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

18505

Vol. 62, No. 73

Wednesday, April 16, 1997

OFFICE OF PERSONNEL

MANAGEMENT

5 CFR Part 213

RIN 3206–AH67

Excepted Service—Schedule A

Authority for Temporary Organizations

AGENCY: Office of Personnel

Management.

ACTION: Final regulations.

SUMMARY: The Office of Personnel

Management (OPM) is amending the

Schedule A excepted service appointing

authority agencies use to fill positions

in temporary organizations. These

regulations delete the GS–15 grade level

limitation to permit agencies to make

such appointments also to Senior Level

positions.

EFFECTIVE DATE: May 16, 1997.

FOR FURTHER INFORMATION CONTACT:

Sylvia Cole on (202) 606–0830, TDD

(202) 606–0023, or FAX (202) 606–2329.

SUPPLEMENTARY INFORMATION: The

Schedule A authority for appointing

staff in temporary organizations was

established in 1979. It permits agencies

to fill positions on the staffs of

temporary boards and commissions

established by law or Executive order

for specified periods not to exceed 4

years. The authority also permits

appointments in temporary

organizations established within

existing agencies to perform work

outside the agency’s continuing

responsibilities.

Currently appointments can only be

made at GS–15 and below because when

the authority was established, there was

no need to include positions above that

level. The executive assignment system

used to cover positions at grades GS–16,

17 and 18, and individuals were

appointed at those levels through noncompetitive limited executive

assignments.

The Federal Employees Pay

Comparability Act of 1990 abolished

grades GS–16, 17, and 18, and the

executive assignment system, and

established the Senior Level system.

Unlike the executive assignment system,

the Senior Level system does not

provide for noncompetitive time-limited

appointments.

On December 2, 1996, (61 FR 63762),

we proposed regulations to remove the

GS–15 grade level limitation to permit

agencies to make appointments to

Senior Level positions. We received one

comment from an agency in support of

the proposed regulations and are

adopting them as final regulations with

no change.

Editorial Changes

As part of the final regulations we are

also making the following editorial

changes: In 5 CFR 213.103(a) we are

deleting the sentence that refers to

Schedule A, B, and C appointing

authorities being published in the

Federal Personnel Manual. The Federal

Personnel Manual was abolished on

December 31, 1994.

We are adding a clarifying sentence to

5 CFR 213.104. This section sets forth

special provisions for making

temporary, intermittent, or seasonal

appointments under Schedules A, B,

and C. The existing regulations provide

that if the appointments are for 1 year

or less, by definition, they are temporary

appointments and are subject to certain

restrictions. Because of numerous

questions from agencies, we are adding

a statement to clarify that agencies

continue to have the ability to make

appointments with time limits of more

than 1 year. These time-limited

appointments are not subject to the

restrictions for temporary appointments.

Regulatory Flexibility Act

I certify that these regulations will not

have a significant economic impact on

a substantial number of small entities

(including small businesses, small

organizational units, and small

governmental jurisdictions) because the

regulations apply only to appointment

procedures used to appoint certain

employees in Federal agencies.

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 213

Government employees, Reporting

and recordkeeping requirements.

U.S. Office of Personnel Management.

James B. King,

Director.

Accordingly, OPM is amending 5 CFR

part 213 as follows:

PART 213—EXCEPTED SERVICE

1. The authority citation for part 213

continues to read as follows:

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

10577, 3 CFR 1954–1958 Comp., p. 218;

§ 213.101 also issued under 5 U.S.C. 2103;

§ 213.3102 also issued under 5 U.S.C. 3301,

3302, 3307, 8337(h) and 8456; E.O. 12364, 47

FR 22931, 3 CFR 1982 Comp., p. 185; and 38

U.S.C. 4301 et seq.

§ 213.103 [Amended]

2. In section 213.103, the last sentence

of paragraph (a) is removed.

3. In section 213.104, paragraph (a)(1)

is revised to read as follows:

§ 213.104 Special provisions for

temporary, intermittent, or seasonal

appointments in Schedule A, B, or C.

(a) * * *

(1) Temporary appointments, unless

otherwise specified in a particular

Schedule A, B, or C exception, are made

for a specified period not to exceed 1

year and are subject to the time limits

in paragraph (b) of this section. Timelimited appointments made for more

than 1 year are not considered to be

temporary appointments, and are not

subject to these time limits.

* * * * *

4. In section 213.3199, the first

sentence of paragraph (a) and the

introductory text in paragraph (b) are

revised to read as follows:

§ 213.3199 Temporary organizations.

(a) Positions on the staffs of temporary

boards and commissions which are

established by law or Executive order

for specified periods not to exceed 4

years to perform specific projects. * * *

(b) Positions on the staffs of

temporary organizations within

continuing agencies when all of the

following conditions are met: * * *

* * * * *

[FR Doc. 97–9847 Filed 4–15–97; 8:45 am]

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