purposes of the one-year post- employment conflict of interest restriction for senior employees.

Full Text

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<title>Federal Register, Volume 91 Issue 198 (Thursday, October 15, 2026)</title>
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[Federal Register Volume 91, Number 198 (Thursday, October 15, 2026)]
[Rules and Regulations]
[Pages 65449-65450]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-21059]


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OFFICE OF GOVERNMENT ETHICS

5 CFR Part 2641

RIN 3209-AA72


Post-Employment Conflict of Interest Restrictions; Revision of 
Departmental Component Designations

AGENCY: Office of Government Ethics.

ACTION: Final rule; technical amendment.

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SUMMARY: The U.S. Office of Government Ethics (OGE) is issuing this 
final rule to update the name of an existing departmental component 
that was previously designated for purposes of the one-year post-
employment conflict of interest restriction for senior employees.

DATES: Effective October 15, 2026.

FOR FURTHER INFORMATION CONTACT: Kimberly L. Sikora Panza, Associate 
Counsel; Telephone: 202-482-9300; Email: <a href="/cdn-cgi/l/email-protection#0b7e78646c6e4b646c6e256c647d"><span class="__cf_email__" data-cfemail="ee9b9d81898bae81898bc0898198">[email&#160;protected]</span></a>.

SUPPLEMENTARY INFORMATION:

I. Substantive Discussion; Revision of Existing Departmental Component

    The Director of OGE (Director) is authorized by 18 U.S.C. 207(h) to 
designate distinct and separate departmental or agency components in 
the executive branch for purposes of 18 U.S.C. 207(c), the one-year 
post-employment conflict of interest restriction for senior employees. 
Under 18 U.S.C. 207(h)(2), component designations do not apply to 
persons employed at a rate of pay specified in or fixed according to 
subchapter II of 5 U.S.C. chapter 53 (the Executive Schedule). 
Component designations are listed in appendix B to 5 CFR part 2641.
    The representational bar of 18 U.S.C. 207(c) usually extends to the 
whole of any department or agency in which a former senior employee 
served in any capacity during the year prior to termination from a 
senior employee position. However, 18 U.S.C. 207(h) provides that 
whenever the Director ``determines that an agency or bureau within a 
department or agency in the executive branch exercises functions which 
are distinct and separate from the remaining functions of the 
department or agency and that there exists no potential for use of 
undue influence or unfair advantage based on past Government service,'' 
the Director shall by rule designate that agency or bureau as a 
separate component of that department or agency. As a result, a former 
senior employee who served in a designated component of a parent 
department or agency is barred from communicating to or making an 
appearance before any employee of that component, but is not barred as 
to any employee of the parent, of another designated component, or of 
any other agency or bureau of the parent that has not been designated. 
Likewise, a former senior employee who served in a ``parent'' 
department or agency is not barred by 18 U.S.C. 207(c) from making 
communications to or appearances before any employees of any designated 
component of that parent, but is barred as to employees of that parent 
or of other components that have not been separately designated.
    The Director regularly reviews the component designations listed in 
appendix B to part 2641, and in consultation with the department or 
agency concerned, makes adjustments as are necessary. Pursuant to the 
procedures prescribed in 5 CFR 2641.302(e), the Department of 
Transportation has requested that OGE revise the name of one component 
currently listed in appendix B to part 2641. Specifically, the 
Department of Transportation requested that OGE revise Saint Lawrence 
Seaway Development Corporation to read ``Great Lakes St. Lawrence 
Seaway Development Corporation.'' The revision is requested because the 
Saint Lawrence Seaway Development Corporation was legally renamed the 
Great Lakes St. Lawrence Seaway Development Corporation as part of the 
2021 Consolidated Appropriations Act (Section 512 of Division AA of 
P.L. 116-260), signed into law on December 27, 2020. The Department of 
Transportation advised that there have been no substantive changes to 
this component, and that the component name update is purely a 
technical change. OGE is therefore amending the Department of 
Transportation listing in appendix B to reflect the current name of 
this component.
    The designation of Saint Lawrence Seaway Development Corporation in 
appendix B to part 2641 was effective as of January 1, 1991. See 56 FR 
3961. The component name change being made in this rule, which does not 
affect the underlying component designation date, is effective on 
October 15, 2026, the date this rule is published in the Federal 
Register.

