[Federal Register Volume 64, Number 88 (Friday, May 7, 1999)]
[Rules and Regulations]
[Pages 24503-24505]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-11513]
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Rules and Regulations
Federal Register
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This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
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Federal Register / Vol. 64, No. 88 / Friday, May 7, 1999 / Rules and
Regulations
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OFFICE OF PERSONNEL MANAGEMENT
5 CFR PART 330
RIN 3206-AI56
Interagency Career Transition Assistance for Displaced Former
Panama Canal Zone Employees
AGENCY: Office of Personnel Management.
ACTION: Interim rule with request for comments.
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SUMMARY: The Office of Personnel Management is issuing interim
regulations that provide certain displaced employees of the former
Panama Canal Zone with interagency priority consideration for vacant
competitive service positions in the continental United States. These
regulations are applicable to eligible displaced employees of the
former Panama Canal Zone who are now being separated.
DATES: These interim regulations are effective May 7, 1999. Written
comments will be considered if received no later than July 6, 1999.
ADDRESSES: Send written comments to Mary Lou Lindholm, Associate
Director for Employment, Office of Personnel Management, Room 6F08,
1900 E Street, NW, Washington, DC 20415-9000.
FOR FURTHER INFORMATION CONTACT: Thomas A. Glennon or Jacqueline R.
Yeatman, 202-606-0960, FAX 202-606-2329.
SUPPLEMENTARY INFORMATION:
Background
The Panama Canal Treaty of 1977, as implemented through Public Law
96-70 (93 Stat. 452, The Panama Canal Act of 1979, approved September
27, 1979, and generally effective October 1, 1979), provides for the
final transfer of Panama Canal operations and full control of the
former Canal Zone geographic area from the Government of the United
States to the Republic of Panama on December 31, 1999. This action will
result in the involuntary separation, or geographic relocation, of most
United States citizens presently working as Federal employees in the
Canal Area.
Section 1212(a) of the Panama Canal Act, as codified in 22 U.S.C.
3652, authorized the President to establish the Panama Canal Employment
System in accordance with applicable Treaty requirements and other
provisions of law. Most Federal employees in the Canal Area hold
excepted service positions under the Panama Canal Employment System.
However, Sec. 1212(a) requires full interchange between these excepted
service Panama Canal Employment System positions and positions in the
competitive service.
Section 1232 of the Panama Canal Act, as codified in 22 U.S.C.
3672, provides certain employees of the former Canal Zone with priority
consideration for continuing vacant Federal positions.
Specifically, Sec. 1232(a) of the Act authorizes special selection
priority for any citizen of the United States who, on March 31, 1979,
was an employee of the Panama Canal Company or the Canal Zone
Government, who is involuntarily separated. This priority is not
available to otherwise eligible employees who are placed in another
appropriate Federal position that is located in the Republic of Panama.
Similarly, Sec. 1232(b) of the Act authorizes special selection
priority for any citizen of the United States who, on March 31, 1979,
was employed in the Canal Zone under the Panama Canal Employment System
as an employee of an executive branch agency (including the Smithsonian
Institution), and whose position was eliminated as the result of the
Panama Canal Treaty of 1977 and related agreements. This priority is
not available to otherwise eligible employees who are appointed to
another appropriate Federal position that is located in the Republic of
Panama.
Section 1232(c) of the Act mandates that OPM establish and
administer a Government-wide special selection priority program for all
eligible displaced employees of the former Canal Zone.
New Interagency Career Transition Assistance Program for Displaced
Panama Canal Zone Employees
Eligible displaced employees of the former Panama Canal Zone are
eligible for interagency special selection priority consideration in
this new program on a similar basis as that provided to many displaced
Federal employees under the Interagency Career Transition Assistance
Plan, which is authorized by 5 CFR 330, subpart G. However, eligible
displaced employees of the former Canal Zone receive special selection
priority when applying for vacant positions throughout the continental
United States, while the Interagency Career Transition Assistance Plan
provides priority consideration to other displaced Federal employees
only in the local commuting area where the displaced employee last
worked.
