Examining System, 44847-44848 [05-15259]
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44847
Rules and Regulations
Federal Register
Vol. 70, No. 149
Thursday, August 4, 2005
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 week.
OFFICE OF PERSONNEL
MANAGEMENT
5 CFR Part 337
RIN 3206–AK85
Examining System
Office of Personnel
Management.
ACTION: Interim rule with request for
comments.
AGENCY:
SUMMARY: The Office of Personnel
Management (OPM) is issuing an
interim regulation to amend its directhire authority regulations to allow nonDepartment of Defense agencies to
recruit and appoint highly qualified
individuals for certain Federal
acquisition positions deemed as a
shortage category under the Services
Acquisition Reform Act.
DATES: These regulations are effective
August 4, 2005. We will consider
comments received on or before October
3, 2005.
ADDRESSES: Send, deliver or fax
comments to Mark Doboga, Deputy
Associate Director for Talent and
Capacity Policy, U.S. Office of
Personnel Management, Room 6551,
1900 E Street, NW., Washington, DC
20415–9700; e-mail at
employ@opm.gov; or fax at (202) 606–
2329.
Comments may also be sent through
the Federal eRulemaking Portal at:
https://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: Ms.
Linda Watson by telephone at (202)
606–0830; by fax at (202) 606–2329; by
TTY at (202) 418–3134; or by e-mail at
linda.watson@opm.gov.
SUPPLEMENTARY INFORMATION: On June
15, 2004, OPM published final
VerDate jul<14>2003
15:17 Aug 03, 2005
Jkt 205001
regulations at 69 FR 33271, to
implement provisions of the Chief
Human Capital Officers Act of 2002
(Act), Public Law 107–296. This Act
provides Federal agencies with a
number of human resources flexibilities
to enhance their recruitment and hiring
programs. These flexibilities include
direct-hire authority and alternative
(that is, category) rating and selection
procedures. Under direct-hire authority,
agencies may recruit and appoint
candidates to positions when OPM
determines there is a severe shortage of
candidates or critical hiring need.
Section 1413 of Public Law 108–136
allows department and agency heads
(other than the Secretary of Defense) to
determine under regulations prescribed
by OPM, when certain Federal
acquisition positions are shortage
category positions for purposes of
direct-hire authority. The Federal
acquisition positions covered by section
1413 are listed in title 41, United States
Code (U.S.C.) 433(g)(1)(A).
OPM is amending its regulation to
allow non-Department of Defense (DoD)
agencies to determine whether a
shortage of highly qualified individuals
exists for Federal acquisition positions
covered under title 41, U.S.C.
433(g)(1)(A). When determining the
existence of a shortage of highly
qualified individuals, agencies are
required to use the supporting evidence
prescribed in section 337.204(b) of title
5, Code of Federal Regulations (CFR).
The supporting evidence must be kept
in a file for documentation and
reporting purposes.
Agencies must comply with public
notice requirements as prescribed in 5
U.S.C. 3327 and 3330, and 5 CFR part
330, subpart G, with respect to these
positions.
The direct-hire authority for Federal
acquisition positions under the
provisions of section 1413 of Public Law
108–136 will terminate on September
30, 2007. Agencies may not appoint any
individual to a position of employment
using this authority after September 30,
2007.
In accordance with section 1413(c),
OPM is required to submit to Congress
a report on the implementation and
effectiveness of the direct-hire authority
in attracting employees with unusually
high qualifications to the acquisition
workforce and to make any appropriate
recommendations regarding whether to
PO 00000
Frm 00001
Fmt 4700
Sfmt 4700
extend the authority. Non-DoD agencies
are required to submit a report to OPM
on their implementation and use of
section 1413 of Public Law 108–136 by
December 31, 2006.
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 will not
have a significant economic impact on
a substantial number of small entities
(including small businesses, small
organizational units, and small
governmental jurisdictions) because
they will only apply to Federal agencies
and employees.
List of Subjects in 5 CFR Part 337
Government employees.
U.S. Office of Personnel Management.
Linda M. Springer,
Director.
