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

41387

Vol. 63, No. 149

Tuesday, August 4, 1998

OFFICE OF PERSONNEL

MANAGEMENT

5 CFR Part 330

RIN 3206–AI28

Federal Employment Priority

Consideration Program for Displaced

Employees of the District of Columbia

Department of Corrections

AGENCY: Office of Personnel

Management.

ACTION: Interim regulations with request

for comments.

SUMMARY: The Office of Personnel

Management (OPM) is issuing interim

regulations to implement a provision of

recent law which requires the

establishment of a priority consideration

program to facilitate employment

placement in Federal positions (other

than Federal Bureau of Prisons

positions) for employees of the District

of Columbia Department of Corrections

who are scheduled to be separated from

service as a result of the closure of

certain prison facilities. A separate

priority consideration program for

placement of displaced Department of

Corrections employees in Federal

Bureau of Prisons positions is being

established by the Department of

Justice.

DATES: This interim regulation is

effective August 4, 1998. Written

comments will be considered if received

no later than October 5, 1998.

ADDRESSES: Send or deliver written

comments to Mary Lou Lindholm,

Associate Director for Employment,

Office of Personnel Management, Suite

6500, 1900 E Street NW., Washington,

D.C. 20415–9000.

FOR FURTHER INFORMATION CONTACT: Tim

Firlie, Ed McHugh, or C.C. Christakos,

202–606–0960, FAX 202–606–2329.

SUPPLEMENTARY INFORMATION: The

National Capital Revitalization and SelfGovernment Improvement Act (part of

the Balanced Budget Act of 1997, Sec.

11203, Pub. L. 105–33, 111 Stat. 738,

enacted August 5, 1997) provides that

the Lorton Correctional Complex shall

be closed and the sentenced felony

population residing at the Lorton

Correctional Complex shall be

transferred to a penal or correctional

facility operated or contracted for by the

Federal Bureau of Prisons (BOP) by

December 31, 2001. As part of this law,

section 11203 establishes a Priority

Consideration Program for employees of

the District of Columbia (D.C.)

Department of Corrections (DOC) who

are scheduled to be displaced as a result

of this closure. The law provides for two

Priority Consideration Programs—one

for vacant BOP law enforcement

positions for employees who meet the

qualification and suitability

requirements for the position; and the

other, for vacancies in any Federal

agencies outside the BOP, if the DC DOC

employee does not meet the

qualification and suitability

requirements for a BOP law enforcement

position. These regulations cover the

portion of the Priority Consideration

Program dealing with jobs in other

Federal agencies. Under this subpart,

present and former DOC employees in

receipt of a RIF separation notice, issued

after August 5, 1997, who have not been

appointed to a Bureau of Prisons

position after that date, will receive

priority consideration for vacant

competitive service positions in Federal

Executive Branch agencies when they

apply and are determined to be well

qualified. Priority consideration will be

accorded to eligible Department of

Corrections employees on a similar

basis as that accorded to federal

employees displaced by reduction in

force under 5 CFR 330, subpart G—

Interagency Career Transition

Assistance Plan for Displaced

Employees. By law, this priority

consideration program will terminate 1

year after the closing of the correctional

complex.

Waiver of Notice of Proposed

Rulemaking and Delay in Effective Date

Pursuant to 5 U.S.C. 553 (b)(3)(B), I

find that good cause exists for waiving

the general notice of proposed

rulemaking because it would be

contrary to the public interest to delay

access to benefits provided by law. Also,

pursuant to 5 U.S.C. 553(d)(3), I find

that good cause exists to waive the delay

in the effective date and make this

amendment effective in less than 30

days. The delay in the effective date is

being waived to give effect to the

benefits extended by the amended

provisions at the earliest practicable

date.

Regulatory Flexibility Act

I certify that this regulation will not

have a significant economic impact on

a substantial number of small entities

because it pertains only to 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 330

Armed forces reserves, Government

employees.

U.S. Office of Personnel Management.

Janice R. Lachance,

Director.

Accordingly, OPM is amending part

330 of title 5, Code of Federal

Regulations, as follows:

PART 330—RECRUITMENT,

SELECTION, AND PLACEMENT

(GENERAL)

1. The authority citation for part 330

is revised to read as follows:

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

10577, 3 CFR 1954–58 Comp., p. 218;

§ 330.102 also issued under 5 U.S.C. 3327;

subpart B also issued under 5 U.S.C. 3315

and 8151; § 330.401 also issued under 5

U.S.C. 3310; subpart I also issued under sec.

4432 of Pub. Law 102–484; subpart K also

issued under sec. 11203 of Pub. Law 105–33.

2. Subpart K of part 330 is added to

read as follows:

Subpart K—Federal Employment Priority

Consideration Program for Displaced

Employees of the District of Columbia

Department of Corrections

Sec.

330.1101 Purpose.

330.1102 Duration.

330.1103 Definitions.

330.1104 Eligibility.

330.1105 Selection.
41388 Federal Register / Vol. 63, No. 149 /Tuesday, August 4, 1998 /Rules and Regulations

330.1106 Appointment of certain present

and former employees of the District of

Columbia Department of Corrections to

vacancies in other Federal agencie

Subpart K—Federal Employment

Priority Consideration Program for

Displaced Employees of the District of

Columbia Department of Corrections

§ 330.1101 Purpose.

