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

12122 

Vol. 72, No. 50 

Thursday, March 15, 2007 

OFFICE OF PERSONNEL 

MANAGEMENT 

5 CFR Part 351 

RIN 3206–AL19 

Representative Rate; Order of Release 

From Competitive Level; Assignment 

Rights 

AGENCY: Office of Personnel 

Management. 

ACTION: Proposed rule with request for 

comments. 

SUMMARY: The Office of Personnel 

Management (OPM) is issuing proposed 

regulations clarifying representative rate 

as used in OPM’s retention regulations. 

These regulations clarify how an agency 

determines employees’ retention rights 

when the agency has positions in one or 

more pay bands. These regulations also 

clarify the order in which an agency 

releases employees from a competitive 

level. Finally, these regulations clarify 

how an agency determines employees’ 

retention rights when a competitive area 

includes more than one local 

commuting area. 

DATES: We will consider comments 

received on or before May 14, 2007. 

ADDRESSES: You may submit comments, 

identified by RIN 3206–AL19, by any of 

the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• E-mail: employ@opm.gov. Include 

‘‘RIN 3206–AL19’’ in the subject line of 

the message. 

• Fax: (202) 606–2329. 

• Mail: 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. 

• Hand Delivery/Courier: OPM, Room 

6551, 1900 E Street, NW., Washington, 

DC 20415. 

FOR FURTHER INFORMATION CONTACT: 

Thomas A. Glennon by telephone on 

202–606–0960, by FAX on 202–606– 

2329, by TDD on 202–418–3134, or by 

e-mail at employ@opm.gov. 

SUPPLEMENTARY INFORMATION: 

Representative Rate 

To determine released competing 

employees’ rights under OPM’s 

reduction in force regulations in part 

351 of title 5, Code of Federal 

Regulations (CFR), an agency may need 

to compare positions to determine the 

employee’s eligibility to ‘‘bump’’ or 

‘‘retreat’’ to a position in a different pay 

schedule. When two or more positions 

are in different pay schedules, the 

agency compares the representative rate 

of the positions to determine equivalent 

grade levels and the best offer of 

assignment for the released employee. 

The agency does not use 

representative rates to determine 

released employees’ retention standing 

when all positions are in the same pay 

schedule. In this situation, the agency 

directly compares the grades or levels of 

the positions. 

Section 351.203 of OPM’s current 

reduction in force regulations defines 

representative rate as (1) the fourth step 

of the grade for a position under the 

General Schedule (GS), (2) the 

prevailing rate for a position under the 

Federal Wage System (FWS), or similar 

wage-determining procedure, and (3) for 

other positions (e.g., positions in an 

ungraded pay system, pay band 

positions, negotiated pay systems), the 

rate designated by the agency as 

representative of the position. 

OPM proposes to update the 

definition of representative rate in 

§ 351.203 with the following revisions: 

1. New paragraph (1) in the definition 

provides that representative rate is the 

fourth step of the grade for a position 

covered by the General Schedule, using 

the applicable locality rate authorized 

by 5 U.S.C. 5304 and 5 CFR part 531, 

subpart F, for GS positions in the 48 

contiguous states. If the competitive 

area includes one local commuting area 

within a single locality pay area, the 

agency uses the same locality-adjusted 

representative rate for all GS positions 

at the same grade in the competitive 

area (e.g., all GS–7 positions have the 

same representative rate without regard 

to other pay such as special rates). For 

information, new paragraph (c)(5) of 

§ 351.403 explains that the agency 

selects a single locality-adjusted 

representative rate for all GS positions 

at the same grade when a competitive 

area includes more than one local 

commuting area covering more than one 

locality pay area. 

Under the current definition in 

§ 351.203, representative rate for GS 

positions does not include locality 

payments authorized by 5 U.S.C. 5304 

and 5 CFR part 531, subpart F. In 

contrast, pay for FWS positions includes 

a locality component that is defined as 

basic pay and is included in the current 

definition of representative rate. 