Accordingly, OPM is amending 5 CFR
part 337 as follows:
I
PART 337—EXAMINING SYSTEM
1. Revise the authority citation for part
337 to read as follows:
I
Authority: 5 U.S.C. 1104(a)(2), 1302, 2302,
3301, 3302, 3304, 3319, 5364; E.O. 10577, 3
CFR 1954–1958 Comp., p. 218; 33 FR 12423,
Sept. 4, 1968; 45 FR 18365, Mar. 21, 1980;
116 Stat. 2135, 2290; and 117 Stat. 1392,
1665.
Subpart B—Direct-Hire Authority
2. Add new paragraph (c) to § 337.204
to read as follows:
I
§ 337.204
Severe shortage of candidates.
*
*
*
*
*
(c) A department or agency head
(other than the Secretary of Defense)
may determine, pursuant to section
1413 of Public Law 108–136, that a
shortage of highly qualified candidates
exists for certain Federal acquisition
positions (covered under section
433(g)(1)(A) of title 41, United States
Code). To make such a determination,
the deciding agency official must use
the supporting evidence prescribed in 5
CFR 337.204(b)(1)–(8) and must
maintain a file of the supporting
evidence for documentation and
reporting purposes.
E:\FR\FM\04AUR1.SGM
04AUR1
44848
Federal Register / Vol. 70, No. 149 / Thursday, August 4, 2005 / Rules and Regulations
3. Add new paragraphs (d) and (e) to
§ 337.206 to read as follows:
I
§ 337.206 Terminations, modifications,
extensions, and reporting.
*
*
*
*
*
(d) No new appointments may be
made under the provisions of section
1413 of Public Law 108–136 after
September 30, 2007; and
(e) Those departments and agencies,
excluding the Department of Defense,
that use the direct-hire authority
provided in § 337.204(c) must submit to
OPM a report on their implementation
of section 1413 of Public Law 108–136
no later than December 31, 2006. The
report must include:
(1) A description of how the agency’s
implementation satisfied each of the
elements laid out in §§ 337.203 and
337.204(b)(1)–(8), as applicable;
(2) An assessment of the effectiveness
of the authority in attracting employees
with unusually high qualifications to
the acquisition workforce; and
(3) Any recommendations on whether
the authority should be extended.
[FR Doc. 05–15259 Filed 8–3–05; 8:45 am]
BILLING CODE 6325–39–P
DEPARTMENT OF TRANSPORTATION
Office of the Secretary
14 CFR Part 257
[OST Docket No. 2004–19083]
RIN 2105–AD49
Disclosure of Code-Sharing and LongTerm Wet Lease Arrangements
Department of Transportation;
Office of the Secretary.
ACTION: Final rule.
AGENCY:
SUMMARY: This action amends the rule
governing the disclosure of code-share
and long-term wet lease arrangements in
print advertisements of scheduled
passenger services to permit carriers to
disclose generically that some of the
advertised service may involve travel on
another carrier, so long as they also
identify a list of all potential carriers
involved in serving the markets
advertised. The action is taken in
response to a petition for rulemaking
filed by United Airlines, Inc.
DATES: This final rule becomes effective
September 6, 2005.
FOR FURTHER INFORMATION CONTACT:
Trace Atkinson, Air Carrier Fitness
Division, Office of Aviation Analysis
(X–56), U.S. Department of
Transportation, 400 Seventh Street,
SW., Room 6401, Washington, DC
VerDate jul<14>2003
15:17 Aug 03, 2005
Jkt 205001
20590, 202–366–3176 or Daeleen
Chesley, Office of the Assistant General
Counsel for Aviation Enforcement and
Proceedings (C–70), U.S. Department of
Transportation, 400 Seventh Street,
SW., Room 10118, Washington, DC
20590, 202–366–1617.
SUPPLEMENTARY INFORMATION:
Background
Notice of Proposed Rulemaking
These amendments follow a Notice of
Proposed Rulemaking (NPRM)
published in the Federal Register on
January 30, 2005 (70 FR 2372). In that
NPRM, the Department of
Transportation (Department) proposed
to amend Part 257 of its rules, 14 CFR
Part 257. Section 257.5(d) requires
carriers in any print advertisement for
service in a city-pair market that is
provided under a code-sharing
arrangement or long-term wet lease to
clearly indicate the nature of the service
in reasonably sized type and identify
the transporting carrier[s] by corporate
name and by any other name under
which the service is held out to the
public. The NPRM proposed to amend
the rule to permit carriers to disclose
generically that some of the advertised
service may involve travel on another
carrier, so long as they also identify a
list of all potential carriers involved in
serving the markets advertised.
