25222 Federal Register / Vol. 87, No. 82 / Thursday, April 28, 2022 / Notices 

FOR FURTHER INFORMATION CONTACT: Tina 

Faecke, Management and Program 

Analyst, NEHRP, Engineering 

Laboratory, NIST, 100 Bureau Drive, 

Mail Stop 8604, Gaithersburg, Maryland 

20899–8604. Ms. Faecke’s email address 

is tina.faecke@nist.gov and her phone 

number is (301) 975–5911. 

SUPPLEMENTARY INFORMATION: Authority: 

42 U.S.C. 7704(a)(5) and the Federal 

Advisory Committee Act, as amended, 5 

U.S.C. app. The Committee is currently 

composed of 12 members, appointed by 

the Director of NIST, who were selected 

for their established records of 

distinguished service in their 

professional community, their 

knowledge of issues affecting NEHRP, 

and to reflect the wide diversity of 

technical disciplines, competencies, and 

communities involved in earthquake 

hazards reduction. In addition, the 

Chairperson of the U.S. Geological 

Survey Scientific Earthquake Studies 

Advisory Committee serves as an exofficio member of the Committee. 

Pursuant to the Federal Advisory 

Committee Act, as amended, 5 U.S.C. 

app., notice is hereby given that the 

ACEHR will meet on Tuesday, August 

23, 2022, from 1:00 p.m. to 4:00 p.m. 

and Wednesday, August 24, 2022, from 

1:00 p.m. to 4:00 p.m. Eastern Time. The 

meeting will be open to the public and 

will be held via web conference. 

Interested members of the public will be 

able to participate in the meeting from 

remote locations. The primary purpose 

of this meeting is for the Committee to 

review the activities of NEHRP. The 

agenda may change to accommodate 

Committee business. The final agenda 

and any meeting materials will be 

posted on the NEHRP website at https:// 

nehrp.gov/committees/meetings.htm. 

Individuals and representatives of 

organizations who would like to offer 

comments and suggestions related to 

items on the Committee’s agenda for 

this meeting are invited to request a 

place on the agenda. Approximately 

fifteen minutes will be reserved for 

public comments and speaking times 

will be assigned on a first-come, firstserve basis. This meeting will be 

recorded. Public comments can be 

provided via email or by web 

conference attendance. The amount of 

time per speaker will be determined by 

the number of requests received. 

Questions from the public will not be 

considered during this period. All those 

wishing to speak must submit their 

request by email to Tina Faecke at 

tina.faecke@nist.gov by 5:00 p.m. 

Eastern Time, Tuesday, August 16, 

2022. Speakers who wish to expand 

upon their oral statements, those who 

wish to speak but cannot be 

accommodated on the agenda, and those 

who are unable to attend are invited to 

submit written statements electronically 

by email to tina.faecke@nist.gov. 

Anyone wishing to attend this 

meeting via web conference must 

register by 5:00 p.m. Eastern Time, 

Tuesday, August 16, 2022. Please 

submit your full name, the organization 

you represent (if applicable), email 

address, and phone number to Tina 

Faecke at tina.faecke@nist.gov. 

Alicia Chambers, 

NIST Executive Secretariat. 

[FR Doc. 2022–09113 Filed 4–27–22; 8:45 am] 

BILLING CODE 3510–13–P 

DEPARTMENT OF COMMERCE 

National Institute of Standards and 

Technology 

[Docket Number: 220420–0100] 

Alternative Personnel Management 

System (APMS) at the National 

Institute of Standards and Technology 

AGENCY: National Institute of Standards 

and Technology, Department of 

Commerce. 

ACTION: Notice of modifications. 

SUMMARY: This notice modifies the 

National Institute of Standards and 

Technology (NIST) Alternative 

Personnel Management System (APMS) 

published October 21, 1997 to allow 

NIST to implement a term appointment 

with a minimum duration of more than 

one year that may be extended up to six 

years, for research positions in the 

Scientific and Engineering (ZP) career 

path at the Pay Band III-level and above. 

