67286 Federal Register / Vol. 60, No. 250 / Friday, December 29, 1995 / Rules and Regulations

agency movement of current agency

employees;

(2) Appointments of 10 point

veterans;

(3) Reemployment of former agency

employees who have regulatory or

statutory reemployment rights;

(4) Temporary appointments of under

90 days (including extensions);

(5) An action taken under part 351 of

this chapter;

(6) The filling of a position by an

excepted appointment;

(7) Conversions of employees on

excepted appointments that confer

eligibility for noncompetitive

conversion into the competitive service;

and

(8) Noncompetitive movement of

displaced employees between agencies

or employees moved as a result of

reorganization or transfer of function.

(9) Placement of injured workers

receiving workers’ compensation

benefits.

§ 330.706 Agency notification

requirements.

(a) At the time it issues specific RIF

separation notices, an agency must give

its employees information about their

eligibility for the special interagency

selection priority.

(b) Agencies are required to report all

vacancies to OPM when accepting

applications from outside the agency

(including applications for temporary

positions lasting 90 or more days).

(c) In addition, agencies shall provide

OPM an electronic file of complete

vacancy announcements or recruiting

bulletins for all positions reported.

(d) Content. Notice to OPM of job

announcements must include the

position title, tenure, location, pay plan

and grade (or pay rate) of the vacant

position; application deadline; and

other information specified by OPM. In

addition, agencies are required to

provide OPM with an electronic file of

the complete vacancy announcement or

recruiting bulletin, which must include

the qualifications required, equal

opportunity provisions and, when

applicable, veterans’ preference

provisions.

§ 330.707 Application and selection.

(a) Application. (1) To receive this

special selection priority, eligible

employees must apply directly to

agencies for specific vacancies in the

local commuting area within the

prescribed time frames, attach the

appropriate proof of eligibility as

described in paragraph (a)(2) of this

section, and be determined wellqualified by the agency for the specific

position.

(2) Proof of eligibility. Employees may

submit the following as proof of

eligibility for the special selection

priority:

(i) RIF separation notice;

(ii) Documentation showing that they

were separated as a result of declining

a transfer of function or directed

reassignment to another commuting

area;

(iii) Official certification from an

agency stating that its agency cannot

place an individual whose injury

compensation has been or is being

terminated;

(iv) Official notification from OPM

that an individual’s disability annuity

has been or is being terminated; or

(v) Official notification from the

Military Department or National Guard

Bureau that the employee has retired

under 5 U.S.C. 8337(h) or 8456.

(b) Selection. In making selections, an

agency will adhere to the overall order

of selection set forth in § 330.705. In

addition, the following apply:

(1) An agency cannot select another

candidate from outside the agency if

eligible employees are available for the

vacancy or vacancies.

(2) If two or more eligible employees

apply for a vacancy and are determined

to be well-qualified, any of these eligible

employees may be selected.

(3) If no eligible employees apply or

none is deemed well-qualified, the

agency may select another candidate

without regard to this subpart. (This

flexibility does not apply to selections

made from the agency’s Reemployment

Priority List as described in subpart B of

this part.)

(c) An agency may select a candidate

from its Career Transition Assistance

Plan or Reemployment Priority List, as

described in subparts F and B of this

part respectively, or another current

agency employee (if no eligible

employees are available through its

CTAP or RPL) at any time.

§ 330.708 Qualification reviews.

Agencies will ensure that a

documented review is conducted

whenever otherwise eligible employees

are found to be not well-qualified.

§ 330.709 Reporting.

(a) Each agency shall submit an

annual report covering each fiscal year

activity under this subpart to OPM no

later than December 31 of each year,

beginning December 31, 1996.

(b) Each report will include data

specified in § 330.610 of subpart F, and

will also include information on:

(1) The number of eligible employees

determined to be not well-qualified;

(2) The number of selections of

eligible employees from other Federal

agencies;

(3) The number of selections of other

employees from other Federal agencies

who are not displaced; and

(4) The number of selections from

outside the Federal Government.

§ 330.710 Oversight.

OPM is responsible for oversight of

the Interagency Career Transition

Assistance Plan for Local Displaced

Employees and may conduct reviews of

agency activity at any time.

[FR Doc. 95–31382 Filed 12–28–95; 8:45 am]

BILLING CODE 6325–01–M

5 CFR Parts 531, 550, 551, 610, and 630

RIN 3206–AH23

Format Changes in Compensation

Regulations

AGENCY: Office of Personnel

Management.

