51248 Federal Register / Vol. 73, No. 170 / Tuesday, September 2, 2008 / Proposed Rules 

OFFICE OF PERSONNEL 

MANAGEMENT 

5 CFR Parts 410 and 412 

RIN 3206–AK75 

Training; Supervisory, Management, 

and Executive Development 

AGENCY: Office of Personnel 

Management. 

ACTION: Proposed rule. 

SUMMARY: The Office of Personnel 

Management proposes to amend its 

regulations to implement certain 

training and development requirements 

contained in the Federal Workforce 

Flexibility Act of 2004. 

DATES: Comments must be received on 

or before November 3, 2008. 

ADDRESSES: You may submit comments, 

identified by ‘‘RIN 3206–AK75,’’ by any 

of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Agency Web Site: http:// 

www.opm.gov. Click on the 

‘‘Regulations’’ icon at the bottom right 

of the Web page. Follow the instructions 

for submitting comments. 

• E-mail: employ@opm.gov. Include 

‘‘RIN 3206-AK75’’ in the subject line of 

the message. 

• Fax: (202) 606–2329. 

• Mail, Hand Deliver/Courier 

comments: Ms. Nancy Randa, Deputy 

Associate Director for the Center for 

Leadership, Executive Resources, and 

Policy Analysis, Room 6357, 1900 E 

Street, NW., Washington, DC 20415–

9700. 

FOR FURTHER INFORMATION CONTACT: 

Cheryl Dube by telephone at (202) 606–

4063, by FAX at (202) 606–1637, or by 

e-mail at cheryl.dube@opm.gov. 

SUPPLEMENTARY INFORMATION: On 

October 30, 2004, the President signed 

the Federal Workforce Flexibility Act of 

2004 (Act), Public Law 108–411, into 

law. The Act makes several significant 

changes in the law governing the 

training and development of Federal 

employees, supervisors, managers, and 

executives. The first change requires 

each agency to evaluate, on a regular 

basis, its training programs and plans 

with respect to the accomplishment of 

its specific performance plans and 

strategic goals, and to modify its 

training plans and programs as needed 

to accomplish the agency’s performance 

plans and strategic goals. Other changes 

to the regulation, not related to the Act, 

are made to better align with law the 

requirement for continued service 

agreements and the submission of 

training data. The second major change 

requires agencies to consult with the 

Office of Personnel Management (OPM) 

to establish comprehensive management 

succession programs designed to 

provide training to employees to 

develop managers for the agency. It also 

requires agencies, in consultation with 

OPM, to establish programs to provide 

training to managers regarding actions, 

options, and strategies a manager may 

use in relating to employees with 

unacceptable performance, mentoring 

employees, improving employee 

performance and productivity, and 

conducting employee performance 

appraisals. The Homeland Security Act 

of 2002, as codified at 5 U.S.C. 1103(c), 

established the Human Capital 

Assessment and Accountability 

Framework (HCAAF) and mandated 

OPM to design systems and set 

standards, including appropriate 

metrics, for assessing the management 

of human capital by Federal agencies. 5 

U.S.C. 1103(c) also specifies OPM will 

develop standards for: (1) Aligning 

human capital strategies of agencies 

with the organization’s missions, goals 

and objectives, (2) ensuring continuity 

of leadership through succession plans, 

and (3) holding managers and human 

resources officers accountable for 

efficient and effective human resources 

management. The following are the 

principal results sought by the proposed 

changes in regulations: 

Æ Agencies will have effective and 

cost-efficient training programs linked 

to agency strategic plans; 

Æ Managers will develop strategies to 

mentor others and to improve employee 

performance and productivity. 

To provide guidance to agencies in 

accomplishing these results, we are 

proposing changes in the following 

parts of title 5 of the Code of Federal 

Regulations: Part 410 on ‘‘Training’’ and 

part 412 on ‘‘Executive, Management, 

and Supervisory Development.’’

