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

84685 

Vol. 88, No. 233 

Wednesday, December 6, 2023 

OFFICE OF PERSONNEL 

MANAGEMENT 

5 CFR Parts 315 and 335 

RIN 3206–AN28 

Appointment of Current and Former 

Land Management Employees 

AGENCY: Office of Personnel 

Management. 

ACTION: Final rule. 

SUMMARY: The Office of Personnel 

Management (OPM) is issuing final 

regulations to allow certain current and 

former employees of a land management 

agency to compete for a permanent 

position at such agency, when the 

agency is accepting applications from 

individuals within the agency’s 

workforce under promotion and internal 

placement (i.e., merit promotion) 

procedures; or at any hiring agency 

when the agency is accepting 

applications from individuals outside 

its own workforce under merit 

promotion procedures. The intended 

effect of this hiring authority is to 

provide a pathway for current and 

former land management employees 

currently serving (or served) under timelimited appointments, who have not 

received a permanent appointment in 

the competitive service, to compete for 

vacant permanent Federal positions in 

the competitive service under merit 

promotion procedures. 

DATES: This rule is effective January 5, 

2024. 

FOR FURTHER INFORMATION CONTACT: 

Michelle T. Glynn, (202) 606–1571, by 

TDD: 1–800–877–8339, or email: 

michelle.glynn@opm.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

Under most circumstances, 

individuals who are serving (or served) 

under time-limited appointments are 

not eligible to compete under merit 

promotion procedures for permanent 

positions in the competitive service. 

Generally, positions filled under merit 

promotion procedures are only open to 

current career or career conditional 

employees to include certain veterans 

who are eligible under the Veterans 

Employment Opportunities Act (VEOA) 

of 1998, as amended. Because timelimited employees are not career or 

career conditional employees, they may 

never be considered for permanent 

positions under merit promotion 

procedures. To remedy this situation, 

Congress enacted the Land Management 

Workforce Flexibility Act (‘‘the Act’’) 

under 5 U.S.C. 9601 and 9602 to better 

assist certain time-limited employees in 

Federal land management agencies to 

compete for vacant permanent positions 

in the competitive service under merit 

promotion procedures. 

To implement the Act, OPM 

published proposed regulations in the 

Federal Register at 85 FR 29348 on May 

15, 2020. Specifically, OPM proposed to 

allow certain current and former land 

management employees who are serving 

(or served) under time-limited 

appointments and have not received a 

permanent position in the Federal 

government to compete for permanent 

positions under merit promotion 

procedures in 5 CFR parts 316 and 335. 

After considering the comments 

received, OPM is finalizing the 

proposed amendments with 

modifications as discussed in the next 

section. OPM is also adopting several 

non-substantive modifications from the 

proposed to the regulatory text to 

improve clarity. 

Comments on the Proposed Rule 

OPM received five comments on the 

proposed rule: four from individuals 

and one from a Federal employee union. 

One individual commented that the rule 

does not address whether a land 

management eligible with competitive 

status is subject to time-in-grade (TIG) 

restrictions when using this authority. 

The commenter also asked whether a 

land management eligible who already 

held a permanent job could use his or 

her eligibility multiple times when 

applying for positions under promotion 

and internal placement (i.e., merit 

promotion) procedures. The commenter 

suggested that OPM state clearly in the 

regulation whether these situations are 

allowed. 

Agencies cannot use this authority to 

circumvent TIG requirements. TIG 

exists to prevent excessively rapid 

promotions in competitive service 

General Schedule positions and to 

protect competitive principles. In 

accordance with 5 CFR 300.603, TIG 

applies to an individual who served on 

a non-temporary appointment within 

the 52-week period prior to 

advancement. Based on the scenario 

described above, the permanent 

employee, who was formerly a timelimited employee, would be subject to 

time-in-grade if seeking a higher-graded 

position. In accordance with 5 U.S.C. 

9602, eligibility under these regulations 

applies to certain individuals serving, or 

who served, under a time-limited 

appointment and have not received a 

permanent position in the Federal 

government. OPM will address this and 

other scenarios pertaining to TIG 

requirements in supplemental guidance. 

One individual expressed concern 

over the hiring practices at the Bureau 

of Land Management (BLM) and 

dissatisfaction with the current BLM 

leadership. This individual did not have 

any objections to or suggestions on the 

proposed regulation. OPM will not 

address this comment because it is 

beyond the scope of the proposed 

regulations. 

Two individuals provided positive 

comments and expressed strong support 

for the proposed regulation. A retired 

National Park Ranger stated that he 

strongly supports the proposed 

regulation because it greatly benefits the 

National Park Service in the recruitment 

and retention of new and diverse 

employees. Another individual stated 

that this regulation will help temporary 

employees find full-time permanent 

employment and hiring managers to 

attract experienced workers. OPM 

appreciates this support. 

