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

46103 

Vol. 86, No. 157 

Wednesday, August 18, 2021 

OFFICE OF PERSONNEL 

MANAGEMENT 

5 CFR Parts 315, 316, and 330 

RIN 3206–AN86 

Hiring Authority for Post-Secondary 

Students 

AGENCY: Office of Personnel 

Management. 

ACTION: Interim rule with request for 

comments. 

SUMMARY: The Office of Personnel 

Management (OPM) is issuing an 

interim rule, with an opportunity for 

comment, to amend its career and 

career-conditional employment 

regulations. The revision is necessary to 

implement section 1108 of the John S. 

McCain National Defense Authorization 

Act (NDAA) for Fiscal Year (FY) 2019, 

which requires OPM to issue 

regulations, in interim final form, 

implementing hiring authorities that 

allow agencies to hire certain postsecondary students into positions at 

specified grades in the competitive 

service. The intended effect of the 

authority is to provide additional 

flexibility in hiring eligible and 

qualified individuals. 

DATES: 

Effective date: This interim rule is 

effective September 17, 2021. 

Comments due date: OPM must 

receive comments on or before October 

18, 2021. 

ADDRESSES: You may submit comments, 

identified by the docket number or 

Regulation Identifier Number (RIN) for 

this proposed rulemaking, by the 

following method: 

Federal eRulemaking Portal: http://

www.regulations.gov. Follow the 

instructions for sending comments. 

All submissions must include the 

agency name and docket number or RIN 

for this rulemaking. Please arrange and 

identify your comments on the 

regulatory text by subpart and section 

number; if your comments relate to the 

supplementary information, please refer 

to the heading and page number. All 

comments received will be posted 

without change, including any personal 

information provided. Please ensure 

your comments are submitted within 

the specified open comment period. 

Comments received after the close of the 

comment period will be marked ‘‘late,’’ 

and OPM is not required to consider 

them in formulating a final decision. 

Before acting on this proposal, OPM 

will consider all comments we receive 

on or before the closing date for 

comments. Changes to this proposal 

may be made in light of the comments 

we receive. 

FOR FURTHER INFORMATION CONTACT: 

Monica Butler at (202) 606–0960, by fax 

at (202) 606–4430, TDD at (202) 418– 

3134, or by email at employ@opm.gov. 

SUPPLEMENTARY INFORMATION: On August 

13, 2018, the President signed Public 

Law 115–232, the National Defense 

Authorization Act (NDAA) for Fiscal 

Year 2019 (i.e., the Act). Section 1108 of 

the Act established a new hiring 

authority, codified at 5 U.S.C. 3116, for 

appointing certain post-secondary 

students to certain positions in the 

competitive service. This section also 

directs OPM to issue regulations to 

implement this authority. Section 1108 

of the Act also established a hiring 

authority for appointments of college 

graduates. OPM is issuing regulations to 

implement the hiring authority for 

college graduates in a separate 

notification. (New section 3116 was 

amended by Pub. L. 116–92, the NDAA 

for Fiscal Year 2020, which modified 5 

U.S.C. 3116(d)(1).) 

OPM is issuing interim regulations, 

with an opportunity for comments, that 

will create a new subpart I of part 316, 

title 5, Code of Federal Regulations 

(CFR), and revise part 330 Recruitment, 

Selection, and Placement (General). 

The interim rule for post-secondary 

students allows agencies to make timelimited appointments per the statute of 

eligible individuals directly into the 

competitive service, without regard to 5 

U.S.C. 3309–3319 and 3330. Readers 

should note that this new hiring 

authority is separate and distinct from 

the programs authorized under the 

Executive Order 13562 (establishing the 

Pathways Programs, which provide for 

appointments in the excepted service 

for Interns, Recent Graduates, and 

Presidential Management Fellows as 

described in 5 CFR part 362). 

When using this authority, agencies 

must provide public notification and 

follow merit system principles, in 

accordance with Section 1108, as 

codified at 5 U.S.C. 3116 (The merit 

system principles are codified at 5 

U.S.C. 2301). Because section 1108 of 

the Act waives the requirement for OPM 

to post a vacancy to be filled under this 

authority that would otherwise apply (5 

U.S.C. 3330), agencies are not required 

to use www.USAJOBS.gov (i.e., 

USAJOBS) to provide notice of these 

vacancies. Agencies may wish to use 

USAJOBS, nevertheless, in light of that 

system’s ability to assist with the 

requirement to collect demographic 

information. Agencies must advertise 

positions in a manner that provides for 

‘‘diverse and qualified applicants,’’ 5 

U.S.C. 3116(c)(2)(B), ‘‘ensure[s] that 

potential applicants have appropriate 

information relevant to the position 

being filled,’’ id. at 3116(c)(2)(C), and 

adhere[s] to merit system principles,’’ 

id. at 3116(c)(2)(A). As indicated in 5 

U.S.C. 3116, agencies must determine 

whether an applicant meets the 

eligibility requirements for the PostSecondary Students hiring authority 

before giving that applicant further 

consideration. Agencies must then 

assess whether an eligible applicant 

meets the government-wide (i.e., OPMestablished) or OPM-approved agencyspecific minimum qualification 

standard for the position being filled. 

Agencies are not required to provide 

selection priority to eligible and 

qualified applicants entitled to selection 

priority in accordance with 5 CFR part 

330, subparts F and G, pertaining to 

Agency Career Transition Assistance 

Plans (CTAP) and Interagency Career 

Transition Assistance Plans (ICTAP). 