OPM is amending 5 CFR part 410, 

subpart B, to reflect new agency 

responsibilities for planning training so 

employee training and development 

will align with agency strategic plans. 

The revised subpart B also would cover 

agency responsibility for the evaluation 

of training, currently included under 

subpart F. The revised subpart C would 

better align language on continued 

service agreements with law. The 

revised subpart C would also remove 

the option to extend the date for 

agencies to report training data to OPM. 

The following are the major proposed 

changes: 

Æ Revised § 410.201(b) would make 

agency training program requirements 

more visible by listing those 

requirements and emphasizing the 

alignment of employee training and 

development with agency strategic 

plans; 

Æ Revised § 410.201(d) would include 

language more consistent with the 

Human Capital Assessment and 

Accountability Framework and 

consolidate references to Executive 

Order 11348, which provides for the 

further training of Government 

employees and requires agencies to 

review training programs no less often 

than annually; 

Æ Delete current § 410.203 and 

incorporate the information in that 

section into § 410.201. § 410.204 would 

be renumbered as § 410.203. 

Æ Delete current § 410.701 (c) as 

extensions to report training data to 

OPM are no longer accepted. § 410.701 

(d) would be redesignated as § 410.701 

(c). 

Æ Delete current subpart F and 

redesignate subpart G as subpart F, and 

renumber § 410.701 as § 410.601. 

Part 412, ‘‘Executive, Management, 

and Supervisory Development,’’

requires some modification of its 

structure to incorporate the changes in 

law. Therefore, the current structure of 

two subparts (Subpart A—General 

Provisions, and Subpart B—Senior 

Executive Service Status and Nonstatus 

Candidate Development Programs) 

would be modified to three subparts 

(Subpart A— General Provisions, 

Subpart B— Succession Planning, and 

Subpart C— Executive Development). 

Specifically, current § 412.103 would be 

revised and placed within the new 

subpart B as § 412.201, current 

§ 412.104 would be revised and would 

be placed within the new subpart C as 

§ 412.301, and current subpart B would 

be revised and placed within the new 

subpart C. The following are the 

additional major proposed changes in 

part 412: 

Subpart A—General Provisions 

Æ Revised § 412.102(a), (b) and (b)(1) 

would make more succinct the 

references to the United States Code for 

easier reading, explain the leadership 

development continuum, and delete the 

reference to ‘‘mastery level’’ because the 

term implies development stops when 

in fact development should be ongoing; 

Æ Revised § 412.102(b)(3) would 

replace ‘‘corporate perspective’’ with 

‘‘broad agency and Governmentwide 

perspective,’’ to more accurately reflect 

the intended goal. 

Æ Current § 412.103(c)(2) and (c)(3) 

would be addressed in the new subpart 

on Succession Planning, consistent with 

the Act’s requirement that succession 


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Federal Register / Vol. 73, No. 170 / Tuesday, September 2, 2008 / Proposed Rules 51249 

programs provide development for 

future managers; 

Æ Current § 412.104(a)(2) would be 

deleted. The change would eliminate 

the exemption from Governmentwide 

recruitment for candidate development 

programs. 

Subpart B—Succession Planning 

Æ New § 412.201 would specify 

requirements for agency management 

succession programs; 

Æ Revised § 412.202 would clarify 

that agency leadership development 

programs are part of the general 

workforce development strategy; 

Subpart C—Senior Executive Service 

Candidate Development Programs 

Æ New § 412.301(a) would provide for 

an OPM-certified agency Senior 

Executive Service Candidate 

Development Program (SESCDP), 

certification of the Executive Core 

Qualifications (ECQs) of candidates by a 

Qualifications Review Board, and 

selection for the SES, without further 

competition; 

Æ New § 412.301(b) would require 

agencies to submit a policy describing 

their SESCDP program methodologies. It 

also would require them to obtain OPM 

approval for candidate development 

programs once every 5 years to ensure 

their alignment and strategic linkage 

with agency succession plans and 

would add a reference to multi-agency 

programs to address collaborative, 

Governmentwide executive 

development; 

Æ New § 412.301(c) would require 

agencies with CDPs approved under 

previous regulations to apply to OPM 

for re-approval under the new 

regulations in accordance with new 

§ 412.301 (b). It also indicates all 

existing approvals expire within 2 years 

after publication of this regulation. 