One individual suggested that OPM 

amends the proposed rule to allow 

employees who previously served on a 

temporary appointment have that time 

credited toward the probationary or trial 

period. OPM is not adopting this 

suggestion because it is not necessary. 

The governing statute at 5 U.S.C. 

9602(c)(2) states that individuals 

appointed under this authority acquire 

competitive status upon appointment. 

Competitive status is acquired after 

completion of a probationary period in 

accordance with 5 CFR 212.301. The 


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statute deems a land management 

eligible who is selected to have 

completed a probationary period upon 

appointment under this authority. The 

proposed regulation at 5 CFR 315.613(d) 

states this. 

The same individual suggested that 

OPM modifies proposed § 335.107 to 

make clear that a land management 

eligible may compete for a permanent 

position at any agency when the 

position is being filled under merit 

promotion procedures. OPM is not 

adopting this suggestion. The Act at 5 

U.S.C. 9602 established the conditions 

and criteria under which certain current 

or former land management employees 

may compete for a permanent position 

under merit promotion procedures. The 

suggested language is not in accordance 

with this statute. The language in the 

proposed rule is consistent with the 

governing statute and reflects the 

conditions under which a land 

management employee may compete 

when a job is advertised under merit 

promotion procedures and open to 

candidates from outside an agency’s 

workforce or under merit promotion 

procedures and open to candidates from 

within an agency’s workforce. 

A Federal employee union 

commented that its primary concern is 

to ensure the regulation and 

supplementary information reflect the 

statutory requirement that agencies 

must allow all land management 

eligibles to compete for vacancies filled 

under their merit promotion procedures. 

This Federal employee union submitted 

several specific comments that are 

discussed throughout the remainder of 

the Supplementary Information section 

of this preamble. 

Federal Employee Union Comments on 

the Supplementary Information of the 

Proposed Rule 

The employee union stated: 

The primary thrust of the statute, as 

expressed in its first sentence, is to establish 

that a land management eligible ‘‘is eligible 

to compete (emphasis added).’’ [sic] It is 

therefore mandatory that agencies consider 

land management eligible applicants. 

This is not reflected in the first sentence 

in the supplementary information under 

‘‘Description of the Flexibility (p. 29349)’’ 

which states, in relevant part, ‘‘. . . an 

agency may use this authority to allow a 

current or former land management eligible 

. . . to compete for a permanent 

position. . .’’ (emphasis added). The term 

‘‘may’’ gives agencies discretion to ‘‘allow’’ 

or to not allow land management eligibles to 

compete. In fact, the statute is prescriptive in 

this regard, in that it states that land 

management eligibles are ‘‘eligible to 

compete.’’ It is not within the authority of an 

agency to remove that which Congress has 

bestowed. We recommend this be revised to 

state ‘‘. . .under this authority, an agency 

must to allow [sic] a current or former land 

management eligible. . . to compete for a 

permanent position . . .’’ (emphasis in 

original.) 

The employee union also asserted the 

sentence quoted above (‘‘. . . an agency 

may use this authority to allow a current 

or former land management eligible . . . 

to compete for a permanent position 

. . .’’ (emphasis in original)) had to be 

‘‘a simple drafting error’’ because in the 

same section the supplementary 

information stated: ‘‘an agency must 

consider a land management eligible 

(also under ‘‘Description of the 

Flexibility, ’’ p. 29349).’’ Nevertheless, 

the presence of the first sentence 

remained ‘‘problematic as it introduces 

ambiguity that could lead to flawed 

implementation.’’ 

OPM thanks the Federal employee 

union for the comment. No modification 

to the regulatory text is needed as it 

already reflects that agencies have the 

discretion whether to fill their positions 

under promotion and internal 

placement (i.e., merit promotion) 

procedures (5 CFR part 335) or through 

another hiring authority. OPM further 

notes that the difference in the 

sentences was not a drafting error, but 

rather reflect different points in the 

hiring process. OPM’s use of ‘‘must’’ in 

the second reference under ‘‘Description 

of the flexibility’’ modifies the phrase 

‘‘consider a land management eligible 

. . .’’ It relates to when a land 

management eligible applies for a 

permanent position. That is, once an 

agency makes the determination to use 

its discretion to advertise for a 

permanent position under Promotion 

and Internal Placement procedures at 5 

CFR 335, certain land management 

eligibles must be considered. 