OPM has revised these subparts to 

include exceptions to these provisions 

when appointments are made using this 

Post-Secondary Student authority. 

OPM has revised 5 CFR part 315, 

subpart G, to provide for noncompetitive conversion of PostSecondary students. 

Section 1108 of the Act also allows 

agencies to make appointments without 

regard to any provision of 5 U.S.C. 3309 

through 3319. An agency may select any 

eligible individual who meets each 

minimum qualification standard, 

without regard to the application of 


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veterans’ preference, but, in accordance 

with new section 3116(c)(2)(A), must 

adhere to merit system principles, 5 

U.S.C. 2301, in so doing. Agencies may 

appoint individuals under this authority 

to time-limited appointments in the 

competitive service at the grade levels 

specified in 5 U.S.C. 3116. 

OPM is adding a new § 316.901 

Agency authority establishing that an 

agency may noncompetitively appoint 

an eligible and qualified post-secondary 

student to any position in the 

competitive service, on a time-limited 

basis, at the General Schedule (GS) 11 

level or below (or equivalent). An 

agency may appoint individuals, on a 

time-limited basis, to a temporary 

appointment (for an initial period not to 

exceed 1 year), or a term appointment 

(for an initial period expected to last 

more than 1 year but less than 4 years), 

to coincide with the individual’s 

academic curriculum and calendar. In 

either case, an agency may extend an 

initial appointment for a period that 

will allow the student to complete his 

or her degree requirements, provided 

the criteria for the student appointment 

continue to be met. Appointments made 

under this authority, however, are 

nevertheless subject to the time 

limitations in 5 CFR part 316, unless the 

agency obtains OPM’s permission to 

extend in individual cases. For example, 

an agency hires a student who is 

expected to complete his or her degree 

within 8 months. The agency would 

place the student on a temporary 

appointment (i.e., the initial 

appointment is expected to last for up 

to 1 year). If the student takes longer 

than expected to complete his or her 

degree, the agency may extend the 

initial appointment for up to an 

additional year, for a total of 24 months. 

Any extensions beyond 24 months 

would require OPM approval. As 

another example an agency hires a 

student who is expected to complete his 

or her degree within 18 months. The 

agency would place the student on a 

term appointment not to exceed 4 years 

(i.e., the initial appointment is expected 

to last for more than 1 year but not more 

than 4 years). If the student takes longer 

than expected to complete his or her 

degree, the agency may extend the 

initial appointment up to the 4-year 

limit in increments determined by the 

agency. The public notification should 

state that the agency has the option of 

extending a term appointment made 

under these provisions up to the 4-year 

limit. Any extensions beyond the 4-year 

limit would require OPM approval. 

Following publication of this rule, OPM 

will consider crafting a proposed rule to 

permit delegation of such extensions to 

agency heads. 

Interim § 316.902 Eligibility defines an 

eligible post-secondary student as an 

individual who is enrolled or accepted 

for enrollment in an institution of 

higher education and pursuing a 

baccalaureate or graduate degree on at 

least a part-time basis as determined by 

the academic institution. An institution 

of higher education is an entity defined 

by the Higher Education Act of 1965, in 

a section codified at 20 U.S.C. 1001(a). 

Interim § 316.903 Qualifications 

explains that individuals appointed 

under this authority must meet the 

government-wide OPM-prescribed 

minimum qualification standard, or 

OPM-approved agency-specific 

qualification standard, for the position 

being filled. 

Interim § 316.904 Classification 

establishes that positions filled under 

this authority must be classified under 

the General Schedule or appropriate pay 

plan to the –99 series of the appropriate 

occupational group. This section also 

explains that positions filled under the 

Federal Wage System must be classified 

to the –01 series of the appropriate 

occupational group. Agencies may refer 

to OPM’s, ‘‘Introduction to the Position 

Classification Standards’’ at https://

www.opm.gov/policy-data-oversight/ 

classification-qualifications/classifyinggeneral-schedule-positions/ 

positionclassificationintro.pdf for a 

definition of these positions. In 

addition, agencies can refer to the 

‘‘Handbook of Occupational Groups and 

Families’’ available at https://

www.opm.gov/policy-data-oversight/ 

classification-qualifications/classifyinggeneral-schedule-positions/ 

occupationalhandbook.pdf. 

Students may not be promoted while 

serving on the temporary appointment 

(i.e., an appointment not expected to 

exceed 1 year). Students may be 

converted to a new temporary 

appointment at a higher grade/band 

level provided the student meets the 

qualification requirements for the higher 

grade/band position. 

Interim § 316.905 Public notification 

contains the public notification 

requirements agencies must follow 

when using this provision. This section 

explains that if an agency using this 

authority does not use USAJOBS to post 

the position, it must post a job 

announcement on its home page, or at 

a minimum, provide a link displayed on 

the hiring agency’s website to the job 

announcement. Agencies are free to 

additionally post announcements 

directly on 3rd party recruitment 

boards, (e.g., LinkedIn, Monster, Yello) 

as long as the agency’s homepage also 

includes a link to a specific 

announcement. This section also 

explains that the job announcement 

must include information about the 

position being filled to include: The 

position’s title, series, grade level, 

minimum qualifications, and geographic 

location; the position’s salary; whether 

the position will be filled on a 

temporary or term basis (and in the case 

of a term appointment whether they 

agency will extend the appointment up 

to the 4-year limit); whether individuals 

in the position will be eligible for 

promotion; the potential for conversion 

to the agency’s permanent workforce; 

and any pertinent flexibilities that may 

be offered in conjunction with the 

position (e.g., telework opportunities or 

student loan repayments); and 

information on how to apply. This 

section also requires the agency to 

adhere to the merit system principles 

and perform appropriate recruiting and 

advertising activities to foster a diverse 

and qualified applicant pool when using 

the authority. 

