This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

64503

Vol. 69, No. 214

Friday, November 5, 2004

OFFICE OF PERSONNEL 

MANAGEMENT 

5 CFR Part 307

RIN 3206–AJ90

Veterans Readjustment Appointments

AGENCY: Office of Personnel 

Management.

ACTION: Proposed rule.

SUMMARY: The Office of Personnel 

Management (OPM) proposes to revise 

its regulations regarding Veterans 

Readjustment Appointments to 

implement the provisions of the Jobs for 

Veterans Act, signed into law on 

November 7, 2002. We are also using 

this opportunity to propose a plain 

language rewrite of these regulations as 

part of a broader review of OPM’s 

regulations, the purpose of which is to 

make the regulations more readable.

DATES: We will consider comments 

received on or before January 4, 2005.

ADDRESSES: Send or deliver written 

comments to Mark Doboga, Deputy 

Associate Director for Talent and 

Capacity Policy, U.S. Office of 

Personnel Management, Room 6551, 

1900 E Street, NW., Washington, DC 

20415–9700; e-mail employ@opm.gov;

fax: (202) 606–2329.

FOR FURTHER INFORMATION CONTACT: Ms. 

Pam Galemore, by telephone at (202) 

606–0830; by TTY at (202) 606–3134; by 

fax at (202) 606–0390; or by e-mail at 

pamela.galemore@opm.gov.

SUPPLEMENTARY INFORMATION: The Jobs 

for Veterans Act (Public Law 107–288), 

among other things, amends 38 U.S.C. 

4214 to make a major change in the 

eligibility criteria for obtaining what 

previously was called a Veterans 

Readjustment Appointment and will 

now be called a Veterans Recruitment 

Appointment (VRA). Under the revised 

law, the following veterans are eligible 

for a noncompetitive VRA: 

• Disabled veterans; 

• Veterans who served on active duty 

in the Armed Forces during a war, or in 

a campaign or expedition for which a 

campaign badge has been authorized; 

• Veterans who, while serving on 

active duty in the Armed Forces, 

participated in a United States military 

operation for which an Armed Forces 

Service Medal was awarded; and 

• Recently separated veterans. 

The law removes the requirement that 

an eligible veteran must be appointed 

within 10 years of his or her last 

separation from active duty. In addition, 

in accordance with the Act’s definition 

of ‘‘recently separated,’’ a veteran is 

now considered to be ‘‘recently 

separated’’ during the 3-year period 

beginning on the date of such veteran’s 

discharge or release from active duty. 

The law also removes the requirement 

that an eligible veteran’s last discharge 

must have been from active duty lasting 

90 days or more. As noted above, the 

Act also changes the name of such 

appointments from Veterans 

Readjustment Appointments to Veterans 

Recruitment Appointments. 

The Jobs for Veterans Act makes no 

mention of the character of service 

needed to obtain a VRA. OPM, however, 

has the authority to regulate the 

conditions under which a VRA may be 

issued. Exercising this authority, OPM 

proposes to establish as an eligibility 

requirement that a veteran’s release or 

separation from active duty must be 

under honorable conditions. Such a 

requirement is consistent with the spirit 

and principle of veterans’ preference, 

which also requires that military service 

be under honorable conditions. 

We are also proposing to re-establish 

in regulation that a veteran’s military 

service is considered qualifying for a 

VRA at the GS–3 level or equivalent, 

regardless of the position held by the 

veteran in the military. In 1971, 

pursuant to Executive Order 11521, 

OPM promulgated regulations 

specifying that a veteran’s military 

experience, whatever its nature, could 

meet the qualification standards for 

positions at the GS–3 level. In light of 

the sacrifices that each and every 

veteran makes for our country, as well 

as the experience gained by individuals 

who serve in the military, this policy 

was designed to ensure that any veteran 

would be eligible for appointment to a 

GS–3 position. Over the years, 

Executive Order 11521 was amended 

several times. To eliminate the need for 

revising our regulations each time an 

amendment to the executive order was 

made, we began to publish updated 

policy and guidance in the Federal 

Personnel Manual (FPM). Because the 

FPM has since been abolished, however, 

we have decided to re-establish this 

long-standing policy in regulation. 