The NPRM was prompted by a
petition for rulemaking filed by United
Airlines, Inc., (United) with the
Department on September 7, 2004. In
that filing, United asserted that the
current print advertisement disclosure
regime required by section 257.5(d) has
become increasingly burdensome on
network carriers while failing to provide
meaningful off-setting consumer
benefits and asked that we amend that
provision. United pointed out that a
network carrier typically publishes print
advertisements offering service for
travel in multiple domestic and
international city-pairs over a large
number of alternative routings, some of
which are provided by carriers other
than the advertising carrier pursuant to
a code-share or a wet lease arrangement.
Currently, in order to comply with
section 257.5(d), such a carrier must
provide consumers with a detailed set of
disclosures that will vary depending on
the number of alternative routings that
may be available for travel in a specific
city-pair. Compliance with the current
rule results in print advertisements that
include numerous footnotes relating
exclusively to the disclosure of codeshare and wet lease arrangements.
According to United, not only do such
disclosures impose a significant
PO 00000
Frm 00002
Fmt 4700
Sfmt 4700
administrative burden on carriers, but
the excessive footnoting required by the
rule may also serve to increase
consumer confusion and, at best,
provides only limited information to
consumers about the carrier that will be
operating a particular flight.
To ease the burden on carriers, United
requested that section 257.5(d) be
reinterpreted to permit carriers to
provide a generic disclosure in print
advertisements indicating that some of
the service offered may involve travel
on one or more of its listed partner
carriers. United contended that if its
proposal were adopted, the information
consumers obtain, in practical terms,
would not change and the burden on
carriers would be eliminated. United
emphasized that print advertisements
serve only as the first opportunity to
inform consumers about an airline’s
service offerings and consumers will,
through telephone inquiries to
reservation offices or by reviewing
Internet flight listings, continue to
receive sufficiently detailed disclosure
concerning any code-sharing
arrangement relevant to their travel
plans before making any travel purchase
decisions.
In commenting on United’s petition,
American Airlines and Orbitz urged that
any change to the Department’s rule
governing the disclosure of code-share
and long-term wet lease arrangements in
print advertisements be applied to
Internet advertisements as well.
In issuing our NPRM, we granted
United’s petition and proposed to
amend our rule governing code-share
and long-term wet lease disclosure in
print advertisements to permit the
inclusion of a generic statement
representing that some of the advertised
service may involve travel on another
carrier, so long as such advertisements
also included a list of all potential codeshare or wet lease carriers involved in
serving the markets advertised.
However, we pointed out that we
tentatively were not persuaded that the
same relief would be warranted with
respect to Internet advertisements.
Rather, the Department posited that
entities soliciting air transportation via
the Internet can easily and clearly
disclose information to consumers
regarding each specific partner carrier
that serves each particular city-pair
route or market being advertised by
using hyperlinks or other techniques.
Accordingly, the Department did not
propose to include Internet solicitations
in the changes to our code-share and
wet lease disclosure rule being proposed
in the NPRM. However, we did solicit
comments on any differences or
similarities between Internet and print
E:\FR\FM\04AUR1.SGM
04AUR1
]]>Agencies
[Federal Register Volume 70, Number 149 (Thursday, August 4, 2005)]
[Rules and Regulations]
[Pages 44847-44848]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-15259]
========================================================================
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
week.
========================================================================
Federal Register / Vol. 70, No. 149 / Thursday, August 4, 2005 /
Rules and Regulations
[[Page 44847]]
OFFICE OF PERSONNEL MANAGEMENT
5 CFR Part 337
RIN 3206-AK85
Examining System
AGENCY: Office of Personnel Management.
ACTION: Interim rule with request for comments.
-----------------------------------------------------------------------
SUMMARY: The Office of Personnel Management (OPM) is issuing an interim
regulation to amend its direct-hire authority regulations to allow non-
Department of Defense agencies to recruit and appoint highly qualified
individuals for certain Federal acquisition positions deemed as a
shortage category under the Services Acquisition Reform Act.
DATES: These regulations are effective August 4, 2005. We will consider
comments received on or before October 3, 2005.