The employee union further objected 

to the phrase—‘‘. . . will be expected to 

consider land management eligibles 

. . . (under ‘‘Land Management 

Workforce Flexibility Act, as 

Amended,’’ [sic] p. 29349)’’ in two 

places because that phrase did not 

create requirements and was not a term 

of art. In the alternative, the employee 

union again recommended revising the 

language ‘‘to clearly articulate the 

statutory requirement that agencies 

must to consider [sic] land management 

eligibles.’’ 

OPM agrees and clarifies that agencies 

who use their discretion to hire for 

positions under proposed parts 315 and 

335 must consider eligible land 

management applicants who apply for 

permanent positions. 

Federal Employee Union Comments on 

the Regulatory Text at § 335.107 

The employee union recommended 

revising the language at § 335.107 to 

make it clear that land management 

eligibles are entitled to compete for 

permanent positions. It asserted ‘‘[t]he 

statement that they ‘may compete’ is 

not, in our view, sufficiently 

prescriptive in this regard.’’ 

OPM does not believe this change is 

necessary because ‘may’ and ‘are 

entitled’ have the same meaning in this 

context. The law does not require 

individuals to compete, it allows them 

to, hence our use of ‘‘may.’’ Further, this 

formulation parallels language currently 

in § 335.106 pertaining to individuals 

eligible under the Veterans Employment 

Opportunities Act of 1998, as amended. 

We retained ‘‘may compete’’ for 

consistency in part 335. 

The employee union further 

commented that the proposed § 335.107, 

‘‘Special selection procedures for 

certain land management eligibles 

under merit promotion’’ (emphasis 

added) is problematic because it implies 

some but not all land management 

eligibles are eligible to compete for 

permanent positions. The employee 

union added ‘‘In fact, the section 

applies to all land management 

eligibles, as defined in the statute and 

in the proposed regulation, not only to 

certain ones . . . [and] could lead 

practitioners to wrongfully exclude 

subsets of land management eligibles.’’ 

The employee union recommended 

deleting the word ‘‘certain’’ from the 

heading. 

OPM notes this section applies only 

to those land management employees 

who meet the eligibility requirements of 

the statute (i.e., current and former timelimited land management employees). 

OPM agrees, however, the original title 

may cause confusion by suggesting 

greater limitations beyond meeting the 

eligibility requirements. Consequently, 

OPM has revised the section heading for 

proposed § 335.107 to read, ‘‘§ 335.107. 

Special selection procedures for land 

management eligibles under merit 

promotion.’’ 

The employee union further stated 

that § 335.107 should be revised to 

reflect that the section was not about 

selection procedures and the Act 

established an ‘‘entitlement to 

compete.’’ Consequently, it 

recommended changing the heading to 

‘‘Entitlement of land management 

eligibles to compete for permanent 

positions under merit promotion.’’ 

OPM disagrees with this comment. 

This section is about selection 

procedures, as it encompasses eligibility 


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Federal Register / Vol. 88, No. 233 / Wednesday, December 6, 2023 / Rules and Regulations 84687 

for selection as well as how selected 

individuals will be appointed (i.e., 

given a career or career-conditional 

appointment in accordance with 5 CFR 

315.613). This formulation parallels 

language currently in § 335.106 

pertaining to individuals eligible under 

the Veterans Employment Opportunities 

Act of 1998, as amended. We retained 

‘‘selection procedures’’ for consistency 

in part 335. 

The employee union disagrees with 

the phrase ‘‘if otherwise qualified’’ in 

the regulatory language at § 335.107 and 

states the phrase suggests some but not 

all land management employees are 

eligible. The employee union further 

states that the statute and the proposed 

definition at § 315.613(b)(3) makes all 

land management employees eligible to 

compete for a permanent position and 

fears it could lead human resources 

specialists to wrongfully exclude 

subsets of eligible land management 

employees. The employee union 

recommends replacing ‘‘if otherwise 

qualified’’ with ‘‘if they properly apply 

and otherwise meet qualifications for 

the position.’’ 

OPM is not adopting this suggestion. 

The phrase ‘‘if otherwise qualified’’ 

describes who may compete under merit 

promotion procedures in part 335 and 

entails more general considerations, 

such as whether an applicant meets the 

qualifications for the position being 

filled, satisfies any applicable time-ingrade requirements, etc. 

The employee union also provided a 

list of additional recommended edits to 

the proposed language at § 335.107 as 

follows: 

1. ‘‘There is a spurious close parenthesis in 

the parent phrase.’’ 

OPM agrees and removed the 

extraneous parenthesis in § 335.107. 

2. ‘‘As written, ‘compete’ is under (a) and 

therefore does not apply to (b), leaving that 

which a land management eligible may do 

under the circumstances described under (b) 

unspecified. ‘Compete’ should be the last 

word of the parent phrase, not the first word 

under (a).’’ 

