[Federal Register Volume 66, Number 175 (Monday, September 10, 2001)]
[Proposed Rules]
[Page 46968]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-22563]


 ========================================================================
 Proposed Rules
                                                 Federal Register
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 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.
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  Federal Register / Vol. 66, No. 175 / Monday, September 10, 2001 / 
Proposed Rules  

[[Page 46968]]



OFFICE OF PERSONNEL MANAGEMENT

5 CFR Part 213

RIN 3206-AJ06


Excepted Service--Schedule A Authority for Nontemporary Part-Time 
or Intermittent Positions

AGENCY: Office of Personnel Management.

ACTION: Proposed regulations.

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SUMMARY: The Office of Personnel Management (OPM) proposes to revoke 
the Schedule A excepted service appointing authority for nontemporary 
part-time or intermittent positions for which total annual compensation 
does not exceed 40 percent of GS-3, step 1, because the conditions 
justifying the original exception no longer exist. Revocation would 
bring the positions filled under this Schedule A authority into the 
competitive service and permit noncompetitive conversion of position 
incumbents to competitive appointments.

DATES: Comments must be received on or before November 9, 2001.

ADDRESSES: Send or deliver written comments to Richard A. Whitford, 
Acting Associate Director for Employment, Office of Personnel 
Management, 1900 E Street, NW., Room 6566, Washington, DC 20415.

FOR FURTHER INFORMATION CONTACT: Janice Domke Reid or Christina Vay on 
202-606-0960 or FAX 202-606-0390.

SUPPLEMENTARY INFORMATION:

Background

    The Schedule A authority, 5 CFR 213.3102(g), was established in 
1903 for use by all agencies to meet their continuing part-time, 
intermittent or seasonal needs for lower graded positions. These 
positions were excepted from the competitive service because there were 
too few candidates for standing registers, not due to the nature of 
their duties or qualifications.
    The authority originally contained a dollar limitation on total 
compensation to assure that the positions filled were menial, not full-
time, and were of the type for which the authority was intended. In 
1958, this was changed to 40 percent of GS-3, step 1, to avoid having 
to amend the authority with each Federal pay raise. The authority was 
amended in 1977 to clarify that it could not be used for temporary 
project employment to meet a one-time need. It has not been amended 
since.
    In the past, complexities in the examining system necessitated 
excepted authorities on the basis that examining was impracticable. 
This was especially true for this Schedule A authority where employment 
was expected to be sporadic, totaling less than 6 months a year, and 
competitive examination with the establishment of standing registers 
would not have been able to produce enough candidates to fill the 
positions.
    The authority has been used relatively little on a Government-wide 
basis.

Current Staffing Flexibilities

    Competitive examining has changed drastically since the day when 
this Schedule A authority was established. Today agencies have more 
choices and flexibility for filling continuing positions that are not 
full-time. They routinely appoint employees with part-time or 
intermittent work schedules under career appointments in the 
competitive service.
    Seasonal employees are also appointed under career appointments in 
the competitive service when they perform recurring work that is 
expected to last at least 6 months during a calendar year. Work lasting 
less than 6 months a year is usually performed by temporary employees, 
and agencies can appoint them under 5 CFR 316.401. When employment 
totals less than 1,040 hours a service year, there is no limit on the 
number of times temporary employees may be reappointed.

Conversion of Employees

    The revocation brings the positions into the competitive service as 
provided in 5 CFR 316.701 and 316.702. Before the effective date of 
these regulations, positions for which examining is still impracticable 
may be placed under other appropriate excepted appointing authorities 
and the employees converted to excepted appointments under those 
authorities.

Regulatory Flexibility Act

    I certify that these regulations will not have a significant 
economic impact on a substantial number of small entities because the 
regulations pertain only to Federal employees and 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.

Kay Coles James,
Director.

     Accordingly, OPM proposes to amend 5 CFR part 213 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) 
and 8456; E.O. 12364, 47 FR 22931, 3 CFR 1982 Comp., p. 185; 38 
U.S.C. 4301 et seq.; and Pub. L. 106-117 (113 Stat. 1545).


Sec. 213.3102  [Amended]

    2. Paragraph (g) of Sec. 213.3102 is removed and reserved.

[FR Doc. 01-22563 Filed 9-7-01; 8:45 am]
BILLING CODE 6325-38-P