[Federal Register Volume 62, Number 73 (Wednesday, April 16, 1997)]
[Rules and Regulations]
[Page 18505]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-9847]



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 Rules and Regulations
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  Federal Register / Vol. 62, No. 73 / Wednesday, April 16, 1997 / 
Rules and Regulations  

[[Page 18505]]


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OFFICE OF PERSONNEL MANAGEMENT

5 CFR Part 213

RIN 3206-AH67


Excepted Service--Schedule A Authority for Temporary 
Organizations

AGENCY: Office of Personnel Management.

ACTION: Final regulations.

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SUMMARY: The Office of Personnel Management (OPM) is amending the 
Schedule A excepted service appointing authority agencies use to fill 
positions in temporary organizations. These regulations delete the GS-
15 grade level limitation to permit agencies to make such appointments 
also to Senior Level positions.

EFFECTIVE DATE: May 16, 1997.

FOR FURTHER INFORMATION CONTACT: Sylvia Cole on (202) 606-0830, TDD 
(202) 606-0023, or FAX (202) 606-2329.

SUPPLEMENTARY INFORMATION: The Schedule A authority for appointing 
staff in temporary organizations was established in 1979. It permits 
agencies to fill positions on the staffs of temporary boards and 
commissions established by law or Executive order for specified periods 
not to exceed 4 years. The authority also permits appointments in 
temporary organizations established within existing agencies to perform 
work outside the agency's continuing responsibilities.
    Currently appointments can only be made at GS-15 and below because 
when the authority was established, there was no need to include 
positions above that level. The executive assignment system used to 
cover positions at grades GS-16, 17 and 18, and individuals were 
appointed at those levels through non-competitive limited executive 
assignments.
    The Federal Employees Pay Comparability Act of 1990 abolished 
grades GS-16, 17, and 18, and the executive assignment system, and 
established the Senior Level system. Unlike the executive assignment 
system, the Senior Level system does not provide for noncompetitive 
time-limited appointments.
    On December 2, 1996, (61 FR 63762), we proposed regulations to 
remove the GS-15 grade level limitation to permit agencies to make 
appointments to Senior Level positions. We received one comment from an 
agency in support of the proposed regulations and are adopting them as 
final regulations with no change.

Editorial Changes

    As part of the final regulations we are also making the following 
editorial changes: In 5 CFR 213.103(a) we are deleting the sentence 
that refers to Schedule A, B, and C appointing authorities being 
published in the Federal Personnel Manual. The Federal Personnel Manual 
was abolished on December 31, 1994.
    We are adding a clarifying sentence to 5 CFR 213.104. This section 
sets forth special provisions for making temporary, intermittent, or 
seasonal appointments under Schedules A, B, and C. The existing 
regulations provide that if the appointments are for 1 year or less, by 
definition, they are temporary appointments and are subject to certain 
restrictions. Because of numerous questions from agencies, we are 
adding a statement to clarify that agencies continue to have the 
ability to make appointments with time limits of more than 1 year. 
These time-limited appointments are not subject to the restrictions for 
temporary appointments.

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 the regulations apply only to appointment 
procedures used to appoint certain employees in Federal agencies.

Executive Order 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 213

    Government employees, Reporting and recordkeeping requirements.

U.S. Office of Personnel Management.
James B. King,
Director.

    Accordingly, OPM is amending 5 CFR part 213 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; Sec. 213.101 also issued under 5 U.S.C. 2103; 
Sec. 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; and 38 
U.S.C. 4301 et seq.


Sec. 213.103   [Amended]

    2. In section 213.103, the last sentence of paragraph (a) is 
removed.
    3. In section 213.104, paragraph (a)(1) is revised to read as 
follows:


Sec. 213.104  Special provisions for temporary, intermittent, or 
seasonal appointments in Schedule A, B, or C.

    (a) * * *
    (1) Temporary appointments, unless otherwise specified in a 
particular Schedule A, B, or C exception, are made for a specified 
period not to exceed 1 year and are subject to the time limits in 
paragraph (b) of this section. Time-limited appointments made for more 
than 1 year are not considered to be temporary appointments, and are 
not subject to these time limits.
* * * * *
    4. In section 213.3199, the first sentence of paragraph (a) and the 
introductory text in paragraph (b) are revised to read as follows:


Sec. 213.3199  Temporary organizations.

    (a) Positions on the staffs of temporary boards and commissions 
which are established by law or Executive order for specified periods 
not to exceed 4 years to perform specific projects. * * *
    (b) Positions on the staffs of temporary organizations within 
continuing agencies when all of the following conditions are met: * * *
* * * * *
[FR Doc. 97-9847 Filed 4-15-97; 8:45 am]
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