ACTION: Final rule.

SUMMARY: The Office of Personnel

Management (OPM) is issuing final

regulations to revise the format of

certain regulatory provisions in title 5,

Code of Federal Regulations, relating to

Federal employees’ compensation so

that all definitions of terms are listed in

alphabetical order, consistent with the

format preferred by the Office of the

Federal Register.

EFFECTIVE DATE: December 29, 1995.

FOR FURTHER INFORMATION CONTACT:

Mary Ann Ashford, (202) 606–2858 or

FAX: (202) 606–0824.

SUPPLEMENTARY INFORMATION: Most of

OPM’s compensation regulations list

definitional terms in alphabetical order

without any letter or number

designation, consistent with the format

preferred by the Office of the Federal

Register. However, in several sections of

the regulations, letter or number

designations continue to be used, and

the definitions are not necessarily listed

in alphabetical order. This format can

make it difficult for the reader to readily

locate a particular definition. OPM is

revising these definitions so that all

such listings are organized in

alphabetical order without letter or

number designations. With this change,

all sections listing compensation

definitions will have a consistent

format, and it will be easier for users of

the regulations to locate information.

The regulations also include revisions

in certain cross references made

necessary because of the deletion of the

former paragraph designations.
Federal Register / Vol. 60, No. 250 / Friday, December 29, 1995 / Rules and Regulations 67287

Because the changes do not involve

rulemaking, the changes are final and

become effective immediately.

Regulatory Flexibility Act

I certify that these regulations will not

have a significant economic impact on

a substantial number of small entities

because they apply only to Federal

agencies and employees.

List of Subjects in 5 CFR Parts 531, 550,

551, 610, and 630

Administrative practice and

procedure, Claims, Government

employees, Law enforcement officers,

Holidays, and Wages.

Office of Personnel Management.

Lorraine A. Green,

Deputy Director.

Accordingly, OPM is amending parts

531, 550, 551, 610, and 630 of title 5 of

the Code of Federal Regulations as

follows:

PART 531—PAY UNDER THE

GENERAL SCHEDULE

1. The authority citation for part 531

is revised to read as follows:

Authority: 5 U.S.C. 5115, 5307, and 5338;

sec. 4 of Pub. L. 103–89, 107 Stat. 981; and

E.O. 12748, 56 FR 4521, 3 CFR, 1991 Comp.,

p. 316;

Subpart A also issued under 5 U.S.C. 5304,

5305, and 5553; section 302 of the Federal

Employees Pay Comparability Act of 1990

(FEPCA), Pub. L. 101–509, 104 Stat. 1462;

and E.O. 12786, 56 FR 67453, 3 CFR, 1991

Comp., p. 376;

Subpart B also issued under 5 U.S.C.

5303(g), 5333, 5334(a), and 7701(b)(2);

Subpart C also issued under 5 U.S.C. 5304,

5305, and 5553; sections 302 and 404 of

FEPCA, Pub. L. 101–509, 104 Stat. 1462 and

1466; and section 3(7) of Pub. L. 102–378,

106 Stat. 1356;

Subpart D also issued under 5 U.S.C.

5335(g) and 7701(b)(2);

Subpart E also issued under 5 U.S.C. 5336;

Subpart F also issued under 5 U.S.C. 5304,

5305(g)(1), and 5553; and E.O. 12883, 58 FR

63281, 3 CFR, 1993 Comp., p. 682.

PART 550—PAY ADMINISTRATION

(GENERAL)

Subpart A—Premium Pay

2. The authority citation for subpart A

of part 550 is revised to read as follows:

Authority: 5 U.S.C. 5304 note, 5305 note,

5541(2)(iv), 5548, and 6101(c); E.O. 12748, 3

CFR, 1991 Comp., p. 316.

Subpart E—Pay From More Than One

Position

3. The authority citation for subpart E

of part 550 continues to read as follows:

Authority: 5 U.S.C. 5533.

Subpart F—Reduction-in-Retired-Pay

Provision of the Dual Pay Statute

4. The authority citation for subpart F

of part 550 continues to read as follows:

Authority: 5 U.S.C. 5532.

PART 551—PAY ADMINISTRATION

UNDER THE FAIR LABOR

STANDARDS ACT

5. The authority citation for part 551

continues to read as follows:

Authority: 5 U.S.C. 5542(c); Sec. 4(f) of the

Fair Labor Standards Act of 1938, as

amended by Pub. L. 93–259, 88 Stat. 55 (29

U.S.C. 204f).

