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. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

44199

Vol. 62, No. 161

Wednesday, August 20, 1997

OFFICE OF PERSONNEL

MANAGEMENT

5 CFR Parts 315 and 362

RIN 3206–AH53

Presidential Management Intern

Program

AGENCY: Office of Personnel

Management.

ACTION: Final rule.

SUMMARY: The Office of Personnel

Management (OPM) is revising its

regulations to clarify the nomination,

selection, and employment procedures

of the Presidential Management Intern

(PMI) Program. The revised regulations

also clarify that PMI’s do not serve

probation when converted to career or

career-conditional appointments.

EFFECTIVE DATES: August 20, 1997.

FOR FURTHER INFORMATION CONTACT:

Kathleen Keeney, 215–597–1920, FAX

215–597–8136.

SUPPLEMENTARY INFORMATION: OPM

issued interim regulations with a

request for comments on January 22,

1997 (62 FR 3193). Comments were

received from one Federal agency. The

agency suggested that the reference in

§ 362.202(a), concerning OPM approval

of internship extensions under

§ 362.202(b), is incorrect. The reference

will now read § 362.203(b). In addition,

in § 362.202(d) addressing grade and

pay, we are inserting the word ‘‘range’’

in front of ‘‘consistent’’ which was

inadvertently omitted.

The agency also suggested that OPM

take the lead in providing agencies with

individual development plan models,

and inform agency components that

they are responsible for the 80-hour

training requirement and the required

one rotational assignment. We did not

adopt these suggestions as regulatory

additions, but OPM will provide

additional guidance to agencies

concerning various aspects of the PMI

Program on a continuing and regular

basis. However, we believe that the

agency headquarters office also has a

responsibility to remind their

components of their responsibilities to

PMI’s. Ultimately, the headquarters

office remains accountable for its

components’ actions concerning the

PMI program.

With these changes, we are adopting

the proposed regulations as final.

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.

List of Subjects in 5 CFR Parts 315 and

362

Administrative practice and

procedure, Government employees.

U.S. Office of Personnel Management.

James B. King,

Director.

Accordingly, OPM is amending part

315 and part 362 of title 5, Code of

Federal Regulations, as follows:

PART 315—CAREER AND CAREERCONDITIONAL EMPLOYMENT

1. The authority citation for part 315

continues to read as follows:

Authority: 5 U.S.C. 1302, 3301, 3302; E.O.

10577, 3 CFR, 1954–1958 Comp., page 218,

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.

Secs. 315.603 also issued under 5 U.S.C.

8151.

Secs. 315.605 also issued under E.O. 12034,

3 CFR, 1978 Comp., p. 111.

Secs. 315.606 also issued under E.O. 11219,

3 CFR, 1964–1965 Comp., p. 303.

Secs. 315.607 also issued under 22 U.S.C.

2506.

Secs. 315.608 also issued under E.O. 12721,

CFR, Comp., p. 293.

Secs. 315.610 also issued under 5 U.S.C.

3304(d).

Sesc. 315.710 also issued under E.O. 12596,

3 CFR, 1987 Comp., p. 229.

Subpart I also issued under 5 U.S.C. 3321,

E.O. 12107, 3 CFR, 1978 Comp., p. 264.

2. Section 315.708 is revised to read

as follows:

§ 315.708 Conversion based on service as

a Presidential Management Intern.

(a) Agency authority. An agency may

convert noncompetitively to career or

career-conditional employment, a

Presidential Management Intern who:

(1) Has satisfactorily completed a 2-

year Presidential Management

Internship, under § 213.3102(ii) of this

chapter, at the time of conversion;

(2) Is recommended for conversion

within 90 calender days before

completion of the Internship; and

(3) Meets the citizenship requirement.

(b) Tenure on conversion. (1) Except

as provided in paragraph (b)(2) of this

section, a person appointed under

paragraph (a) of this section becomes a

career-conditional employee.

(2) A person appointed under

paragraph (a) of this section becomes a

career employee when he or she has

completed the service requirement for

career tenure or is excepted from it

under § 315.201(c) of this chapter.

(c) Acquisition of competitive status.

A person converted to career or careerconditional employment under this

section does not serve probation and

acquires competitive status immediately

upon conversion.

3. Part 362 is revised to read as

follows:

PART 362—PRESIDENTIAL

MANAGEMENT INTERN PROGRAM

Subpart A—Purpose and Definitions

Sec.