OPM agrees and has revised the text 

in § 335.107 to the following: ‘‘. . . may 

compete, if otherwise qualified:’’ 

3. ‘‘As written, the phrase ‘‘in accordance 

with § 315.613’’ applies only to (b). It should 

apply to both (a) and (b) and therefore should 

be moved to the parent phrase.’’ 

4. ‘‘As written, it is specified that a land 

management eligible selected to such a 

position is given a career or careerconditional appointment only in (b), but not 

in (a). This requirement exists for both.’’ 

OPM agrees with both comments 

immediately above and has modified 

§ 335.107(a) to include similar language 

to what appears in paragraph (b). 

5. ‘‘As written, it is specified that a 

permanent position subject to the 

requirements of the statute are in the 

competitive service in (a), but not in (b). This 

requirement exists for both.’’ 

OPM agrees and has revised the text 

by removing the reference to ‘‘in the 

competitive service’’ at § 335.107(a). 

The reference to the ‘‘competitive 

service’’ at § 335.107(a) is superfluous 

because, by definition, merit promotion 

procedures can only be used to fill 

positions in the competitive service. We 

also revised the text at § 335.107(b) to 

coincide. Further, the sentence added to 

§ 315.613(a) based on earlier comments 

notes the types of appointments 

available, which also are only available 

in the competitive service. 

6. ‘‘As written, the use of the conjunction 

‘or’ at the end of (a) would mean a land 

management eligible could compete under (a) 

or under (b), but not both. In fact, a land 

management eligible is not precluded from, 

for example, applying for a position under (a) 

by virtue of having applied for one under (b). 

The appropriate conjunction for this 

circumstance is ‘and.’ 

OPM is not adopting the suggestion to 

replace ‘‘or’’ with ‘‘and’’ between 

§ 335.107(a) and (b). OPM’s use of ‘‘or’’ 

conveys that a land management eligible 

may compete in either of two instances: 

if a job is advertised under merit 

promotion procedures outside the 

agency’s workforce, or if a job is 

advertised under merit promotion 

procedures within the agency’s 

workforce. The use of ‘‘and’’ may 

confuse readers to think a land 

management eligible may only apply 

when a job is advertised both ways. 

7. ‘‘The statement ‘A land management 

eligible so selected will be given a career or 

career-conditional appointment’ does not go 

to the point of the section, the entitlement of 

land management eligibles to compete for 

permanent positions. It is one of several 

aspects that relate to selection. As such, it is 

handled under the section dealing with these 

matters, at § 315.613(e). It is not needed here. 

OPM notes that the employee union 

also commented above at #4 that this 

sentence only appeared in § 335.107(b) 

but also applied to § 335.107(a). OPM 

accepted the change requested at 

comment #4 and added the language to 

paragraph (a). However, OPM disagrees 

with comment #7. We believe 

describing the type of appointment a 

land management eligible may receive is 

appropriate under this section heading, 

as it is an aspect of selection. We note 

this reference to the type of 

appointment parallels language 

currently in § 335.106 pertaining to 

individuals eligible under the Veterans 

Employment Opportunities Act of 1998, 

as amended. We retained this 

formulation in proposed § 335.107 for 

consistency with part 335. 

To effectuate these requested changes, 

the employee union recommended that 

OPM redraft § 335.107 as follows: 

§ 335.107. Entitlement of Land 

Management Eligibles To Compete for 

Permanent Positions Under Merit 

Promotion 

A current or former time-limited 

employee of a land management agency 

who is a land management eligible, as 

defined in § 315.613(b)(3), is entitled to 

compete in accordance with the 

provisions of § 315.613: 

(a) for a permanent position in the 

competitive service at any agency 

(including, but not limited to, a land 

management agency) when that agency 

is accepting applications from 

individuals outside its own workforce 

under its merit promotion procedures; 

and 

(b) for a permanent position in the 

competitive service at the land 

management agency at which they were 

most recently an employee when that 

agency is accepting applications from 

individuals within the agency’s 

workforce under its merit promotion 

procedures. 

OPM responded to each bulleted issue 

individually above and is not adopting 

the recommended language in its 

entirety. As previously noted, we are 

making many of the recommended 

revisions to § 335.107 based on the 

concerns expressed by the employee 

union. OPM also notes that a former 

time-limited employee of a land 

management agency who is a land 

management eligible is considered 

‘‘within the [land management] agency’s 

workforce’’ as long as the employee was 

most recently an employee of that 

agency (date of separation was not more 

than 2 years prior to application), even 

if the time-limited appointment has 

ended. See 5 U.S.C. 9602(d). 