PART 610—HOURS OF DUTY

Subpart A—Weekly and Daily

Scheduling of Work

6. The authority citation for subpart A

of part 610 continues to read as follows:

Authority: 5 U.S.C. 6101; sec. 1(1) of E.O.

11228, 3 CFR, 1964–1965 Comp., p. 317.

Subpart B—Holidays

7. The authority citation for subpart B

of part 610 continues to read as follows:

Authority: 5 U.S.C. 6101; sec. 1(1) of E.O.

11228, 3 CFR, 1964–1965 Comp., p. 317.

Subpart C—Administrative Dismissals

of Daily, Hourly, and Piecework

Employees

8. The authority citation for subpart C

of part 610 continues to read as follows:

Authority: 5 U.S.C. 6104; E.O. 10552, 3

CFR, 1954–1958 Comp., p. 201.

PART 630—ABSENCE AND LEAVE

9. The authority citation for part 630

is revised to read as follows:

Authority: 5 U.S.C. 6311; § 630.301 also

issued under Pub. L. 103–356, 108 Stat. 3410;

§ 630.303 also issued under 5 U.S.C. 6133(a);

§ § 630.306 and 630.308 also issued under 5

U.S.C. 6403(d)(3), Pub. L. 102–484, 106 Stat.

2722, and Pub. L. 103–337, 108 Stat. 2663;

subpart D also issued under Pub. L. 103–329,

108 Stat. 2423; § 630.501 and subpart F also

issued under E.O. 11228, 30 FR 7739, 3 CFR,

1974 Comp., p. 163; subpart G also issued

under 5 U.S.C. 6305; subpart H also issued

under 5 U.S.C. 6326; subpart I also issued

under 5 U.S.C. 6332, Pub. L. 100–566, 102

Stat. 2834, and Pub. L. 103–103, 107 Stat.

1022; subpart J also issued under 5 U.S.C.

6362, Pub. L. 100–566, and Pub. L. 103–103;

subpart K also issued under Pub. L. 102–25,

105 Stat. 92; and subpart L also issued under

5 U.S.C. 6387 and Pub. L. 103–3, 107 Stat.

23.

10. In §§ 531.202, 550.103, 550.502,

550.602, 551.102, 610.102, 610.303,

630.201, 630.601, 630.702 and 630.803

Remove designation from each

definition and alphabetize. §§ 550.103,

550.171, 550.181, 550.185, 551.102,

551.103, 551.207, 610.202, 630.1202,

630.1211 [Amended].

11. In the list below, for each section

indicated in the left column, remove the

current reference and add the

appropriate new reference, as indicated.

Sections Remove Add

550.103, definition of ‘‘Law enforcement Officer’’‘‘paragraph (t)(1), (2), or (3)’’ ‘‘Paragraph (1), (2), or (3)’’.

550.103, definition of ‘‘Criminal investigator’’ ‘‘paragraph (t) of this section’’ ‘‘this section’’.

550.171 550.103(o) 550.103.

550.181 550.103(u) 550.103.

550.185(a) 550.103(j) 550.103.

551.102, definition of ‘‘Trainee’’ ‘‘paragraph (d) of this section’’ ‘‘this section’’.

551.102, definition of ‘‘Volunteer’’ ‘‘paragraph (d) of this section’’ ‘‘this section’’.

551.103(b)(2) 551.102(f) 551.102.

551.103(b)(3) 551.102(g) 551.102.

551.207(b) 551.102(h) 551.102.

610.202(a) 610.102(c) 610.102

630.1202:

Accrued leave 630.201(b)(1) 630.201.

Accumulated leave 630.201(b)(2) 630.201.

Administrative workweek 610.102(a) 610.102.

Regularly scheduled 610.102(g) 610.102.
67288 Federal Register / Vol. 60, No. 250 / Friday, December 29, 1995 / Rules and Regulations

Sections Remove Add

Regulatory scheduled administrative workweek610.102(b) 610.102.

Tour of duty 610.102(h) 610.102.

630.1211(b)(1) 550.103(j) 550.103.

[FR Doc. 95–31381 Filed 12–28–95; 8:45 am]

BILLING CODE 6325–01–M

FEDERAL LABOR RELATIONS

AUTHORITY

5 CFR Parts 2421, 2422, and 2429

Meaning of Terms as Used in This

Subchapter; Representation

Proceedings; Miscellaneous and

General Requirements

AGENCY: Federal Labor Relations

Authority.