The following aspects of the VRA 

authority remain the same: the 

maximum grade level at which such 

appointments may be made remains 

GS–11 or equivalent; veterans must be 

‘‘qualified’’—i.e., able to perform the 

essential functions of the position (with 

or without reasonable accommodation, 

for a person with a disability); veterans 

who have completed less than 15 years 

of education must still receive training 

or education; and veterans who 

satisfactorily complete 2 years of 

employment under a VRA must have 

their appointments converted to career 

conditional.

The eligibility criteria established by 

law for obtaining Veterans Recruitment 

Appointments are effective as of the 

date the law was signed. 

To enhance readability, the proposed 

regulations revise the existing sections 

of part 307 as follows: 

Purpose 

OPM has added a ‘‘purpose’’ section 

to explain the purpose of these 

regulations. 

Definitions 

Although many of the terms defined 

in this section are defined in title 38, 

United States Code, OPM has included 

the definitions in this section for the 

convenience of the reader. 

In addition, OPM is adding a 

definition of the term ‘‘substantially 

continuous service’’ because OPM uses 

this term to describe the circumstances 

under which agencies must convert 

individuals serving under VRAs to 

competitive appointments. Until now, 

OPM has not defined that term with 

respect to this part. 

Coverage and General Responsibilities 

OPM is incorporating the pertinent 

provisions into a revised section 

307.103, entitled ‘‘Nature of VRAs.’’ 

This section explains what VRAs are, 

how they are to be used, and what 

limitations apply to these appointments. 

Appointing Authority 

OPM is incorporating the pertinent 

provisions into a revised section 

64504 Federal Register / Vol. 69, No. 214 / Friday, November 5, 2004 / Proposed Rules 

307.104, entitled ‘‘Treatment of 

Individuals Serving Under VRAs.’’ This 

new section explains the relationship 

between those serving under VRAs and 

the competitive service, as well as the 

conditions under which these 

individuals may be promoted or moved 

to other positions. This section also 

provides that an individual who 

receives a VRA and has less than 15 

years of education must receive training 

or education prescribed by the agency. 

Appeal Rights 

OPM has not made any substantive 

revisions to this part. To enhance the 

readability of the regulations, however, 

OPM has amended this section to refer 

readers to the appropriate sections of 

this chapter pertaining to appeal rights. 

OPM believes that this revised 

organization of the regulations makes 

the information clearer and more 

understandable. OPM will consider 

comments on these aspects of this 

proposal, as indicated above. 

E.O. 12866, Regulatory Review 

This rule has been reviewed by the 

Office of Management and Budget in 

accordance with Executive Order 12866. 

Regulatory Flexibility Act 

I certify that this regulation will not 

have a significant economic impact on 

a substantial number of small entities 

because it would apply only to Federal 

agencies and employees.

List of Subjects in 5 CFR Part 307

Government employees, Veterans.

Kay Coles James, 

Director, Office of Personnel Management.

Accordingly, OPM proposes to revise 

5 CFR part 307 as follows:

PART 307—VETERANS RECRUITMENT 

APPOINTMENTS

Sec. 

307.101 Purpose. 

307.102 Definitions. 

307.103 Nature of VRAs. 

307.104 Treatment of individuals serving 

under VRAs. 

307.105 Appeal rights.

Authority: 5 U.S.C. 3301, 3302; E.O. 11521, 

3 CFR, 1970 Comp., p. 912; 38 U.S.C. 4214.

§ 307.101 Purpose. 

This part implements 38 U.S.C. 4214 

and Executive Order 11521, which 

authorize agencies to appoint qualified 

covered veterans to positions in the 

competitive service under Veterans 

Recruitment Appointments (VRAs) 

without regard to the competitive 

examining system.

§ 307.102 Definitions. 

For purposes of this part—

Agency, as defined in 38 U.S.C. 