Our proposed change includes 

locality payments in the representative 

rate of GS positions located in the 48 

contiguous states. This will allow 

agencies to determine employees’ 

representative rates using a comparable 

locality component for both GS and 

FWS positions. 

2. New paragraph (2) in the definition 

continues current policy that 

representative rate is the prevailing rate 

for a position covered by an FWS or 

similar wage-determining procedure. 

3. New paragraph (3) in the definition 

provides that for positions in a pay 

band, representative rate is the rate the 

agency designates as representative of 

that pay band. Consistent with the 

inclusion of locality payments in the 

representative rates for GS positions, the 

proposed regulations also require 

agencies to include in the representative 

rate for a pay band any locality payment 

under 5 U.S.C. 5304 (or equivalent 

payment under other legal authority) 

authorized for a position in that pay 

band for more equitable position 

comparisons. 

For example, the agency could 

establish a single representative rate for 

a pay band that includes administrative 

and support positions that would 

otherwise be classified from GS–5 

through GS–7, or equivalent. 

The current definition of 

representative rate in § 351.203 does not 

specifically address positions in a pay 

band. At present, for any positions other 

than GS and FWS (including positions 

in a banded system), the agency 

designates a rate that is representative of 

those positions. 

4. New paragraph (4) in the definition 

provides that for positions not covered 

by new paragraphs (1) through (3) (e.g., 

positions in an unclassified or 

negotiated pay system), the 

representative rate is the rate the agency 

designates as representative of the 


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position. Again, the proposed 

regulations require agencies to include 

any locality payment under 5 U.S.C. 

5304 (or equivalent payment under 

other legal authority) that applies to 

such a position in the representative 

rate that it designates. At present, as 

noted previously, for any positions 

other than GS and FWS (including 

positions in an unclassified or 

negotiated pay system), the agency 

designates a rate that is representative of 

those positions. 

We note that, as under the current 

reduction in force regulations, the 

definition of representative rate in the 

proposed regulations is different from 

the definition of representative rate for 

the purposes of grade and pay retention 

under 5 CFR 536.103, severance pay 

under 5 CFR 550.703, and discontinued 

service retirement under 5 CFR 

831.503(b)(3)(iv) and 842.206(c)(3)(iv). 

As under the current rules, agencies 

would need to apply each definition 

separately. 

Competitive Level 

In § 351.403, we revise paragraph 

(c)(4) and add new paragraphs (a)(5), 

(c)(5), and (c)(6). 

New paragraph (a)(5) of § 351.403 

provides that if a competitive area 

includes positions in one or more pay 

bands, each pay band set of 

interchangeable positions under the 

competitive level provisions of 

paragraphs (a)(1) through (4) of 5 CFR 

351.403 is a separate competitive level. 

As appropriate, the entire pay band may 

be one competitive level, or the pay 

band may include multiple competitive 

levels. 

For example, a pay band includes 

positions traditionally classified from 

GS–4 through GS–7. If the employees’

official positions are identical (i.e., 

identical positions are always 

interchangeable), the pay band includes 

one competitive level with one 

representative rate even though 

employees’ actual salaries may vary 

under the agency’s pay band 

compensation system. If the pay band 

includes three official positions that are 

not interchangeable under the 

competitive level provisions of 

paragraphs (a)(1) through (4) of 

§ 351.403, the pay band includes three 

competitive levels with the agency 

determining the appropriate 

representative rate for each level. 

New paragraph (c)(5) of § 351.403 

provides that an agency does not 

establish separate reduction in force 

competitive levels solely on the basis of 

a difference in GS locality payments 

under 5 U.S.C. 5304 when a competitive 

level includes more than one locality 

pay area listed in § 531.603 of this 

chapter. If a competitive area includes 

more than one local commuting area 

covering more than one locality pay 

area, the agency establishes GS 

competitive levels on the basis of the 

representative rates for one local 

commuting area and locality pay area 

within the competitive area. For 

example, if a competitive area includes 

GS positions in both Norfolk and 

Richmond, Virginia, the agency would 

decide whether to establish GS 

competitive levels on the basis of the 

representative rate in Norfolk or the rate 

in Richmond. 