SESCDPs in progress on the date the 

regulations become final may be 

completed and graduates of those 

programs may be submitted for QRB 

certification regardless of this 

expiration. 

Æ New § 412.302(a) defines the 

Executive Resources Board (ERB) 

oversight responsibilities in the SESCDP 

approval process; 

Æ New § 412.302(a)(1) clarifies 

competition must be under SES merit 

staffing procedures; 

Æ New § 412.302(b)(3) would modify 

the four-month developmental 

assignments to include at least one 

assignment of 90 continuous days 

outside the scope of the candidate’s 

position of record and require the 

assignments to include roles at the 

executive level where the candidate is 

held responsible for achieving 

organizational or agency results during 

the developmental assignment. The 

purpose of the new provision is to 

enhance and broaden the candidate’s 

experience, increase his or her 

knowledge, and maximize his or her 

understanding of the overall functioning 

of the agency, so the candidate is 

prepared for a range of agency positions 

at the SES level. 

Æ New § 412.302(d) would eliminate 

the references to ‘‘status programs’’

(current § 412.202) and ‘‘non-status 

programs’’ (current § 412.203). The new 

provisions will refer to two categories of 

‘‘candidates’’: 1) Individuals who hold a 

career or career-type appointment 

within the civil service; and 2) 

individuals who do not hold such an 

appointment, and will define conditions 

under which individuals in either 

category may participate in an SESCDP. 

Subpart D—Executive Development 

Æ New § 412.401 would add 

continuing development of current SES 

members as an ongoing requirement tied 

to the performance process through an 

Executive Development Plan (EDP). 

This section also provides for the 

developmental use of sabbaticals and 

long-term assignments outside the 

Federal sector, as provided by relevant 

legal authorities. 

Executive Order 12866, Regulatory 

Review 

This rule has been reviewed by the 

Office of Management and Budget in 

accordance with E.O. 12866. 

Regulatory Flexibility Act 

I certify these regulations would not 

have a significant economic impact on 

a substantial number of small entities 

because they would apply only to 

Federal agencies and employees. 

List of Subjects in 5 CFR Parts 410 and 

412 

Education, Government employees. 

Office of Personnel Management. 

Michael W. Hager, 

Acting Director. 

Accordingly, OPM is proposing to 

amend 5 CFR parts 410 and 412 as 

follows: 

PART 410—TRAINING 

1. The authority citation for part 410 

is revised to read as follows: 

Authority: 5 U.S.C. 1103(c), 4101, et seq.; 

E.O. 11348, 3 CFR, 1967 Comp., p. 275. 

2. Revise the heading of subpart B to 

read as follows: 

Subpart B—Planning and Evaluating 

Training 

3. Revise §§ 410.201 and 410.202 to 

read as follows: 

§ 410.201 Responsibilities of the head of 

an agency. 

Agency employee development plans 

and programs should be designed to 

build or support an agency workforce 

capable of achieving agency mission 

and performance goals and facilitating 

continuous improvement of employee 

and organizational performance. In 

developing strategies to train 

employees, heads of agencies or their 

designee(s), under section 4103 of title 

5, United States Code and in Executive 

Order 11348, are required to: 

(a) Establish, budget for, operate, 

maintain, and evaluate plans and 

programs for training agency employees 

by, in, and through Government or nonGovernment facilities, as appropriate; 

(b) Establish policies governing 

employee training including a statement 

of the alignment of employee training 

and development with agency strategic 

plans, the assignment of responsibility 

to ensure the training goals are 

achieved, and the delegation of training 

approval authority to the lowest 

appropriate level; 

(c) Establish priorities for training 

employees and allocate resources 

according to those priorities; and 

(d) Develop and maintain plans and 

programs that: 

(1) Identify mission-critical 

occupations and competencies; 

(2) Identify workforce competency 

gaps; 

(3) Include strategies for closing 

competency gaps; and 

(4) Assess periodically, but not less 

often than annually, as required by 

section 303 of Executive Order 11348. 