These term appointments will be subject 

to a trial period that lasts the duration 

of the term (initial appointment 

including any subsequent extensions). 

This notice also modifies the APMS to 

allow NIST to convert an employee 

serving under a term appointment under 

this authority to a permanent 

appointment in the competitive service 

without further competition. 

DATES: This notice is effective on April 

28, 2022. 

FOR FURTHER INFORMATION CONTACT: For 

further information, please contact 

Essex W. Brown III, NIST Office of 

Human Resources Management, by 

telephone at (301) 975–3801 or by email 

at essex.brown@nist.gov. 

SUPPLEMENTARY INFORMATION: In 

accordance with Public Law 99–574, the 

National Bureau of Standards 

Authorization Act for Fiscal Year 1987, 

the Office of Personnel Management 

(OPM) approved a demonstration 

project plan, ‘‘Alternative Personnel 

Management System (APMS) at the 

National Institute of Standards and 

Technology (NIST),’’ and published the 

plan in the Federal Register on October 

2, 1987 (52 FR 37082). The published 

demonstration project plan was 

modified twice, once to clarify certain 

NIST authorities (54 FR 21331, May 17, 

1989) and once to revise the 

performance appraisal system and the 

pay administration system in order to 

better link pay with performance (55 FR 

39220, September 25, 1990). The APMS 

was made permanent in Section 10 of 

the National Technology Transfer and 

Advancement Act of 1995, Public Law 

104–113, 110 Stat. 775 (Mar. 7, 1996) 

(codified at 15 U.S.C. 275 note), and the 

project plan and subsequent 

amendments were consolidated in the 

final APMS plan, which was published 

in the Federal Register on October 21, 

1997 (62 FR 54604). NIST published ten 

subsequent amendments to the final 

APMS plan: One on May 6, 2005 (70 FR 

23996), which became effective upon 

publication in the Federal Register; one 

on July 15, 2008 (73 FR 40500), which 

became effective on October 1, 2008; 

one on July 21, 2009 (74 FR 35841), 

which became effective upon 

publication in the Federal Register; one 

on January 5, 2011 (76 FR 539), which 

became effective upon publication in 

the Federal Register; one on June 19, 

2012 (77 FR 36485), which became 

effective upon publication in the 

Federal Register; one on August 13, 

2012 (77 FR 48128), which became 

effective upon publication in the 

Federal Register; one on August 24, 

2012 (77 FR 51518), which became 

effective upon publication in the 

Federal Register; one on September 24, 

2015 (80 FR 57580), which became 

effective upon publication in the 

Federal Register; one on July 21, 2009 

(74 FR 35843), which became effective 

upon publication in the Federal 

Register; and one on April 11, 2019 (84 

FR 14654), which became effective upon 

publication in the Federal Register. 

The APMS allows for modifications to 

be made as experience is gained, results 

are analyzed, and conclusions are 

reached on how the system is working. 

Through this notice, NIST recognizes a 

modification within the APMS plan that 

allows NIST to: 

(a) Implement a term appointment, 

with a minimum duration of more than 

one year that may be extended up to six 

years, for research positions in the 

Scientific and Engineering (ZP) career 

path at the Pay Band III-level and above. 

These term appointments will be subject 

to a trial period that lasts the duration 


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Federal Register / Vol. 87, No. 82 / Thursday, April 28, 2022 / Notices 25223 

of the term (initial appointment 

including any subsequent extensions). 

(b) Convert an employee serving 

under a term appointment under this 

authority to a permanent appointment 

in the competitive service without 

further competition if all of the 

following are met— 

(1) such individual was appointed 

under open, competitive examination 

under subchapter I of chapter 33 to the 

term position; 

(2) the announcement for the term 

appointment from which the conversion 

is made stated that there was potential 

for subsequent conversion to a careerconditional or career appointment; 

(3) the employee has completed at 

least 2 years of current continuous 

service under a term appointment in the 

competitive service under this 

authority; 

(4) the employee’s performance under 

such term appointment was at least 

Contributor level (Level 3) or 

equivalent; and 

(5) the position to which such 

employee is being converted under this 

section is in the same occupational 

series, is in the same geographic 

location, and provides no greater 

promotion potential than the term 

position for which the competitive 

examination was conducted. 

