[Federal Register Volume 60, Number 36 (Thursday, February 23, 1995)]
[Rules and Regulations]
[Pages 10005-10006]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-4394]
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Rules and Regulations
Federal Register
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Federal Register / Vol. 60, No. 36 / Thursday, February 23, 1995 /
Rules and Regulations
[[Page 10005]]
OFFICE OF PERSONNEL MANAGEMENT
5 CFR Parts 213 and 302
RIN 3206-AF53
Temporary, Seasonal, and Intermittent Employment in the Excepted
Service
AGENCY: Office of Personnel Management.
ACTION: Final rule.
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SUMMARY: The Office of Personnel Management (OPM) is amending its
regulations to consolidate excepted service authorities for filling
temporary, intermittent, and seasonal jobs, to remove coverage for
appointments that no longer meet the criteria for exception, and to
establish a new excepted service authority which could be used by
agencies to meet urgent, short-term hiring needs.
EFFECTIVE DATE: March 27, 1995.
FOR FURTHER INFORMATION CONTACT:
Tracy E. Spencer, (202) 606-0830, or fax (202) 606-2329.
SUPPLEMENTARY INFORMATION: These regulations implement the National
Performance Review's recommendations to reduce the number of Federal
hiring authorities and decentralize many personnel decisions. The
regulations eliminate overlapping and obsolete appointing authorities
and establish two authorities to meet common needs that may be used by
any agency without obtaining specific OPM approval.
On September 26, 1994 (59 FR 49034), OPM published proposed
regulations to revise and consolidate paragraphs (i) and (m) of section
213.3102, which both cover temporary, intermittent, and seasonal
employment in the excepted service. We proposed to establish
Governmentwide Schedule A authorities for temporary and less-than-full-
time positions in remote or isolated locations involving no more than
1,040 working hours of employment in a service year and for short-term
appointments to meet special hiring needs that would not exceed 30
days, plus one 30-day extension. We also proposed to allow OPM to
authorize Schedule A appointments in other circumstances and requested
comments on the need to include authority to make Schedule A temporary
appointments (i.e., appointments limited to 1 year or less) in
connection with post-doctoral fellowships, internships, and similar
programs.
We received comments from six Federal agencies. All six supported
the proposed Schedule A authority, although one suggested additional
exceptions and two made technical and editorial suggestions.
Comments on Coverage
With regard to fellowship programs, the agencies indicated that
such appointments are usually made for periods longer than 1 year and
that an authority limited to temporary employment would have little
use. We have, therefore, decided not to include a specific provision
for fellowship appointments in the Schedule A authority for temporary,
intermittent, and seasonal employment. Any agencies that wish to make
temporary appointments in connection with post-doctoral fellowship
programs may, however, request OPM's approval to use the Schedule A
authority for that purpose.
One agency suggested that Schedule A appointments should be
permitted for short-term work lasting up to 90 days (instead of 30 days
as proposed), with an additional 30-day extension, and for all
nonsupervisory temporary and seasonal laborer positions at WG-3 and
below. We did not adopt those suggestions because we cannot find that
use of competitive hiring procedures to fill the jobs would be
impracticable.
Agencies may make temporary appointments in the competitive service
using the applicant supply file procedures set out in 5 CFR part 333.
Those procedures are very similar to the procedures for making
temporary Schedule A appointments set out in 5 CFR part 302. The only
differences are qualification requirements and public notice.
Agencies making temporary appointments under part 333 must apply
competitive qualification standards. However, those standards contain
only basic generic requirements, to which agencies may add specific
requirements related to their jobs. For most jobs, there is little
practical difference between the competitive standards and the
standards agencies would develop under part 302.
Agencies making competitive temporary appointments must also notify
OPM and State Employment Service offices of the vacancies. However,
there are no mandatory minimum publicity requirements.
The agencies decide how widely to distribute notices and how long
the notices will remain open.
We believe that the competitive hiring procedures are flexible
enough to meet all but the most urgent staffing needs. We also believe
that exceptions to basic hiring procedures should be authorized only
when clearly necessary. Competitive hiring is not impracticable in all
cases for temporary laborer jobs or for project jobs involving 3 or 4
months of work. Therefore, we are not establishing a general Schedule A
authority for such positions. Any agency that needs to fill particular
jobs more quickly than the competitive process would permit may, of
course, request OPM's approval to make Schedule A appointments to those
jobs.
Technical and Editorial Comments
With regard to procedural requirements, one agency asked whether
the ranking and referral requirements of 5 CFR part 302 will apply to
30-day special need appointments under the new Schedule A authority.
Formal ranking and referral procedures have not previously been
required for 30-day special need appointments because the time needed
for that process is not commensurate with the extremely short period of
employment. That is still true. Accordingly, as provided in 5 CFR
302.101(c), we are granting an exception from the procedural
requirements of part 302 for appointments made under the new Schedule A
special need authority. Agencies must, however, apply veterans'
preference to the extent administratively feasible.
