[Federal Register Volume 70, Number 75 (Wednesday, April 20, 2005)]
[Rules and Regulations]
[Page 20457]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-7842]



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  Federal Register / Vol. 70, No. 75 / Wednesday, April 20, 2005 / 
Rules and Regulations  

[[Page 20457]]



OFFICE OF PERSONNEL MANAGEMENT

5 CFR Part 310

RIN 3206-AK03


Employment of Relatives

AGENCY: Office of Personnel Management.

ACTION: Final regulation.

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SUMMARY: The Office of Personnel Management (OPM) is issuing final 
regulations on a plain language rewrite of its regulations regarding 
the employment of relatives as part of a broader review of OPM's 
regulations. The purpose of the revision is to make the regulations 
more readable.

DATES: Effective Date: May 20, 2005.

FOR FURTHER INFORMATION CONTACT: Mr. Scott A. Wilander by telephone at 
(202) 606-0830; by TTY at (202) 418-3134; by fax at (202) 606-0390; or 
by e-mail at [email protected].

SUPPLEMENTARY INFORMATION: OPM published for comment on September 22, 
2003, (at 68 FR 55012) proposed regulations revising Part 310 to make 
it more readable. We also proposed to eliminate subpart A because it 
merely restates the provisions of 5 U.S.C. 3110 which outline the legal 
restrictions on the employment of relatives.

Comments on Part 310

    We received comments from two agencies on this proposal. Both 
agencies questioned the use of a question-and-answer format for 
regulations under Title 5, and indicated that they preferred the 
existing demonstrative statements for titles throughout the Code of 
Federal Regulations (CFR). We agree with this view and have adopted the 
agencies' recommendations.
    Both agencies also opposed dropping provisions of the regulations 
that repeat the law. They believed it was beneficial to include these 
provisions, if only to provide a one-stop-shopping service so that 
readers would not have to consult both the law and the regulations. We 
can appreciate this view and, as a result, in general we leave what we 
perceive to be critical parts of relevant law in regulation. We do not 
consider that to be necessary or appropriate in this instance, however, 
because OPM has no particular responsibility for administering this 
law.
    One agency questioned whether the exception that permits the 
employment of relatives under certain circumstances ``not to exceed 1 
month,'' means 30 or 31 days. The agency suggested changing this 
provision in the regulations to read 30 days. We have adopted this 
suggestion.
    This agency also suggested dividing the proposed rule into two 
parts to address two important points: (1) Legal restrictions on the 
employment of relatives; and (2) Exceptions to the legal restrictions 
on the employment of relatives. We believe this is a good suggestion 
and have adopted it.
    Finally, one agency suggested making clear in the first sentence of 
proposed section 310.101 that the restriction on the employment of 
relatives applies to public officials. We have done so.

E.O. 12866, Regulatory Review

    This rule has been reviewed by the Office of Management and Budget 
in accordance with E.O. 12866.

Regulatory Flexibility Act

    I certify that these regulations would not have a significant 
economic impact on a substantial number of small entities because it 
affects only Federal employees.

List of Subjects in 5 CFR Part 310

    Government employees.

U.S. Office of Personnel Management.
Dan G. Blair,
Acting Director.

0
Accordingly, OPM is revising 5 CFR part 310 to read as follows:

PART 310--EMPLOYMENT OF RELATIVES

Sec.
310.101 Legal restrictions on public officials in the employment of 
relatives.
310.102 Exceptions to the legal restrictions on the employment of 
relatives.

    Authority: 5 U.S.C. 3110.


Sec.  310.101  Legal restrictions on public officials in the employment 
of relatives.

    Section 3110 of title 5, United States Code, sets forth the legal 
restrictions on the employment of relatives.


Sec.  310.102  Exceptions to the legal restrictions on the employment 
of relatives.

    Subsection (d) of 5 U.S.C. 3110 authorizes the Office of Personnel 
Management to prescribe regulations authorizing the temporary 
employment of relatives, in certain conditions, notwithstanding the 
restrictions. This regulation sets forth exceptions to the 
restrictions. When necessary to meet urgent needs resulting from an 
emergency posing an immediate threat to life or property, or a national 
emergency as defined in Sec.  230.402(a)(1) of this title, a public 
official may employ relatives to meet those needs without regard to the 
restrictions on the employment of relatives in 5 U.S.C. 3110. Such 
appointments are temporary and may not exceed 30 days, but the agency 
may extend such an appointment for one additional 30-day period if the 
emergency need still exists at the time of the extension.

[FR Doc. 05-7842 Filed 4-19-05; 8:45 am]
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