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 under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents.

Rules and Regulations Federal Register

66677 

Vol. 88, No. 187 

Thursday, September 28, 2023 

OFFICE OF PERSONNEL 

MANAGEMENT 

5 CFR Part 315 

[Docket ID: OPM–2023–0026] 

RIN 3206–AO57 

Noncompetitive Appointment of 

Certain Military Spouses 

AGENCY: Office of Personnel 

Management. 

ACTION: Interim final rule; request for 

comments. 

SUMMARY: The Office of Personnel 

Management (OPM) is issuing interim 

regulations to implement the changes 

authorized by the National Defense 

Authorization Act (NDAA) for Fiscal 

Year (FY) 2023 on the noncompetitive 

appointment authority for certain 

military spouses. These changes extend 

certain temporary provisions and 

remove the reporting requirements that 

were imposed by the NDAA for FY 

2019. These changes will continue to 

enhance the recruitment and hiring of 

military spouses for permanent Federal 

positions in the competitive service. 

DATES: The interim regulations are 

effective on September 28, 2023. 

Comments must be received on or 

before November 27, 2023. 

ADDRESSES: You may submit comments, 

identified by docket number and/or 

Regulation Identifier Number (RIN) and 

by title, by the following method: 

• Federal Rulemaking Portal: https:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

All submissions received must 

include the agency name and docket 

number or RIN for this document. The 

general policy for comments and other 

submissions from members of the public 

is to make these submissions available 

for public viewing at https://

www.regulations.gov as they are 

received without change, including any 

personal identifiers or contact 

information. 

FOR FURTHER INFORMATION CONTACT: 

Michelle Glynn, telephone: 202–606– 

1571, fax: 202–606–4430, TDD: 202– 

418–3134, or email: michelle.glynn@

opm.gov. 

SUPPLEMENTARY INFORMATION: On 

December 23, 2022, the President signed 

the National Defense Authorization Act 

(NDAA) for Fiscal Year (FY) 2023 (Pub. 

L. 117–263) (‘‘FY 2023 NDAA’’). Section 

573(d) of Public Law 115–232 (‘‘FY 

2019 NDAA’’) provided for a temporary 

amendment to 5 U.S.C. 3330d to expand 

the eligibility for noncompetitive 

appointment of spouses currently 

married to a member of the armed forces 

on active duty. Under the FY 2019 

NDAA, this authority would have 

sunset on August 13, 2023, which is 

reflected in OPM’s current regulations. 

Section 1111 of the FY 2023 NDAA 

extended the temporary amendment 

until December 31, 2028. 

Section 573(d) of the FY 2019 NDAA 

required agencies to report annually to 

OPM on the number of relocating and 

non-relocating spouses of current 

military members appointed; the types 

of positions filled (by title, series, and 

grade level); and the effectiveness of this 

hiring authority. Section 573(d) also 

required a report to Congress 18 months 

after enactment that had become 

obsolete. The FY 2023 NDAA removed 

these temporary agency reporting 

requirements established under the FY 

2019 NDAA. Although the reporting 

requirements have been removed from 

statute, section 3(f) of Executive Order 

13832, of May 9, 2018, Enhancing 

Noncompetitive Civil Service 

Appointments of Military Spouses, 

imposed similar agency reporting 

requirements that are still in effect. 

The changes in the FY 2023 NDAA 

became effective upon the President’s 

signature. OPM is amending its 

regulations through this interim final 

rule to reflect the provisions of the FY 

2023 NDAA. 

Waiver of Notice of Proposed Rule 

Making 

OPM is issuing this rulemaking as an 

interim final rule because it has 

determined that, under the 

Administrative Procedure Act (APA), 5 

U.S.C. 553(b)(3)(B), it would be 

impracticable and contrary to the public 

interest to delay a final regulation until 

a public notice and comment process 

has been completed. OPM is also 

waiving general notice of proposed 

rulemaking under the Civil Service 

Reform Act’s parallel rulemaking 

provisions at 5 U.S.C. 1103(b)(3) 

because the interim rule is necessary to 

be implemented expeditiously as a 

result of a statutory change to enhance 

the recruitment and employment of 

military spouses in the Federal 

government. 

