[Federal Register Volume 63, Number 158 (Monday, August 17, 1998)]
[Rules and Regulations]
[Page 43867]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-21943]
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Rules and Regulations
Federal Register
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This section of the FEDERAL REGISTER contains regulatory documents
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Federal Register / Vol. 63, No. 158 / Monday, August 17, 1998 / Rules
and Regulations
[[Page 43867]]
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OFFICE OF PERSONNEL MANAGEMENT
5 CFR Parts 293 and 410
RIN 3206-AH94
Personnel Records and Training
AGENCY: Office of Personnel Management.
ACTION: Final rule.
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SUMMARY: The Office of Personnel Management (OPM) is issuing final
regulations governing personnel records and Federal employee training.
The regulations amend a statement about maintaining individual employee
training records and clarify agency authority for training employees
outside the United States.
DATES: This rule becomes effective on September 16, 1998.
FOR FURTHER INFORMATION CONTACT: For 5 CFR Part 293 information: Linda
Brick on 202-606-1126, fax 202-606-1719, or email lmbrick@opm.gov. For
5 CFR 410 information: Judith Lombard on 202-606-2431, fax 202-606-
2394, or email jmlombar@opm.gov.
SUPPLEMENTARY INFORMATION: OPM published proposed regulations in the
April 1, 1998, Federal Register (63 FR 15787) for a 60-day public
comment period. Comments were received from six sources. Three
specifically addressed the change in 5 CFR Sec. 293.403(b)(3); none
specifically addressed the proposal to add a section to 5 CFR part 410
clarifying agency authority for training employees outside the
continental United States; two favorable comments addressed the entire
proposed regulatory change, and one agency responded with no comment.
(1) Training Records. Two agencies and an individual commented
specifically on the proposed rule to remove a parenthetical sentence in
5 CFR Sec. 293.403(b)(3) (47 FR 3080). The parenthetical sentence
provides for records of training of 8 hours or more to be placed in an
employee's Official Personnel File. The two agencies agreed with
deleting the sentence. The individual objected, commenting that
training records should be maintained as official records in an
employee's Official Personnel File.
Since publication of the U.S. Office of Personnel Management Guide
to Personnel Recordkeeping, March 15, 1996, (available from the
Superintendent of Documents, U.S. Government Printing Office, or from
the U.S. Office of Personnel Management's website at http://
www.opm.gov/feddata/html/opf.htm), training documents are no longer
maintained as permanent records in an employee's Official Personnel
Folder. Since the parenthetical sentence in 5 CFR Sec. 293.403(b)(3)
refers to a non-existent recordkeeping requirement, and is no longer
accurate, we believe it needs to be deleted.
(2) Training Outside the United States. No comments were received
specifically on the proposed rule to add a section on training outside
the continental United States clarifying agency authority in this area.
Two agencies, responding to the proposed rule in its entirety,
supported the addition. A new section, designated as 5 CFR
Sec. 410.302(f), will be added to 5 CFR part 410 and will read as
follows:
The head of each agency shall prescribe procedures, as
authorized by section 402 of Executive Order No. 11348, for
obtaining U.S. Department of State advice before assigning an
employee who is stationed within the continental limits of the
United States to training outside the continental United States that
is provided by a foreign government, international organization, or
instrumentality of either.
Regulatory Flexibility Act
I certify that these regulations will not have significant economic
impact on a substantial number of small entities because they affect
only Federal employees and agencies.
List of Subjects
5 CFR Part 293
Archives and records, Freedom of information, Government employees,
Health records, and Privacy.
5 CFR Part 410
Education, Government employees.
U.S. Office of Personnel Management.
Janice R. Lachance,
Director.
Accordingly, the Office of Personnel Management is amending 5 CFR
Part 293 and 5 CFR Part 410 as follows:
PART 293--PERSONNEL RECORDS
Subpart D--Employee Performance File System Records
1. The authority citation for subpart D of 5 CFR Part 293 continues
to read as follows:
Authority: 5 U.S.C. 552a and 5 U.S.C. 4305 and 4315; E.O. 12107
(December 28, 1978); 5 U.S.C. 1103, 1104, and 1302; 3 CFR 1954-1958
Compilation; 5 CFR 7.2; E.O. 9830, 3 CFR 1943-1948 Compilation.
Sec. 293.403 [Amended]
2. Section 293.403 paragraph (b)(3) is amended by removing the
parenthetical sentence.
PART 410--TRAINING
3. The authority citation for part 410 continues to read as
follows:
Authority: 5 U.S.C. 4101, et seq.; E.O. 11348, 3 CFR, 1967
Comp., p. 275.
4. Section 410.302 is amended by adding a new paragraph (f) to read
as follows:
Sec. 410.302 Responsibilities of the head of an agency.
* * * * *
(f) The head of each agency shall prescribe procedures, as
authorized by section 402 of Executive Order No. 11348, for obtaining
U.S. Department of State advice before assigning an employee who is
stationed within the continental limits of the United States to
training outside the continental United States that is provided by a
foreign government, international organization, or instrumentality of
either.
[FR Doc. 98-21943 Filed 8-14-98; 8:45 am]
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