Current paragraph (c)(4) of § 351.403 

contains a comparable provision for 

FWS positions. Revised paragraph (c)(4) 

clarifies this provision. For example, if 

a competitive area includes FWS 

positions in both Pensacola, Florida, 

and Gulfport, Mississippi, the agency 

would decide whether to establish FWS 

competitive levels on the basis of the 

representative rate in Pensacola or the 

rate in Gulfport. 

New paragraph (c)(6) of § 351.403 

provides that if a competitive area 

includes more than one local 

commuting area, the agency uses the 

same local commuting area to establish 

competitive levels under paragraphs 

(c)(4) (FWS positions) and (c)(5) (GS 

positions) of § 351.403. In the example 

with Norfolk and Richmond, the agency 

would decide whether to establish all its 

competitive levels on the basis of 

representative rates in Norfolk, or the 

rates in Richmond. The agency may not 

use one local commuting area in the 

competitive area to establish 

representative rates for one pay 

schedule (e.g., GS), and a different local 

commuting area in the competitive area 

to establish representative rates for a 

different pay schedule (e.g., FWS) used 

in the same reduction in force. 

Release From the Competitive Level 

In § 351.601, current paragraph (b) is 

redesignated paragraph (c), paragraph 

(a) is revised, and new paragraph (b) is 

added. 

Revised paragraph (a) of § 351.601 

clarifies that the agency releases 

employees from a pay band in the same 

inverse order of retention standing that 

the agency releases other employees 

from a competitive level. New 

paragraph (b) of § 351.601 clarifies 

longstanding policy that, at its option, 

an agency may provide for intervening 

displacement within the competitive 

level before final release of the 

employee with the lowest-retention 

standing from the competitive level. 

Assignment Rights 

In § 351.701, paragraph (a) is revised 

and new paragraphs (g), (h), and (i) are 

added. 

New paragraph (g) of § 351.701 

provides that if a competitive area 

includes more than one local 

commuting area, the agency determines 

released employees’ assignment rights 

on the basis of the representative rates 

for the one local commuting area within 

the competitive area that the agency 

used to establish competitive levels 

under 5 CFR 351.403(c)(4), (5), and (6). 

New paragraph (h) explains how the 

agency determines a released 

employee’s assignment rights when all 

positions in a competitive area are pay 

band positions. A released employee 

has a potential assignment right to a 

position in an equivalent pay band or 

one pay band lower. A preference 

eligible with a service-connected 

disability of 30 percent or more has a 

potential assignment right to a position 

in an equivalent pay band or no more 

than two pay bands lower. The agency 

is responsible for determining the scope 

of assignment rights to other pay bands. 

New paragraph (i) explains how the 

agency determines a released 

employee’s assignment rights when a 

competitive area includes pay band 

positions and other positions not 

covered by a pay band. After the agency 

determines the representative rates of 

(1) positions not covered by a pay band 

(in new (i)(1)) and (2) positions covered 

by a pay band (in new paragraph (i)(2)), 

new paragraph (i)(3) provides that the 

agency applies the representative rate of 

each pay band position to positions not 

covered by a pay band to determine the 

potential assignment rights of 

employees released by reduction in 

force from pay band positions. 

For example, an agency has a pay 

band that includes positions 

traditionally classified from GS–4 

through GS–7. The employees’ official 

positions are identical and are otherwise 

interchangeable for purposes of the 

competitive level provisions in 5 CFR 

351.403(a). Under new paragraph (a)(5) 

of 5 CFR 351.403, the pay band 

comprises one competitive level with 

one representative rate even though 

employees’ actual salaries may vary. 

The agency would then use the 

representative rate of the pay band to 

determine whether employees in 

positions not included in a pay band 

have potential assignment rights to 

positions in the pay band. The agency 

would also use the representative rate of 

the pay band to determine whether pay 

band employees have potential 


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12124 Federal Register / Vol. 72, No. 50 / Thursday, March 15, 2007 / Proposed Rules 

assignment rights to positions not 

included in the pay band. 