Accordingly, to ensure the regulations 

accurately reflect the current state of the 

law, OPM finds that good cause exists 

to waive the general notice of proposed 

rulemaking pursuant to 5 U.S.C. 

553(b)(3)(B). Expeditious issuance of 

this interim final regulation is required 

to prevent confusion in light of the (now 

invalid) August 13, 2023 sunset date 

reflected in the regulations for the 

expanded eligibility for noncompetitive 

appointment of spouses married to 

members of the armed forces on active 

duty. OPM will promulgate a final rule 

as soon as practical after receiving 

public comments on the interim final 

rule. 

Waiver of Delay in Effective Date 

Pursuant to 5 U.S.C. 553(d)(3), OPM 

finds that good cause exists to waive the 

delay in effective date and make these 

regulations effective in less than 30 

days. The delay in effective date is being 

waived because the provisions of the 

law extending the noncompetitive 

appointment authority became effective 

upon enactment, December 23, 2022, 

and a delay could result in certain 

military spouses improperly losing 

consideration for appointment. 

Expected Impact of This Interim Final 

Rule 

A. Statement of Need 

OPM is issuing this interim rule to 

implement statutory changes codified at 

5 U.S.C. 3330d, which extends the 

eligibility date for noncompetitive 

appointment of military spouses 

married to a member of the armed forces 

on active duty; and removes the 

temporary agency reporting 

requirements established under section 

573(d) of Public Law 115–232. These 

changes are required under the 

provisions of the FY 2023 NDAA. 

B. Impact 

OPM’s interim final rule allows 

spouses married to members of the 

armed forces on active duty to remain 


ddrumheller on DSK120RN23PROD with RULES1
66678 Federal Register / Vol. 88, No. 187 / Thursday, September 28, 2023 / Rules and Regulations 

1https://www.chcoc.gov/content/noncompetitiveappointment-certain-military-spouses-questionsand-answers. 

eligible for noncompetitive appointment 

under this hiring authority until 

December 31, 2028. On May 25, 2023, 

OPM issued CHCO Memo with updated 

guidance for this hiring authority, to 

include announcing the sunsetting date, 

the December 31, 2028 eligibility date, 

for spouses married to active duty 

members of the armed forces.1

Under the FY 2019 NDAA provisions, 

these spouses were eligible until August 

12, 2023. We anticipate that these 

statutory changes will improve and 

enhance the effectiveness of the 

noncompetitive appointment of these 

spouses consistent with E.O. 13832, 

which instructs agencies to consider 

military spouses to the greatest extent 

possible when filling positions in the 

competitive service. 

C. Regulatory Alternatives 

There are no regulatory alternatives to 

this interim final rule because OPM is 

required to implement the statute. 

D. Costs 

The costs associated with the interim 

final rule are minimal and include: the 

costs associated with the resources 

needed to process a potentially higher 

volume of job applicants for Federal 

jobs, and the usual learning curve of 

implementing a regulatory change. To 

help minimize the latter costs, OPM 

intends to provide technical assistance 

upon request to any agency that may 

require such assistance. Because agency 

resources and the potential volume of 

increased job applicants vary, OPM 

cannot monetize the costs of these rules. 

E. Benefits 

The interim final rule will benefit 

military spouses married to military 

members on active duty and hiring 

agencies as well. This rule will make 

clear that these spouses are eligible for 

noncompetitive appointment under this 

hiring authority until December 31, 

2028, the sunset date of the FY 2023 

NDAA provisions. Additionally, this 

rule benefits agencies by relieving them 

of the duplicative reporting 

requirements established under the FY 

2019 NDAA provisions. 

Regulatory Review 

Executive Orders 13563, 12866, and 

14094 direct agencies to assess all costs 

and benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits 

(including potential economic, 

environmental, public health and safety 

effects, distributive impacts, and 

equity). In accordance with the 

provisions of Executive Order 12866, 

this interim final rule was reviewed by 

the Office of Management and Budget as 

a significant regulatory action, but not 

significant under Section (3)(f)(1) of 

Executive Order 14094. 

