[Federal Register Volume 67, Number 171 (Wednesday, September 4, 2002)]
[Rules and Regulations]
[Page 56475]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-22346]



 ========================================================================
 Rules and Regulations
                                                 Federal Register
 ________________________________________________________________________
 
 This section of the FEDERAL REGISTER contains regulatory documents 
 having general applicability and legal effect, most of which are keyed 
 to and codified in the Code of Federal Regulations, which is published 
 under 50 titles pursuant to 44 U.S.C. 1510.
 
 The Code of Federal Regulations is sold by the Superintendent of Documents. 
 Prices of new books are listed in the first FEDERAL REGISTER issue of each 
 week.
 
 ========================================================================
 

  Federal Register / Vol. 67, No. 171 / Wednesday, September 4, 2002 / 
Rules and Regulations  

[[Page 56475]]



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: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Office of Personnel Management (OPM) is revoking the 
Schedule A excepted service authority for nontemporary part-time or 
intermittent positions for which total annual compensation does not 
exceed 40 percent of GS-3, step 1. We are revoking it because the 
conditions justifying the original exception no longer exist. By 
revoking this authority, the positions filled under this Schedule A 
authority are brought into the competitive service. Revoking the 
authority also permits noncompetitive conversion of those currently 
serving in those positions to competitive service appointments.

DATES: This final rule is effective September 4, 2002. Agencies must no 
longer appoint persons under this authority as of September 4, 2002.
    Conformity date: Agencies must move any incumbents from the (g) 
authority by December 3, 2002.

FOR FURTHER INFORMATION CONTACT: Christina Vay, (202) 606-0960.

SUPPLEMENTARY INFORMATION: Almost 100 years ago, the Schedule A 
authority 213.3102(g) was established to help agencies meet a need to 
fill low-graded part-time, intermittent, and seasonal positions. 
Agencies in the Federal Government fill jobs much differently than 100 
years ago--and even 10 years ago. Agencies can now fill part-time and 
intermittent positions with a variety of staffing options, and they do 
so without exceptions from the competitive service.
    Proposed regulations were published on September 10, 2001 (66 FR 
46968). We received one comment from an agency supporting the 
revocation. Because we did not receive comments to support continuing 
the authority, we are continuing with our proposal to revoke it.
    Agencies will have 90 days from the date of publication to move the 
employees to the competitive service. The authority to retain persons 
in the competitive service based on revocation of an excepted service 
appointing authority is 5 CFR 316.702.

Regulatory Flexibility Act

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

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.

    Office of Personnel Management.
Kay Coles James,
Director.

    Accordingly, OPM is amending 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 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. 02-22346 Filed 9-3-02; 8:45 am]
BILLING CODE 6325-38-P