Expected Impact of This Final Rule 

A. Statement of Need 

OPM is issuing this final rule to 

implement statutory changes that allow 

certain current and former time-limited 

employees of a land management 

agency to compete for permanent 

positions at a land management agency, 

when the agency is accepting 

applications from individuals within 

the agency’s workforce under merit 

promotion procedures; or at any agency 

when the agency is accepting 

applications from individuals from 

outside its own workforce under merit 


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84688 Federal Register / Vol. 88, No. 233 / Wednesday, December 6, 2023 / Rules and Regulations 

promotion procedures. These changes 

are in response to the enactment of the 

Act, Public Law 114–47, 5 U.S.C. 9601 

and 9602. 

B. Impact 

This final rule provides a pathway for 

certain current and former land 

management employees currently 

serving (or who have served) under 

time-limited appointments at 5 CFR part 

316 to compete for vacant permanent 

Federal positions in the competitive 

service under merit promotion 

procedures. Prior to enactment of the 

Act, these individuals competed for 

Federal jobs open to U.S. citizens 

through an open competitive process 

(unless the Land Management eligible 

had previously acquired competitive 

status). These employees now have 

statutory eligibility to compete under 

merit promotion procedures under 

certain circumstances. Thus, the law 

treats these individuals as if they had 

competitive status for purposes of 

applying for permanent Federal jobs 

advertised under an agency’s merit 

promotion procedures. A potential 

impact may be that the demand for jobs 

advertised under these procedures 

could increase, as measured by an 

increase in the number of applicants 

vying for positions advertised under 

these procedures. This may result in 

longer processing times or ‘‘time to 

hire’’ periods than was previously the 

case. 

Another potential impact could be on 

job-seeking veterans whose eligibility 

derives from the Veterans Employment 

Opportunities Act (VEOA) of 1998, as 

amended. The VEOA provides eligible 

veterans with the right to apply for 

positions advertised under merit 

promotion procedures when the hiring 

agency seeks applicants outside the 

hiring agency’s workforce. Prior to 

enactment of the Act, VEOA eligible 

veterans were the only group with a 

statutory entitlement to compete for 

positions being filled by an agency from 

outside its own workforce under merit 

promotion procedures. In general, this 

may increase competition for these 

positions in general, and thus may 

reduce the chances of a VEOA eligible 

being selected for one of these positions. 

Lastly, this rule could impact current 

employees of land management agencies 

serving in career-ladder positions. An 

employee in a career ladder position 

may be non-competitively promoted to 

the next highest grade-level, provided 

the next highest grade-level is within 

the career-ladder, the employee meets 

time-in-grade requirements, and is 

otherwise qualified for the duties at the 

next highest grade level. Because the 

Act extends eligibility to individuals 

outside the agency’s or the Federal 

government’s workforce, employees in 

career-ladder positions may now find 

themselves pitted against these external 

candidates. 

OPM cannot quantify the size of these 

potential impacts (including the impact 

on VEOA eligible) because we have no 

way of knowing the volume or 

frequency with which land management 

eligibles may apply for a position under 

these rules. 

C. Regulatory Alternatives 

There is no regulatory alternative to 

the final rule because OPM is required 

by the Act to implement the statute 

through regulations (see 5 U.S.C. 

9602(e)). 

D. Costs 

The costs associated with the final 

rule are minimal and include: the costs 

associated with the resources needed to 

process a potentially higher volume of 

job applicants for certain Federal jobs 

and the usual learning curve of 

implementing a regulatory change. To 

help minimize the latter cost, OPM 

intends to issue supplemental, 

explanatory guidance as well as 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 final rule will benefit certain 

employees and former employees of 

land management agencies and may 

benefit hiring agencies as well. These 

rules allow current and former timelimited employees of land management 

agencies who are otherwise ineligible 

(i.e., they have not acquired competitive 

status nor do they have reinstatement 

eligibility) to compete for permanent 

jobs under merit promotion procedures 

to do so. Time-limited employees are 

ineligible to compete for vacant 

permanent positions advertised under 

merit promotion procedures because, by 

definition, they do not acquire 

competitive status on the basis of the 

time-limited appointment. Generally, 

positions filled under merit promotion 

procedures are open to current or former 

career or career-conditional employees, 

certain veterans eligible under the 

VEOA and other individuals with 

special appointment eligibilities who 

are treated as if they have competitive 

status (i.e., former peace corps 

volunteers or certain military spouses). 

Because many agencies fill non-entry 

level positions using merit promotion 

procedures, qualified time-limited 

employees may never be considered for 

these positions under merit promotion 

procedures. To remedy this 

circumstance, Congress enacted the Act 

to provide a pathway for certain timelimited employees in Federal land 

management agencies to permanent 

positions. These provisions allow 

eligible current and former time-limited 

land management employees to compete 

for permanent positions in the 

competitive service under merit 

promotion procedures that previously 

were closed to them. 

