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

26421

Vol. 63, No. 92

Wednesday, May 13, 1998

OFFICE OF PERSONNEL

MANAGEMENT

5 CFR Parts 351 and 630

RIN 3206–AH64

Reduction in Force and Mandatory

Exceptions

AGENCY: Office of Personnel

Management.

ACTION: Final rulemaking.

SUMMARY: The Office of Personnel

Management (OPM) is issuing final

regulations that implement legislation

giving employees the right to use annual

leave to establish initial retirement

eligibility for employees in reduction in

force and other restructuring situations.

These regulations also implement

related provisions concerning the

availability of annual leave to qualify for

continuance of health benefits in the

same situation.

DATES: These regulations are effective

June 12, 1998.

FOR FURTHER INFORMATION CONTACT: (part

351) Thomas A. Glennon or Jacqueline

R. Yeatman, (202) 606–0960, FAX (202)

606–2329; (part 630) Jo Ann Perrini,

(202) 606–2858, FAX (202) 606–0824.

SUPPLEMENTARY INFORMATION:

Background

On March 10, 1997, OPM published

interim regulations at 62 FR 10681 to

implement section 634 of the Treasury,

Postal Service, and General Government

Appropriations Act, 1997, as contained

in section 101(f) of the Omnibus

Consolidated Appropriations Act, 1997

(P.L. 104–208, approved September 30,

1996). Section 634 of the Act is codified

in 5 U.S.C. 6302(g).

The regulations were effective upon

publication in the Federal Register.

Interested parties could submit written

comments to OPM concerning the

regulations in the 60 day period

following publication of the regulations.

As authorized by section 634 of the

Act, the interim regulations provide that

an employee who has received a

specific notice of involuntary separation

by reduction in force, or by adverse

action after declining relocation

(including transfer of function), has the

right to use annual leave past the

effective date the employee would

otherwise have been separated in order

to establish initial eligibility for

immediate retirement, including

discontinued service or voluntary early

retirement. The same option is also

available for the employee to acquire

initial eligibility for continuation of

health benefits into retirement.

Comments

OPM received four comments, all

from Federal agencies, on the interim

regulations.

One agency concurred with the

regulations as published.

The second agency asks that sections

351.606(b) (1) and (2), and section

351.608(e)(1), be revised to specify that

an agency must elect to provide

voluntary early retirement authority in

order for an employee retained under

Section 634 to separate under that early

retirement option.

After reviewing the regulations, no

further revision was made because even

without the voluntary early retirement

option, the employee would still have

the right to separate under the

discontinued service retirement option.

The third agency asked that 5 CFR

part 630 be revised to provide that an

employee retained under section 634 of

the Act would not be required to return

to duty for the last day of employment

in order to receive a lump sum payment

for terminal leave. Specifically, the

agency commented that under 5 U.S.C.

5551, the employee would be entitled to

a lump-sum payment for the annual

leave earned during this period of

terminal leave.

The agency stated that a previous

Comptroller General opinion required

that an employee on terminal leave

report for duty on his or her last

workday to receive leave credit (B–

223876, June 12, 1987). The agency

recommended that OPM waive the

requirement that an employee on

terminal leave must return to duty on

his or her last workday in order to

accrue annual leave for that period so as

to allow such annual leave to be

included in a lump-sum payment.

Under 5 U.S.C. 6302(g), Congress

specifically provided employees an

entitlement to elect to use their annual

leave to remain on the agency’s rolls for

the time needed to establish initial

eligibility for immediate retirement and/

or to acquire eligibility to continue

health benefits into retirement. There is

no statutory requirement that employees

must return to work on their last

workday in order to accrue annual leave

for the period of absence. For purposes

of § 630.212, an employee continues to

accrue annual leave while in a paid

leave status. We do not believe a waiver

or a new regulatory provision is

necessary, since the entitlement in 5

U.S.C. 6302(b) supersedes any previous

Comptroller General opinion to the

contrary.

The fourth agency asks for

clarification of 5 CFR part 630

concerning whether a leave recipient

would be permitted to continue to use

donated annual leave if the medical

emergency that served as the basis for

the donated leave ends before the

employee attains first eligibility for

benefits under section 634 of the Act.

In section 630.212(b)(3), an agency

may permit an approved leave recipient

to use any or all donated annual leave

made available to the employee under

the agency’s voluntary leave transfer

and/or leave bank programs for the

purpose of establishing initial

retirement eligibility and/or qualifying

for continuance of health benefits.

Under § 630.910(d), an agency may

deem a medical emergency to continue

for the purpose of providing a leave

recipient an adequate period of time

within which to receive donations of

annual leave (e.g., to permit retroactive

substitution of donated annual leave for

any advance leave or leave without pay

taken during the medical emergency or

to arrange for or attend the funeral of the

family member affected by the medical

emergency). However, § 630.910(c)

states that when a medical emergency

terminates, no further requests for

donated annual leave may be granted

and any unused donated annual leave

must be returned to the leave donor(s).

Therefore, if a medical emergency

terminates prior to establishing initial

retirement eligibility and/or qualifying

for continuance of health benefits, the

employee may not continue to use

donated annual leave. Agencies are

responsible for continuously monitoring
26422 Federal Register / Vol. 63, No. 92 /Wednesday, May 13, 1998 /Rules and Regulations

the status of a medical emergency

affecting a leave recipient to ensure that

the leave recipient continues to be

affected by the medical emergency. We

encourage agencies to verify the status

of a medical emergency before granting

approval to a leave recipient to use any

and all donated annual leave for the

purpose of establishing initial

retirement eligibility and/or qualifying

for continuance of health benefits.

Final Regulations

After consideration of all comments,

the interim regulations published at 62

FR 10681 are published as final

regulations without further revision.