4211(5), means any agency of the 

Federal Government or the District of 

Columbia, including any Executive 

agency as defined in section 105 of title 

5, and the United States Postal Service 

and Postal Rate Commission. 

Covered veteran, as defined in 38 

U.S.C. 4212(a)(3), means any of the 

following: 

(1) Disabled veterans; 

(2) Veterans who served on active 

duty in the Armed Forces during a war 

or in a campaign or expedition for 

which a campaign badge has been 

authorized; 

(3) Veterans who, while serving on 

active duty with the Armed Forces, 

participated in a United States military 

operation for which an Armed Forces 

Service Medal was awarded pursuant to 

Executive Order 12985 (61 FR 1209); 

and 

(4) Recently separated veterans. 

Disabled veteran, as defined in 38 

U.S.C. 4211, means: 

(1) A veteran who is entitled to 

compensation (or who, but for the 

receipt of military retired pay, would be 

entitled to compensation) under laws 

administered by the Secretary of 

Veterans Affairs; or 

(2) A person who was discharged or 

released from active duty because of a 

service-connected disability. 

Qualified, as defined in 38 U.S.C. 

4212(a)(3), with respect to employment 

in a position, means having the ability 

to perform the essential functions of the 

position with or without reasonable 

accommodation for an individual with a 

disability. 

Recently separated veteran, as defined 

in 38 U.S.C. 4211(6), means any veteran 

during the three-year period beginning 

on the date of such veteran’s discharge 

or release from active duty. 

Substantially continuous service is 

defined in 5 CFR 315.201(b)(3).

§ 307.103 Nature of VRAs. 

VRAs are excepted appointments, 

made without competition, to positions 

otherwise in the competitive service. 

The veterans’ preference procedures of 

part 302 of this chapter apply when 

there are preference eligible candidates 

being considered for a VRA. Qualified 

covered veterans who were separated 

under honorable conditions may be 

appointed to any position in the 

competitive service for which the 

individual is qualified, at grade levels 

up to and including GS–11 or 

equivalent. For purposes of a VRA, any 

military service is qualifying at the GS–

3 level or equivalent. Upon satisfactory 

completion of 2 years of substantially 

continuous service, the incumbent’s 

VRA must be converted to a career or 

career conditional appointment.

§ 307.104 Treatment of individuals serving 

under VRAs. 

(a) Because VRAs are made to 

positions otherwise in the competitive 

service, the incumbents, like 

competitive service employees, may be 

reassigned, promoted, demoted, or 

transferred in accordance with the 

provisions of part 335 of this chapter. 

(b) A veteran with less than 15 years 

of education must receive training or 

education prescribed by the agency. 

(c) Appointments are subject to 

investigation by OPM. A law, Executive 

order, or regulation that disqualifies a 

person for appointment in the 

competitive service also disqualifies a 

person for a VRA.

§ 307.105 Appeal rights. 

Individuals serving under VRAs have 

the same appeal rights as excepted 

service employees under parts 432 and 

752 of this chapter. In addition, as 

established in section 315.806, any 

individual serving under a VRA, whose 

employment under the appointment is 

terminated within 1 year after the date 

of such appointment, has the same right 

to appeal that termination as a career or 

career-conditional employee has during 

the first year of employment.

[FR Doc. 04–24779 Filed 11–3–04; 8:45 am] 

BILLING CODE 6325–38–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration 

14 CFR Part 39

[Docket No. FAA–2004–19542; Directorate 

Identifier 2003–NM–282–AD] 

RIN 2120–AA64

Airworthiness Directives; Airbus Model 

A300 B4–622R and A300 F4–622R 

Airplanes

AGENCY: Federal Aviation 

Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: The FAA proposes to adopt a 

new airworthiness directive (AD) for 

certain Airbus Model A300 B4–622R 

and A300 F4–622R airplanes. This 

proposed AD would require doing a 

one-time inspection to determine if 

lower guide fittings for the forward 

doors are installed in the correct 

positions, and corrective action if