Interim § 316.906 Acquisition of 

competitive status explains that 

competitive status is acquired only 

upon completion of a probationary 

period (in accordance with 5 CFR part 

315, subpart H), after any noncompetitive conversion to a permanent 

appointment pursuant to this subpart. 

Time spent on a time-limited 

appointment under this subpart may 

count toward fulfillment of the 

probationary period in accordance with 

5 CFR 315.802(b). 

Interim § 316.907 Tenure upon 

appointment states that an individual 

appointed under this provision becomes 

a career or career-conditional employee 

only upon completion of the 

individual’s academic requirements and 

non-competitive conversion to a 

permanent appointment, unless the 

individual has already satisfied the 

requirements for career tenure or is 

exempt from the service requirement in 

§ 315.201. 

Interim § 316.908 Break in program 

defines break in program as a period of 

time when a student is working but is 

unable to go to school or is neither 

attending classes nor working at the 

agency. The intent of the program is for 

students to either attend classes, work at 

the agency or both. An agency may use 

its discretion in either approving or 

denying a request for a break in 

program. 

Interim § 316.909 Promotion explains 

that post-secondary students appointed 

for an initial period expected to last 

more than 1 year but less than 4 years 

under this part may be promoted 

noncompetitively provided the 


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individual meets the qualification 

requirements for the higher grade 

position and time in grade requirements 

in 5 CFR part 300, subpart F, and the job 

announcement used to fill the original 

position mentioned the possibility of 

promotions to higher grade levels. 

Students on initial appointments for 

less than 1 year are not eligible for 

promotion. 

Interim § 316.910 Conversion 

establishes that an agency may convert 

a post-secondary student to a permanent 

appointment in the competitive service, 

within that same agency, without 

further competition if the student has 

completed the course of study leading to 

a baccalaureate or graduate degree and 

meets the qualification standards for the 

position to which converted. We have 

added § 315.201(b)(1)(xvii) to indicate 

that upon conversion, the time served 

by a post-secondary student under this 

authority is creditable toward career 

tenure and may count towards 

fulfillment of the probationary period in 

accordance with § 315.802(b). 

Interim § 316.911 Reduction in Force 

(RIF), specifies the tenure groups that 

post-secondary students are placed in 

for purposes of 5 CFR part 351. 

Individuals whose initial appointment 

is for a period not to exceed 1 year are 

placed in tenure group 0. Individuals 

whose initial appointment is for a 

period expected to last more than 1 year 

are placed in tenure group III for 

purposes of 5 CFR part 351. 

Interim § 316.912 Termination 

explains that any appointment made 

under this authority expires upon the 

not-to exceed date of that appointment, 

unless the agency extends the 

appointment prior to expiration, if not 

earlier. An agency must terminate the 

appointment of a student after 

completion of the individual’s academic 

course of study, unless the student is 

noncompetitively converted to a 

permanent position in the competitive 

service as specified in interim § 316.914. 

Interim § 316.913 Numerical limit on 

the number of appointments describes 

the restrictions on the number of 

appointments an agency may make 

using this authority in a fiscal year (FY). 

Section 1115 of the NDAA for FY2020 

amended 5 U.S.C. 3116(d), limiting the 

total number of students eligible to be 

appointed under the expedited hiring 

authority for post-secondary students. 

This section specifies that the number of 

appointments in any FY may not exceed 

15 percent of the number of students 

appointed during the previous fiscal 

year to positions at the GS–11 level, or 

below (or equivalent). An appointing 

agency may not count appointments 

made using direct hire authorities, noncompetitive authorities, excepted 

service authorities (except Pathways 

Internship Program appointments under 

§ 213.3402 (a) and 5 CFR part 362, 

subpart B), or selections under merit 

promotion authorities, when 

establishing the limit for a given fiscal 

year. An agency must count hires 

through programs that provide for 

conversion to the competitive service 

after a trial period, such as the Pathways 

Intern Program. In calculating this 

limitation agencies may round up or 

down to the nearest whole number, if 

necessary, to eliminate a decimal place. 

Values ending in ‘‘.5’’ or more may be 

rounded up to the nearest whole 

number in determining an agency’s cap 

limitation. Values ending in less than 

‘‘.5’’ should be rounded down to the 

nearest whole number in determining 

an agency’s limitation. For example, 

15% of 217 is 32.55, which should be 

rounded up to 33 or 15% of 235 is 

35.25, which should be rounded down 

to 35. This section also provides that 

OPM may establish a lower percentage 

limitation based on any factor OPM 

deems appropriate. OPM shall notify 

agencies via the OPM website and other 

venues (such as the Chief Human 

Capital Officer’s Council) of any 

changes to the numerical limitation, 

applicable governmentwide. Changes to 

the numerical limit for an individual 

agency will be communicated directly 

to the agency. 

Interim § 316.914 Reporting 

Requirements, in paragraph (a), 

describes the type of data and frequency 

at which agencies must provide 

information to the Congress and OPM 

on their use of this authority. Agencies 

will be required to provide data on the 

total number of appointments; the grade 

levels and occupational series of the 

positions filled; the numerical limit 

established for the authority; the 

number of those appointed who have 

been separated; recruitment activities; 

and any difficulties encountered in 

using the authority. OPM will provide 

written guidance, around the time this 

rule is published, describing the means 

by which agencies should collect this 

information, the timing of such 

collections, and the groups as to which 

information should be collected. 

