[Federal Register: September 4, 2002 (Volume 67, Number 171)]
[Rules and Regulations]
[Page 56475]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr04se02-1]
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Rules and Regulations
Federal Register
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[[Page 56475]]
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: Final rule.
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SUMMARY: The Office of Personnel Management (OPM) is revoking the
Schedule A excepted service authority for nontemporary part-time or
intermittent positions for which total annual compensation does not
exceed 40 percent of GS-3, step 1. We are revoking it because the
conditions justifying the original exception no longer exist. By
revoking this authority, the positions filled under this Schedule A
authority are brought into the competitive service. Revoking the
authority also permits noncompetitive conversion of those currently
serving in those positions to competitive service appointments.
DATES: This final rule is effective September 4, 2002. Agencies must no
longer appoint persons under this authority as of September 4, 2002.
Conformity date: Agencies must move any incumbents from the (g)
authority by December 3, 2002.
FOR FURTHER INFORMATION CONTACT: Christina Vay, (202) 606-0960.
SUPPLEMENTARY INFORMATION: Almost 100 years ago, the Schedule A
authority 213.3102(g) was established to help agencies meet a need to
fill low-graded part-time, intermittent, and seasonal positions.
Agencies in the Federal Government fill jobs much differently than 100
years ago--and even 10 years ago. Agencies can now fill part-time and
intermittent positions with a variety of staffing options, and they do
so without exceptions from the competitive service.
Proposed regulations were published on September 10, 2001 (66 FR
46968). We received one comment from an agency supporting the
revocation. Because we did not receive comments to support continuing
the authority, we are continuing with our proposal to revoke it.
Agencies will have 90 days from the date of publication to move the
employees to the competitive service. The authority to retain persons
in the competitive service based on revocation of an excepted service
appointing authority is 5 CFR 316.702.
Regulatory Flexibility Act
I certify that these regulations will not have a significant
economic impact on a substantial number of small entities because they
will affect only Federal agencies and employees.
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.
Office of Personnel Management.
Kay Coles James,
Director.
Accordingly, OPM is amending 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 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. 02-22346 Filed 9-3-02; 8:45 am]
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