For a second example, an agency 

again has a pay band that includes 

positions traditionally classified from 

GS–4 through GS–7. This time, the pay 

band includes three different official 

positions with different salaries. Under 

new paragraph (a)(5) of § 351.403, the 

agency finds that the pay band includes 

three competitive levels, each with its 

own representative rate. The agency 

would then use each of the three 

representative rates of the competitive 

levels within the pay band to determine 

whether employees in positions not 

included in a pay band have potential 

assignment rights to positions in the pay 

band. The agency would also use the 

representative rates of the pay band to 

determine whether pay band employees 

have potential assignment rights to 

positions not included in the pay band. 

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 351 

Administrative practice and 

procedure, Government employees. 

Office of Personnel Management. 

Linda M. Springer, 

Director. 

Accordingly, OPM proposes to amend 

part 351 of title 5, Code of Federal 

Regulations, as follows: 

PART 351—REDUCTION IN FORCE 

1. The authority citation for part 351 

continues to read as follows: 

Authority: 5 U.S.C. 1302, 3502, 3503; sec. 

351.801 also issued under E.O. 12828, 58 FR 

2965. 

2. In § 351.203, the definition of 

representative rate is revised to read as 

follows: 

§ 351.203 Definitions. 

In this part: 

* * * * * 

Representative rate means: 

(1) The fourth step of the grade for a 

position covered by the General 

Schedule, using the locality rate 

authorized by 5 U.S.C. 5304 and subpart 

F of part 531 of this chapter for General 

Schedule positions; 

(2) The prevailing rate for a position 

covered by a wage-board or similar 

wage-determining procedure; 

(3) For positions in a pay band, the 

rate (or rates) the agency designates as 

representative of that pay band or 

competitive levels within the pay band, 

including (as appropriate) any 

applicable locality payment authorized 

by 5 U.S.C. 5304 and subpart F of part 

531 of this chapter (or equivalent 

payment under other legal authority); 

and 

(4) For other positions (e.g., positions 

in an unclassified pay system), the rate 

the agency designates as representative 

of the position, including (as 

appropriate) any applicable locality 

payment authorized by subpart F of part 

531 (or equivalent payment under other 

legal authority). 

* * * * * 

3. In § 351.403, paragraph (c)(4) is 

revised, and paragraphs (a)(5), (c)(5), 

and (c)(6) are added, to read as follows: 

§ 351.403 Competitive Level. 

(a) * * * 

(5) If a competitive area includes 

positions in one or more pay bands, 

each set of interchangeable positions in 

the pay band under paragraphs (a)(1) 

through (4) of this section is a separate 

competitive level (e.g., with 

interchangeable positions under 

paragraphs (a)(1) through (4) of this 

section, each pay band is one 

competitive level; if the positions are 

not interchangeable under paragraphs 

(a)(1) through (4) of this section, the pay 

band may include multiple competitive 

levels). 

* * * * * 

(c) * * * 

(4) A difference in the local wage 

areas when a competitive area includes 

positions covered by more than one 

wage-board or similar wage-determining 

procedure; 

(5) A difference in locality payments 

under 5 U.S.C. 5304 and subpart F of 

part 531 of this chapter when a 

competitive level includes more than 

one locality pay area listed in § 531.603 

of this chapter; or 

(6) Representative rates in different 

local commuting areas when a 

competitive area includes General 

Schedule and wage grade positions in 

multiple General Schedule locality pay 

areas, and/or FWS local wage areas. 

4. Section 351.601 is revised to read 

as follows: 

§ 351.601 Order of release from 

competitive level. 

(a) Each agency must select competing 

employees for release from a 

competitive level (including release 

from a competitive level involving a pay 

band) under this part in the inverse 

order of retention standing, beginning 

with the employee with the lowest 

retention standing on the retention 

register. An agency may not release a 

competing employee from a competitive 

level while retaining in that level an 

employee with lower retention standing 

except: 

(1) As required under § 351.606 when 

an employee is retained under a 

mandatory exception or under § 351.806 

when an employee is entitled to a new 

written notice of reduction in force; or 

(2) As permitted under § 351.607 

when an employee is retained under a 

permissive continuing exception or 

under § 351.608 when an employee is 

retained under a permissive temporary 

exception. 

