[Federal Register Volume 62, Number 79 (Thursday, April 24, 1997)]
[Rules and Regulations]
[Pages 19899-19900]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-10642]



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 Rules and Regulations
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  Federal Register / Vol. 62, No. 79 / Thursday, April 24, 1997 / Rules 
and Regulations  

[[Page 19899]]


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OFFICE OF PERSONNEL MANAGEMENT

5 CFR Parts 213 and 338

RIN 3206-AG21


Summer Employment

AGENCY: Office of Personnel Management.

ACTION: Final rule.

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SUMMARY: The Office of Personnel Management (OPM) is issuing final 
regulations to eliminate language in title 5, Code of Federal 
Regulations, that places certain restrictions on agency hiring during 
traditional summer months. The proposed change is part of OPM's efforts 
to streamline hiring processes and eliminate unnecessary appointing 
authorities. Agencies would continue to use temporary limited 
appointments or student temporary appointments, as appropriate, to 
appoint individuals during the summer.

EFFECTIVE DATE: April 24, 1997.

FOR FURTHER INFORMATION CONTACT: Karen Jacobs or Mike Mahoney on (202) 
606-0830, TDD (202) 606-0023, or FAX (202) 606-2329.

SUPPLEMENTARY INFORMATION: On January 13, 1997, the Office of Personnel 
Management (OPM) published proposed rules (62 FR 1695) to eliminate the 
language found in title 5, Code of Federal Regulations, that places 
certain restrictions on agency hiring during traditional summer months. 
In an effort to reduce unnecessary appointing authorities, we have been 
advising agencies to appoint individuals during the summer months using 
the appropriate competitive temporary or excepted appointment. 
Therefore, the need for a separate summer employment appointment no 
longer exists.
    OPM received written comments from 12 agencies. We received very 
few comments on the regulatory language itself. Rather, the comments 
focused on the procedural information that was in the supplementary 
information. Most agencies agreed that the need for a separate 
appointing authority no longer existed and that they could use 
competitive temporary appointments or excepted student temporary 
appointments to fill their summer jobs. However, several agencies 
objected to our requiring written tests for competitive appointments 
made during the traditional summer months.

Appointments

    OPM had previously revised its regulations on temporary employment 
and streamlined the student employment programs to give agencies more 
flexibility in the hiring process. Therefore, agencies may fill time-
limited appointments that occur during the summer months by using 
either the temporary appointing authority in parts 316 and 333 or the 
student temporary appointment in parts 213 and 302, as appropriate. 
Agencies are reminded that the rules on nepotism, veterans' preference, 
and career transition assistance are applicable.
    Agencies should process these appointments using the instructions 
in chapter 10 and chapter 11 of OPM's Guide to Processing Personnel 
Actions, as appropriate. However, agencies must not use table 10-A 
(Summer Appointment) of chapter 10 to document competitive temporary 
appointments. Also agencies must not use nature of action codes of 
chapter 11 associated with excepted service, summer appointments NTE .
    Agencies must conduct open recruitment for all competitive 
appointments. Agencies planning to fill one or more summer vacancies 
competitively, must enter the vacancies (job summaries), as well as 
full text vacancy announcements, into OPM's Federal Jobs Database. The 
procedures for advertising summer jobs are the same as for all other 
jobs.
    Also, agencies planning to fill jobs through the student temporary 
employment program are encouraged to enter the vacancies and 
announcements into OPM's database.

Written Test Waivers

    In the past, agencies were authorized to waive written tests 
required by OPM's qualification standards for competitive appointments 
that began after May 12 and ended prior to October 1 of each year. 
Since our intent is to move away from appointments restricted to that 
time period and toward regular temporary appointments, we eliminated 
written test waivers in our proposal. Our proposal required applicants 
to pass any written test required by the competitive service 
qualification standards.
    Several agencies had strong objections to this provision. A few 
agencies stated that requiring the written tests for these short 
periods would pose a tremendous administrative burden on agencies, 
especially on those located in remote locations. Several agencies felt 
the process was costly and time consuming. Two commenters found that 
the number of available applicants is often limited because many 
applicants do not perform well on the test.
    In order to be responsive to agency needs, OPM has authorized 
agencies to waive written test requirements for competitive temporary 
appointments (including extensions) not-to-exceed 120 days. However, 
agencies are still required to conduct competitive examining, as 
appropriate, in accordance with part 333 of this chapter. This test 
waiver applies to appointments made at any time during the year as long 
as the appointment (including extensions) does not exceed 120 days. 
This information will be incorporated into OPM's Operating Manual, 
Qualification Standards for General Schedule Positions.

Summer Rehires

    Individuals appointed, including those appointed during the summer 
months, under Sec. 316.402 of this chapter may be reappointed under the 
conditions set forth in Sec. 316.402(b)(3)--noncompetitive temporary 
limited appointments, and Sec. 316.401(d)--exceptions to the general 
time limits on making temporary appointments. However, they must be 
reappointed to the same type of position for which they originally 
competed under the procedures of part 333 of this chapter.
    Students appointed under the student temporary employment program 
are not subject to the time limits in parts 316 or 213, or the 
reappointment procedures in part 316. Agencies may reappoint these 
students at any time, as appropriate.

[[Page 19900]]

Waiver of Delay in Effective Date

    Pursuant to 5 U.S.C. 553(d)(3), I find that good cause exists to 
waive the delay in effective date and make these regulations effective 
in less than 30 days. The delay in effective date is being waived 
because agencies have begun their recruitment efforts and a delay would 
result in the postponement of job offers for positions that are made 
during the traditional summer season.

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 for certain employees in Federal agencies.

List of Subjects in 5 CFR Parts 213 and 338

    Government employees, Reporting and recordkeeping requirements.

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

    Accordingly, OPM proposes to amend 5 CFR parts 213 and 338 as 
follows:

PART 213--EXCEPTED SERVICE

    1. The authority citation for part 213 is revised 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), 
8456; E.O. 12364, 47 FR 22931, 3 CFR 1982 Comp., p.185; and 38 
U.S.C. 4301 et seq.


Sec. 213.3101  [Amended]

    2. In Sec. 213.3101, paragraphs (b) [reserved] through (f) are 
removed; the paragraph designation in paragraph (a) is removed.

PART 338--QUALIFICATION REQUIREMENTS (GENERAL)

    3. The authority citation for part 338 continues to read as 
follows:

    Authority: 5 U.S.C. 3301, 3302; E.O. 10577, 3 CFR 1954-58 Comp., 
p. 218.

Subpart B--[Reserved]

    4. In part 338, subpart B consisting of Sec. 338.202, is removed 
and reserved.

[FR Doc. 97-10642 Filed 4-23-97; 8:45 am]
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