§ 410.202 Responsibilities for evaluating 

training. 

Agencies must evaluate their training 

programs annually to determine how 

well such plans and programs 

contribute to mission accomplishment 

and meet organizational performance 

goals. 

4. Remove § 410.203 and redesignate 

§ 410.204 as § 410.203. 

5. Remove § 410.701(c) and 

redesignate § 410.701(d) as § 410.701(c). 

6. Remove subpart F and redesignate 

subpart G as subpart F, including 

redesignating § 410.701 as § 410.601. 

7. Revise part 412 to read as follows: 


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51250 Federal Register / Vol. 73, No. 170 / Tuesday, September 2, 2008 / Proposed Rules 

PART 412—SUPERVISORY, 

MANAGEMENT, AND EXECUTIVE 

DEVELOPMENT 

Subpart A—General Provisions 

Sec. 

412.101 Coverage. 

412.102 Purpose. 

Subpart B—Succession Planning 

412.201 Management succession. 

412.202 Systematic training and 

development of supervisors, managers, 

and executives. 

Subpart C—Senior Executive Service 

Candidate Development Programs 

412.301 Obtaining approval to conduct a 

Senior Executive Service candidate 

development program (SESCDP). 

412.302 Criteria for a Senior Executive 

Service candidate development program 

(SESCDP). 

Subpart D—Executive Development 

412.401 Continuing executive development. 

Authority: 5 U.S.C. 1103 (c)(2)(C), 3396, 

3397, 4101, et seq. 

Subpart A—General Provisions 

§ 412.101 Coverage. 

This part applies to all incumbents of, 

and candidates for, supervisory, 

managerial, and executive positions in 

the General Schedule, the Senior 

Executive Service (SES), or equivalent 

pay systems also covered by part 410 of 

this chapter. 

§ 412.102 Purpose. 

(a) This part implements for 

supervisors, managers, and executives 

the provisions of 5 U.S.C. chapter 41, 

related to training, and 5 U.S.C. 3396, 

related to the criteria for programs of 

systematic development of candidates 

for the SES and the continuing 

development of SES members. 

(b) This part identifies a continuum of 

leadership development, starting with 

supervisory positions and proceeding 

through management and executive 

positions Governmentwide. For this 

reason, this part provides requirements 

by which agencies: 

(1) Develop the competencies needed 

by supervisors, managers, and 

executives; 

(2) Provide learning through 

continuing development and training in 

the context of succession planning; and 

(3) Foster a broad agency and 

Governmentwide perspective to prepare 

individuals for advancement, thus 

supplying the agency and the 

Government with an adequate number 

of well prepared and qualified 

candidates to fill leadership positions. 

Subpart B—Succession Planning 

§ 412.201 Management succession. 

The head of each agency, in 

consultation with OPM, must develop a 

comprehensive management succession 

program, based on the agency’s 

workforce succession plans, to fill 

agency supervisory and managerial 

positions. These programs must be 

supported by employee training and 

development programs developed under 

5 CFR 410.201 to prepare individuals 

for advancement, with a focus on both 

individual and agency performance and 

strengthening organizational capability, 

and to ensure an adequate number of 

well-prepared and qualified candidates 

for leadership positions. These 

programs must: 

(a) Implement developmental training 

consistent with agency succession 

management plans; 

(b) Provide continuing learning 

experiences throughout an individual’s 

career, such as details, mentoring, 

coaching, learning groups, and projects. 

These experiences should provide broad 

knowledge and practical experience 

linked to OPM’s Federal leadership 

competencies as well as agencyidentified, mission-related 

competencies, and should be consistent 

with the agency’s succession 

management plan; and 

(c) Include program evaluations 

pursuant to 5 CFR 410.202. 