A displaced employee of the District

of Columbia (DC) Department of

Corrections (DOC) who is separated

from his/her position as a result of the

closure of the Lorton Correctional

Complex, and who does not meet the

qualifications and suitability

requirements for Federal Bureau of

Prisons law enforcement positions, is

entitled to priority consideration for

other Federal vacancies when he/she

applies and is determined to be wellqualified.

§ 330.1102 Duration.

This program shall terminate one year

after the closing of the Lorton

Correctional Complex or December 31,

2002, whichever is later.

§ 330.1103 Definitions.

For purposes of this subpart:

(a) Displaced employee means a

current or former employee of the

District of Columbia Department of

Corrections who has received a specific

reduction in force (RIF) separation

notice as a result of the closure of the

Lorton Correctional Complex.

(b) Does not meet the qualifications

and suitability requirements for Bureau

of Prisons law enforcement positions

means a DC DOC employee who has not

been appointed to a Federal Bureau of

Prisons law enforcement position.

(c) Non-Bureau of Prisons positions in

the Federal Government means any

competitive service positions (other

than positions covered by the Federal

Bureau of Prisons Priority Consideration

Program).

(d) Priority consideration means a

displaced DC DOC employee eligible

under this subpart who applies for a

vacancy and is determined to be wellqualified is accorded similar priority

and order of selection as an eligible

current or former displaced Federal

employee under 5 CFR 330, subpart G—

Interagency Career Transition

Assistance Plan for Displaced

Employees. In addition, DC DOC

employees are eligible for this priority

consideration without regard to any

geographical restrictions.

(e) Well-qualified employee means an

eligible employee who possesses the

knowledge, skills, and abilities which

clearly exceed the minimum

qualification requirements for the

position. A well-qualified employee will

not necessarily meet the agency’s

definition of ‘‘highly or best qualified,’’

when evaluated against other candidates

who apply for a particular vacancy, but

must satisfy the following criteria, as

determined and consistently applied by

the agency.

(1) Meets the basic qualification

standards and eligibility requirements

for the position, including any medical

qualifications, suitability, citizenship,

and minimum educational and

experience requirements;

(2) Satisfies one of the following

qualifications requirements:

(i) Meets all selective factors where

applicable. Meets appropriate quality

rating factor levels as determined by the

agency. Selective and quality ranking

factors cannot be so restrictive that they

run counter to the goal of placing

displaced employees. In the absence of

selective and quality ranking factors,

selecting officials will document the

job-related reason(s) the eligible

employee is or is not considered to be

well qualified; or

(ii) Is rated by the agency to be above

minimally qualified in accordance with

the agency’s specific rating and ranking

process. Generally, this means that the

individual may or may not meet the

agency’s test for ‘‘highly qualified,’’ but

would in fact, exceed the minimum

qualifications for the position;

(3) Is physically qualified, with

reasonable accommodation where

appropriate, to perform the essential

duties of the position;

(4) Meets any special qualifying

condition(s) that OPM has approved for

the position; and

(5) Is able to satisfactorily perform the

duties of the position upon entry.

§ 330.1104 Eligibility.

(a) To be eligible for priority

consideration, an employee of the DC

DOC must:

(1) Be in receipt of a RIF separation

notice from the DC Department of

Corrections in connection with the

closure of the Lorton Correctional

Complex.

(2) Have not been appointed to a

Federal Bureau of Prisons law

enforcement position.

(3) Apply for a vacancy within the

time frames established by the agency;

(4) Be determined by the agency as

well-qualified for the specific vacancy.

(b) Eligibility for priority

consideration begins: on the date the DC

DOC employee receives or is issued a

specific RIF separation notice by the DC

DOC.

(c) Eligibility expires:

(1) One year after the closing of the

Lorton Correctional Complex;

(2) When the DC DOC employee is no

longer being separated by RIF;

(3) When the DC DOC employee

receives a career, career-conditional, or

excepted appointment without time

limit in any Federal agency at any grade

level;

(4) When the DC DOC employee

voluntarily separates by resignation or

retirement prior to the RIF effective

date; or

(5) When the DC DOC employee is

separated involuntarily other than by

RIF prior to the RIF effective date.

§ 330.1105 Selection.

If two or more individuals apply for

a vacancy and are determined to be

well-qualified, and meet the eligibility

requirements under § 330.704(a) or

§ 330.1104(a), the agency would have

the discretion of selecting any of these

eligible employees.

§ 330.1106 Appointment of certain present

and former employees of the District of

Columbia Department of Corrections to

vacancies in other Federal agencies.

(a) Appointments made under this

section are excepted appointments to

positions in the competitive service.

(b) Eligibility for appointment under

this subpart expires 1 year after the

closing of the Lorton Correctional

Complex or December 31, 2002,

whichever is later.

[FR Doc. 98–20779 Filed 8–3–98; 8:45 am]

BILLING CODE 6325–01–P

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection

Service

7 CFR Part 301

[Docket No. 97–073–6]

Oriental Fruit Fly; Removal of

Quarantined Areas

AGENCY: Animal and Plant Health

Inspection Service, USDA.

ACTION: Affirmation of interim rules as

final rule.

SUMMARY: We are adopting as a final

rule, without change, two interim rules

that amended the Oriental fruit fly

regulations by removing the quarantine

on portions of Los Angeles County, CA,

and by removing the restrictions on the

interstate movement of regulated

articles from those areas. The interim

rules were necessary to relieve

restrictions that are no longer needed to

prevent the spread of the Oriental fruit