Hiring agencies may benefit from 

having an additional source of 

experienced land management 

employees to consider under their merit 

promotion procedures who otherwise 

may not have been within reach for 

selection when applying through the 

competitive examining process. This 

potential benefit must be balanced with 

the costs associated with processing a 

potentially higher volume of job 

applicants (including longer time-tohire processing times) under merit 

promotion procedures. 

Regulatory Review 

OPM has examined the impact of this 

rule as required by Executive Orders 

12866, 13563, and 14094, which 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). This rule is 

considered a ‘‘significant regulatory 

action’’ under section 3(f) of Executive 

Order 12866. 

Regulatory Flexibility Act 

The Director of OPM certifies that this 

rule will not have a significant 

economic impact on a substantial 

number of small entities because it 

applies only to Federal agencies and 

employees. 

Federalism 

The Office of Personnel Management 

has examined this rulemaking in 

accordance with Executive Order 13132, 

Federalism, and have determined that 

this rulemaking will not have any 

negative impact on the rights, roles, and 

responsibilities of State, local, or tribal 

governments. 

Civil Justice Reform 

This regulation meets the applicable 

standard set forth in Executive Order 

12988. 


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Federal Register / Vol. 88, No. 233 / Wednesday, December 6, 2023 / Rules and Regulations 84689 

Unfunded Mandates Reform Act of 

1995 

This rulemaking will not result in the 

expenditure by state, local, and tribal 

governments, in the aggregate, or by the 

private sector, of $100 million or more 

in any year and it will not significantly 

or uniquely affect small governments. 

Therefore, no actions were deemed 

necessary under the provisions of the 

Unfunded Mandates Reform Act of 

1995. 

Congressional Review Act 

Subtitle E of the Small Business 

Regulatory Enforcement Fairness Act of 

1996 (also known as 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. OMB’s Office of 

Information and Regulatory Affairs has 

determined this is not a major rule as 

defined by the Congressional Review 

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

Paperwork Reduction Act 

This rulemaking does not impose any 

reporting or record-keeping 

requirements subject to the Paperwork 

Reduction Act. 

List of Subjects in 5 CFR Parts 315 and 

335 

Government employees. 

Office of Personnel Management. 

Kayyonne Marston, 

Federal Register Liaison. 

Accordingly, OPM amends 5 CFR 

parts 315 and 335 as follows: 

PART 315—CAREER AND CAREER 

CONDITIONAL EMPLOYMENT 

■ 1. The authority citation for part 315 

is revised to read as follows: 

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

E.O. 10577, 3 CFR, 1954–1958 Comp. p. 218, 

unless otherwise noted; and E.O. 13162. 

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, 3 CFR, 

1978 Comp. p.111. Sec. 315.606 also issued 

under E.O. 11219, 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, 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 under E.O. 13473. 

Sec 315.613 also issued under Pub. L. 114– 

47, sec. 2(a) (Aug. 7, 2015), amended by Pub. 

L. 114–328, sec. 1135 (Dec. 23, 2016), as 

codified at 5 U.S.C. 9602. Sec. 315.708 also 

issued under E.O. 13318, 3 CFR, 2004 Comp. 

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

12596, 3 CFR, 1978 Comp. p. 264. 

Subpart F—Career or Career 

Conditional Appointment Under 

Special Authorities 

■ 2. Add § 315.613 to subpart F to read 

as follows: 

§ 315.613 Appointment of current and 

former land management eligibles serving 

under time-limited appointments. 

(a) Appointment of land management 

eligibles. (1) Any agency— 

(i) May appoint a land management 

eligible who is a current time-limited 

employee of a land management agency 

to a permanent position provided the 

land management eligible was selected 

from among the best qualified following 

competition under a merit promotion 

announcement open to candidates 

outside of the hiring agency’s workforce; 

and 

(ii) May appoint a land management 

eligible who is a former time-limited 

employee of a land management agency 

to a permanent position provided: 

(A) The land management eligible 

applied for that position within the 2- 

year period following the most recent 

date of separation from a land 

management agency; and 

(B) Was selected from among the best 

qualified following competition under a 

merit promotion announcement open to 

candidates outside of the hiring 

agency’s workforce. 