§ 412.202 Systematic training and 

development of supervisors, managers, and 

executives. 

All agencies must provide for the 

development of individuals in 

supervisory, managerial and executive 

positions, as well as individuals whom 

the agency identifies as potential 

candidates for those positions, based on 

the agencies’ succession plans. Agencies 

also must issue written policies to 

ensure they: 

(a) Design and implement leadership 

development programs integrated with 

the employee development plans, 

programs, and strategies required by 5 

CFR 410.201, and that foster a broad 

agency and Governmentwide 

perspective; 

(b) Provide training within one year of 

an employee’s initial appointment to a 

supervisory position and follow up 

periodically, but at least once every 

three years, by providing each 

supervisor and manager additional 

training on the use of appropriate 

actions, options, and strategies to: 

(1) Mentor employees; 

(2) Improve employee performance 

and productivity; 

(3) Conduct employee performance 

appraisals in accordance with agency 

appraisal systems; and 

(4) Identify and assist employees with 

unacceptable performance. 

(c) Provide training when individuals 

make critical career transitions to 

supervisor, manager, or executive 

consistent with the results of 

assessments of the agency’s needs and 

the individual’s potential. 

Subpart C—Senior Executive Service 

Candidate Development Programs 

§ 412.301 Obtaining approval to conduct a 

Senior Executive Service candidate 

development program (SESCDP). 

(a) An SESCDP is an OPM-approved 

training program designed to develop 

the executive qualifications of 

employees with strong executive 

potential. Successful completion of the 

program qualifies them for and 

authorizes their initial career 

appointment in the SES. An agency 

conducting an SESCDP may submit 

program graduates for Qualifications 

Review Board (QRB) review of their 

executive qualifications under 5 CFR 

317.502. A program graduate certified 

by a QRB may receive an initial career 

appointment without further 

competition to any SES position for 

which he or she meets the professional 

and technical qualifications 

requirements. 

(b) An agency covered by subchapter 

II of chapter 31 of title 5, United States 

Code, may apply to OPM to conduct an 

SESCDP alone or on behalf of a group 

of agencies. (In this subpart, the term 

‘‘agency’’ refers to either a single agency 

or a group of agencies acting in 

partnership under this subpart.) Any 

agency developing an SESCDP must 

submit a policy document describing its 

program methodologies to OPM for 

formal approval before implementing 

the SESCDP. An agency must seek OPM 

approval every five years thereafter, and 

must also consult OPM before 

implementing a change substantially 

altering how the SESCDP complies with 

the requirements of this regulation. An 

agency implementing an SESCDP 

without first obtaining formal approval 

may not submit graduates of the 

program for QRB review. 

(c) An agency that obtained OPM 

approval under previous regulations 

must apply for re-approval in 

accordance with requirements in 

paragraph (b) of this section and this 

subpart before initiating a new SESCDP. 

All existing approvals expire within 2 

years after publication of this regulation. 

(d) An agency covered by subchapter 

II of chapter 31 of title 5, United States 


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Federal Register / Vol. 73, No. 170 / Tuesday, September 2, 2008 / Proposed Rules 51251 

Code, may authorize a major agency 

component employing senior executives 

to apply directly to OPM for approval to 

conduct an SESCDP. Such an 

application from a component must be 

accompanied by the agency’s written 

endorsement. To obtain approval, the 

component must meet the SESCDP 

requirements of this subpart 

independent of agency involvement. 

(e) As always, agencies should be 

mindful of merit principles in carrying 

out their functions under this subpart. 

§ 412.302 Criteria for a Senior Executive 

Service candidate development program 

(SESCDP). 

(a) Executive Resources Board 

requirements. An agency’s Executive 

Resources Board (ERB) must oversee the 

SESCDP. The ERB ensures the 

development program lasts between 12 

and 24 months and includes substantive 

developmental experiences that should 

equip a successful candidate to 

accomplish Federal Government 

missions as a senior executive. The 

agency ERB must oversee and be 

accountable for SESCDP recruitment, 

merit staffing, and assessment. The 

agency ERB must ensure the program 

follows SES merit staffing provisions in 

5 CFR 317.501, subject to the condition 

explained in § 412.302(d)(1) of this part. 