Conversion to a permanent position is 

not guaranteed even if the above 

conditions are met. 

Dated: 

Del Brockett, 

Chair, Personnel Management Board. 

Table of Contents 

I. Executive Summary 

II. Basis for Recognition of OPM 

Authorization in the APMS Plan 

III. Language Inserted Into the APMS Plan 

I. Executive Summary 

The National Institute of Standards 

and Technology’s (NIST) Alternative 

Personnel Management System (APMS) 

is designed to: (1) Improve hiring and 

allow NIST to compete more effectively 

for high-quality researchers through 

direct hiring, selective use of higherentry salaries, and selective use of 

recruiting allowances; (2) motivate and 

retain staff through higher pay potential, 

a pay-for-performance system, more 

responsive personnel systems, and 

selective use of retention allowances; (3) 

strengthen the manager’s role in 

personnel management through 

delegation of personnel authorities; and 

(4) increase the efficiency of personnel 

systems through installation of a 

simpler and more flexible classification 

system based on pay banding, through 

reduction of guidelines, steps, and 

paperwork in classification, hiring, and 

other personnel systems, and through 

automation (52 FR 37082, October 2, 

1987). Since implementing the APMS, 

NIST is more competitive for talent, and 

NIST managers report significantly more 

authority to make decisions concerning 

employee pay. 

As provided in this notice, NIST is 

modifying its APMS to allow NIST to (a) 

implement a new appointment 

mechanism that allows NIST to hire 

individuals on a term appointment, 

with a minimum duration of more than 

one year that may be extended up to six 

years, and (b) convert an employee 

serving under a term appointment under 

this authority to a permanent 

appointment in the competitive service 

without further competition. These 

authorizations will provide NIST with 

greater flexibility to shape the workforce 

based on research program changes by 

permitting term appointments of longer 

duration and authorizing a streamlined 

way to convert term employees to 

permanent status. In addition, they will 

enhance NIST’s ability to recruit and 

retain highly skilled individuals in 

mission-critical occupations and 

provide greater opportunities for term 

employees in pursuing their career 

objectives. 

The positions for which this term 

appointment will be utilized include 

research positions within the Scientific 

and Engineering (ZP) career path at the 

Pay Band III-level and above. 

II. Basis for Recognition of OPM 

Authorization in the APMS Plan 

At NIST, research projects routinely 

require highly technical expertise in a 

particular scientific field. Depending on 

programmatic shifts in research, 

administrative priorities, and 

technological advances, at times, such 

projects continue for a short duration, 

while, at other times, such projects must 

continue for years before their 

successful completion. To address such 

programmatic shifts and changing 

priorities, NIST would benefit from the 

opportunity to hire individuals on a 

term appointment with a minimum 

duration of more than one year that may 

be extended up to six years and the 

ability to convert the individuals to a 

career or career-conditional 

appointment non-competitively. As 

research priorities shift with external 

changes, it is critical that NIST have the 

ability to align its human capital with 

the essential expertise required. 

Title 5, CFR 316.301 (‘‘Term 

employment/Purpose and duration’’) 

allows agencies to make a term 

appointment for a period of one to four 

years where the need for an employee’s 

services is not permanent. This section 

also provides OPM with the authority to 

‘‘authorize exceptions beyond the 4-year 

limit when the extension is clearly 

justified and is consistent with 

applicable statutory provisions.’’ The 

authority found in 5 CFR 316.301 does 

not adequately fulfill NIST’s research 

needs, as when changes in national 

research priorities occur, NIST must 

address them quickly and efficiently 

and manage human capital accordingly. 

