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[Federal Register Volume 89, Number 247 (Thursday, December 26, 2024)]
[Proposed Rules]
[Page 104900]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-30883]

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Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

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Federal Register / Vol. 89, No. 247 / Thursday, December 26, 2024 / 
Proposed Rules

[[Page 104900]]

OFFICE OF PERSONNEL MANAGEMENT

5 CFR Parts 351 and 430

RIN 3206-AO06

Reduction in Force

AGENCY: Office of Personnel Management.

ACTION: Withdrawal of proposed rule.

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SUMMARY: The Office of Personnel Management is clarifying its 
withdrawal of a proposed rule published on December 17, 2020. The 
notice of proposed rulemaking, inter alia, proposed revising OPM's 
reduction-in-force regulations to prioritize performance over length of 
service when determining which employees will be retained in a RIF. OPM 
withdrew the proposed rule on March 12, 2021, but in an abundance of 
caution issues this clarification reiterating that the proposed rule is 
withdrawn.

DATES: OPM withdraws the proposed rule as of March 12, 2021, or no 
later than December 20, 2024.

ADDRESSES: The docket for this withdrawn rule is available at https://www.regulations.gov/document/OPM_FRDOC_0001-2024.

FOR FURTHER INFORMATION CONTACT: Latonia Page (202) 936-3459 or email: 
[email protected].

SUPPLEMENTARY INFORMATION: On December 17, 2020, the Office of 
Personnel Management (OPM) published a notice of proposed rulemaking 
(NPRM or proposed rule) titled ``Reduction in Force,'' in the Federal 
Register. See 85 FR 81839. The NPRM proposed to revise OPM's reduction-
in-force (RIF) regulations to prioritize performance over length of 
service when determining which employees will be retained in a RIF, in 
response to section 2(j) of Executive Order (E.O.) 13839 (May 25, 
2018), titled ``Promoting Accountability and Streamlining Removal 
Procedures Consistent with Merit Systems and Principles.'' OPM also 
proposed modifying the order of retention, clarifying tenure group 
definitions, and modifying how credit for performance is computed.
    In response to the NPRM, OPM received approximately 44 comments 
during the 30-day comment period which ended on January 19, 2021.
    On January 22, 2021, President Biden issued an E.O. 14003 titled 
``Protecting the Federal Workforce,'' which, among other things, 
revoked E.O. 13839. See 86 FR 7231.
    On March 12, 2021, OPM withdrew its NPRM from its regulatory agenda 
(see https://www.reginfo.gov/public/do/eAgendaViewRule?pubId=202104&RIN=3206-AO06) for three independently 
sufficient reasons, among others: because E.O. 13839 was revoked, 
because the NPRM no longer reflected OPM's policy position, and because 
issuing such a rule was not a priority for OPM.
    OPM believes its withdrawal on March 12, 2021, was valid and the 
agency, regulated entities, and the public have operated with that 
understanding. Nevertheless, in an abundance of caution, OPM hereby 
clarifies that the NPRM is withdrawn.

Office of Personnel Management.
Stephen Hickman,
Federal Register Liaison.
[FR Doc. 2024-30883 Filed 12-20-24; 11:15 am]
BILLING CODE 6325-39-P
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