362.101 Purpose.

362.102 Definitions.

Subpart B—Program Administration

362.201 Nomination and selection.

362.202 Appointment and extensions.

362.203 Conversion to competitive service.

362.204 Resignation, termination, and

reduction in force.

362.205 Movement of interns between

Departments or Agencies.

362.206 Career development.

Authority: E.O.12364 of May 24, 1982, 3

CFR, 1982 Comp., p. 185.

Subpart A—Purpose and Definitions

§ 362.101 Purpose.

The Presidential Management Intern

(PMI) Program is designed to attract to

Federal service outstanding men and

women from a wide variety of academic

disciplines who have a clear interest in,

and commitment to, a career in the

analysis and management of public

policies and programs.
44200 Federal Register / Vol. 62, No. 161 / Wednesday, August 20, 1997 / Rules and Regulations

§ 362.102 Definitions.

(a) A Presidential Management Intern

is appointed in the excepted service

under § 213.3102(ii) of this chapter, in

an executive agency or department. The

individual must have completed a

graduate course of study at a qualifying

college or university, received the

nomination of the dean or academic

program director, successfully

completed an OPM-administered

assessment process, and been selected

and appointed by an agency for a 2-year

Presidential Management Internship.

(b) A qualifying college or university

is an academic institution formally

accredited by an accrediting

organization recognized by the Secretary

of the U.S. Department of Education (34

CFR part 602).

Subpart B—Program Administration

§ 362.201 Nomination and selection.

(a) Eligibility. Individuals eligible to

be nominated for the Program are

graduate students from a variety of

academic disciplines completing or

expecting to complete, during the

current academic year, an advanced

degree from a qualifying college or

university. These individuals must

demonstrate an exceptional ability, a

clear interest in, and a commitment to

a career in the analysis and management

of public policies and programs.

(b) Nomination procedure. (1) The

college or university making

nominations for the Program shall

establish a competitive nomination

process to ensure that all eligible

students are aware of the PMI Program

and how to apply for nomination. The

process will also ensure that applicants

receive careful and thorough review,

and that all receive equal opportunity

for nomination.

(2) Students must be nominated by

the dean, chairperson, or academic

program director.

(3) Students who apply to be

nominated must be rated qualified or

not qualified for nomination.

Nominations are made by school

officials through completion of the PMI

application form.

(4) Students eligible for veterans’

preference who apply for nomination

and are found qualified must be

nominated. Based on the documentation

provided by the student, the college or

university must determine preliminary

eligibility for veterans’ preference.

Students eligible for veterans’

preference who believe they met the

college or university’s nomination

qualification requirements, but were not

nominated, may request a review by the

OPM PMI Program office.

(c) Selection. Selection of Program

finalists will be based on an OPM

evaluation of the PMI application and a

structured assessment center process.

Veterans’ preference will be adjudicated

by OPM.

§ 362.202 Appointment and extensions.

(a) Appointing authority. The

appointment authority for Presidential

Management Interns is 5 CFR

213.3102(ii). Appointments cannot

exceed 2 years unless extended for up

to 1 additional year by the agency with

the approval of OPM under § 362.203(b).

(b) Completion of degree

requirements. Agencies must assure that

all graduate degree requirements have

been met at the time of appointment.

Interns may not be appointed prior to

the completion of all graduate degree

requirements. Exceptions may be made

on an individual basis, but in no case

will an intern be allowed to remain in

the program if all degree requirements

are not completed by August 31 of the

year in which the intern was selected as

a finalist.

(c) Time period. Agencies may

appoint individuals with formal

notification of their selection as PMI

finalists no later than December 31 of

the year in which they were selected as

finalists. Exceptions may be granted on

a case-by-case basis upon request of the

agency to the OPM PMI Program office

no later than December 15 of the year

in which the interns were finalists.

(d) Grade and pay. Initial

appointments must be made at the grade

9, step 1 level of the General Schedule.

If an intern has had prior higher level

Federal Government service, the

individual may be placed at a higher

step within the GS–9 rate range

consistent with the maximum payable

rate rules under 5 CFR 531.203(c).

Promotion to the GS–11 level may occur

after satisfactory completion of 1 year of

continuous service. Under 5 CFR

213.3102(ii), intern positions are

authorized only at the GS–9 and GS–11

levels. Therefore, the agency has the

option of promoting an intern to the

GS–12 level on or after the date of

conversion to the competitive service.