To fulfill these needs, NIST is 

modifying its APMS to utilize a term 

appointment, with a minimum duration 

of more than one year that may be 

extended up to six years, for research 

positions in the Scientific and 

Engineering (ZP) career path at the Pay 

Band III-level and above, which 

includes the ability to convert 

individuals hired under this authority to 

a career or career-conditional 

appointment non-competitively. These 

term appointments will be subject to a 

trial period that lasts the duration of the 

term (initial appointment including any 

subsequent extensions). 

III. Authorities and Waiver of Laws and 

Regulations Required 

Public Law 99–574 gave NIST the 

authority to experiment with several 

specific personnel system innovations 

which are otherwise prohibited by law 

and regulations. NIST is waiving the 

following laws and regulations: 

• 5 Code of Federal Regulations 

316.301, Purpose and Duration 

• 5 Code of Federal Regulations 

316.304, Trial Period; when required 

(waived only for positions in the 

Scientific and Engineering Career path) 

• 5 Code of Federal Regulations Part 

322, or any other provision of law 

relating to the examination, 

certification, and appointment of 

individuals in the competitive service 

(waived to the extent inconsistent with 

APMS). 

IV. Language Inserted Into the APMS 

Plan 

The APMS at NIST, published in the 

Federal Register on October 21, 1997 

(62 FR 54604), is amended as follows: 

After the section titled ‘‘Promotion,’’ 

a new section titled ‘‘Term 

Appointment for ZP Positions’’ will be 

inserted with the following: 

Term Appointment for ZP Positions 

NIST may hire individuals on term 

appointments with a minimum duration 

of more than one year that may be 

extended up to six years to research 

positions in the Scientific and 

Engineering (ZP) career path at the Pay 

Band III or above. These term 


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25224 Federal Register / Vol. 87, No. 82 / Thursday, April 28, 2022 / Notices 

appointments will be subject to a trial 

period that lasts the duration of the term 

(initial appointment including any 

subsequent extensions). NIST may also 

convert an employee serving under a 

term appointment under this authority 

to a permanent appointment in the 

competitive service without further 

competition if all of the following are 

met— 

(1) such individual was appointed 

under open, competitive examination 

under subchapter I of chapter 33 to the 

term position; 

(2) the announcement for the term 

appointment from which the conversion 

is made stated that there was potential 

for subsequent conversion to a careerconditional or career appointment; 

(3) the employee has completed at 

least 2 years of current continuous 

service under a term appointment in the 

competitive service; 

(4) the employee’s performance under 

such term appointment was at least 

Contributor level (Level 3) or 

equivalent; and 

(5) the position to which such 

employee is being converted under this 

section is in the same occupational 

series, is in the same geographic 

location, and provides no greater 

promotion potential than the term 

position for which the competitive 

examination was conducted. 

Conversion to a permanent position is 

not guaranteed even if the above 

conditions are met. 

Alicia Chambers, 

NIST Executive Secretariat. 

[FR Doc. 2022–08877 Filed 4–27–22; 8:45 am] 

BILLING CODE 3510–13–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

Availability of Final Evaluation 

Findings of State Coastal Programs 

and National Estuarine Research 

Reserves 

AGENCY: Office for Coastal Management 

(OCM), National Ocean Service (NOS), 

National Oceanic and Atmospheric 

Administration (NOAA), Department of 

Commerce (DOC). 

ACTION: Notice of availability of 

evaluation findings. 

SUMMARY: Notice is hereby given of the 

availability of final evaluation findings 

for three state coastal programs, Illinois, 

Indiana, and Massachusetts, and two 

national estuarine research reserves, 

Apalachicola and Delaware, under 

Sections 312 and 315 of the Coastal 

Zone Management Act (CZMA). 

ADDRESSES: Copies of these final 

evaluation findings may be downloaded 

at https://coast.noaa.gov/czm/ 

evaluations/evaluation_findings/ 

index.html or by submitting a written 

request to Michael Migliori at 

Michael.Migliori@noaa.gov. 

