[Federal Register Volume 71, Number 126 (Friday, June 30, 2006)]
[Rules and Regulations]
[Pages 37489-37490]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-5891]



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 Rules and Regulations
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  Federal Register / Vol. 71, No. 126 / Friday, June 30, 2006 / Rules 
and Regulations  

[[Page 37489]]



OFFICE OF PERSONNEL MANAGEMENT

5 CFR Parts 511 and 532

RIN 3206-AH38


Classification Under the General Schedule and Prevailing Rate 
Systems

AGENCY: Office of Personnel Management.

ACTION: Direct final rule.

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

SUMMARY: The Office of Personnel Management (OPM) is issuing final 
regulations to remove obsolete references to OPM central and regional 
offices from its classification and job grading appeals regulations.

DATES: This rule is effective September 28, 2006 without further 
action, unless adverse comment is received by July 31, 2006. If adverse 
comment is received, OPM will publish a timely withdrawal of the rule 
in the Federal Register.

ADDRESSES: Send or deliver comments to Mark Doboga, Deputy Associate 
Director, Center for Talent and Capacity Policy, Strategic Human 
Resources Policy, U.S. Office of Personnel Management, Room 6551, 1900 
E Street, NW., Washington, DC 20415-9700, e-mail to [email protected]; 
or fax to (202) 606-4891. Comments may also be sent through the Federal 
eRulemaking Portal at http://www.regulations.gov. All submissions 
received through the Portal must include the agency name and docket 
number or Regulation Identifier Number (RIN) for this rulemaking.

FOR FURTHER INFORMATION CONTACT: Georgeanna Emery, by e-mail at 
[email protected], by telephone at 202-606-3600, or by fax at 202-606-
4891.

SUPPLEMENTARY INFORMATION: The Office of Personnel Management (OPM) is 
publishing a direct final rule to make nonsubstantive revisions to 
parts 511 and 532 of title 5, Code of Federal Regulations. These 
revisions are necessary to remove obsolete references to OPM central 
and regional offices.
    The specific sections of 5 CFR parts 511 and 532 to be revised are 
Sec. Sec.  511.605(c), 511.613, 511.701(b)(2), 511.702(b), and 
532.705(f). We are also revising the phrase ``pay position'' in the 
first sentence of paragraph (c) of Sec.  511.702 to read ``pay of the 
position.'' Pursuant to 5 U.S.C. 553(B), solicitation of comments 
through the proposed rule process is not necessary due to the 
nonsubstantive nature of the amendments, i.e., changes in 
organizational titles and offices and a clerical error correction.

E.O. 12866, Regulatory Review

    The Office of Management and Budget (OMB) has reviewed this rule 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 they 
would apply only to Federal agencies and employees.

List of Subjects in 5 CFR Parts 511 and 532

    Administrative practice and procedure, Freedom of Information, 
Government employees, Reporting and recordkeeping requirements, Wages.

Office of Personnel Management.
Linda M. Springer,
Director.

0
Accordingly, the Office of Personnel Management is amending parts 511 
and 532 of title 5, Code of Federal Regulations, as follows:

PART 511--CLASSIFICATION UNDER THE GENERAL SCHEDULE

0
1. The authority citation for part 511 continues to read as follows:

    Authority: 5 U.S.C. 5115, 5338, 5351.

Subpart F--Classification Appeals

0
2. Revise paragraph (c) of Sec.  511.605 to read as follows:


Sec.  511.605  Time limits.

* * * * *
    (c) Reconsideration. An employee or agency may request 
reconsideration of an Office appellate decision. The request must be in 
writing, and filed not later than 45 calendar days after the decision 
is issued. This time limit may be waived under exceptional 
circumstances by either the Director or the Director's designee.

0
3. Revise Sec.  511.613 to read as follows:


Sec.  511.613  Appeals reconsideration by the Office.

    The Office may, at its discretion, reopen and reconsider a 
certificate issued under this subpart.
    (a) Requests which contain new and material information, or 
disagreements over the significance of information, will be remanded to 
the Director's designee for a decision.
    (b) The Office may reopen and reconsider a decision only when 
written argument or evidence is presented which establishes a 
reasonable doubt concerning the technical accuracy of the decision.

Subpart G--Effective Dates of Position Classification Actions or 
Decisions

0
4. Revise paragraph (b)(2) of Sec.  511.701 to read as follows:


Sec.  511.701  Effective dates generally.

* * * * *
    (b) * * *
    (2) The implementation of the certificate may be suspended when it 
is determined before its effective date that a review of the 
classification decision is warranted and suspension is desirable. The 
determination to suspend implementation may be made by the Director or 
the Director's designee. Suspending the implementation of a certificate 
does not automatically change the effective date except when the 
certificate requires that the grade or pay of the position be reduced 
and the employee is not entitled to retained grade or pay.
* * * * *

0
5. Revise paragraphs (b) and (c) of Sec.  511.702 to read as follows:


Sec.  511.702  Agency or Office classification appeal decisions.

* * * * *
    (b) The implementation of the decision may be suspended by the 
Office when it determines before the effective date that a review of 
the decision is warranted. The determination to suspend implementation 
may be made by the Director or the Director's designee. Suspending the 
implementation does not change the effective date of the

[[Page 37490]]

decision except when the original decision requires that the grade or 
pay of the position be reduced and the employee is not entitled to 
grade or pay retention.
    (c) When the original decision requires that the grade or pay of 
the position be reduced and the employee is not entitled to grade or 
pay retention, the reviewing authority, if sustaining the original 
decision, shall issue a new certificate and the effective date of the 
new certificate shall be not earlier than the date of the new decision 
and not later than the beginning of the fourth pay period following the 
date of the new decision, unless a subsequent date is specifically 
stated in the new decision.

PART 532--PREVAILING RATE SYSTEMS

0
6. The authority citation for part 532 continues to read as follows:

    Authority: 5 U.S.C. 5343, 5346; Sec.  532.707 also issued under 
5 U.S.C. 552.


0
7. Revise paragraph (f) of Sec.  532.705 to read as follows:


Sec.  532.705  Appeal to the Office of Personnel Management.

* * * * *
    (f) The Office of Personnel Management may, at its discretion, 
reopen and reconsider any job-grading decision made by the Office when 
requested by an employee or an agency. This authority may be used under 
circumstances such as the following:
    (1) An employee or an agency presents material facts not previously 
considered by the Office;
    (2) There is room for reasonable doubt as to the appropriateness of 
the decision; or
    (3) The potential impact of a decision on similar jobs is 
sufficiently significant to make further review of the decision 
desirable.
* * * * *

[FR Doc. 06-5891 Filed 6-29-06; 8:45 am]
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