[Federal Register Volume 67, Number 225 (Thursday, November 21, 2002)]
[Rules and Regulations]
[Page 70119]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-29440]



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  Federal Register / Vol. 67, No. 225 / Thursday, November 21, 2002 / 
Rules and Regulations  

[[Page 70119]]



OFFICE OF PERSONNEL MANAGEMENT

5 CFR Part 213

RIN 3206-AJ53


Excepted Service--Schedule A Authority for Chinese, Japanese, and 
Hindu Interpreters

AGENCY: Office of Personnel Management

ACTION: Final regulations.

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SUMMARY: The Office of Personnel Management (OPM) is revoking the 
Schedule A excepted service appointing authority for Chinese, Japanese 
and Hindu interpreters because the conditions justifying the original 
exception no longer exist. Revocation brings the positions filled under 
this Schedule A authority into the competitive service. it also permits 
the noncompetitive conversion of persons serving under the authority to 
either competitive or excepted service appointments.

DATES: Effective date: November 21, 2002.
    Compliance date: Agencies may move any incumbents from Sec.  
213.3102(f) authority by February 19, 2003.

FOR FURTHER INFORMATION CONTACT: Christina Vay on 202-606-0960.

SUPPLEMENTARY INFORMATION: The Governmentwide Schedule A authority, 5 
CFR 212.3102(f), was established in 1903. Competitive examining to fill 
Federal jobs has changed drastically in the almost 100 years since this 
authority's creation. Agencies can now successfully examine for 
positions with specific language requirements. They already do so for 
interpreters of many languages, including Chinese, Japanese, and Hindu.
    Proposed regulations were published January 23, 2002 (67 FR 3128). 
We received two comments from agencies supporting the revocation. 
Because we did not received comments to support continuing the 
authority, we are continuing with our proposal to revoke it.
    Agencies may no longer appoint persons under this authority as of 
November 21, 2002. Agencies will have 90 days from the date of 
publication to move the employees currently serving under Sec.  
213.3102(f) to the competitive service. The authority to retain persons 
in the competitive service based on revocation of an excepted 
appointing authority is 5 CFR 316.702.
    We recognize the fact that agencies have critical workforce skill 
gaps for positions requiring foreign language skills. The General 
Accounting Office reported this in their January 2002 report on 
correcting foreign language staffing and proficiency shortfalls. 
However, almost all of the agencies identified in the report operate 
different personnel systems that do not follow OPM regulations. 
Consequently, the Schedule A we are revoking does not affect or help 
their efforts to fill the skill gaps.

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.

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.  
213.102 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 (f) of Sec.  213.3102 is removed and reserved.

[FR Doc. 02-29440 Filed 11-20-02; 8:45 am]
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