(2) In addition, a land management 

agency— 

(i) May appoint a land management 

eligible who is a current time-limited 

employee of that agency to a permanent 

position provided the land management 

eligible was selected from among the 

best qualified following competition 

under a merit promotion announcement 

open to candidates within that agency’s 

workforce; and 

(ii) May appoint a land management 

eligible who is a former time-limited 

employee of that land management 

agency to a permanent position 

provided: 

(A) The land management eligible 

applied for that position within the 2- 

year period following the most recent 

date of separation from a land 

management agency; 

(B) The land management agency 

from which the land management 

eligible most recently separated is the 

same land management agency as the 

one making the appointment; and 

(C) The land management eligible was 

selected from among the best qualified 

following competition under a merit 

promotion announcement open to 

candidates within that agency’s 

workforce. 

(b) Definitions—(1) Agency has the 

meaning given in 5 U.S.C. 105, and may 

also mean a major subdivision or 

component of an entity defined in 5 

U.S.C. 105. 

(2) Land management agency means 

any of the following: 

(i) The Forest Service of the U.S. 

Department of Agriculture; 

(ii) The Bureau of Land Management 

of the U.S. Department of the Interior; 

(iii) The National Park Service of the 

U.S. Department of the Interior; 

(iv) The Fish and Wildlife Service of 

the U.S. Department of the Interior; 

(v) The Bureau of Indian Affairs of the 

U.S. Department of the Interior; and 

(vi) The Bureau of Reclamation of the 

U.S. Department of the Interior. 

(3) Land management eligible means 

either: 

(i) An individual currently serving in 

a land management agency who: 

(A) Initially was hired under 

competitive procedures, for a timelimited appointment in the competitive 

service in accordance with part 316, and 

has not received a permanent 

appointment; 

(B) Has served under one or more 

time-limited appointments by a land 

management agency for a period or 

periods totaling more than 24 months 

without a break in service of 2 or more 

years; and 

(C) Has performed at an acceptable 

level during each period of service; or 

(ii) An individual who previously 

served in a land management agency 

who: 

(A) Initially was hired under a timelimited appointment under competitive 

procedures in the competitive service in 

accordance with part 316, and did not 

receive a permanent appointment before 

leaving Federal service; 

(B) Served under one or more timelimited appointments by a land 

management agency for a total period of 

more than 24 months without a break in 

service of 2 or more years; 

(C) Performed at an acceptable level 

throughout the service period(s); 

(D) Applied for a position covered by 

these provisions within 2 years after the 

individual’s most recent date of 

separation from a land management 

agency; and 

(E) With respect to the individual’s 

most recent separation, for reasons other 

than misconduct or performance. For 

these purposes, an individual under this 

paragraph is deemed a time-limited 

employee of the land management 

agency from which the individual was 

most recently separated. 

(4) Time-limited appointment means a 

temporary or term appointment, in 

accordance with 5 CFR part 316. 

(c) Conditions. An agency is expected 

to consider the application of a land 


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84690 Federal Register / Vol. 88, No. 233 / Wednesday, December 6, 2023 / Rules and Regulations 

management eligible; and must waive 

any age requirement unless it can prove 

that the requirement is essential to the 

performance of the duties of the 

position. 

(d) Acquisition of competitive status. 

A person appointed under paragraph (a) 

of this section acquires competitive 

status automatically upon appointment. 

(e) Tenure on appointment. An 

appointment under paragraph (a) of this 

section is career-conditional unless the 

appointee has already satisfied the 

requirements for career tenure or is 

exempted from the service requirement 

pursuant to § 315.201. 

PART 335—PROMOTION AND 

INTERNAL PLACEMENT 

■ 3. The authority citation for part 335 

is revised to read as follows: 

Authority: 5 U.S.C. 3301, 3302, 3330; E.O. 

10577, 3 CFR 1954–1958 Comp., p. 218; 5 

U.S.C. 3304(f); Pub. L. 106–117; Pub. L. 114– 

47, sec. 2(a) (Aug. 7, 2015), as amended by 

Pub. L. 114–328, sec. 1135 (Dec. 23, 2016), 

codified at 5 U.S.C. 9602. 

Subpart A—General Provisions 

■ 4. Add § 335.107 to subpart A to read 

as follows: 

§ 335.107 Special selection procedures for 

land management eligibles under merit 

promotion. 

A current or former land management 

employee of a land management agency, 

who is a land management eligible, as 

defined in § 315.613(b)(3) of this 

chapter, may compete, if otherwise 

qualified for: 

(a) A permanent position at any 

agency (including, but not limited to, a 

land management agency), in 

accordance with the provisions of 

§ 315.613 of this chapter, when that 

agency is accepting applications from 

individuals outside its own workforce 

under merit promotion procedures. A 

land management eligible so selected 

will be given a career or careerconditional appointment under 

§ 315.613; or 

(b) A permanent position at the land 

management agency with which the 

individual was most recently an 

employee, in accordance with the 

provisions of § 315.613 of this chapter, 

when the agency is accepting 

applications from individuals within 

the agency’s workforce under its merit 

promotion procedures. A land 

management eligible so selected will be 

given a career or career-conditional 

appointment under § 315.613. 