The ERB also must oversee 

development, evaluation, progress in 

the program, and graduation of 

candidates, and for requesting 

Qualifications Review Board (QRB) 

certification of graduates where 

appropriate. The ERB submits for QRB 

review, within 90 days of graduation 

from the program. The ERB also must 

oversee the writing and implementation 

of a removal policy for program 

candidates who do not make adequate 

progress. 

(b) Recruitment. Recruitment for the 

program is from all groups of qualified 

individuals within the civil service, or 

all groups of qualified individuals 

whether or not within the civil service. 

The number selected shall be consistent 

with the number of expected vacancies. 

(c) Senior Executive Service candidate 

development program requirements. An 

SESCDP lasts between 12 and 24 

months. To graduate, a candidate must 

accomplish the requirements between 

the beginning and ending dates of the 

program. Each individual participating 

in an SESCDP must have: 

(1) A documented Senior Executive 

Service Development Plan (SESDP) 

based upon a competency-based needs 

determination and approved by the 

agency ERB. The components of the 

development plan must: 

(i) Address the executive core 

qualifications (ECQs); 

(ii) Address Federal Government 

leadership challenges crucial to the 

senior executive; 

(iii) Provide increased knowledge and 

understanding of the overall functioning 

of the agency, so the participant is 

prepared for a range of positions and 

responsibilities; 

(iv) Include interaction with a wide 

mix of senior Federal employees outside 

the candidate’s department or agency to 

foster a Governmentwide perspective; 

(v) Include interaction with senior 

non-Federal employees to increase 

experience of the broader context in 

which executives operate; and 

(vi) Have Governmentwide or multiagency applicability in the nature and 

scope of the training; 

(2) A formal training experience 

lasting at least 80 hours that addresses 

the ECQs and their application to SES 

positions Governmentwide, explores 

Federal leadership challenges crucial to 

the senior executive, and has 

Governmentwide or multi-agency 

applicability; 

(3) A developmental assignment of at 

least 4 months of full-time service to 

include at least one assignment of 90 

continuous days in a position other 

than, and substantially different from, 

the candidate’s position of record. The 

assignment must include executive level 

responsibility and differ from the 

candidate’s current and past 

assignments in ways that broaden the 

candidate’s experience, as well as 

challenge the candidate with respect to 

leadership competencies and the ECQs. 

Assignments need not be restricted to 

the agency, the Executive Branch, or the 

Federal Government, so long as they can 

be accomplished in compliance with 

applicable law and federal and agency 

specific ethics regulations. The 

candidate is held accountable for 

organizational or agency results 

achieved during the assignment. If the 

assignment is in a non-Federal 

organization, the ERB must provide for 

adequate documentation of the 

individual’s actions and 

accomplishments and must determine 

that the assignment will contribute to 

development of the candidate’s 

executive qualifications; and 

(4) A mentor who is a member of the 

SES or is otherwise determined by the 

ERB to have the knowledge and capacity 

to advise the candidate, consistent with 

goals of the SESCDP. The mentor and 

the candidate are jointly responsible for 

a productive mentoring relationship; 

however, the agency must establish 

methods to assess these relationships 

and, if necessary, facilitate them or 

make appropriate changes in the interest 

of the candidate. 

(d) An SESCDP is a training 

opportunity that OPM has determined 

to compete, with the condition noted in 

§ 412.302(d)(1) of this part, under SES 

merit staffing procedures. Because SES 

merit staffing procedures require 

recruitment from among either all 

qualified persons or all qualified 

persons within the civil service, an 

agency must provide procedures under 

which all persons within one of these 

two possible areas of consideration may 

compete for and, if selected, participate 

in its SESCDP. 