Regulatory Flexibility Act 

The Director of OPM certifies that this 

regulation will not have a significant 

economic impact on a substantial 

number of small entities because it 

applies only to Federal agencies and 

employees. 

E.O. 13132, Federalism 

This regulation will not have 

substantial direct effects on the States, 

on the relationship between the 

National Government and the States, or 

on distribution of power and 

responsibilities among the various 

levels of government. Therefore, in 

accordance with Executive Order 13132, 

OPM has determined that this interim 

final rule does not have federalism 

implications that require preparation of 

a federalism summary impact statement. 

E.O. 12988, Civil Justice Reform 

OPM has determined this interim 

final rule meets the relevant standards 

of Executive Order 12988. 

Unfunded Mandates Reform Act of 

1995 

This interim final rule will not result 

in the expenditure by State, local or 

tribal governments or the private sector 

of more than $100 million annually. 

Thus, no written assessment of 

unfunded mandates is required. 

Congressional Review Act 

The Congressional Review Act (5 

U.S.C. 801 et seq.) requires rules (as 

defined in 5 U.S.C. 804) to be submitted 

to Congress before taking effect. OPM 

will submit to Congress and the 

Comptroller General of the United 

States a report regarding the issuance of 

this action before its effective date, as 

required by 5 U.S.C. 801. OMB’s Office 

of Information and Regulatory Affairs 

has determined that this is not a ‘‘major 

rule’’ as defined by the Congressional 

Review Act (5 U.S.C. 804(2)). 

Paperwork Reduction Act of 1995 (44 

U.S.C. Chapter 35) 

This regulatory action will not impose 

any reporting or recordkeeping 

requirements under the Paperwork 

Reduction Act. 

List of Subjects in 5 CFR Part 315 

Government employees. 

Office of Personnel Management. 

Kayyonne Marston, 

Federal Register Liaison. 

Accordingly, OPM amends 5 CFR part 

315 as follows: 

PART 315—CAREER AND CAREERCONDITIONAL EMPLOYMENT 

■ 1. The authority citation for part 315 

is revised to read as follows: 

Authority: 5 U.S.C. 1302, 2301, 2302, 3301, 

and 3302; E.O. 10577, 19 FR 7521, 3 CFR, 

1954–1958 Comp., p. 218; and E.O. 13162, 65 

FR 43211, 3 CFR, 2000 Comp., p. 283, unless 

otherwise noted. Secs. 315.601 and 315.609 

also issued under 22 U.S.C. 3651 and 3652. 

Secs. 315.602 and 315.604 also issued under 

5 U.S.C. 1104. Sec. 315.603 also issued under 

5 U.S.C. 8151. Sec. 315.605 also issued under 

E.O. 12034, 43 FR 1917, 3 CFR, 1978 Comp., 

p. 111. Sec. 315.606 also issued under E.O. 

11219, 30 FR 6381, 3 CFR, 1964–1965 Comp., 

p. 303. Sec. 315.607 also issued under 22 

U.S.C. 2560. Sec. 315.608 also issued under 

E.O. 12721, 55 FR 31349, 3 CFR, 1990 Comp., 

p. 293. Sec. 315.610 also issued under 5 

U.S.C. 3304(c). Sec. 315.611 also issued 

under 5 U.S.C. 3304(f). Sec. 315.612 also 

issued under E.O. 13473, 73 FR 56703, 3 

CFR, 2008 Comp., p. 241; Sec. 566, Pub. L. 

112–239, 126 Stat. 1632 (5 U.S.C. 3330d); 

Sec. 1131, Pub. L. 114–328, 130 Stat. 2000 (5 

U.S.C. 3330d(c)); Sec. 573, Pub. L. 115–232, 

132 Stat. 1636 (5 U.S.C. 3330d); and E.O. 

13832, 83 FR 22343, 3 CFR, 2018 Comp., p. 

808. Sec. 315.708 also issued under E.O. 

13318, 68 FR 66317, 3 CFR, 20043 Comp., p. 

265. Sec. 315.710 also issued under E.O. 

12596, 52 FR 17537, 3 CFR, 1987 Comp., p. 