(e) Citizenship. Interns do not need to

be United States citizens during their

internship. However, if a noncitizen

intern is hired, the agency must make

sure that:

(1) The intern is lawfully admitted to

the United States as a permanent

resident or otherwise is authorized to be

employed by the U.S. Immigration and

Naturalization Service;

(2) The agency is authorized to pay

the noncitizen under the annual

appropriations act ban or any agencyspecific enabling appropriation statute;

and

(3) The intern acquires United States

citizenship prior to conversion under 5

CFR 315.708.

(f) Extensions. Agencies must request,

in writing, OPM approval to extend an

internship for up to 1 additional year

beyond the authorized 2 years in order

to provide the intern with additional

training and developmental activities.

The request should be submitted no

later than 60 days prior to the end of the

initial 2-year period.

§ 362.203 Conversion to competitive

service.

(a) In accordance with 5 CFR 315.708,

employees who are United States

citizens and have successfully

completed Presidential Management

Internships may be converted

noncompetitively to career or careerconditional appointments in positions

for which they are qualified.

(b) Conversions will be effective on

the date the 2-year service requirement

is met, unless the internship is extended

by the agency, with approval of OPM,

for up to one additional year.

(c) Agencies must inform the OPM

PMI Program office when an individual

will not be converted.

§ 362.204 Resignation, termination, and

reduction in force.

(a) Resignation. An employee who

resigns during the internship does not

have reinstatement eligibility for

competitive service positions and

cannot be re-interned to the PMI

Program.

(b) Termination. The appointment of

a Presidential Management Intern

expires at the end of the 2-year

internship period. At that time, the

employing agency may, with no break in

service, convert the intern to a career or

career-conditional appointment in

accordance with 5 CFR 315.708, or

extend the internship in accordance

with § 362.202(b). If neither action is

taken, the PMI appointment terminates.

(c) Reduction in force. Presidential

Management Interns are in the excepted

service Tenure Group II for purposes of

§ 351.502 of this chapter.

§ 362.205 Movement of interns between

Departments or Agencies.

To move from one agency to another

during the internship, the intern must

separate from the current agency and be

reappointed under PMI appointment by

the new employing agency without a

break in service. The intern does not

begin a new 2-year internship period;

the time previously served under the

PMI Program counts toward the

completion of the 2-year period. The
Federal Register / Vol. 62, No. 161 / Wednesday, August 20, 1997 / Rules and Regulations 44201

new employing agency must notify the

OPM PMI Program office of the action.

§ 362.206 Career development.

(a) OPM responsibilities. OPM will:

(1) Provide orientation and graduation

programs for each intern class; and

(2) Serve as a clearinghouse of

available training opportunities.

(b) Agency responsibilities. Each

agency will:

(1) Work with the intern to develop a

written outline of core competencies

and technical skills (called an

individual development plan) the intern

must gain before conversion to a target

position;

(2) Provide at least 80 hours of formal

training a year, including training in

core competencies targeted to a

functional area into which the intern

will most likely be converted; and

(3) Provide at least one rotational

assignment to another functional area,

made at the discretion of the agency.

[FR Doc. 97–21981 Filed 8–19–97; 8:45 am]

BILLING CODE 6325–01–M

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection

Service

7 CFR Part 301

[Docket No. 97–085–1]

Mexican Fruit Fly Regulations;

Removal of Regulated Area

AGENCY: Animal and Plant Health

Inspection Service, USDA.

ACTION: Interim rule and request for

comments.

SUMMARY: We are amending the

regulations to remove the regulated

portion of Los Angeles County, CA,

from the list of areas regulated because

of the Mexican fruit fly, and to remove

California from the list of States

quarantined because of the Mexican

fruit fly. We have determined that the

Mexican fruit fly has been eradicated

from California and that restrictions on

the interstate movement of regulated

articles from California are no longer

necessary to prevent the spread of the

Mexican fruit fly into noninfested areas

of the United States. This action relieves

unnecessary restrictions on the

interstate movement of regulated

articles from the previously regulated

area.

DATES: Interim rule effective August 15,

1997. Consideration will be given only

to comments received on or before

October 20, 1997.

