[Federal Register Volume 63, Number 229 (Monday, November 30, 1998)]
[Rules and Regulations]
[Page 65637]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-31693]



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 Rules and Regulations
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  Federal Register / Vol. 63, No. 229 / Monday, November 30, 1998 / 
Rules and Regulations  

[[Page 65637]]


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OFFICE OF PERSONNEL MANAGEMENT

5 CFR Part 950

RIN 3206-AI53


Authorization of Solicitations During the Combined Federal 
Campaign

AGENCY: Office of Personnel Management.

ACTION: Interim Rule.

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SUMMARY: The Office of Personnel Management (OPM) is issuing an interim 
rule giving the Director the discretion to authorize solicitations upon 
written request during the Combined Federal Campaign (CFC). In 
extraordinary circumstances, solicitations in support of victims in 
cases of emergencies or disasters may be approved. The intended effect 
of this rule is to enable the Federal workforce to respond to 
emergencies or disasters of catastrophic proportions which may occur 
during the CFC.

DATES: Interim rule effective: November 30, 1998; comments must be 
received on or before December 30, 1998.

ADDRESSES: Send written comments to Lorraine Lewis, General Counsel, 
Office of General Counsel; Office of Personnel Management; Room 7353, 
1900 E Street, NW., Washington, DC 20415-1300.

FOR FURTHER INFORMATION CONTACT: Becky Kumar, Office of General 
Counsel, Office of Personnel Management, (202) 606-2885.

SUPPLEMENTARY INFORMATION: The recent devastation in Central America 
caused by Hurricane Mitch in late October and early November resulted 
in over 10,000 deaths and destroyed the homes and communities of many 
thousands more. This tragedy provided the impetus for OPM to review its 
regulations governing the solicitation of the Federal workforce and to 
conclude that there is a need for further flexibility in its 
regulations in order to respond to emergencies and disasters of 
catastrophic proportions.
    The CFC regulations prohibit solicitations of the Federal workforce 
apart from those conducted as part of the Combined Federal Campaign. 
The CFC was designed to be the one concentrated period during which 
Federal employees may be solicited to contribute to all eligible 
organizations. The rationale for limiting the CFC to a single period 
during the year is to provide Federal employees with a means of 
contributing to a wide variety of worthy voluntary organizations, but 
to accomplish this with minimal disruption to the work of the 
Government.
    The regulations contain an exception for solicitations requested in 
writing on behalf of victims of emergencies and disasters, with the 
limitation that no such solicitations may occur between September 1 to 
December 15, the period of the CFC. In our review of this matter, we 
have determined on rare occasions, it may be necessary to authorize a 
solicitation during this time period. Natural disasters are not subject 
to time constraints, and extraordinary occurrences may necessitate 
extraordinary relief measures. OPM believes that this time period is of 
continuing concern in the future, since, according to the National 
Oceanic and Atmospheric Administration, the Atlantic hurricane season 
runs from June 1 through November 30 each year and the Pacific 
hurricane season runs from May 15 through November 30. Both of these 
periods overlap with the CFC.
    In light of all of the above, OPM is adding a provision to the 
current regulations governing the CFC to allow the Director to 
authorize solicitations during the CFC for victims of disasters or 
emergencies, upon written request and a showing of extraordinary 
circumstances. OPM expects that both the requests and approvals for 
such solicitations will be rare.

Regulatory Flexibility Act

    I certify that these regulations would not have a significant 
economic impact on a substantial number of small entities because they 
would only apply to Federal agencies and employees.

Waiver of Notice of Proposed Rulemaking and Delay in Effective Date

    Pursuant to 5 U.S.C. 553(b)(3)(B), I find that good cause exists 
for waiving the general notice of proposed rulemaking. Also, pursuant 
to 5 U.S.C. 553(d)(3), I find that good cause exists to make this rule 
effective in less than 30 days. This regulation is needed to provide 
the Director with the discretion to authorize solicitations during the 
Combined Federal Campaign, in extraordinary circumstances in cases of 
emergencies or disasters.

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 950

    Administrative practice and procedure, Charitable contributions, 
Government employees, Military personnel, Nonprofit organizations.

U.S. Office of Personnel Management.
Janice R. Lachance,
Director.

PART 950-- SOLICITATION OF FEDERAL CIVILIAN AND UNIFORMED SERVICE 
PERSONNEL FOR CONTRIBUTIONS TO PRIVATE VOLUNTARY ORGANIZATIONS

Subpart A-- General Provisions

    1. The authority citation for part 950 continues to read as 
follows:

    Authority: E.O. 12353 (March 23, 1982), 47 FR 12785 (March 25, 
1982). 3 CFR, 1982 Comp., p. 139. E.O. 12404 (February 10, 1983), 48 
FR 6685 (February 15, 1983), Pub. L. 100-202, and Pub. L. 102-393 (5 
U.SC. 1101 Note).

    2. In Sec. 950.102, paragraph (a) is amended by revising the last 
sentence to read as follows:


Sec. 950.102  Scope of the Combined Federal Campaign.

    (a) * * * No such permissions will be granted for such 
solicitations during the period September 1 through December 15, except 
at the discretion of the Director upon a showing of extraordinary 
circumstances.
* * * * *
[FR Doc. 98-31693 Filed 11-27-98; 8:45 am]
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