This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

21771 

Vol. 74, No. 89 

Monday, May 11, 2009 

OFFICE OF PERSONNEL 

MANAGEMENT 

5 CFR Part 300 

RIN 3206–AL18 

Revocation of Final Rule Eliminating 

Time-in-Grade Requirements Pending 

Policy Review; Extension of Effective 

Date During Rulemaking 

AGENCY: U.S. Office of Personnel 

Management. 

ACTION: Notice of proposed rulemaking 

with request for public comments; 

notice of proposed extension of effective 

date with request for public comments. 

SUMMARY: The U.S. Office of Personnel 

Management (OPM) proposes to revoke 

the final rule, titled Time-in-Grade Rule 

Eliminated, published in the Federal 

Register on November 7, 2008, pending 

OPM’s review and consideration of 

additional public comments received in 

response to a March 9, 2009 Federal 

Register notice which extended the final 

rule’s effective date. OPM also proposes 

to extend the final rule’s effective date 

for an additional 90 days, from May 18, 

2009 until August 16, 2009, to avoid the 

unnecessary expense of allowing a rule 

to take effect that may later be amended 

or revoked as a result of the rulemaking 

proceeding. OPM seeks comments, with 

a 30-day comment period, on the merits 

of revoking, retaining, or amending 

OPM’s November 7, 2008 final rule. 

OPM also seeks comments, with a 5-day 

comment period, on the merits of 

extending the final rule’s effective date 

pending the completion of the 

rulemaking proceeding. 

DATES: The effective date of Time-inGrade Rule Eliminated, published in the 

Federal Register on November 7, 2008 

(73 FR 66157), was delayed by a 

document published March 9, 2009 (74 

FR 9951) to May 18, 2009, unless the 

effective date is extended to August 16, 

2009 as proposed in this document. The 

comment period for OPM’s proposal to 

extend the final rule’s effective date will 

close on May 12, 2009. The comment 

period for OPM’s proposal to revoke the 

final rule will close on June 10, 2009. 

ADDRESSES: You may submit comments, 

identified by RIN number ‘‘3206– 

AL18,’’ using any of the following 

methods: 

Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

E-mail: employ@opm.gov. Include 

‘‘RIN 3206–AL18, Time in Grade’’ in the 

subject line of the message. 

Fax: (202) 606–2329. 

Mail: Angela Bailey, Deputy Associate 

Director, Center for Talent and Capacity 

Policy, U.S. Office of Personnel 

Management, Room 6551, 1900 E Street, 

NW., Washington, DC 20415–9700. 

Hand Delivery/Courier: Angela Bailey, 

Deputy Associate Director, Center for 

Talent and Capacity Policy, U.S. Office 

of Personnel Management, Room 6551, 

1900 E Street, NW., Washington, DC 

20415–9700. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Janice Warren by telephone (202) 606– 

0960; by fax (202) 606–2329; by TTY 

(202) 418–3134; or by e-mail 

janice.warren@opm.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

On February 6, 2008, OPM proposed, 

at 73 FR 6857, removing and reserving 

5 CFR part 300, subpart F, thereby 

eliminating the time-in-grade restriction 

on advancement to competitive service 

positions in the General Schedule. 

Under the rule that OPM proposed to 

eliminate, employees in competitive 

service General Schedule positions at 

grades 5 and above must serve 52 weeks 

in grade before becoming eligible for 

promotion to the next grade level. 

Abolishing the restriction would 

eliminate the 52-week service 

requirement. If the requirement is 

eliminated, an employee must continue 

to meet occupational qualification 

standard requirements, and any 

additional job-related qualification 

requirements established for the 

position. 

On November 7, 2008, after 

considering comments from seven 

agencies, five unions, one national 

employee organization, and 33 

individuals, as well as 61 form letters 

from individuals, OPM issued a final 

rule, at 73 FR 66157, eliminating the 

time-in-grade restriction. The final rule 

was given an effective date of March 9, 

2009 in order to give agencies time to 

amend their policies and communicate 

changes to their human resources staff 

and employees. 