(b) At its option an agency may 

provide for intervening displacement 

within the competitive level before final 

release of the employee with the lowestretention standing from the competitive 

level. 

(c) When employees in the same 

retention subgroup have identical 

service dates and are tied for release 

from a competitive level, the agency 

may select any tied employee for 

release. 

5. In section 351.701, paragraphs (g), 

(h), and (i) are added, to read as follows: 

§ 351.701 Assignment involving 

displacement. 

* * * * * 

(g) If a competitive area includes more 

than one local commuting area, the 

agency determines assignment rights 

under this part on the basis of the 

representative rates for one local 

commuting area within the competitive 

area (i.e., the same local commuting area 

used to establish competitive levels 

under § 351.403(c)(4), (5), and (6)). 

(h) If a competitive area includes 

positions under one or more pay bands, 

a released employee shall be assigned in 

accordance with paragraphs (a) through 

(d) of this section to a position in an 

equivalent pay band or one pay band 

lower, as determined by the agency, 

than the pay band from which released. 

A preference eligible with a serviceconnected disability of 30 percent or 

more must be assigned in accordance 

with paragraphs (a) through (d) of this 

section to a position in an equivalent 

pay band or up to two pay bands lower, 

as determined by the agency, than the 

pay band from which released. 

(i) If a competitive area includes 

positions under one or more pay bands, 

and other positions not covered by a pay 

band (e.g., GS and/or FWS positions), 


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Federal Register / Vol. 72, No. 50 / Thursday, March 15, 2007 / Proposed Rules 12125 

the agency provides assignment rights 

under this part by: 

(1) Determining the representative 

rate of positions not covered by a pay 

band consistent with § 351.203; 

(2) Determining the representative 

rate of each pay band, or competitive 

level within the pay band(s), consistent 

with § 351.203; 

(3) As determined by the agency, 

providing assignment rights under 

paragraph (b) of this section (bumping), 

or paragraphs (c) and (d) of this section 

(retreating), consistent with the grade 

intervals covered in paragraphs (b)(2) 

and (c)(2) of this section, and the pay 

band intervals in paragraph (h) of this 

section. 

[FR Doc. E7–4701 Filed 3–14–07; 8:45 am] 

BILLING CODE 6325–39–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2007–27560; Directorate 

Identifier 2006–NM–211–AD] 

RIN 2120–AA64 

Airworthiness Directives; Boeing 

Model 757–200, –200PF, and –200CB 

Series Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: The FAA proposes to adopt a 

new airworthiness directive (AD) for 

certain Boeing Model 757–200, –200PF, 

and –200CB series airplanes. This 

proposed AD would require inspections 

to detect scribe lines and cracks of the 

fuselage skin, lap joints, circumferential 

butt splice strap, and external and 

internal approved repairs; and related 

investigative/corrective actions if 

necessary. This proposed AD results 

from reports of scribe lines adjacent to 

the skin lap joints. We are proposing 

this AD to detect and correct cracks, 

which could grow and cause rapid 

decompression of the airplane. 

DATES: We must receive comments on 

this proposed AD by April 30, 2007. 

ADDRESSES: Use one of the following 

addresses to submit comments on this 

proposed AD. 

• DOT Docket Web site: Go to http:// 

dms.dot.gov and follow the instructions 

for sending your comments 

electronically. 

• Government-wide rulemaking Web 

site: Go to http://www.regulations.gov 

and follow the instructions for sending 

your comments electronically. 

• Mail: Docket Management Facility, 

U.S. Department of Transportation, 400 

Seventh Street, SW., Nassif Building, 

room PL–401, Washington, DC 20590. 

• Fax: (202) 493–2251. 

