[Federal Register Volume 81, Number 204 (Friday, October 21, 2016)]
[Rules and Regulations]
[Pages 72685-72686]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-25507]

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 


Federal Register / Vol. 81, No. 204 / Friday, October 21, 2016 / 
Rules and Regulations

[[Page 72685]]


5 CFR Parts 870

RIN 3206-AM98

Federal Employees' Group Life Insurance Program: Excepted Service 
and Pathways Programs

AGENCY: U.S. Office of Personnel Management.

ACTION: Final rule.


SUMMARY: This action amends the rule to reflect that excepted service 
employees hired under the internship program known as the Pathways 
Programs may elect to enroll in Federal Employee's Group Life Insurance 
(FEGLI), if applicable Federal requirements are met. This action is 
necessary due to the omission of technical changes to OPMs final rule, 
Excepted Service, Career and Career-Conditional Employment, and 
Pathways Programs, issued on May 11, 2012, which concerns the excepted 
service internship programs. The effect of this action is to remove a 
barrier to recruiting students and recent graduates to help the Federal 
Government better compete with all employers when it comes to hiring 
qualified applicants for entry-level positions.

DATES: This rule is effective on October 21, 2016.

FOR FURTHER INFORMATION CONTACT: Ronald Brown, Policy Analyst, (202) 
606-0004, or by email to [email protected].


I. Background

    On December 27, 2010, Executive Order (E.O.) 13562 was signed and 
established the Internship Program and the Recent Graduates Program, 
which, along with the Presidential Management Fellows Program, as 
modified therein, became the Pathways Programs. As directed by the 
President, the Pathways Programs provides clear paths to Federal 
internships and potential careers in Government for students and recent 
graduates. The E.O. also created the Schedule D authority that supports 
the Pathways Programs by authorizing exceptions to the competitive 
hiring rules. Under the Schedule D authority, agencies are able, under 
OPM's guidance, to use excepted service hiring to fill positions from 
among a particular class of eligible individuals--students and recent 

II. Discussion of Final Rule

    This final rule updates the FEGLI regulation to change the name of 
the internship programs under FEGLI rules and provides that employees 
hired under the Pathways Programs authority may elect to enroll for 
coverage in FEGLI, if applicable Federal requirements are met. This 
change was omitted in the OPM final rule (77 FR 28194) issued in 2012 
concerning the excepted service internship programs. However, this 
final rule does not establish new enrollment eligibility for any 
Pathways Programs interns.
    Agencies should continue to refer to the supplementary information 
published in the aforementioned final rule and the guidance that is on 
the OPM Web site at: http://www.opm.gov/policy-data-oversight/hiring-authorities/students-recent-graduates/.

Analysis of and Responses to Public Comments

    We received one comment on the interim final rule relating to 
agency guidance materials. The sole commenter asked if OPM will issue 
new guidance to Federal agencies concerning the changed scheduling 
authority for Pathways Programs participants. In response to the 
comment, OPM will not issue guidance to Federal agencies based on the 
changed scheduling authority. The OPM amends this rule to reflect 
technical changes concerning Pathways Program interns to conform with 
the final Pathways rule published on May 11, 2012 (77 FR 28194). The 
technical changes are necessary to reflect that the schedule 
appointment authority for Pathways Programs interns changed to Schedule 
D. Lastly, the intern programs were renamed and we needed to change the 
name in the regulation. See Sec.  870.302(b)(2).
Regulatory Flexibility Act
    The Regulatory Flexibility Act of 1980 (Pub. L. 96-354) (RFA) 
establishes ``as a principle of regulatory issuance that agencies shall 
endeavor, consistent with the objectives of the rule and of applicable 
statutes, to fit regulatory and informational requirements to the scale 
of the businesses, organizations, and governmental jurisdictions 
subject to regulation. To achieve this principle, agencies are required 
to solicit and consider flexible regulatory proposals and to explain 
the rationale for their actions to assure that such proposals are given 
serious consideration.'' The RFA covers a widerange of small entities, 
including small businesses, not-for-profit organizations, and small 
governmental jurisdictions.
    Agencies must perform a review to determine whether a rule will 
have a significant economic impact on a substantial number of small 
entities. If the agency determines that it will, the agency must 
prepare a regulatory flexibility analysis as described in the RFA. I 
certify that this regulation will not have a significant economic 
impact on a substantial number of small entities because the regulation 
only affects life insurance benefits of Federal employees and retirees.
Executive Order 12866, Regulatory Review
    This rule has been reviewed by the Office of Management and Budget 
in accordance with Executive Order 12866.
    We have examined this rule in accordance with Executive Order 
13132, Federalism, and have determined that this rule will not have any 
negative impact on the rights, roles and responsibilities of State, 
local, or tribal governments.

List of Subjects in 5 CFR Parts 870

    Administrative practice and procedure, Government employees, Life 
insurance, Retirement.

    U.S. Office of Personnel Management.
Beth F. Cobert,
Acting Director.
    Accordingly, OPM is amending 5 CFR part 870 as follows:

[[Page 72686]]


1. The authority citation for part 870 is revised to read as follows:

    Authority: 5 U.S.C. 8716; Subpart J also issued under section 
599C of Pub. L. 101-513, 104 Stat. 2064, as amended; Sec. 
870.302(a)(3)(ii) also issued under section 153 of Pub. L. 104-134, 
110 Stat. 1321; Sec. 870.302(a)(3) also issued under sections 
11202(f), 11232(e), and 11246(b) and (c) of Pub. L. 105-33, 111 
Stat. 251, and section 7(e) of Pub. L. 105-274, 112 Stat. 2419; Sec. 
870.302(a)(3) also issued under section 145 of Pub. L. 106-522, 114 
Stat. 2472; Secs. 870.302(b)(8), 870.601(a), and 870.602(b) also 
issued under Pub. L. 110-279, 122 Stat. 2604. Subpart E also issued 
under 5 U.S.C. 8702(c); Sec. 870.601(d)(3) also issued under 5 
U.S.C. 8706(d); Sec. 870.703(e)(1) also issued under section 502 of 
Pub. L. 110-177, 121 Stat. 2542; Sec. 870.705 also issued under 5 
U.S.C. 8714b(c) and 8714c(c); Public Law 104-106, 110 Stat. 521.

Subpart C--Eligibility

2. Revise Sec.  870.302(b)(2) to read as follows:

Sec.  870.302  Exclusions.

* * * * *
    (b) * * *
    (2) An employee who is employed for an uncertain or purely 
temporary period, who is employed for brief periods at intervals, or 
who is expected to work less than 6 months in each year. Exception: An 
employee who receives an appointment of at least 1 year's duration as 
an Intern under Sec.  213.3402 of this chapter, entitled ``Entire 
executive civil service; Pathways Programs,'' and who is expected to be 
in a pay status for at least one-third of the total period of time from 
the date of the first appointment to the completion of the work-study 
* * * * *
[FR Doc. 2016-25507 Filed 10-20-16; 8:45 am]