Interim § 316.914(b) establishes that 

OPM may request from agencies any 

additional information it deems 

necessary to further evaluate the impact 

and effectiveness of this authority. 

Interim § 316.915 describes the 

special provisions on the use of the 

authority by Department of Defense 

(DoD) in relation to other DoD specific 

hiring authorities. 

Waiver of Proposed Rulemaking 

Section 3116 of title 5, U.S. Code, as 

enacted by section 1108 of Public Law 

115–232, the John S. McCain National 

Defense Authorization Act (NDAA) for 

Fiscal Year (FY) 2019, directs this 

rulemaking shall be through ‘‘interim 

regulations, with an opportunity to 

comment.’’ Therefore, the general notice 

of proposed rulemaking typically 

required under 5 U.S.C. 553(b) and 

1103(b) is statutorily waived for this 

rule. 

Expected Impact of This Interim Rule 

This statute provides Federal agencies 

with authority to hire interns under a 

new scheme designed to facilitate an 

effective pipeline of new prospects for 

potential permanent appointment to 

help sustain the Federal workforce. 

OPM is issuing this rule to implement 

5 U.S.C. 3116. This statute establishes a 

hiring authority for interns into 

positions at specified grade levels in the 

competitive service. This regulation 

allows agencies to make appointments 

of post-secondary students directly into 

the competitive service positions, 

without regard to rating, ranking, 

veterans’ preference, and public notice 

provisions in 5 U.S.C. 3309–3319 and 

3330. The purpose of the authority is to 

provide a useful tool as part of an 

overall strategy to implement strategic 

workforce and recruitment plans. 

Costs 

This interim final rule will affect the 

operations of over 80 Federal agencies— 

ranging from cabinet-level departments 

to small independent agencies. We 

estimate that this rule will require 

individuals employed by these agencies 

to develop policies and procedures to 

implement the rule and perform 

outreach and recruitment activities 

when using the authority. For the 

purpose of this cost analysis, the 

assumed average salary rate of Federal 

employees performing this work will be 

the rate in 2021 for GS–14, step 5, from 

the Washington, DC, locality pay table 

($138,866 annual locality rate and 

$66.54 hourly locality rate). We assume 

that the total dollar value of labor, 

which includes wages, benefits, and 

overhead, is equal to 200 percent of the 

wage rate, resulting in an assumed labor 

cost of $133.08 per hour. 

In order to comply with the regulatory 

changes in this interim final rule, 

affected agencies will need to review the 

rule and update their policies and 

procedures. We estimate that, in the first 

year following publication of the final 

rule, this will require an average of 250 

hours of work by employees with an 


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46106 Federal Register / Vol. 86, No. 157 / Wednesday, August 18, 2021 / Rules and Regulations 

average hourly cost of $133.08. This 

would result in estimated costs in that 

first year of implementation of about 

$33,270 per agency, and about 

$2,661,600 in total Governmentwide. 

We do not believe this rule will 

substantially increase the ongoing 

administrative costs to agencies 

(including the administrative costs of 

administering the program and hiring 

and training new staff). 

Benefits 

This authority will allow agencies to 

use strategic recruiting to hire postsecondary students to fill professional 

and administrative positions at general 

schedule (GS) 11 level and below. When 

using the authority agencies will have 

additional flexibility in how these 

students are hired. Federal agencies 

would determine recruitment sources 

and processes for the solicitation of 

applications and would be held 

responsible for merit-based selections. 

This authority when combined with 

agencies strategic recruitment plans may 

help agencies better recruit to fill 

mission critical occupations. 

This flexibility is critical to agencies’ 

ability to continue to meet current and 

future mission needs. Intern programs 

allow agencies to hire students, while in 

school, and provide them with on-thejob training to prepare them for a career 

in the Federal Government. It also 

introduces students to the wide range of 

occupations and employment 

opportunities that the Federal 

Government employs and offers. In FY 

2020, the Federal Government hired 

fewer than 5,925 students Governmentwide (a small portion of the number of 

interns hired under other authorities). 

The low number of intern hires is 

insufficient to build the pipeline needed 

to sustain the Federal Workforce. 

Executive Order 12866 

Executive Order 12866 directs 

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). In accordance with the 

provisions of Executive Order 12866, 

this rule was reviewed by the Office of 

Management and Budget as a 

significant, but not economically 

significant rule. 

Regulatory Flexibility Act 

The Director of the Office of 

Personnel Management certifies that 

this rule will not have a significant 

economic impact on a substantial 

number of small entities. 

Federalism 

This regulation will not have 

substantial direct effects on the States, 

on the relationship between the 

National Government and the States, or 

on distribution of power and 

responsibilities among the various 

levels of government. Therefore, in 

accordance with Executive Order 13132, 

it is determined that this rule does not 

have sufficient federalism implications 

to warrant preparation of a Federalism 

Assessment. 

Civil Justice Reform 

This regulation meets the applicable 

standard set forth in Executive Order 

12988. 

Unfunded Mandates Reform Act of 

1995 

This rule 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 (known as the Congressional 

Review Act or CRA) (5 U.S.C. 801 et 

seq.) requires rules to be submitted to 

Congress before taking effect. OPM will 

submit to Congress and the Comptroller 

General of the United States a report 

regarding the issuance of this rule before 

its effective date, as required by 5 U.S.C. 