Regulatory Flexibility Act

I certify that this regulation will not

have a significant economic impact on

a substantial number of small entities

because it only affects Federal

employees.

List of Subjects in Parts 351 and 630

Administrative practice and

procedure, Government employees.

U.S. Office of Personnel Management.

Janice R. Lachance,

Director.

Accordingly, the interim rule

published March 10, 1997 (62 FR 10681)

is adopted as final without change.

[FR Doc. 98–12632 Filed 5–12–98; 8:45 am]

BILLING CODE 6325–01–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Parts 21 and 27

[Docket No. SW003; Special Conditions No.

27–003–SC]

Special Conditions: Eurocopter Model

AS–355 E, F, F1, F2, N ‘‘Ecureuil II/

Twinstar’’ Helicopters, Electronic

Flight Instruments

AGENCY: Federal Aviation

Administration (FAA), DOT.

ACTION: Final special condition; request

for comments.

SUMMARY: This special condition is

issued for the Eurocopter Model AS–355

E, F, F1, F2, N ‘‘Ecureuil II/Twinstar’’

helicopters. These helicopters will have

a novel or unusual design feature

associated with the Electronic Flight

Instruments. The applicable

airworthiness regulations do not contain

adequate or appropriate safety standards

to protect systems that perform critical

control functions, or provide critical

displays, from the effects of highintensity radiated fields (HIRF). This

special condition contains the

additional safety standards that the

Administrator considers necessary to

ensure that critical functions of systems

will be maintained when exposed to

HIRF.

DATES: The effective date of this special

condition is April 30, 1998. Comments

must be received on or before July 13,

1998.

ADDRESSES: Comments on this special

condition may be mailed in duplicate

to: Federal Aviation Administration,

Office of the Regional Counsel,

Attention: Rules Docket No. SW003,

Fort Worth, Texas 76193–0007 or

deliver in duplicate to the Office of the

Regional Counsel at 2601 Meacham

Blvd., Fort Worth, Texas 76137.

Comments must be marked: Rules

Docket No. SW003. Comments may be

inspected in the Rules Docket

weekdays, except Federal holidays,

between 8:30 a.m. and 4:00 p.m.

FOR FURTHER INFORMATION CONTACT:

Robert McCallister, FAA, Rotorcraft

Directorate, Regulations Group, Fort

Worth, Texas 76193–0111; telephone

817–222–5121, fax 817–222–5961.

SUPPLEMENTARY INFORMATION: The FAA

has determined that notice and

opportunity for prior public comment

hereon are impracticable because these

procedures would significantly delay

issuance of the approval design and

thus delivery of the affected aircraft. In

addition, notice and opportunity for

prior public comment are unnecessary

since the substance of this special

condition has been subject to the public

comment process in several prior

instances with no substantive comments

received. The FAA therefore finds that

good cause exists for making this special

condition effective upon issuance.

Comments Invited

Interested persons are invited to

submit such written data, views, or

arguments as they may desire.

Communications should identify the

regulatory docket or special condition

number and be submitted in duplicate

to the address specified above. All

communications received on or before

the closing date for comments will be

considered by the Administrator. The

special condition may be changed in

light of the comments received. All

comments received will be available in

the Rules Docket for examination by

interested persons, both before and after

the closing date for comments. A report

summarizing each substantive public

contact with FAA personnel concerning

this rulemaking will be filed in the

docket. Commenters wishing the FAA to

acknowledge receipt of their comments

submitted in response to this special

condition must include a self-addressed,

stamped postcard on which the

following statement is made:

‘‘Comments to Rules Docket No.

SW003.’’ The postcard will be date

stamped and returned to the

commenter.

Background

On February 25, 1998, American

Eurocopter announced their intent to

amend, under their Designated

Airworthiness Authority (DAS), the

Supplemental Type Certificate (STC)

SH7714AW–D to add electronic flight

instruments, including an Attitude

Display Instrument. This amendment

and the original STC are effective for the

Models AS–355 E, F, F1, F2, N

‘‘Ecureuil II/Twinstar’’ helicopters.

These are normal category fivepassenger helicopters powered by two

Allison 250–C20 engines for the Model

AS–355 E, F, F1, F2 helicopters and by

two Turbomeca Arrius 1A engines for

the Model AS–355 N helicopters.

Type Certification Basis

Under the provisions of 14 CFR

21.101, Eurocopter must show that the

Model AS–355 E, F, F1, F2, N ‘‘Ecureuil

II/Twinstar’’ helicopters meet the

applicable provisions of the regulations

incorporated by reference in Type

Certificate Data Sheet (TCDS) No.

H11EU or the applicable regulations in

effect on the date of notification of

intent to change the Models AS–355 E,

F, F1, F2, N. The regulations

incorporated by reference in the type

certificate are commonly referred to as

the ‘‘original type certification basis.’’

The regulations incorporated by

reference in H11EU are as follows:

§ 21.29 and, for Models AS–355 E, F, F1,

F2, 14 CFR part 27, effective February

1, 1965 plus Amendments 27–1 through

27–16; for Model AS–355 N, part 27,

effective February 1, 1965, plus

Amendments 27–1 through 27–20, and

the following sections of Amendment

27–1: 27.21, 27.45, 27.71, 27.79, 27.143,

27.151, 27.161, 27.173, 27.175, 27.177,

27.672, 27.673, 27.729, 27.735, 27.779,

27.807, 27.1329, 27.1413, 27.1519,

27.1525, 27.1555, 27.1585, and 27.1587.

In addition, the certification basis

includes certain other special

conditions.

If the Administrator finds that the

applicable airworthiness regulations do

not contain adequate or appropriate

safety standards for these helicopters

because of a novel or unusual design

feature, special conditions are

prescribed under the provisions of

§ 21.16.