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

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Rules and Regulations Federal Register

10005

Vol. 60, No. 36

Thursday, February 23, 1995

OFFICE OF PERSONNEL

MANAGEMENT

5 CFR Parts 213 and 302

RIN 3206–AF53

Temporary, Seasonal, and Intermittent

Employment in the Excepted Service

AGENCY: Office of Personnel

Management.

ACTION: Final rule.

SUMMARY: The Office of Personnel

Management (OPM) is amending its

regulations to consolidate excepted

service authorities for filling temporary,

intermittent, and seasonal jobs, to

remove coverage for appointments that

no longer meet the criteria for

exception, and to establish a new

excepted service authority which could

be used by agencies to meet urgent,

short-term hiring needs.

EFFECTIVE DATE: March 27, 1995.

FOR FURTHER INFORMATION CONTACT:

Tracy E. Spencer, (202) 606–0830, or fax

(202) 606–2329.

SUPPLEMENTARY INFORMATION: These

regulations implement the National

Performance Review’s recommendations

to reduce the number of Federal hiring

authorities and decentralize many

personnel decisions. The regulations

eliminate overlapping and obsolete

appointing authorities and establish two

authorities to meet common needs that

may be used by any agency without

obtaining specific OPM approval.

On September 26, 1994 (59 FR 49034),

OPM published proposed regulations to

revise and consolidate paragraphs (i)

and (m) of section 213.3102, which both

cover temporary, intermittent, and

seasonal employment in the excepted

service. We proposed to establish

Governmentwide Schedule A

authorities for temporary and less-thanfull-time positions in remote or isolated

locations involving no more than 1,040

working hours of employment in a

service year and for short-term

appointments to meet special hiring

needs that would not exceed 30 days,

plus one 30-day extension. We also

proposed to allow OPM to authorize

Schedule A appointments in other

circumstances and requested comments

on the need to include authority to

make Schedule A temporary

appointments (i.e., appointments

limited to 1 year or less) in connection

with post-doctoral fellowships,

internships, and similar programs.

We received comments from six

Federal agencies. All six supported the

proposed Schedule A authority,

although one suggested additional

exceptions and two made technical and

editorial suggestions.

Comments on Coverage

With regard to fellowship programs,

the agencies indicated that such

appointments are usually made for

periods longer than 1 year and that an

authority limited to temporary

employment would have little use. We

have, therefore, decided not to include

a specific provision for fellowship

appointments in the Schedule A

authority for temporary, intermittent,

and seasonal employment. Any agencies

that wish to make temporary

appointments in connection with postdoctoral fellowship programs may,

however, request OPM’s approval to use

the Schedule A authority for that

purpose.

One agency suggested that Schedule

A appointments should be permitted for

short-term work lasting up to 90 days

(instead of 30 days as proposed), with

an additional 30-day extension, and for

all nonsupervisory temporary and

seasonal laborer positions at WG–3 and

below. We did not adopt those

suggestions because we cannot find that

use of competitive hiring procedures to

fill the jobs would be impracticable.

Agencies may make temporary

appointments in the competitive service

using the applicant supply file

procedures set out in 5 CFR part 333.

Those procedures are very similar to the

procedures for making temporary

Schedule A appointments set out in 5

CFR part 302. The only differences are

qualification requirements and public

notice.

Agencies making temporary

appointments under part 333 must

apply competitive qualification

standards. However, those standards

contain only basic generic requirements,

to which agencies may add specific

requirements related to their jobs. For

most jobs, there is little practical

difference between the competitive

standards and the standards agencies

would develop under part 302.

Agencies making competitive

temporary appointments must also

notify OPM and State Employment

Service offices of the vacancies.

However, there are no mandatory

minimum publicity requirements.

The agencies decide how widely to

distribute notices and how long the

notices will remain open.

We believe that the competitive hiring

procedures are flexible enough to meet

all but the most urgent staffing needs.

We also believe that exceptions to basic

hiring procedures should be authorized

only when clearly necessary.

Competitive hiring is not impracticable

in all cases for temporary laborer jobs or

for project jobs involving 3 or 4 months

of work. Therefore, we are not

establishing a general Schedule A

authority for such positions. Any agency

that needs to fill particular jobs more

quickly than the competitive process

would permit may, of course, request

OPM’s approval to make Schedule A

appointments to those jobs.

Technical and Editorial Comments

With regard to procedural

requirements, one agency asked whether

the ranking and referral requirements of

5 CFR part 302 will apply to 30-day

special need appointments under the

new Schedule A authority. Formal

ranking and referral procedures have

not previously been required for 30-day

special need appointments because the

time needed for that process is not

commensurate with the extremely short

period of employment. That is still true.

Accordingly, as provided in 5 CFR

302.101(c), we are granting an exception

from the procedural requirements of

part 302 for appointments made under

the new Schedule A special need

authority. Agencies must, however,

apply veterans’ preference to the extent

administratively feasible.

The same agency also asked why the

service limitation in the proposed

Schedule A authority for positions in

remote or isolated locations should

apply to all employment in the same

agency. The agency suggested that the

limit should apply only to excepted
10006 Federal Register / Vol. 60, No. 36 / Thursday, February 23, 1995 / Rules and Regulations

employment in the same or successor

positions. We have adopted that

suggestion in part. We agree that the

limit should apply separately to

positions having different job duties and

qualification requirements. While a few

individuals might be qualified and

available to perform unrelated functions

(e.g., surveyor and pilot), it would not

be practical for the agency to create a job

combining such distinct duties. We

have rewritten the Schedule A authority

to clarify that the limit applies to

employment in jobs having related

duties and comparable qualification

requirements.