[FR Doc. 2023–26723 Filed 12–5–23; 8:45 am] 

BILLING CODE 6325–39–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2023–1050; Project 

Identifier AD–2022–00602–E; Amendment 

39–22620; AD 2023–24–04] 

RIN 2120–AA64 

Airworthiness Directives; Honeywell 

International Inc. Engines 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: The FAA is adopting a new 

airworthiness directive (AD) for all 

Honeywell International Inc. 

(Honeywell) Model AS907–1–1A and 

AS907–2–1G engines. This AD was 

prompted by reports of compressor 

surge, including a dual engine 

compressor surge, during takeoff climb 

out through a steep temperature 

inversion, causing a loss of engine 

thrust control. This AD requires either 

the replacement of a certain electronic 

control unit (ECU) software version 

installed on AS907–1–1A engines with 

updated software or the replacement of 

certain ECUs installed on AS907–1–1A 

engines with ECUs eligible for 

installation. This AD also requires the 

replacement of certain ECUs installed 

on AS907–2–1G engines. The FAA is 

issuing this AD to address the unsafe 

condition on these products. 

DATES: This AD is effective January 10, 

2024. 

ADDRESSES: 

AD Docket: You may examine the AD 

docket at regulations.gov under Docket 

No. FAA–2023–1050; or in person at 

Docket Operations between 9 a.m. and 

5 p.m., Monday through Friday, except 

Federal holidays. The AD docket 

contains this final rule, any comments 

received, and other information. The 

address for Docket Operations is U.S. 

Department of Transportation, Docket 

Operations, M–30, West Building 

Ground Floor, Room W12–140, 1200 

New Jersey Avenue SE, Washington, DC 

20590. 

FOR FURTHER INFORMATION CONTACT: 

Joseph Costa, Aviation Safety Engineer, 

FAA, 3960 Paramount Boulevard, 

Lakewood, CA 90712; phone: (562) 627– 

5246; email: joseph.costa@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

The FAA issued a notice of proposed 

rulemaking (NPRM) to amend 14 CFR 

part 39 by adding an AD that would 

apply to all Honeywell Model AS907– 

1–1A and AS907–2–1G engines. The 

NPRM published in the Federal 

Register on May 23, 2023 (88 FR 32980). 

The NPRM was prompted by several 

reports that Honeywell Model AS907– 

1–1A and AS907–2–1G engines 

experienced compressor surge, 

including an AS907–1–1A dual engine 

compressor surge, during takeoff climb 

out through a steep temperature 

inversion, which resulted in loss of 

engine thrust control. The FAA 

determined that the installed ECU 

software version logic locked the engine 

inlet total temperature (Tt2) at 60 knots 

on a takeoff roll and that reference Tt2 

remained locked until the aircraft 

reached 400 feet above ground level 

(AGL) or the pilot moved the throttle 

before reaching 400 AGL. The locked 

Tt2 is mathematically adjusted by the 

ECU software for altitude and Mach 

number changes as the takeoff 

progresses. During a climb to 400 feet 

AGL with a thermal inversion, the 

actual engine Tt2 can increase above the 

Tt2 that is being calculated by the ECU, 

which causes the compressor guide 

vanes’ (CGVs) and surge bleed valves’ 

(SBVs) positions to be off-schedule for 

the actual ambient conditions. 

Significant off-scheduling of the CGVs 

and the SBVs can lead to a compressor 

surge event. The compressor surge 

margin is decreased when scheduling is 

based on a colder Tt2 temperature than 

what the engine is actually running. 

Engine deterioration impacts 

compressor surge margin and can 

increase the likelihood of a dual engine 

compressor surge as the AS907–1–1A 

and AS907–2–1G engine fleets age. Dual 

engine power loss due to a temperature 

inversion may result in significant loss 

of airplane thrust, which could reduce 

the climb gradient and result in the 

airplane’s inability to clear obstacles. As 

a result, the manufacturer updated the 

software. 

In the NPRM, the FAA proposed to 

require either the replacement of a 

certain ECU software version installed 

on AS907–1–1A engines with an 

updated software version eligible for 

installation or the replacement of 

certain ECUs installed on AS907–1–1A 

engines with ECUs eligible for 

installation. The NPRM also proposed to 

require the replacement of certain ECUs 

installed on AS907–2–1G engines with 

ECUs eligible for installation. The FAA 

is issuing this AD to address the unsafe 

condition on these products. 


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