801. The Office of Information and 

Regulatory Affairs in the Office of 

Management and Budget has 

determined that this rule is not a major 

rule as defined by the CRA (5 U.S.C. 

804). The Office of Information and 

Regulatory Affairs in the Office of 

Management and Budget has 

determined that this rule is not a major 

rule as defined by the CRA (5 U.S.C. 

804). 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501–3521) 

This final regulatory action will not 

impose any additional reporting or 

recordkeeping requirements under the 

Paperwork Reduction Act. 

List of Subjects in 5 CFR Parts 315, 316 

and 330 

Government employees. 

Office of Personnel Management. 

Steve Hickman, 

Federal Register Liaison. 

Accordingly, OPM is amending parts 

315, 316, and 330 of title 5, Code of 

Federal Regulations, as follows: 

PART 315—CAREER AND CAREERCONDITIONAL EMPLOYMENT 

■ 1. The authority citation for part 315 

continues to read as follows: 

Authority: 5 U.S.C. 1302, 2301, 2302, 3301, 

and 3302; E.O. 10577, 3 CFR, 1954–1958 

Comp. p. 218, unless otherwise noted; E.O. 

13162, and E.O. 13839. 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. 2506. 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 issued under E.O. 13473. 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, 1987 Comp. p. 229. 

Subpart I also issued under 5 U.S. C. 3321, 

E.O. 12107, 3 CFR, 1978 Comp. p. 264. 

Subpart B—The Career-Conditional 

Employment System 

■ 2. Amend § 315.201 by: 

■ a. Removing the word ‘‘and’’ at the 

end of paragraph (b)(1)(xv); 

■ b. Removing the period at the end of 

paragraph (b)(1)(xvi) and adding ‘‘; and’’ 

in its place; and 

■ c. Adding paragraph (b)(1)(xvii). 

The addition reads as follows: 

§ 315.201 Service requirement for career 

tenure. 

* * * * * 

(b) * * * 

(1) * * * 

(xvii) The date of a time-limited postsecondary student appointment under 

subpart F of this part provided the 

appointment is converted to career or 

career-conditional appointment under 5 

CFR part 316, subpart I. 

* * * * * 

Subpart G—Conversion to Career or 

Career-Conditional Employment From 

Other Types of Employment 

■ 3. Add § 315.714 to read as follows: 

§ 315.714 Conversion based on service in 

a post-secondary student appointment 

under part 316, subpart I, of this chapter. 

(a) Agency authority. An agency may 

convert to a career or career-conditional 

appointment from a time-limited 


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Federal Register / Vol. 86, No. 157 / Wednesday, August 18, 2021 / Rules and Regulations 46107 

appointment pursuant to 5 CFR part 

316, subpart I, without further 

competition. 

(b) Eligibility. To be eligible for 

conversion the post-secondary student 

must: 

(1) Have completed the course of 

study leading to the baccalaureate or 

graduate degree (or certificate as 

appropriate); 

(2) Have completed not less than 640 

hours of current continuous 

employment in an appointment under 

§ 316.902 of this chapter; 

(3) Meet the OPM qualification 

standards for the position to which the 

student will be converted; and 

(4) Meet the time-in-grade 

requirements in accordance with 5 CFR 

part 300, subpart F. 

(c) Tenure on conversion. An 

employee whose employment to career 

or career-conditional employment under 

this section becomes: 

(1) A career-conditional employee 

except as provided in paragraph (c)(2) of 

this section; or 

(2) A career employee when he or she 

has completed the service requirement 

for career tenure or is excepted from it 

by § 315.201(c). 

(d) Acquisition of competitive status. 

A post-secondary student converted 

from time limited employment under 

this section acquires competitive status 

upon completion of probation. 

PART 316—TEMPORARY AND TERM 

EMPLOYMENT 

■ 4. Revise the authority citation for part 

316 to read as follows: 

Authority: 5 U.S.C. 3116, 3301, 3302; E.O. 

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

■ 5. Add subpart I, consisting of 

§§ 316.901 through 316.915, to read as 

follows: 

Subpart I—Hiring Authority for PostSecondary Students 

Sec. 

316.901 Appointment authority. 

316.902 Eligibility. 

316.903 Qualifications. 

316.904 Classification. 

316.905 Public notification. 

316.906 Acquisition of competitive status. 

316.907 Tenure upon appointment. 

316.908 Breaks in program. 

316.909 Promotion. 

316.910 Conversion. 

316.911 Reduction in force. 

316.912 Termination. 

316.913 Numerical limit on the number of 

appointments. 

316.914 Reporting requirement. 

316.915 Special provisions for Department 

of Defense. 

§ 316.901 Appointment authority. 

In accordance with the provisions of 

this section, an agency may make a 

time-limited appointment of an eligible 

and qualified post-secondary student, to 

any position in the competitive service, 

at the General Schedule (GS) 11 level or 

below (or equivalent), without regard to 

the provisions of 5 U.S.C. 3309 through 

3319 and 3330. An agency may appoint 

an individual for an initial period not to 

exceed 1 year, or for an initial period 

expected to last more than 1 year but 

less than 4 years, in accordance with 

§§ 316.401(c)(1) and 316.301(a) and (b), 

respectively, to coincide with the 

individual’s academic curriculum. In 

either case an agency may extend or 

seek extension from OPM, as 

appropriate in accordance with this 

part, of an initial appointment for a 

period that will allow the postsecondary student to complete his or 

her academic requirements leading to 

the awarding of a degree or certificate, 

as appropriate. 