The same agency also asked why the service limitation in the
proposed Schedule A authority for positions in remote or isolated
locations should apply to all employment in the same agency. The agency
suggested that the limit should apply only to excepted
[[Page 10006]] employment in the same or successor positions. We have
adopted that suggestion in part. We agree that the limit should apply
separately to positions having different job duties and qualification
requirements. While a few individuals might be qualified and available
to perform unrelated functions (e.g., surveyor and pilot), it would not
be practical for the agency to create a job combining such distinct
duties. We have rewritten the Schedule A authority to clarify that the
limit applies to employment in jobs having related duties and
comparable qualification requirements.
We have not adopted the suggestion that only excepted employment in
an identical or successor position should count against the limit. Such
a broad exclusion from the service limit would undermine the
justification for the excepted authority. Examining for jobs in remote
or isolated locations is impracticable when: only residents of the
immediate area can be expected to reach the work site whenever they are
needed; the amount of employment involved would not encourage outside
applicants to move to the isolated area; and staff from an OPM or
agency examining office could not readily reach the location to
administer the competitive hiring process. If an agency can make
competitive appointments to some jobs in a location, can combine
related work to afford a substantial amount of employment, and/or can
readily attract candidates from outside the immediate locality, the
conditions for exception would not be met.
Another agency suggested that the authority should provide for OPM
approval of Schedule A appointments for additional ``circumstances''
rather than additional ``positions.'' The agency notes that it is not
always possible to identify in advance all specific positions that may
be needed in connection with a particular program or situation.
The wording of the Schedule A authority reflects Civil Service Rule
VI (5 CFR 6.1), which authorizes OPM to except positions from the
competitive service. This language does not preclude exception of
positions based on the circumstances under which they are filled. OPM
has previously approved Schedule A authorities that cover all positions
meeting certain conditions or all positions filled in connection with a
particular program, without listing those positions specifically. We
will entertain similar requests submitted under this new Schedule A
authority.
Regulatory Flexibility Act
I certify that these regulations will not have a significant
economic impact on a substantial number of small entities (including
small businesses, small organizational units, and small governmental
jurisdictions) because they apply only to Federal employees.
List of Subjects in 5 CFR Parts 213 and 302
Government employees, Reporting and recordkeeping requirements.
U.S. Office of Personnel Management
James B. King,
Director.
Accordingly, OPM is amending 5 CFR parts 213 and 302 as follows:
PART 213--EXCEPTED SERVICE
1. The authority citation for part 213 continues 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.
2. In Sec. 213.3102, paragraph (i) is revised and paragraph (m) is
removed and reserved, to read as follows:
Sec. 213.3102 Entire executive civil service.
* * * * *
(i) Temporary and less-than-full time positions for which examining
is impracticable. These are:
(1) Positions in remote/isolated locations where examination is
impracticable. A remote/isolated location is outside the local
commuting area of a population center from which an employee can
reasonably be expected to travel on short notice under adverse weather
and/or road conditions which are normal for the area. For this purpose,
a population center is a town with housing, schools, health care,
stores and other businesses in which the servicing examining office can
schedule tests and/or reasonably expect to attract applicants. An
individual appointed under this authority may not be employed in the
same agency under a combination of this and any other appointment to
positions involving related duties and requiring the same
qualifications for more than 1,040 workings hour in a service year.
Temporary appointments under this authority may be extended in 1-year
increments, with no limit on the number of such extensions, as an
exception to the service limits in Sec. 213.104.
(2) Positions for which a critical hiring need exists. This
includes both short-term positions and continuing positions that an
agency must fill on an interim basis pending completion of competitive
examining, clearances, or other procedures required for a longer
appointment. Appointments under this authority may not exceed 30 days
and may be extended for up to an additional 30 days if continued
employment is essential to the agency's operations. The appointments
may not be used to extend the service limit of any other appointing
authority. An agency may not employ the same individual under this
authority for more than 60 days in any 12-month period.
(3) Other positions for which OPM determines that examining is
impracticable.
* * * * *
PART 302--EMPLOYMENT IN THE EXCEPTED SERVICE
3. The authority citation for part 302 continues to read as
follows:
Authority: 5 U.S.C. 1302, 3301, 3302, and 8151, E.O. 10577 (3
CFR 1954-1958 Comp., p. 218); Sec. 302.105 also issued under 5
U.S.C. 1104, Pub. L. 95-454, sec. 3(5); Sec. 302.501 also issued
under 5 U.S.C. 7701 et. seq.
4. In Sec. 302.101, paragraph (c)(11) is added, to read as follows:
Sec. 302.101 Positions covered by the regulations.
* * * * *
(c) * * *
(11) Positions for which a critical hiring need exists when filled
under Sec. 213.3102(i)(2) of this chapter.
[FR Doc. 95-4394 Filed 2-22-95; 8:45 am]
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