[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]
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Rules and Regulations
Federal Register
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Federal Register / Vol. 81, No. 204 / Friday, October 21, 2016 /
Rules and Regulations
[[Page 72685]]
OFFICE OF PERSONNEL MANAGEMENT
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.
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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].
SUPPLEMENTARY INFORMATION:
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
graduates.
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.
Federalism
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]]
PART 870--FEDERAL EMPLOYEES' GROUP LIFE INSURANCE PROGRAM
0
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
0
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
program.
* * * * *
[FR Doc. 2016-25507 Filed 10-20-16; 8:45 am]
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