[Federal Register: September 10, 2001 (Volume 66, Number 175)]
[Proposed Rules]
[Page 46968]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10se01-11]
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Proposed Rules
Federal Register
________________________________________________________________________
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.
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[[Page 46968]]
OFFICE OF PERSONNEL MANAGEMENT
5 CFR Part 213
RIN 3206-AJ06
Excepted Service--Schedule A Authority for Nontemporary Part-Time
or Intermittent Positions
AGENCY: Office of Personnel Management.
ACTION: Proposed regulations.
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SUMMARY: The Office of Personnel Management (OPM) proposes to revoke
the Schedule A excepted service appointing authority for nontemporary
part-time or intermittent positions for which total annual compensation
does not exceed 40 percent of GS-3, step 1, because the conditions
justifying the original exception no longer exist. Revocation would
bring the positions filled under this Schedule A authority into the
competitive service and permit noncompetitive conversion of position
incumbents to competitive appointments.
DATES: Comments must be received on or before November 9, 2001.
ADDRESSES: Send or deliver written comments to Richard A. Whitford,
Acting Associate Director for Employment, Office of Personnel
Management, 1900 E Street, NW., Room 6566, Washington, DC 20415.
FOR FURTHER INFORMATION CONTACT: Janice Domke Reid or Christina Vay on
202-606-0960 or FAX 202-606-0390.
SUPPLEMENTARY INFORMATION:
Background
The Schedule A authority, 5 CFR 213.3102(g), was established in
1903 for use by all agencies to meet their continuing part-time,
intermittent or seasonal needs for lower graded positions. These
positions were excepted from the competitive service because there were
too few candidates for standing registers, not due to the nature of
their duties or qualifications.
The authority originally contained a dollar limitation on total
compensation to assure that the positions filled were menial, not full-
time, and were of the type for which the authority was intended. In
1958, this was changed to 40 percent of GS-3, step 1, to avoid having
to amend the authority with each Federal pay raise. The authority was
amended in 1977 to clarify that it could not be used for temporary
project employment to meet a one-time need. It has not been amended
since.
In the past, complexities in the examining system necessitated
excepted authorities on the basis that examining was impracticable.
This was especially true for this Schedule A authority where employment
was expected to be sporadic, totaling less than 6 months a year, and
competitive examination with the establishment of standing registers
would not have been able to produce enough candidates to fill the
positions.
The authority has been used relatively little on a Government-wide
basis.
Current Staffing Flexibilities
Competitive examining has changed drastically since the day when
this Schedule A authority was established. Today agencies have more
choices and flexibility for filling continuing positions that are not
full-time. They routinely appoint employees with part-time or
intermittent work schedules under career appointments in the
competitive service.
Seasonal employees are also appointed under career appointments in
the competitive service when they perform recurring work that is
expected to last at least 6 months during a calendar year. Work lasting
less than 6 months a year is usually performed by temporary employees,
and agencies can appoint them under 5 CFR 316.401. When employment
totals less than 1,040 hours a service year, there is no limit on the
number of times temporary employees may be reappointed.
Conversion of Employees
The revocation brings the positions into the competitive service as
provided in 5 CFR 316.701 and 316.702. Before the effective date of
these regulations, positions for which examining is still impracticable
may be placed under other appropriate excepted appointing authorities
and the employees converted to excepted appointments under those
authorities.
Regulatory Flexibility Act
I certify that these regulations will not have a significant
economic impact on a substantial number of small entities because the
regulations pertain only to Federal employees and agencies.
Executive Order 12866, Regulatory Review
This rule has been reviewed by the Office of Management and Budget
in accordance with Executive Order 12866.
List of Subjects in 5 CFR Part 213
Government employees. Reporting and recordkeeping requirements.
Kay Coles James,
Director.
Accordingly, OPM proposes to amend 5 CFR part 213 as follows:
PART 213--EXCEPTED SERVICE
1. The authority citation for part 213 is revised to read as
follows:
Authority: 5 U.S.C. 3301 and 3302, E.O. 10577, 3 CFR 1954-1958
Comp., p. 218; Sec. 213.101 also issued under 5 U.S.C. 2103;
Sec. 213.3102 also issued under 5 U.S.C. 3301, 3302, 3307, 8337(h)
and 8456; E.O. 12364, 47 FR 22931, 3 CFR 1982 Comp., p. 185; 38
U.S.C. 4301 et seq.; and Pub. L. 106-117 (113 Stat. 1545).
Sec. 213.3102 [Amended]
2. Paragraph (g) of Sec. 213.3102 is removed and reserved.
[FR Doc. 01-22563 Filed 9-7-01; 8:45 am]
BILLING CODE 6325-38-P