[Federal Register Volume 71, Number 35 (Wednesday, February 22, 2006)]
[Rules and Regulations]
[Page 8921]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-1607]



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  Federal Register / Vol. 71, No. 35 / Wednesday, February 22, 2006 / 
Rules and Regulations  

[[Page 8921]]



OFFICE OF PERSONNEL MANAGEMENT

5 CFR Part 213

RIN 3206-AJ70


Excepted Service--Temporary Organizations

AGENCY: Office of Personnel Management.

ACTION: Final rule.

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SUMMARY: The Office of Personnel Management (OPM) is issuing a final 
regulation amending the Governmentwide excepted service Schedule A 
authority for temporary organizations. This regulation revises the 
definition of the term ``temporary organization'' to comply with 
legislation. It also establishes criteria with which temporary 
organizations must comply if they wish to extend an employee's 
appointment.

DATES: Effective March 24, 2006.

FOR FURTHER INFORMATION CONTACT: Sharon K. Ginley at (202) 606-0960, 
FAX at (202) 606-2329, TDD at (202) 418-3134, or e-mail at 
[email protected].

SUPPLEMENTARY INFORMATION: The Office of Personnel Management issued an 
interim regulation (68 FR 24605, May 8, 2003) to implement changes to 
the current Governmentwide excepted service Schedule A authority for 
temporary organizations. The interim regulation reflected the addition 
of a new subchapter IV to chapter 31 of title 5, United States Code. 
The new subchapter defined the term ``temporary organization''; 
permitted the head of a temporary organization to make excepted service 
appointments of up to 3 years to fill positions in these organizations; 
permitted appointment extensions for no more than 2 years; and gave 
return rights to those who transfer or convert (with agency head 
approval) to these appointments from career or career-conditional 
appointments if certain conditions are met.
    We received comments from two agencies supporting the change. One 
agency suggested adding information to 5 CFR part 352, to include 
reemployment rights for those in temporary organizations. Although we 
appreciate the value of making our regulations as comprehensive as 
possible, we note that the statutory provision regarding return rights 
at 5 U.S.C. 3161(g) is specific and clear, and we encourage individuals 
with questions about this topic to consult this provision for guidance. 
We are adopting the interim regulation as final with no change.

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.
Linda M. Springer,
Director.

0
Accordingly, OPM is adopting the interim regulations (68 FR 24605) 
amending 5 CFR part 213, published on May 8, 2003 as final with no 
change.

[FR Doc. 06-1607 Filed 2-21-06; 8:45 am]
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