§ 316.902 Eligibility. 

A post-secondary student means an 

individual who: 

(a) Is enrolled or accepted for 

enrollment in an institution of higher 

education as defined by the Higher 

Education Act of 1965, in a section 

codified at 20 U.S.C.1001(a); and 

(b) Is pursuing a baccalaureate or 

graduate degree on at least a part-time 

basis, as determined by the institution 

of higher education; and 

(c) Meets the minimum qualification 

standards prescribed or approved by 

OPM for the position to which the 

individual is being appointed. 

§ 316.903 Qualifications. 

Agencies must evaluate eligible postsecondary students using the 

government-wide OPM prescribed 

minimum qualification standard or an 

OPM-approved agency-specific 

qualification standard for the position 

being filled. 

§ 316.904 Classification. 

Post-secondary student positions 

under the General Schedule or 

appropriate pay plan must be classified 

to the –99 series of the appropriate 

occupational group. Federal Wage 

System positions filled under the 

authority in this subpart must be 

classified to the –01 series of the 

appropriate occupational group. 

Agencies may refer to OPM’s, 

‘‘Introduction to the Position 

Classification Standards’’ at https://

www.opm.gov/policy-data-oversight/ 

classification-qualifications/classifyinggeneral-schedule-positions/ 

positionclassificationintro.pdf for a 

definition of these positions. In 

addition, agencies can refer to the 

‘‘Handbook of Occupational Groups and 

Families’’ available at https://

www.opm.gov/policy-data-oversight/ 

classification-qualifications/classifyinggeneral-schedule-positions/ 

occupationalhandbook.pdf. 

§ 316.905 Public notification. 

An agency must adhere to merit 

system principles and thus must 

provide public notification in a manner 

that recruits qualified individuals from 

appropriate sources in an endeavor to 

draw from all segments of society, 

before filling a position under the 

authority in this subpart. An agency 

may, but is not required to, use 

USAJOBS for this purpose. If the agency 

does not use USAJOBS to meet the 

requirements in this section, it must, at 

a minimum, publicly display 

information about the position to be 

filled on its public facing home page. 

An agency may, alternatively, provide 

an actual job announcement on its 

public facing home page or provide a 

link to the job announcement on its 

public facing home page. The agency 

should consider whether additional 

recruitment and advertisement activities 

are necessary or appropriate to further 

merit system principles. A job 

announcement must include, at a 

minimum, the following information: 

(a) The position title, series, grade 

level; 

(b) The geographic location where the 

position will be filled; 

(c) The starting salary of the position; 

(d) The minimum qualifications of the 

position; 

(e) Whether the individual in the 

position will be eligible for promotion 

to higher grade levels; 

(f) The time-limit applicable to the 

position, and in the case of a term 

appointment the vacancy 

announcement must state that the 

agency has the option of extending the 

term appointment up to the 4-year limit 

(if applicable); 

(g) The potential for conversion to the 

agency’s permanent workforce; 

(h) Any other relevant information 

about the position such as telework 

opportunities, recruitment incentives, 

etc.; and 

(i) Specific information instructing 

applicants on how to apply for the 

position. 

§ 316.906 Acquisition of competitive 

status. 

Time spent on a time-limited 

appointment under this part may count 

toward fulfillment of a probation period 


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46108 Federal Register / Vol. 86, No. 157 / Wednesday, August 18, 2021 / Rules and Regulations 

in accordance with § 315.802(b) of this 

chapter. A student appointed under 

§ 316.901 acquires competitive status 

only upon completion of probationary 

period after any conversion, in 

accordance with the provisions of 5 CFR 

part 315, subpart H. 

§ 316.907 Tenure upon appointment. 

An individual appointed under 

§ 316.901 becomes a career-conditional 

employee upon completion of academic 

requirements and noncompetitive 

conversion to a permanent appointment 

in accordance with § 316.910, unless the 

individual has already satisfied the 

requirements for career tenure or is 

exempt from the service requirement 

pursuant to § 315.201 of this chapter. 

§ 316.908 Breaks in program. 

A break in program is defined as a 

period of time when a student is 

working for the agency but is unable to 

go to school, or is neither attending 

classes nor working for the agency. An 

agency may use its discretion in either 

approving or denying a request for a 

break in program. 

§ 316.909 Promotion. 

An agency may promote a student 

appointed for an initial period expected 

to last more than 1 year but less than 4 

years provided the student meets the 

qualification requirements for the higher 

graded position, time in grade 

requirements in 5 CFR part 300, subpart 

F, and the public notification for the 

position filled by the student stated the 

potential for promotion and specified a 

career ladder. 

§ 316.910 Conversion. 

An agency may convert a student 

serving in an appointment under the 

authority in this subpart, prior to the 

expiration date of the appointment, to a 

permanent position in the competitive 

service within the agency without 

further competition if the student: 

(a) Has completed the course of study 

leading to the baccalaureate or graduate 

degree (or certificate as appropriate); 

(b) Has completed not less than 640 

hours of current continuous 

employment in an appointment under 

§ 316.902; 

(c) Meets the OPM qualification 

standards for the position to which the 

student will be converted; and 

(d) Meets the time-in-grade 

requirements in accordance with 5 CFR 

part 300, subpart F. 

§ 316.911 Reduction in force. 

(a) Reduction in force. Post-secondary 

students are covered by part 351 of this 

chapter for purposes of reduction in 

force (RIF). 