Waiver of Notice of Proposed Rulemaking and Delay in Effective Date
Pursuant to 5 U.S.C. 553(b)(3)(B), I find that good cause exists
for waiving the general notice of proposed rulemaking because it would
be contrary to the public interest to delay access to benefits provided
by law. Also, pursuant to 5 U.S.C. 553(d)(3), I find that good cause
exists to waive the effective date and make this amendment effective in
less than 30 days in order to provide eligible displaced employees of
the former Canal Zone with special selection priority at the earliest
practicable date.
Regulatory Flexibility Act
I certify that this regulation will not have a significant economic
impact on a substantial number of small entities because it affects
only certain Federal 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 330
Armed Forces reserves, Government employees.
Office of Personnel Management.
Janice R. Lachance,
Director.
Accordingly, OPM is amending part 330 of title 5, Code of Federal
Regulations, as follows:
[[Page 24504]]
PART 330--RECRUITMENT, SELECTION, AND PLACEMENT (GENERAL)
1. The authority citation for part 330 is revised to read as
follows:
Authority: 5 U.S.C. 1302, 3301, 3302; E.O. 10577, 3 CFR 1954-58
Comp., p. 218; Sec. 330.102 also issued under 5 U.S.C 3327; subpart
B also issued under 5 U.S.C. 3315 and 8151; Sec. 330.401 also issued
under 5 U.S.C. 3310; subpart I also issued under sec. 4432 of Pub.
L. 102-484, 106 Stat. 2315; subpart K also issued under sec. 11203
of Pub. L. 105-33, 111 Stat. 738; subpart L also issued under sec.
1232 of Pub. L. 96-70, 93 Stat. 452.
2. Subpart L of part 330 is added to read as follows:
Subpart L--Interagency Career Transition Assistance for Displaced
Former Panama Canal Zone Employees
Sec.
330.1201 Purpose.
330.1202 Definitions.
330.1203 Eligibility
330.1204 Selection.
Subpart L--Interagency Career Transition Assistance for Displaced
Former Panama Canal Zone Employees
Sec. 330.1201 Purpose.
This subpart implements Section 1232 of Public Law 96-70 (the
Panama Canal Act of 1979) and provides eligible displaced employees of
the former Panama Canal Zone with interagency special selection
priority consideration for continuing Federal vacant positions in the
continental United States.
Sec. 330.1202 Definitions.
For purposes of this subpart:
(a) Agency means an Executive Department, a Government corporation,
and an independent establishment as cited in 5 U.S.C. 105. For the
purposes of this program, the term ``agency'' includes all components
of an organization, including its Office of Inspector General.
(b) Canal Zone is the definition set forth in 22 U.S.C. 3602(b)(1),
and means the areas and installations in the Republic of Panama made
available to the United States pursuant to the Panama Canal Treaty of
1977 and related agreements;
(c) Eligible displaced employee of the former Panama Canal Zone
means a citizen of the United States who:
(1) Holds or held a position in the Panama Canal Employment System
that is in retention tenure group 1 or 2, as defined in Sec. 351.501(a)
of this chapter;
(2)(i) Was an employee of the Panama Canal Company or the Canal
Zone Government on March 31, 1979, and has been continuously employed
in the former Panama Canal Zone under the Panama Canal Employment
System; or
(ii) Has been continuously employed since March 31, 1979, in the
former Panama Canal Zone under the Panama Canal Employment System as an
employee of an executive agency, or as an employee of the Smithsonian
Institution;
(3) Holds or held a position that is eliminated as the result of
the implementation of the Panama Canal Treaty of 1977 and related
agreements;
(4) Is not appointed to another appropriate Federal position
located in the Republic of Panama; and
(5) Has received a specific notice of separation by reduction in
force, and meets the additional eligibility criteria covered in
Sec. 330.1203.