(1) An individual who does not 

currently hold a career or career-type 

civil service appointment may only 

participate in an SESCDP by means of 

a Schedule B appointment authorized 

by 5 CFR 213.3202(j) to a full-time 

position created for developmental 

purposes connected with the SESCDP. 

Exercising its authority under 

§ 302.101(c)(6) of this chapter, OPM 

hereby exempts these full-time positions 

created for developmental purposes 

connected with the SESCDP from the 

appointment procedures of part 302 of 

this chapter. Competition for these 

appointments must be conducted 

pursuant to SES merit staffing 

procedures at § 317.501 of this chapter, 

except that agencies must follow the 

principle of veterans’ preference as far 

as administratively feasible, in 

accordance with § 302.101(c) of this 

chapter. Candidates serving under this 

Schedule B appointment may not be 

used to fill an agency’s regular positions 

on a continuing basis. 

(2) An individual who currently holds 

a career or career-type appointment in 

the civil service must be selected 

through SES merit staffing procedures at 

§ 317.501 of this chapter. Such an 

individual may be selected for and 

participate in an SESCDP in any agency 

while serving in his or her position of 

record. The individual may continue to 

participate in the SESCDP upon moving 

to other civil service positions under 

career or career-type appointment. An 

SESCDP competition does not satisfy 

the requirements of part 335 of this 

chapter and therefore does not provide 

an independent basis to appoint or 

promote a career or career-type 

appointee. 

(3) A career or career-type appointee 

may participate in an SESCDP 

conducted by an agency other than his 

or her employing agency under such 

terms as are mutually agreeable and 

outlined in a Memorandum of 

Understanding (MOU) signed by both 

agencies involved. Terms of the MOU 

must be consistent with applicable 


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51252 Federal Register / Vol. 73, No. 170 / Tuesday, September 2, 2008 / Proposed Rules 

provisions of 5 U.S.C. chapter 41 and a 

copy must be provided to OPM. Either 

agency may decline or discontinue a 

candidate’s participation if such terms 

cannot be negotiated or are not fulfilled. 

(4) Any candidate’s participation in 

an SESCDP is at the discretion of the 

employing agency and subject to 

provisions established under 5 CFR 

412.302(a) for removing a participant 

who does not make adequate progress in 

the program. 

(5) For purposes of this paragraph, a 

‘‘career-type’’ appointment means a 

career or career-conditional 

appointment or an appointment of 

equivalent tenure. An appointment of 

equivalent tenure is considered to be an 

appointment in the excepted service 

that is placed in Group I or Group II 

under § 351.502(b) of this chapter. 

Subpart D—Executive Development 

§ 412.401 Continuing executive 

development. 

(a) Each agency must establish a 

program or programs for the continuing 

development of its senior executives in 

accordance with 5 U.S.C 3396(a). Such 

agency programs must include 

preparation, implementation, and 

regular updating of an Executive 

Development Plan (EDP) for each senior 

executive. The EDPs will: 

(1) Function as a detailed guide of 

developmental experiences to help SES 

members, through participation in 

short-term and longer term experiences, 

meet organizational needs for 

leadership, managerial improvement, 

and organizational results; 

(2) Address enhancement of existing 

executive competencies and such other 

competencies as will strengthen the 

executive’s performance; 

(3) Focus primarily on work-related 

experiences; 

(4) Outline developmental 

opportunities and assignments to allow 

the individual to develop a broader 

perspective in the agency as well as 

Governmentwide; and 

(5) Be reviewed annually and revised 

as appropriate by an ERB or similar 

body designated by the agency to 

oversee executive development, using 

input from the performance evaluation 

cycle. 

(b) Consistent with 5 U.S.C. 3396(d) 

and other applicable statutes, EDPs may 

provide for executive sabbaticals and 

other long-term assignments outside the 

Federal sector. 

[FR Doc. E8–20273 Filed 8–29–08; 8:45 am] 

BILLING CODE 6325–39–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2007–27628; Directorate 

Identifier 2007–CE–025–AD] 

RIN 2120–AA64 

Airworthiness Directives; Cessna 

Aircraft Company (Type Certificate 

Previously Held by Columbia Aircraft 

Manufacturing) Models LC40–550FG, 

LC41–550FG, and LC42–550FG 

Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking; 

correction. 