(1) Students whose initial 

appointment was for a period of 1 year 

or less are not assigned a tenure group 

and do not compete with other 

employees in a RIF. 

(2) Students whose initial 

appointment was for a period expected 

to last more than 1 year are placed in 

Tenure Group III for purposes of part 

351 of this chapter. 

(b) [Reserved] 

§ 316.912 Termination. 

(a) Any appointment made under the 

authority in this subpart expires on the 

not-to-exceed date of that appointment 

unless the agency extends the 

appointment prior to expiration. 

(b) An agency must terminate any 

student without regard to any provision 

of 5 U.S.C. chapter 35 or 75, who: 

(1) Does not maintain eligibility in 

accordance with §§ 316.902 and 

316.910; or 

(2) Is not converted in accordance 

with § 316.910. 

§ 316.913 Numerical limit on the number of 

appointments. 

(a) Except as provided in paragraph 

(b) of this section, the total number of 

students that an agency may appoint 

under this section during a fiscal year 

may not exceed the number equal to 15 

percent of the number of students the 

agency head appointed during the 

previous fiscal year to a position at the 

GS–11 level or below (or equivalent). 

An appointing agency may not count 

appointments made using direct hire 

authorities, non-competitive authorities, 

excepted service authorities other than 

Pathways Internship Program 

appointments under § 213.3402(a) of 

this chapter and 5 CFR part 362, subpart 

B, or selections under merit promotion 

authorities, when establishing the limit 

for a given fiscal year. 

(b) OPM may establish a lower 

limitation on the number of students 

that may be appointed by an agency 

under paragraph (a) of this section 

during a fiscal year based on any factor 

OPM considers appropriate. OPM shall 

notify agencies via the OPM website and 

other venues (such as the Chief Human 

Capital Officer’s Council) of any 

changes to the numerical limitation, 

applicable governmentwide. Changes to 

the numerical limit for an individual 

agency will be communicated directly 

to the agency. 

§ 316.914 Reporting requirement. 

(a) Not later than September 30 of 

each of the first three (3) fiscal years 

beginning after August 13, 2018, when 

5 U.S.C. 3116 was enacted, an agency 

that makes an appointment under this 

subpart must submit a report to 

Congress and OPM on the impact of its 

use of the authority in this subpart 

during the fiscal year in which the 

report is submitted. OPM will provide 

written guidance describing the means 

by which agencies should collect this 

information, the timing of such 

collections, and the groups as to which 

information should be collected. The 

report must contain the following 

information: 

(1) The total number of individuals 

appointed by the agency under the 

authority in this subpart by position 

title, series, grade, and geographic 

location of the position, and type of 

appointment; 

(2) The number of individuals 

appointed under the authority in this 

subpart by the items identified in 5 

U.S.C. 3116(h), and in OPM guidance; 

(3) The number of veterans appointed, 

as defined in 5 U.S.C. 2108; 

(4) Any numerical limitation 

established by the agency in accordance 

with § 316.913; 

(5) The recruitment sources and 

methods used by the agency to fill 

positions; 

(6) The total number of individuals 

appointed by the agency during the 

applicable fiscal year to a position in the 

competitive service classified in a 

professional or administrative 

occupational category at the GS–11 level 

or below (or equivalent); 

(7) The number of individuals 

appointed under the authority that have 

been separated; 

(8) Information on difficulties 

encountered when using the authority; 

and 

(9) The number of employees 

converted to permanent positions under 

the authority in this subpart. 

(b) OPM may request additional 

information from agencies on their use 

of the authority in this subpart. An 

agency must include in its report to 

Congress and OPM any additional 

information required by OPM under this 

section. 

§ 316.915 Special provisions for 

Department of Defense. 

This subpart does not preclude the 

Secretary of Defense from exercising 

authority to appoint a post-secondary 

student under Public Law 114–328, 

Section 1106. Additionally, this subpart 

does not apply to the Department of 

Defense during the period that Public 

Law 114–328, Section 1106, is effective. 


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Federal Register / Vol. 86, No. 157 / Wednesday, August 18, 2021 / Rules and Regulations 46109 

PART 330—RECRUITMENT, 

SELECTION, AND PLACEMENT 

(GENERAL) 

■ 6. Revise the authority citation for part 

330 to read as follows: 

Authority: 5 U.S.C. 1104, 1302, 3116, 3316, 

3301, 3302, 3304, and 3330; E.O. 10577, 19 

FR 7521, 3 CFR, 1954–58 Comp., p. 218; 

Section 330.103 also issued under 5 U.S.C. 

3327; Section 330.104 also issued under sec. 

2(d), Pub. L. 114–137, 130 Stat. 310; Subpart 

B also issued under 5 U.S.C. 3315 and 8151; 

Section 330.401 also issued under 5 U.S.C. 

3310; Subparts F and G also issued under 

Presidential Memorandum on Career 

Transition Assistance for Federal Employees, 

September 12, 1995; Subpart G also issued 

under 5 U.S.C. 8337(h) and 8456(b); Section 

330.707 also issued under 5 U.S.C. 3115 and 

3116. 

Subpart F—Agency Career Transition 

Assistance Plan (CTAP) for Local 

Surplus and Displaced Employees 

■ 7. Amend § 330.609 by: 

■ a. Removing the word ‘‘and’’ at the 

end of paragraph (e)(2); 

■ b. Adding the word ‘‘and’’ at the end 

of paragraph (e)(3); 

■ c. Adding paragraph (e)(4); 

■ d. Removing the word ‘‘or’’ at the end 

of paragraph (cc); 

■ e. Removing the period at the end of 

paragraph (dd) and adding a semicolon 

in its place; 

■ f. Removing the period at the end of 

paragraph (ee) and adding ‘‘; or’’ in its 

place; and 

■ g. Adding reserve paragraph (ff) and 

paragraph (gg). 