ACTION: Final rules.

SUMMARY: The Federal Labor Relations

Authority is amending its regulations

governing representation proceedings

and related provisions of other

regulations that define or reference

provisions of the representation

regulations. These amendments will

streamline the regulations and make the

regulations more flexible in addressing

the representational concerns of

agencies, labor organizations, and

individuals.

EFFECTIVE DATE: March 15, 1996.

FOR FURTHER INFORMATION CONTACT:

Solly Thomas, Executive Director,

Federal Labor Relations Authority, 607

14th Street, N.W., Washington, D.C.

20424–0001.

SUPPLEMENTARY INFORMATION:

Transition Rules and Regulations

Part 2422 of the regulations of the

Federal Labor Relations Authority

governs representation proceedings.

Several terms involved in representation

proceedings and used in Part 2422 are

defined in certain sections of Part 2421

of the regulations of the Federal Labor

Relations Authority. Additionally, there

are references in Part 2429 of the

regulations to specific sections in Part

2422. The current definitions and

regulations will continue to govern all

representation cases currently pending

before the Federal Labor Relations

Authority and those for which

representation petitions are filed before

March 15, 1996.

Notice and Opportunity to Comment

The Federal Labor Relations

Authority proposed revision to its

regulations regarding the meaning of

certain terms used in Subchapter C (Part

2421) and representation proceedings

(Part 2422). The proposed revision was

for the purpose of streamlining the

regulations and making the rules more

flexible in addressing the

representational concerns of agencies,

labor organizations, and individuals.

The proposed rules were published in

the Federal Register for notice and

comment on August 4, 1995. Customer

views were solicited via a focus group

meeting on August 29, 1995, and formal

written comments were submitted by

both agencies and labor organizations.

All comments have been considered and

many comments have prompted

substantive revisions to the proposed

rule. Any such revision is noted in the

section-by-section analysis.

Section-by-Section Analysis

The following sectional analysis

reflects revisions to the proposed

changes to Part 2421—Meaning of

Terms As Used in This Subchapter and

Part 2422—Representation Proceedings.

Following this analysis, conforming

amendments to Part 2429—

Miscellaneous and General

Requirements are briefly explained.

Part 2421

Section 2421.11

The proposed definition of ‘‘party’’

has been narrowed to clarify that it does

not include an individual in those

instances referenced in subsection (b).

Section 2421.18

Final rule is same as proposed rule.

Section 2421.19

The order of reference to agency or

activity has been reversed.

Section 2421.20

Final rule is same as proposed rule.

Section 2421.21

The proposed definition has been

narrowed to clarify that those parties

‘‘affected by issues raised’’ in a petition

include agencies, activities or labor

organizations, but not bargaining units.

Section 2421.22

Final rule is same as proposed rule.

Part 2422

Section 2422.1

The final sentence in proposed

subsection (a)(2) has been redesignated

as subsection (3) to clarify that the

showing of interest requirement pertains

to all petitions filed under subsection

(a). One commenter questioned whether

any purposes for which petitions could

have been filed have been eliminated by

the consolidation of the former separate

petitions into a single petition. As noted

in the supplementary information

accompanying the proposed rule, all

functions of the former separate

petitions are incorporated into the

single petition.

Section 2422.2

Several commenters objected to the

fact that, unlike the current regulations,

the proposed regulation did not specify

the purposes for which listed entities

may file petitions. For example, under

current practice, labor organizations can

file petitions for eligibility for dues

allotment; individuals can file petitions

seeking an election to determine if

employees in a unit no longer wish to

be represented; agencies can file

petitions based upon good faith doubt as

to the continued appropriateness of a

currently recognized labor organization

to represent an existing unit; and,

petitions to consolidate existing units

can be filed by an agency, a labor

organization, or both may file jointly.

Agreeing with the commenters that the

proposed regulation could lead to

confusion, the final regulation has been

revised to clarify which entities have

standing to file which representation

petitions. The order of reference to

agency or activity has been reversed.

Section 2422.3

The order of reference to agency or

activity in subsections (a)(1) and (a)(2)

has been reversed.

Section 2422.4

The proposed rule offered two options

concerning the service of supporting

documentation. Under Option 1,

supporting documentation, with the

exception of showings of interest, would

be served on all affected parties. Under

Option 2, supporting documentation,

with the exception of showings of

interest, challenges to showings of