• Hand Delivery: Room PL–401 on 

the plaza level of the Nassif Building, 

400 Seventh Street, SW., Washington, 

DC, between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

Contact Boeing Commercial 

Airplanes, P.O. Box 3707, Seattle, 

Washington 98124–2207, for the service 

information identified in this proposed 

AD. 

FOR FURTHER INFORMATION CONTACT: 

Dennis Stremick, Aerospace Engineer, 

Airframe Branch, ANM–120S, FAA, 

Seattle Aircraft Certification Office, 

1601 Lind Avenue, SW., Renton, 

Washington 98057–3356; telephone 

(425) 917–6450; fax (425) 917–6590. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

We invite you to submit any relevant 

written data, views, or arguments 

regarding this proposed AD. Send your 

comments to an address listed in the 

ADDRESSES section. Include the docket 

number ‘‘FAA–2007–27560; Directorate 

Identifier 2006–NM–211–AD’’ at the 

beginning of your comments. We 

specifically invite comments on the 

overall regulatory, economic, 

environmental, and energy aspects of 

the proposed AD. We will consider all 

comments received by the closing date 

and may amend the proposed AD in 

light of those comments. 

We will post all comments we 

receive, without change, to http:// 

dms.dot.gov, including any personal 

information you provide. We will also 

post a report summarizing each 

substantive verbal contact with FAA 

personnel concerning this proposed AD. 

Using the search function of that Web 

site, anyone can find and read the 

comments in any of our dockets, 

including the name of the individual 

who sent the comment (or signed the 

comment on behalf of an association, 

business, labor union, etc.). You may 

review DOT’s complete Privacy Act 

Statement in the Federal Register 

published on April 11, 2000 (65 FR 

19477–78), or you may visit http:// 

dms.dot.gov. 

Examining the Docket 

You may examine the AD docket on 

the Internet at http://dms.dot.gov, or in 

person at the Docket Management 

Facility office between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. The Docket 

Management Facility office (telephone 

(800) 647–5227) is located on the plaza 

level of the Nassif Building at the DOT 

street address stated in the ADDRESSES

section. Comments will be available in 

the AD docket shortly after the Docket 

Management System receives them. 

Discussion 

We have received reports of scribe 

lines found adjacent to the skin lap 

joints on Model 757–200 airplanes. The 

scribe lines appear to have been made 

on the skin when sealant was removed 

as part of preparation of the airplane for 

repainting. The airplanes had between 

13,300 and 16,800 flight cycles. 

Although no cracks as a result of scribe 

lines have been reported on Model 757 

airplanes, scribe lines have caused 

cracks on other airplanes. Undetected 

cracking, if not corrected, could grow 

and result in rapid decompression. 

Related AD 

This proposed AD is similar to AD 

2006–07–12, amendment 39–14539 (71 

FR 16211), March 31, 2006. That AD 

applies to all Boeing Model 737–100, 

–200, –200C, –300, –400, and –500 

series airplanes. That AD requires a onetime inspection for scribe lines and 

cracks in the fuselage skin at certain lap 

joints, butt joints, external repair 

doublers, and other areas; and related 

investigative/corrective actions if 

necessary. That AD resulted from 

reports of fuselage skin cracks adjacent 

to the skin lap joints on airplanes that 

had scribe lines. 

Relevant Service Information 

We have reviewed Boeing Alert 

Service Bulletin 757–53A0092, Revision 

1, dated January 10, 2007. The service 

bulletin describes procedures for 

removing paint and sealant at the 

applicable zonal locations, and doing 

detailed inspections to detect scribe 

lines and cracks of the fuselage skin, lap 

joints, circumferential butt splice strap, 

and external and internal approved 

repairs. The service bulletin specifies 

repairing scribe lines before further 

flight, except when a limited return to 

service (LRTS) program for qualifying 

scribe lines would allow return to 

service for a limited period before scribe 

lines are repaired. 

The LRTS program includes repetitive 

inspections to detect cracks where 

scribe lines were found. To qualify for 

an LRTS program, a scribe line must 

meet certain criteria including the total 

flight cycles on the airplane, and the 

location and extent of the scribe lines. 


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