FOR FURTHER INFORMATION CONTACT: 

Michael Migliori, Lead Evaluator, 

NOAA Office for Coastal Management, 

by phone at (443) 332–8936 or email at 

Michael.Migliori@noaa.gov. 

SUPPLEMENTARY INFORMATION: The 

NOAA Office for Coastal Management 

has completed the coastal zone 

management program evaluations for 

the States of Illinois, Indiana, and 

Massachusetts. The states were found to 

be implementing and enforcing their 

federally approved coastal zone 

management programs, addressing the 

national coastal management objectives 

identified in CZMA Section 303(2), and 

adhering to the programmatic terms of 

their financial assistance awards. In 

addition, the NOAA Office for Coastal 

Management has completed the national 

estuarine research reserve evaluations 

for Apalachicola and Delaware. The 

reserves were found to be adhering to 

programmatic requirements of the 

National Estuarine Research Reserve 

System. NOAA published in the Federal 

Register notices for public meetings and 

opportunities to submit public 

comments on the evaluation of these 

state coastal zone management programs 

(CZMPs) and national estuarine research 

reserves (NERRs). See 85 FR 56220 (Sep. 

11, 2020) (Illinois CZMP); 86 FR 10034 

(Feb. 18, 2021) (Indiana CZMP); 86 FR 

14080 (March 12, 2021) (Massachusetts 

CZMP); 86 FR 33662 (Jun. 25, 2021) 

(Apalachicola NERR); and 85 FR 56219 

(Sept. 11, 2020) (Delaware NERR). 

Public comments received are addressed 

in the final evaluation findings. 

Authority: 16 U.S.C. 1458 and 1461(f); 

15 CFR 921.40 and 923.133(b)(7). 

Keelin Kuipers, 

Deputy Director, Office for Coastal 

Management, National Ocean Service, 

National Oceanic and Atmospheric 

Administration. 

[FR Doc. 2022–09096 Filed 4–27–22; 8:45 am] 

BILLING CODE 3510–JE–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

[RTID 0648–XB994] 

Mid-Atlantic Fishery Management 

Council (MAFMC); Public Meeting 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice; public meeting. 

SUMMARY: The Mid-Atlantic Fishery 

Management Council (Council) will 

hold a public meeting of its Mackerel, 

Squid, and Butterfish (MSB) Committee. 

See SUPPLEMENTARY INFORMATION for 

agenda details. 

DATES: The meeting will be held on 

Monday, May 16, 2022, from 9 a.m. 

until 1 p.m. 

ADDRESSES: The meeting will be held 

via webinar. Connection information 

will be posted to the calendar prior to 

the meeting at www.mafmc.org. 

Council address: Mid-Atlantic Fishery 

Management Council, 800 N State 

Street, Suite 201, Dover, DE 19901; 

telephone: (302) 674–2331; 

www.mafmc.org. 

FOR FURTHER INFORMATION CONTACT: 

Christopher M. Moore, Ph.D., Executive 

Director, Mid-Atlantic Fishery 

Management Council, telephone: (302) 

526–5255. 

SUPPLEMENTARY INFORMATION: The 

Council’s Mackerel, Squid, and 

Butterfish (MSB) Committee will 

develop recommendations for the 

Council regarding Atlantic mackerel 

rebuilding and associated 2023 

specifications, including the fishery’s 

river herring and shad cap. 

Special Accommodations 

The meeting is physically accessible 

to people with disabilities. Requests for 

sign language interpretation or other 

auxiliary aid should be directed to 

Shelley Spedden, (302) 526–5251, at 

least 5 days prior to the meeting date. 

Authority: 16 U.S.C. 1801 et seq. 

Dated: April 25, 2022. 

Tracey L. Thompson, 

Acting Deputy Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2022–09149 Filed 4–27–22; 8:45 am] 

BILLING CODE 3510–22–P 


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