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.

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Rules and Regulations Federal Register

58435 

Vol. 73, No. 195 

Tuesday, October 7, 2008 

DEPARTMENT OF HOMELAND 

SECURITY 

5 CFR Part 9701 

[Docket No. DHS–2004–0001] 

RIN 1601–AA19 

Management Directorate; Department 

of Homeland Security Human 

Resources Management System 

AGENCY: Office of the Secretary, 

Department of Homeland Security. 

ACTION: Notice of Implementation Date. 

SUMMARY: This notice informs the public 

of the operative date the Department of 

Homeland Security is rescinding 

application of the Department of 

Homeland Security Human Resources 

Management System. 

DATES: Applicable beginning October 1, 

2008. 

FOR FURTHER INFORMATION CONTACT: 

Robert Lauria, Deputy Director for 

Performance Management, Department 

of Homeland Security, Office of the 

Chief Human Capital Officer, (202) 357– 

8240. 

SUPPLEMENTARY INFORMATION: 

Authority: 5 U.S.C. 9701; 5 CFR 9701.102. 

On February 1, 2005, the Department 

of Homeland Security (DHS) and the 

Office of Personnel Management (OPM) 

jointly issued final regulations at 5 CFR 

Part 9701 establishing a Department of 

Homeland Security Human Resources 

Management System (the ‘‘System’’). 

Pursuant to 5 CFR 9701.102(b)(2), 

Subpart A of the System became 

applicable to eligible DHS employees on 

March 3, 2005. Thereafter, DHS 

extended coverage of Subparts D 

(Performance Management), F (Adverse 

Actions) and G (Appeals) of the 

regulations to certain eligible DHS 

employees within some DHS 

components. DHS phased in coverage to 

certain employees under Subpart D 

(Performance Management) beginning 

April 1, 2007 and, similarly, coverage 

under Subpart F (Adverse Actions) and 

G (Appeals) beginning May 1, 2007. The 

provisions ultimately covered more than 

35,000 eligible DHS employees. 

On September 30, 2008, the President 

signed the Consolidated Security, 

Disaster Assistance and Continuing 

Appropriations Act, 2009, Public Law 

110–329 (2008) (the ‘‘FY 09 DHS 

Appropriations Act’’). Congress 

provided in the FY 09 DHS 

Appropriations Act at Section 522(a), 

‘‘None of the funds provided by this or 

any other Act may be obligated for the 

development, testing, deployment, or 

operation of any portion of a human 

resources management system 

authorized by 5 U.S.C. 9701(a), or by 

regulations prescribed pursuant to such 

section, for an employee as defined in 

5 U.S.C. 7103(a)(2).’’ 

As a result of this enactment, and 

pursuant to 5 CFR 9701.102(e), effective 

October 1, 2008, the Department is 

rescinding application of 5 CFR 9701, 

Subparts A–G, as to all eligible, covered 

employees Department-wide. DHS 

components will convert employees 

covered by these subparts to coverage 

under applicable Title 5 provisions. 

Rescinding application also rescinds the 

waivers made in 5 CFR part 9701, 

including waivers of Title 5 Chapters 

43, 75, and 77. 

The Department has coordinated 

these actions with the Office of 

Personnel Management and has 

provided separate advance notice to 

affected employees and labor 

organizations, as well as to the Merit 

System Protection Board. 

Dated: October 1, 2008. 

Thomas D. Cairns, 

Chief Human Capital Officer, Department of 

Homeland Security. 

[FR Doc. E8–23735 Filed 10–6–08; 8:45 am] 

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DEPARTMENT OF DEFENSE 

OFFICE OF PERSONNEL 

MANAGEMENT 

5 CFR Part 9901 

RIN 3206–AL62 

National Security Personnel System; 

Correction 

AGENCY: Department of Defense; Office 

of Personnel Management. 

ACTION: Final rule; correction. 

SUMMARY: The Department of Defense 

(DoD) and the Office of Personnel 

Management (OPM) published in the 

Federal Register of September 26, 2008 

(73 FR 56344) a final rule governing the 

operation of the National Security 

Personnel System (NSPS), a human 

resources management system for DoD, 

as originally authorized by the National 

Defense Authorization Act for Fiscal 

Year 2004 and amended by the National 

Defense Authorization Act for Fiscal 

Year 2008. This correction document 

clarifies the effective date of the final 

rule. 

DATES: Effective October 7, 2008. 

FOR FURTHER INFORMATION CONTACT: At 

DoD, Bradley B. Bunn, (703) 696–5303; 

for OPM, Charles D. Grimes III, (202) 

418–3163. 

SUPPLEMENTARY INFORMATION: In FR Doc. 

E8–22483, appearing on page 56344 in 

the Federal Register of Friday, 

September 26, 2008, the DATES section 

should read, ‘‘Effective November 25, 

2008.’’ 

Office of Personnel Management. 

Charles D. Grimes III, 

Deputy Associate Director, Center for 

Performance and Pay Systems, Department 

of Defense. 

Bradley B. Bunn, 

Program Executive Officer, National Security 

Personnel System. 

[FR Doc. E8–23727 Filed 10–6–08; 8:45 am] 

BILLING CODE 6325–39–P 


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