On March 9, 2009, OPM published a 

document, at 74 FR 9951, extending the 

final rule’s effective date until May 18, 

2009 and reopening the public comment 

period. OPM issued this notice pursuant 

to a January 20, 2009 White House 

memorandum on regulatory review, 

which requested agencies to consider 

extending for 60 days the effective date 

of regulations that were published in the 

Federal Register but that had not yet 

taken effect, for the purpose of 

reviewing questions of law and policy 

raised by those regulations. 

Proposal To Revoke the Final Rule 

OPM received public comments in 

response to the March 9, 2009 Federal 

Register notice. Ten individuals 

commented favorably on the final rule. 

One of these individuals also offered 

qualified support for extending the 

rule’s effective date. One executive 

agency commented neutrally on the 

final rule. Two executive agencies, one 

legislative agency, and one individual 

submitted qualified comments on the 

final rule requesting amendments or 

clarifications or stating concerns about 

implementation. Seven individuals and 

two labor organizations commented in 

opposition to the final rule. One of these 

labor organizations also commented in 

favor of extending the rule’s effective 

date. One individual commented solely 

in opposition to extending the final 

rule’s effective date. Finally, one 

individual submitted a statement 

describing his personal experience with 

time-in-grade requirements, but not 

commenting on the rule or its effective 

date. 

As OPM stated in its March 9, 2009 

Federal Register notice, the purpose of 

the additional public comment period 

was ‘‘to allow interested parties to 

provide comments about issues of law 

and policy’’ raised by regulations that 

had not yet taken effect. OPM’s March 

9, 2009 Federal Register referenced the 

January 20, 2009 White House 

memorandum on regulatory review, 

available at http://www.whitehouse.gov/ 

omb/inforeg_regmatters/, which stated 

that the purpose of extending the 

effective date and reopening the public 

comment period for such rules was to 

give the incoming Administration’s 

21772 Federal Register / Vol. 74, No. 89 / Monday, May 11, 2009 / Proposed Rules 

appointees and designees an 

opportunity to review and approve such 

rules. As noted above, when OPM 

reopened the public comment period, 

we received numerous substantive 

comments opposing the final rule, 

requesting amendments or 

clarifications, or stating concerns about 

implementation. OPM needs time to 

evaluate these comments, as well as the 

new comments in favor of the rule, as 

part of the review and evaluation 

process described in the White House 

memorandum on regulatory review. 

Accordingly, OPM proposes to revoke 

the November 7, 2008 final rule pending 

OPM’s review and consideration of the 

additional public comments that were 

solicited on March 9, 2009. OPM seeks 

additional public comments, with a 30- 

day comment period, on the merits of 

revoking, retaining, or amending the 

November 7, 2008 final rule. When 

OPM issues a new final rule, or reissues 

the November 7, 2008 final rule, with or 

without amendments, OPM will account 

for the public comments received in 

response to the March 9, 2009 Federal 

Register notice, as well as any 

comments received in response to this 

notice of proposed rulemaking. 

Proposal To Extend the Final Rule’s 

Effective Date 

The November 7, 2008 final rule is 

scheduled to take effect on May 18, 

2009. However, in its February 6, 2008 

notice of proposed rulemaking, OPM 

recognized that agencies need 

significant time to implement any new 

policy on time-in-grade requirements, 

and to communicate the policy to 

human resources staff and employees. 

This concern was validated by one 

agency’s comment, in response to 

OPM’s March 9, 2009 Federal Register 

notice, that implementing a time-ingrade policy required significant lead 

time, because of that agency’s need to 

modify merit promotion procedures, 

notify labor organizations, and amend 

hundreds of vacancy announcements for 

competitive service positions, all at a 

time when the agency had significant 

competing obligations. 

Unless the final rule’s effective date is 

further extended, agencies likely will 

undertake significant effort and expense 

to meet the changes required by the 

rule. If the decision is made to revoke 

or amend the final rule, these expenses 

will have been incurred unnecessarily. 