229; E.O. 13832, 83 FR 22343, 3 CFR, 2018 

Comp., p. 808; and Sec. 573, Pub. L. 115–232, 

132 Stat. 1636 (5 U.S.C. 3330d), Sec. 1111, 

Pub. L. 117–263, 136 Stat. 2395 (5 U.S.C. 

3330d). 

Subpart F—Career or Career 

Conditional Appointment Under 

Special Authorities 

■ 2. Amend § 315.612 by: 

■ a. Revising paragraphs (c), (d), and (e) 

by replacing each occurrence of ‘‘August 

12, 2023’’ with ‘‘December 31, 2028’’. 

■ b. Revising paragraphs (c), (d), and (e) 

by replacing each occurrence of ‘‘August 

13, 2023’’ with ‘‘January 1, 2029’’. 

■ c. Revising paragraph (h) to read as 

follows. 

§ 315.612 Noncompetitive appointment of 

certain military spouses. 

* * * * * 

(h) Agency reporting requirements. (1) 

As required by Executive Order 13832, 

each agency shall report annually (by 

December 31st of each year) to OPM and 

the Department of Labor on: 

(i) The number of positions made 

available under the military spouse 

hiring authority; 


ddrumheller on DSK120RN23PROD with RULES1
Federal Register / Vol. 88, No. 187 / Thursday, September 28, 2023 / Rules and Regulations 66679 

(ii) The number of applications 

submitted under the military spouse 

hiring authority; 

(iii) The number of military spouses 

appointed under the military spouse 

hiring authority during the preceding 

fiscal year; and 

(iv) Actions taken to advertise the 

military spouse hiring authority, and 

any other actions taken to promote the 

hiring of military spouses. 

(2) Agencies must send their reports 

electronically to OPM’s Employee 

Services, VETS Office at 

militaryspouse@opm.gov. 

(3) Agencies are also required to send 

their reports separately and directly to 

Department of Labor (DOL) at 

milspouse@dol.gov. 

[FR Doc. 2023–21254 Filed 9–27–23; 8:45 am] 

BILLING CODE 6325–39–P 

OFFICE OF PERSONNEL 

MANAGEMENT 

5 CFR Part 843 

[Docket ID: OPM–2023–0008] 

RIN 3206–AO55 

Federal Employees’ Retirement 

System; Present Value Conversion 

Factors for Spouses of Deceased 

Separated Employees 

AGENCY: Office of Personnel 

Management. 

ACTION: Final rule. 

SUMMARY: The Office of Personnel 

Management (OPM) is adopting its 

proposed rule to revise the table of 

reduction factors for early commencing 

dates of survivor annuities for spouses 

of separated employees who die before 

the date on which they would be 

eligible for unreduced deferred 

annuities. The annuity factor for 

spouses of deceased employees who die 

in service when those spouses elect to 

receive the basic employee death benefit 

in 36 installments under the Federal 

Employees’ Retirement System (FERS) 

Act of 1986 remains unchanged. These 

revisions are necessary to ensure that 

the tables conform to the economic and 

demographic assumptions adopted by 

the Board of Actuaries and published in 

the Federal Register on April 14, 2023, 

as required by law. 

DATES: This rule is effective October 1, 

2023. 

FOR FURTHER INFORMATION CONTACT: 

Karla Yeakle, (202) 606–0299. 

SUPPLEMENTARY INFORMATION: On April 

14, 2023, OPM published a notice at 88 

FR 23108 in the Federal Register to 

revise the normal cost percentages 

under the Federal Employees’ 

Retirement System (FERS) Act of 1986, 

Public Law 99–335, 100 Stat. 514, as 

amended, based on economic 

assumptions and demographic factors 

adopted by the Board of Actuaries of the 

Civil Service Retirement System. By 

statute under 5 U.S.C. 8461(i), the 

revisions to the actuarial assumptions 

require corresponding changes in factors 

used to produce actuarially equivalent 

benefits when required by the FERS Act. 