ADDRESSES: Please send an original and

three copies of your comments to

Docket No. 97–085–1, Regulatory

Analysis and Development, PPD,

APHIS, suite 3C03, 4700 River Road

Unit 118, Riverdale, MD 20737–1238.

Please state that your comments refer to

Docket No. 97–085–1. Comments

received may be inspected at USDA,

room 1141, South Building, 14th Street

and Independence Avenue SW.,

Washington, DC, between 8 a.m. and

4:30 p.m., Monday through Friday,

except holidays. Persons wishing to

inspect comments are requested to call

ahead on (202) 690–2817 to facilitate

entry into the comment reading room.

FOR FURTHER INFORMATION CONTACT: Mr.

Michael B. Stefan, Operations Officer,

Domestic and Emergency Operations,

PPQ, APHIS, 4700 River Road Unit 134,

Riverdale, MD 20737–1236, (301) 734–

8247; or e-mail:

mstefan@aphis.usda.gov.

SUPPLEMENTARY INFORMATION:

Background

The Mexican fruit fly, Anastrepha

ludens (Loew), is a destructive pest of

citrus and other types of fruit. The short

life cycle of the Mexican fruit fly allows

rapid development of serious outbreaks

that can cause severe economic losses in

commercial citrus-producing areas. The

Mexican fruit fly regulations, contained

in 7 CFR 301.64 through 301.64–10

(referred to below as the regulations),

quarantine infested States, designate

regulated areas, and restrict the

interstate movement of specified fruits

and other regulated articles from

regulated areas in order to prevent the

spread of the Mexican fruit fly to

noninfested areas of the United States.

Quarantined States are listed in

§ 301.64(a), and regulated areas are

listed in § 301.64–3(c).

In an interim rule effective January

22, 1996, and published in the Federal

Register on January 26, 1996 (61 FR

2391–2393, Docket No. 95–089–1), we

quarantined the State of California and

designated a portion of Los Angeles

County as a regulated area because that

area had been found to be infested with

the Mexican fruit fly.

Based on insect trapping surveys by

inspectors of California State and

county agencies and by inspectors of the

Animal and Plant Health Inspection

Service, we have determined that the

Mexican fruit fly has been eradicated

from Los Angeles County, CA. The last

finding of Mexican fruit fly thought to

be associated with the infestation in this

area was made on February 24, 1997.

Since then no evidence of Mexican

fruit fly infestations has been found in

this area, and we have determined that

the Mexican fruit fly no longer exists in

Los Angeles County. Therefore, we are

removing this area from the list of areas

in § 301.64–3(c) regulated because of the

Mexican fruit fly. As a result of this

action there is no longer an area in

California regulated because of the

Mexican fruit fly. Because we have

determined that the Mexican fruit fly no

longer exists in California, we are

removing California from the list in

§ 301.64(a) of States quarantined

because of the Mexican fruit fly.

Immediate Action

The Administrator of the Animal and

Plant Health Inspection Service has

determined that there is good cause for

publishing this interim rule without

prior opportunity for public comment.

Immediate action is warranted to

remove unnecessary restrictions on the

public. The area in California affected

by this document was regulated due to

the possibility that the Mexican fruit fly

could be spread to noninfested areas of

the United States. Since this situation

no longer exists, the continued

regulated status of this area would

impose unnecessary restrictions.

Because prior notice and other public

procedures with respect to this action

are contrary to the public interest under

these conditions, we find good cause

under 5 U.S.C. 553 to make it effective

upon signature. We will consider

comments that are received within 60

days of publication of this rule in the

Federal Register. After the comment

period closes, we will publish another

document in the Federal Register. It

will include a discussion of any

comments we receive and any

amendments we are making to the rule

as a result of the comments.

Executive Order 12866 and Regulatory

Flexibility Act

This rule has been reviewed under

Executive Order 12866. For this action,

the Office of Management and Budget

has waived its review process required

by Executive Order 12866.

This rule removes restrictions on the

interstate movement of regulated

articles from a portion of Los Angeles

County, CA. Within this regulated area,

there are 833 small entities that may be

affected by this rule. These include 486

fruit sellers, 259 distributors, 47

nurseries, 30 swap meets, 4 food banks,

4 growers, 2 community gardens, and 1

food processor. These 830 entities

comprise less than 1 percent of the total

number of similar enterprises operating

in the State of California.

These small entities sell regulated

articles primarily for local intrastate, not