SUMMARY: This document makes a 

correction to a proposed airworthiness 

directive (AD), which was published in 

the Federal Register on August 7, 2008 

(73 FR 45902), and applies to certain 

Cessna Aircraft Company (type 

certificate previously held by Columbia 

Aircraft Manufacturing) (Cessna) 

Models LC40–550FG, LC41–550FG, and 

LC42–550FG airplanes. This document 

proposed to revise AD 2007–07–06 with 

a new AD that would retain the actions 

currently required in AD 2007–07–06; 

allow installing access panels; and 

change the serial number applicability. 

The FAA incorrectly referenced the 

docket number of this proposed AD as 

‘‘FAA–2007–27268’’ instead of ‘‘FAA–

2007–27628.’’ This document corrects 

the docket number. 

DATES: The comment period ending date 

of October 6, 2008, remains the same. 

The FAA will also address any 

comments relating to this proposed AD 

submitted to Docket No. FAA–2007–

27268. 

FOR FURTHER INFORMATION CONTACT: Jeff 

Morfitt, Aerospace Engineer, FAA, 

Seattle Aircraft Certification Office, 

1601 Lind Avenue, SW., Renton, WA 

98057; telephone: (425) 917–6405; fax: 

(425) 917–6590. 

SUPPLEMENTARY INFORMATION: 

Discussion 

On August 1, 2008, the FAA issued a 

notice of proposed rulemaking (NPRM) 

to revise AD 2007–07–06 with a new AD 

that would retain the actions currently 

required in AD 2007–07–06; allow 

installing access panels; and change the 

serial number applicability. This NPRM 

was published in the Federal Register 

on August 7, 2008 (73 FR 45902). The 

FAA incorrectly referenced the docket 

number of this proposed AD as ‘‘FAA–

2007–27268’’ instead of ‘‘FAA–2007–

27628.’’ This document corrects the 

docket number. 

Need for the Correction 

This correction is needed to assure 

that all correspondence related to this 

subject is posted in the correct docket. 

Correction of Publication 

Accordingly, the publication of 

August 7, 2008 (73 FR 45902), which 

was the subject of FR Doc. E8–18231, is 

corrected as follows: 

On page 45902, in the third column, 

in the third line under the heading 

DEPARTMENT OF TRANSPORTATION, replace 

‘‘FAA–2007–27268’’ with ‘‘FAA–2007–

27628.’’

On page 45903, in the second column, 

in the seventh line under the heading 

SUPPLEMENTARY INFORMATION, replace 

‘‘FAA–2007–27268’’ with ‘‘FAA–2007–

27628.’’

§ 39.13 [Corrected] 

On page 45904, in the third column, 

in the eighth and ninth lines under the 

heading § 39.13 [Amended], replace 

‘‘FAA–2007–27268’’ with ‘‘FAA–2007–

27628.’’

Action is taken herein to correct this 

reference in the proposed AD. 

The comment period ending date of 

October 6, 2008, remains the same. The 

FAA will also address any comments 

relating to this proposed AD submitted 

to Docket No. FAA–2007–27268. 

Issued in Kansas City, Missouri, on August 

25, 2008. 

Brian A. Yanez, 

Acting Manager, Small Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. E8–20200 Filed 8–29–08; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2008–0453; Airspace 

Docket No. 08–AAL–12] 

Proposed Establishment of Class E 

Airspace; Kwethluk, AK 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: This action proposes to 

establish Class E airspace at Kwethluk, 

AK. Two Standard Instrument 

Approach Procedures (SIAPs) are being 

developed for the Kwethluk Airport at 

Kwethluk, AK. Adoption of this 

proposal would result in creating Class 

E airspace upward from 700 feet (ft.) 


erowe on PROD1PC64 with PROPOSALS