As a result, on July 14, 2023, at 88 FR 

45100, OPM published a proposed rule 

in the Federal Register to revise the 

table of reduction factors in 5 CFR part 

843, Appendix A to subpart C for early 

commencing dates of survivor annuities 

for spouses of separated employees who 

die before the date on which they would 

be eligible for unreduced deferred 

annuities. The annuity factor for 

spouses of deceased employees who die 

in service when those spouses elect to 

receive the basic employee death benefit 

in 36 installments under 5 CFR 843.309 

remains unchanged. 

OPM received one comment in 

response to its proposed rule. The 

commentor questioned whether this 

rule change will affect the cost to the 

Federal retirement systems. Any 

potential cost impact to the retirement 

systems would merely be costs 

associated with complying with the 

statutory requirements under 5 U.S.C. 

8442(c)(2)(B)(ii) and 5 U.S.C. 8461(i). 

The provision under 5 U.S.C. 

8442(c)(2)(B)(ii) requires that if a 

survivor of a former Federal employee 

elects to receive a survivor annuity 

immediately upon the death of the 

former employee (instead of electing to 

wait to receive the survivor annuity 

until the deceased former employee 

would have otherwise been entitled to 

an unreduced deferred annuity benefit), 

then OPM must reduce the survivor 

annuity so it is ‘‘actuarially equivalent’’ 

to the present value of what the survivor 

annuitant would have received had the 

survivor elected the later survivor 

annuity commencing date. The statutory 

provision under 5 U.S.C. 8461(i) 

provides that OPM must determine 

‘‘actuarial equivalence’’ using the same 

economic assumptions most recently 

used by the Board of Actuaries for 

valuation of the FERS based on dynamic 

assumptions. Therefore, any potential 

cost impacts to the retirement systems 

are the result of changes to OPM’s 

calculations of actuarial equivalence 

using the most recent dynamic 

assumptions used by the Board of 

Actuaries as required under 5 U.S.C. 

8442(c)(2)(B)(ii) and 5 U.S.C. 8461(i). 

Additionally, considering the small 

number of survivor annuities affected, 

OPM does not anticipate this rule will 

have substantial cost impact to the 

retirement systems. 

The effective date of a substantive 

rule is normally delayed by 30 days. See 

5 U.S.C. 553(d). OPM published notice 

of the normal cost percentages on April 

14, 2023, with an effective date of 

October 1, 2023. Based on the same 

economic assumptions as the normal 

cost percentages, OPM published notice 

of conversion factors on July 14, 2023, 

and provided a 30-day comment period. 

OPM provided notice of the October 1, 

2023, effective date for the conversion 

factors in its July 14, 2023, proposed 

rule and received no comments 

regarding the date. Delaying the 

effective date by 30 days is unnecessary 

as this is a routine, technical rule to 

update the conversion factors to align 

with the economic assumptions 

underlying the normal cost percentages. 

Furthermore, the normal cost 

percentages are used to calculate 

payments into the Civil Service 

Retirement and Disability Fund (Fund) 

and failing to adjust the conversion 

factors at the same time could result in 

a liability to the Fund. Accordingly, it 

is also in the public interest to ensure 

consistency between the economic 

assumptions underlying the normal cost 

percentages and the conversion factors. 

Finally, ensuring the effective dates for 

the two rules are in alignment complies 

with 5 U.S.C. 8442 and 8461(i). 

Therefore, OPM finds there is good 

cause to make the rule effective October 

1, 2023. 

Expected Impact of This Rule 

OPM is adopting its proposed rule to 

revise the table of reduction factors for 

early commencing dates of survivor 

annuities for spouses of separated 

employees who die before the date on 

which they would be eligible for 

unreduced deferred annuities. The 

factors that are in effect can be found in 

appendix A to subpart C of 5 CFR part 

843. 

Of all the applications for survivor 

annuity death benefits OPM receives 

annually, OPM expects this rule to 

affect approximately one percent of 

those survivor annuity death 

applications it receives that are based on 

the death of a separated employee. Of 

the changes this rule implements, the 

most significant change is to conform 

the factors to the revised actuarial 

assumptions when the current or former 

spouse elects to receive an adjusted 

annuity beginning on the day after the 

death of the separated employee, such 

that the annuity is reduced using the 

factors in appendix A to subpart C of 5 


ddrumheller on DSK120RN23PROD with RULES1