We have not adopted the suggestion

that only excepted employment in an

identical or successor position should

count against the limit. Such a broad

exclusion from the service limit would

undermine the justification for the

excepted authority. Examining for jobs

in remote or isolated locations is

impracticable when: only residents of

the immediate area can be expected to

reach the work site whenever they are

needed; the amount of employment

involved would not encourage outside

applicants to move to the isolated area;

and staff from an OPM or agency

examining office could not readily reach

the location to administer the

competitive hiring process. If an agency

can make competitive appointments to

some jobs in a location, can combine

related work to afford a substantial

amount of employment, and/or can

readily attract candidates from outside

the immediate locality, the conditions

for exception would not be met.

Another agency suggested that the

authority should provide for OPM

approval of Schedule A appointments

for additional ‘‘circumstances’’ rather

than additional ‘‘positions.’’ The agency

notes that it is not always possible to

identify in advance all specific positions

that may be needed in connection with

a particular program or situation.

The wording of the Schedule A

authority reflects Civil Service Rule VI

(5 CFR 6.1), which authorizes OPM to

except positions from the competitive

service. This language does not preclude

exception of positions based on the

circumstances under which they are

filled. OPM has previously approved

Schedule A authorities that cover all

positions meeting certain conditions or

all positions filled in connection with a

particular program, without listing those

positions specifically. We will entertain

similar requests submitted under this

new Schedule A authority.

Regulatory Flexibility Act

I certify that these regulations will not

have a significant economic impact on

a substantial number of small entities

(including small businesses, small

organizational units, and small

governmental jurisdictions) because

they apply only to Federal employees.

List of Subjects in 5 CFR Parts 213 and

302

Government employees, Reporting

and recordkeeping requirements.

U.S. Office of Personnel Management

James B. King,

Director.

Accordingly, OPM is amending 5 CFR

parts 213 and 302 as follows:

PART 213—EXCEPTED SERVICE

1. The authority citation for part 213

continues to read as follows:

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

10577, 3 CFR 1954–1958 Comp., p. 218;

§ 213.101 also issued under 5 U.S.C. 2103;

§ 213.3102 also issued under 5 U.S.C. 3301,

3302, 3307, 8337(h), and 8456; E.O. 12364,

47 FR 22931, 3 CFR 1982 Comp., p. 185.

2. In § 213.3102, paragraph (i) is

revised and paragraph (m) is removed

and reserved, to read as follows:

§ 213.3102 Entire executive civil service.

* * * * *

(i) Temporary and less-than-full time

positions for which examining is

impracticable. These are:

(1) Positions in remote/isolated

locations where examination is

impracticable. A remote/isolated

location is outside the local commuting

area of a population center from which

an employee can reasonably be expected

to travel on short notice under adverse

weather and/or road conditions which

are normal for the area. For this

purpose, a population center is a town

with housing, schools, health care,

stores and other businesses in which the

servicing examining office can schedule

tests and/or reasonably expect to attract

applicants. An individual appointed

under this authority may not be

employed in the same agency under a

combination of this and any other

appointment to positions involving

related duties and requiring the same

qualifications for more than 1,040

workings hour in a service year.

Temporary appointments under this

authority may be extended in 1-year

increments, with no limit on the

number of such extensions, as an

exception to the service limits in

§ 213.104.

(2) Positions for which a critical

hiring need exists. This includes both

short-term positions and continuing

positions that an agency must fill on an

interim basis pending completion of

competitive examining, clearances, or

other procedures required for a longer

appointment. Appointments under this

authority may not exceed 30 days and

may be extended for up to an additional

30 days if continued employment is

essential to the agency’s operations. The

appointments may not be used to extend

the service limit of any other appointing

authority. An agency may not employ

the same individual under this authority

for more than 60 days in any 12-month

period.

(3) Other positions for which OPM

determines that examining is

impracticable.

* * * * *

PART 302—EMPLOYMENT IN THE

EXCEPTED SERVICE

3. The authority citation for part 302

continues to read as follows:

Authority: 5 U.S.C. 1302, 3301, 3302, and

8151, E.O. 10577 (3 CFR 1954–1958 Comp.,

p. 218); § 302.105 also issued under 5 U.S.C.

1104, Pub. L. 95–454, sec. 3(5); § 302.501 also

issued under 5 U.S.C. 7701 et. seq.

4. In § 302.101, paragraph (c)(11) is

added, to read as follows:

§ 302.101 Positions covered by the

regulations.

* * * * *

(c) * * *

(11) Positions for which a critical

hiring need exists when filled under

§ 213.3102(i)(2) of this chapter.

[FR Doc. 95–4394 Filed 2–22–95; 8:45 am]

BILLING CODE 6325–01–M

OFFICE OF GOVERNMENT ETHICS

5 CFR Part 2604

RIN 3209–AA17

Freedom of Information Act Rules and

Schedule of Fees for the Production of

Public Financial Disclosure Reports

AGENCY: Office of Government Ethics

(OGE).

ACTION: Final rule.

SUMMARY: The Office of Government

Ethics is issuing a final rule which

establishes procedures for the

implementation of the Freedom of

Information Act (FOIA). The rule also

establishes a schedule of fees which will

be charged for the reproduction and

mailing of public financial disclosure

reports (SF 278s).

EFFECTIVE DATE: March 27, 1995.

FOR FURTHER INFORMATION CONTACT:

Janet K. Roell, Office of Government

Ethics, telephone (202) 523–5757, FAX

(202) 523–6325.