Furthermore, OPM will have to begin 

answering questions and providing 

compliance assistance about how the 

final rule is to be implemented, 

guidance that will only confuse agencies 

if new guidance about a revised rule has 

to be provided in the near future. For 

these reasons, OPM proposes to extend 

the November 7, 2008 final rule’s 

effective date by an additional 90 days, 

until August 16, 2009. This will give 

OPM time to review public comments 

and complete the rulemaking 

proceeding. OPM is opening a 5-day 

public comment period on the proposed 

extension of the final rule’s effective 

date, separate from the 30-day public 

comment period on the notice of 

proposed rulemaking. 

OPM suggests that agencies delay 

preparations and financial commitments 

associated with the changes required by 

the final rule until a decision is made 

regarding whether and when, if at all, 

the regulation will go into effect. 

Regulatory Flexibility Act 

I certify that this regulation will not 

have a significant economic impact on 

a substantial number of small entities 

because it affects only certain Federal 

employees. 

E.O. 12866, Regulatory Review 

This rule has been reviewed by the 

Office of Management and Budget in 

accordance with Executive Order 12866. 

List of Subjects in 5 CFR Part 300 

Freedom of information, Government 

employees, Reporting and 

recordkeeping requirements, Selective 

Service System. 

U.S. Office of Personnel Management. 

John Berry, 

Director. 

[FR Doc. E9–11014 Filed 5–7–09; 12:00 pm 

BILLING CODE 6325–39–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2009–0236; Directorate 

Identifier 2009–NE–06–AD] 

RIN 2120–AA64 

Airworthiness Directives; CFM 

International, S.A. CFM56–7B Series 

Turbofan Engines 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: The FAA proposes to adopt a 

new airworthiness directive (AD) for 

CFM International, S.A. CFM56–7B 

series turbofan engines. This proposed 

AD would require initial and repetitive 

eddy current inspections (ECIs) of 

certain part number (P/N) low-pressure 

(LP) turbine rear frames. This proposed 

AD results from a refined life analysis 

by the engine manufacturer that shows 

the need to identify an initial and 

repetitive inspection threshold for 

inspecting certain LP turbine rear 

frames. We are proposing this AD to 

prevent failure of the LP turbine rear 

frame from low-cycle-fatigue cracks. 

Failure of the LP turbine rear frame 

could result in engine separation from 

the airplane, possibly leading to loss of 

control of the airplane. 

DATES: We must receive any comments 

on this proposed AD by July 10, 2009. 

ADDRESSES: Use one of the following 

addresses to comment on this proposed 

AD. 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov and follow 

the instructions for sending your 

comments electronically. 

• Mail: Docket Management Facility, 

U.S. Department of Transportation, 1200 

New Jersey Avenue, SE., West Building 

Ground Floor, Room W12–140, 

Washington, DC 20590–0001. 

• Hand Delivery: Deliver to Mail 

address above between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. 

• Fax: (202) 493–2251. 

FOR FURTHER INFORMATION CONTACT: 

Antonio Cancelliere, Aerospace 

Engineer, Engine Certification Office, 

FAA, Engine and Propeller Directorate, 

12 New England Executive Park, 

Burlington, MA 01803; e-mail: 

antonio.cancelliere@faa.gov; (781) 238– 

7199. 

Contact CFM International, Technical 

Publications Department, 1 Neumann 

Way, Cincinnati, OH 45215; telephone 

(513) 552–2800; fax (513) 552–2816, for 

a copy of the service information 

identified in this proposed AD. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

We invite you to send us any written 

relevant data, views, or arguments 

regarding this proposal. Send your 

comments to an address listed under 

ADDRESSES. Include ‘‘Docket No. FAA– 

2009–0236; Directorate Identifier 2009– 

NE–06–AD’’ in the subject line of your 

comments. We specifically invite 

comments on the overall regulatory, 

economic, environmental, and energy 

aspects of the proposed AD. We will 

consider all comments received by the 

closing date and may amend the 

proposed AD in light of those 

comments. 

We will post all comments we 

receive, without change, to http:// 

www.regulations.gov, including any 

personal information you provide. We