(d) Special selection priority means that an eligible displaced
employee of the former Panama Canal Zone who applies for a competitive
service vacancy, and who the hiring agency in the continental United
States determines is well-qualified, has the same special selection
priority as a current or former displaced Federal employee who is
eligible under 5 CFR 330, subpart G (the Interagency Career Transition
Assistance Plan), or under 5 CFR 330, subpart K (Federal Employment
Priority Consideration for Displaced Employees of the District of
Columbia Department of Corrections). Eligible displaced employees of
the former Panama Canal Zone have special selection priority under this
subpart to positions throughout the continental United States.
(e) Vacancy means a competitive service position to be filled for a
total of 121 days or more, including all extensions, which the agency
is filling, regardless of whether the agency issues a specific vacancy
announcement.
(f) Well-qualified employee means an eligible displaced former
employee of the Panama Canal Zone who possesses the knowledge, skills,
and abilities which clearly exceed the minimum qualification
requirements for the position. A well-qualified employee will not
necessarily meet the agency's definition of highly or best qualified,
when evaluated against other candidates who apply for a particular
vacancy, but must satisfy the following criteria, as determined and
consistently applied by the agency:
(1) Meets the basic qualification standards and eligibility
requirements for the position, including any medical qualifications,
suitability, and minimum educational and experience requirements;
(2) Satisfies one of the following qualifications requirements:
(i) Meets all selective factors where applicable. Meets appropriate
quality rating factor levels as determined by the agency. Selective and
quality ranking factors cannot be so restrictive that they run counter
to the goal of placing displaced employees. In the absence of selective
and quality ranking factors, selecting officials will document the job-
related reason(s) the eligible employee is or is not considered to be
well-qualified; or
(ii) Is rated by the agency to be above minimally qualified in
accordance with the agency's specific rating and ranking process.
Generally, this means that the individual may or may not meet the
agency's test for highly qualified, but would in fact, exceed the
minimum qualifications for the position;
(3) Is physically qualified, with reasonable accommodation where
appropriate, to perform the essential duties of the position;
(4) Meets any special qualifying condition(s) that OPM has approved
for the position; and
(5) Is able to satisfactorily perform the duties of the position
upon entry.
Sec. 330.1203 Eligibility.
(a) In order to be eligible for special selection priority, an
eligible displaced employee of the former Panama Canal Zone must:
(1) Have received a specific notice of separation by reduction in
force;
(2) Have not been appointed to another appropriate position in the
Government of the United States in Panama;
(3) Apply for a vacancy within the time frames established by the
hiring agency; and
(4) Be found by the hiring agency as well-qualified for that
specific vacancy.
(b) Eligibility for special selection priority as an eligible
displaced employee of the former Panama Canal Zone begins on the date
that the employee receives a specific notice of separation by reduction
in force.
(c) Eligibility for special selection priority as an eligible
displaced employee of the former Panama Canal Zone expires on the
earliest of:
(1) One year after the effective date of the reduction in force;
(2) The date that the employee receives a career, career-
conditional, or excepted appointment without time limit in any agency
at any grade level; or
(3) The date that the employee is separated involuntarily for cause
prior to the effective date of the reduction in force action.
[[Page 24505]]
Sec. 330.1204. Selection.
If two or more individuals apply for a vacancy and the hiring
agency determines the individuals to be well-qualified, the agency has
the discretion to select any of these employees eligible for priority
under subpart G of this part (the Interagency Career Transition
Assistance Plan), under subpart K of this part (Federal Employment
Priority Consideration for Displaced Employees of the District of
Columbia Department of Corrections), or under subpart L of this part
(Interagency Career Transition Assistance for Displaced Former Panama
Canal Zone Employees).
[FR Doc. 99-11513 Filed 5-6-99; 8:45 am]
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