The additions read as follows: 

§ 330.609 Exceptions to CTAP selection 

priority. 

* * * * * 

(e) * * * 

(4) A post-secondary student 

appointment under 5 U.S.C. 3116 and 

part 316, subpart I, of this chapter; 

* * * * * 

(gg) Make an appointment using the 

post-secondary student hiring authority 

under 5 U.S.C. 3116 and part 316, 

subpart I, of this chapter. 

Subpart G—Interagency Career 

Transition Assistance Plan (ICTAP) for 

Displaced Employees 

■ 8. Amend § 330.707 by: 

■ a. Removing the word ‘‘and’’ at the 

end of paragraph (h)(2); 

■ b. Adding the word ‘‘and’’ at the end 

of paragraph (h)(3); 

■ c. Adding paragraph (h)(4); 

■ d. Removing the word ‘‘or’’ at the end 

of paragraph (u); 

■ e. Removing the period at the end of 

paragraph (v) and adding ‘‘; or’’ in its 

place; and 

■ f. Adding reserve paragraphs (w) and 

(x) and paragraph (y). 

The additions read as follows: 

§ 330.707 Exceptions to ICTAP selection 

priority. 

* * * * * 

(h) * * * 

(4) A post-secondary student 

appointment under 5 U.S.C. 3116 and 

part 316, subpart I, of this chapter; 

* * * * * 

(y) Make an appointment using the 

post-secondary student hiring authority 

under 5 U.S.C. 3116 and part 316, 

subpart I, of this chapter. 

[FR Doc. 2021–17638 Filed 8–17–21; 8:45 am] 

BILLING CODE 6325–39–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2021–0618; Project 

Identifier 2019–CE–005–AD; Amendment 

39–21676; AD 2021–16–14] 

RIN 2120–AA64 

Airworthiness Directives; BALO ́ NY 

KUBI ́Cˇ EK spol. s r.o. Balloons 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule; request for 

comments. 

SUMMARY: The FAA is adopting a new 

airworthiness directive (AD) for certain 

BALO ́ NY KUBI ́Cˇ EK spol. s r.o. Models 

BB78Z, BB85Z, BB92Z, and BB130P 

balloons. This AD was prompted by 

mandatory continuing airworthiness 

information (MCAI) issued by the 

aviation authority of another country to 

identify and correct an unsafe condition 

on an aviation product. The MCAI 

describes the unsafe condition as failure 

of the envelope vertical load tape. The 

FAA is issuing this AD to address the 

unsafe condition on these products. 

DATES: This AD is effective September 7, 

2021. 

The FAA must receive comments on 

this AD by October 4, 2021. 

ADDRESSES: You may send comments, 

using the procedures found in 14 CFR 

11.43 and 11.45, by any of the following 

methods: 

• Federal eRulemaking Portal: Go to 

https://www.regulations.gov. Follow the 

instructions for submitting comments. 

• Fax: (202) 493–2251. 

• Mail: U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue SE, 

Washington, DC 20590. 

• Hand Delivery: Deliver to Mail 

address above between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. 

For service information identified in 

this final rule, contact BALO ́ NY 

KUBI ́Cˇ EK spol. s r.o., Francouzska ́ 8, 

602 00 Brno, Czech Republic; phone: 

+420 545 422 620; fax: +420 545 422 

621; email: info@kubicekballoons.cz; 

website: www.kubicekballoons.eu. You 

may view this service information at the 

FAA, Airworthiness Products Section, 

Operational Safety Branch, 901 Locust, 

Kansas City, MO 64106. For information 

on the availability of this material at the 

FAA, call (816) 329–4148. It is also 

available at https://www.regulations.gov 

by searching for and locating Docket No. 

FAA–2021–0618. 

Examining the AD Docket 

You may examine the AD docket at 

https://www.regulations.gov by 

searching for and locating Docket No. 

FAA–2021–0618; 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, the MCAI, any comments 

received, and other information. The 

street address for the Docket Operations 

is listed above. 

FOR FURTHER INFORMATION CONTACT: 

Mike Kiesov, Aviation Safety Engineer, 

General Aviation & Rotorcraft Section, 

International Validation Branch, FAA, 

901 Locust, Room 301, Kansas City, MO 

64106; phone: (816) 329–4144; fax: (816) 

329–4090; email: mike.kiesov@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

The FAA invites you to send any 

written data, views, or arguments about 

this final rule. Send your comments to 

an address listed under ADDRESSES. 

Include ‘‘Docket No. FAA–2021–0618 

and Project Identifier 2019–CE–005– 

AD’’ at the beginning of your comments. 

The most helpful comments reference a 

specific portion of the final rule, explain 

the reason for any recommended 

change, and include supporting data. 

The FAA will consider all comments 

received by the closing date and may 

amend this final rule because of those 

comments. 

Except for Confidential Business 

Information (CBI) as described in the 

following paragraph, and other 

information as described in 14 CFR 

11.35, the FAA will post all comments 

received, without change, to https://

www.regulations.gov, including any 

personal information you provide. The 

agency will also post a report 

summarizing each substantive verbal 

contact received about this final rule. 


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