II. Matters of Regulatory Procedure

Administrative Procedure Act

    Pursuant to 5 U.S.C. 553, as the Acting Director of the Office of 
Government Ethics, I find that good cause exists for waiving the 
general requirements for notice of proposed rulemaking, opportunity for 
public comment, and a 30-day delayed effective date. As the change 
effectuated by the final rule is a minor, technical amendment to the 
current regulation, notice and comment is unnecessary. Furthermore, it 
is important and in the public interest that the component name change, 
which reflects the current organization of the concerned

[[Page 65450]]

department be published in the Federal Register and take effect as 
promptly as possible.

Regulatory Flexibility Act

    As Acting Director of the Office of Government Ethics, I certify 
under the Regulatory Flexibility Act (5 U.S.C. chapter 6) that this 
rule will not have a significant economic impact on a substantial 
number of small entities because it affects only Federal departments 
and agencies and current and former Federal employees.

Paperwork Reduction Act

    The Paperwork Reduction Act (44 U.S.C. chapter 35) does not apply 
to this rule because it does not contain information collection 
requirements that require the approval of the Office of Management and 
Budget.

Unfunded Mandates Reform Act

    For purposes of the Unfunded Mandates Reform Act of 1995 (2 U.S.C. 
chapter 25, subchapter II), this rule will not significantly or 
uniquely affect small governments and will not result in increased 
expenditures by State, local, and tribal governments, in the aggregate, 
or by the private sector, of $100 million or more (as adjusted for 
inflation) in any one year.

Congressional Review Act

    The rule is not a major rule as defined in 5 U.S.C. chapter 8, 
Congressional Review of Agency Rulemaking.

Executive Orders 12866 and 13563

    In promulgating this rule, the Office of Government Ethics has 
adhered to the regulatory philosophy and the applicable principles of 
regulation set forth in Executive Order 12866, Regulatory Planning and 
Review (58 FR 51735, Oct. 4, 1993) and Executive Order 13563, Improving 
Regulation and Regulatory Review (76 FR 3821, Jan. 21, 2011). Executive 
Orders 13563 and 12866 direct agencies to assess all costs and benefits 
of available regulatory alternatives and, if regulation is necessary, 
to select the regulatory approaches that maximize net benefits 
(including economic, environmental, public health and safety effects, 
distributive impacts, and equity). Executive Order 13563 emphasizes the 
importance of quantifying both costs and benefits, of reducing costs, 
of harmonizing rules, and of promoting flexibility.
    This rule has not been reviewed by the Office of Management and 
Budget under Executive Order 12866 because it is not a ``significant'' 
regulatory action for the purposes of that order.

Executive Order 12988

    As Acting Director of the Office of Government Ethics, I have 
reviewed this rule in light of section 3 of Executive Order 12988, 
Civil Justice Reform, and certify that it meets the applicable 
standards provided therein.

Executive Order 13175

    The Office of Government Ethics has evaluated this rule under the 
criteria set forth in Executive Order 13175 and determined that tribal 
consultation is not required as this rule has no substantial direct 
effect on one or more Indian tribes, on the relationship between the 
Federal Government and Indian tribes, or on the distribution of power 
and responsibilities between the Federal Government and Indian tribes.

List of Subjects in 5 CFR Part 2641

    Conflict of interests, Government employees.

     Approved: October 10, 2026.
Keith Sonderling,
Acting Director, U.S. Office of Government Ethics.

    Accordingly, for the reasons set forth in the preamble, the U.S. 
Office of Government Ethics amends 5 CFR part 2641 as set forth below:

PART 2641--POST-EMPLOYMENT CONFLICT OF INTEREST RESTRICTIONS

0
1. The authority citation for part 2641 continues to read as follows:

    Authority:  5 U.S.C. ch. 131; 18 U.S.C. 207; E.O. 12674, 54 FR 
15159, 3 CFR, 1989 Comp., p. 215, as modified by E.O. 12731, 55 FR 
42547, 3 CFR, 1990 Comp., p. 306.


0
2. Appendix B to part 2641 is amended by revising the listing for the 
Department of Transportation to read as follows:

Appendix B to Part 2641

    Agency Components for Purposes of 18 U.S.C. 207(c)
* * * * *

Parent: Department of Transportation

Components

    Federal Aviation Administration.
    Federal Highway Administration.
    Federal Motor Carrier Safety Administration (effective January 
30, 2003).
    Federal Railroad Administration.
    Federal Transit Administration.
    Maritime Administration.
    National Highway Traffic Safety Administration.
    Pipeline and Hazardous Materials Safety Administration 
(effective December 29, 2016).
    Great Lakes St. Lawrence Seaway Development Corporation 
(formerly Saint Lawrence Seaway Development Corporation).
* * * * *

[FR Doc. 2026-21059 Filed 10-14-26; 8:45 am]
BILLING CODE 6345-04-P


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