[Federal Register Volume 62, Number 73 (Wednesday, April 16, 1997)]
[Rules and Regulations]
[Page 18505]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-9847]
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Rules and Regulations
Federal Register
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to and codified in the Code of Federal Regulations, which is published
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Federal Register / Vol. 62, No. 73 / Wednesday, April 16, 1997 /
Rules and Regulations
[[Page 18505]]
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OFFICE OF PERSONNEL MANAGEMENT
5 CFR Part 213
RIN 3206-AH67
Excepted Service--Schedule A Authority for Temporary
Organizations
AGENCY: Office of Personnel Management.
ACTION: Final regulations.
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SUMMARY: The Office of Personnel Management (OPM) is amending the
Schedule A excepted service appointing authority agencies use to fill
positions in temporary organizations. These regulations delete the GS-
15 grade level limitation to permit agencies to make such appointments
also to Senior Level positions.
EFFECTIVE DATE: May 16, 1997.
FOR FURTHER INFORMATION CONTACT: Sylvia Cole on (202) 606-0830, TDD
(202) 606-0023, or FAX (202) 606-2329.
SUPPLEMENTARY INFORMATION: The Schedule A authority for appointing
staff in temporary organizations was established in 1979. It permits
agencies to fill positions on the staffs of temporary boards and
commissions established by law or Executive order for specified periods
not to exceed 4 years. The authority also permits appointments in
temporary organizations established within existing agencies to perform
work outside the agency's continuing responsibilities.
Currently appointments can only be made at GS-15 and below because
when the authority was established, there was no need to include
positions above that level. The executive assignment system used to
cover positions at grades GS-16, 17 and 18, and individuals were
appointed at those levels through non-competitive limited executive
assignments.
The Federal Employees Pay Comparability Act of 1990 abolished
grades GS-16, 17, and 18, and the executive assignment system, and
established the Senior Level system. Unlike the executive assignment
system, the Senior Level system does not provide for noncompetitive
time-limited appointments.
On December 2, 1996, (61 FR 63762), we proposed regulations to
remove the GS-15 grade level limitation to permit agencies to make
appointments to Senior Level positions. We received one comment from an
agency in support of the proposed regulations and are adopting them as
final regulations with no change.
Editorial Changes
As part of the final regulations we are also making the following
editorial changes: In 5 CFR 213.103(a) we are deleting the sentence
that refers to Schedule A, B, and C appointing authorities being
published in the Federal Personnel Manual. The Federal Personnel Manual
was abolished on December 31, 1994.
We are adding a clarifying sentence to 5 CFR 213.104. This section
sets forth special provisions for making temporary, intermittent, or
seasonal appointments under Schedules A, B, and C. The existing
regulations provide that if the appointments are for 1 year or less, by
definition, they are temporary appointments and are subject to certain
restrictions. Because of numerous questions from agencies, we are
adding a statement to clarify that agencies continue to have the
ability to make appointments with time limits of more than 1 year.
These time-limited appointments are not subject to the restrictions for
temporary appointments.
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 the regulations apply only to appointment
procedures used to appoint certain employees in Federal 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.
U.S. Office of Personnel Management.
James B. King,
Director.
Accordingly, OPM is amending 5 CFR part 213 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; and 38
U.S.C. 4301 et seq.
Sec. 213.103 [Amended]
2. In section 213.103, the last sentence of paragraph (a) is
removed.
3. In section 213.104, paragraph (a)(1) is revised to read as
follows:
Sec. 213.104 Special provisions for temporary, intermittent, or
seasonal appointments in Schedule A, B, or C.
(a) * * *
(1) Temporary appointments, unless otherwise specified in a
particular Schedule A, B, or C exception, are made for a specified
period not to exceed 1 year and are subject to the time limits in
paragraph (b) of this section. Time-limited appointments made for more
than 1 year are not considered to be temporary appointments, and are
not subject to these time limits.
* * * * *
4. In section 213.3199, the first sentence of paragraph (a) and the
introductory text in paragraph (b) are revised to read as follows:
Sec. 213.3199 Temporary organizations.
(a) Positions on the staffs of temporary boards and commissions
which are established by law or Executive order for specified periods
not to exceed 4 years to perform specific projects. * * *
(b) Positions on the staffs of temporary organizations within
continuing agencies when all of the following conditions are met: * * *
* * * * *
[FR Doc. 97-9847 Filed 4-15-97; 8:45 am]
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