ADDRESSES: Send, deliver or fax comments to Mark Doboga, Deputy
Associate Director for Talent and Capacity Policy, U.S. Office of
Personnel Management, Room 6551, 1900 E Street, NW., Washington, DC
20415-9700; e-mail at employ@opm.gov; or fax at (202) 606-2329.
Comments may also be sent through the Federal eRulemaking Portal
at: https://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: Ms. Linda Watson by telephone at (202)
606-0830; by fax at (202) 606-2329; by TTY at (202) 418-3134; or by e-
mail at linda.watson@opm.gov.
SUPPLEMENTARY INFORMATION: On June 15, 2004, OPM published final
regulations at 69 FR 33271, to implement provisions of the Chief Human
Capital Officers Act of 2002 (Act), Public Law 107-296. This Act
provides Federal agencies with a number of human resources
flexibilities to enhance their recruitment and hiring programs. These
flexibilities include direct-hire authority and alternative (that is,
category) rating and selection procedures. Under direct-hire authority,
agencies may recruit and appoint candidates to positions when OPM
determines there is a severe shortage of candidates or critical hiring
need.
Section 1413 of Public Law 108-136 allows department and agency
heads (other than the Secretary of Defense) to determine under
regulations prescribed by OPM, when certain Federal acquisition
positions are shortage category positions for purposes of direct-hire
authority. The Federal acquisition positions covered by section 1413
are listed in title 41, United States Code (U.S.C.) 433(g)(1)(A).
OPM is amending its regulation to allow non-Department of Defense
(DoD) agencies to determine whether a shortage of highly qualified
individuals exists for Federal acquisition positions covered under
title 41, U.S.C. 433(g)(1)(A). When determining the existence of a
shortage of highly qualified individuals, agencies are required to use
the supporting evidence prescribed in section 337.204(b) of title 5,
Code of Federal Regulations (CFR). The supporting evidence must be kept
in a file for documentation and reporting purposes.
Agencies must comply with public notice requirements as prescribed
in 5 U.S.C. 3327 and 3330, and 5 CFR part 330, subpart G, with respect
to these positions.
The direct-hire authority for Federal acquisition positions under
the provisions of section 1413 of Public Law 108-136 will terminate on
September 30, 2007. Agencies may not appoint any individual to a
position of employment using this authority after September 30, 2007.
In accordance with section 1413(c), OPM is required to submit to
Congress a report on the implementation and effectiveness of the
direct-hire authority in attracting employees with unusually high
qualifications to the acquisition workforce and to make any appropriate
recommendations regarding whether to extend the authority. Non-DoD
agencies are required to submit a report to OPM on their implementation
and use of section 1413 of Public Law 108-136 by December 31, 2006.
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 will not have a significant
economic impact on a substantial number of small entities (including
small businesses, small organizational units, and small governmental
jurisdictions) because they will only apply to Federal agencies and
employees.
List of Subjects in 5 CFR Part 337
Government employees.
U.S. Office of Personnel Management.
Linda M. Springer,
Director.
0
Accordingly, OPM is amending 5 CFR part 337 as follows:
PART 337--EXAMINING SYSTEM
0
1. Revise the authority citation for part 337 to read as follows:
Authority: 5 U.S.C. 1104(a)(2), 1302, 2302, 3301, 3302, 3304,
3319, 5364; E.O. 10577, 3 CFR 1954-1958 Comp., p. 218; 33 FR 12423,
Sept. 4, 1968; 45 FR 18365, Mar. 21, 1980; 116 Stat. 2135, 2290; and
117 Stat. 1392, 1665.
Subpart B--Direct-Hire Authority
0
2. Add new paragraph (c) to Sec. 337.204 to read as follows:
Sec. 337.204 Severe shortage of candidates.
* * * * *
(c) A department or agency head (other than the Secretary of
Defense) may determine, pursuant to section 1413 of Public Law 108-136,
that a shortage of highly qualified candidates exists for certain
Federal acquisition positions (covered under section 433(g)(1)(A) of
title 41, United States Code). To make such a determination, the
deciding agency official must use the supporting evidence prescribed in
5 CFR 337.204(b)(1)-(8) and must maintain a file of the supporting
evidence for documentation and reporting purposes.
[[Page 44848]]
0
3. Add new paragraphs (d) and (e) to Sec. 337.206 to read as follows:
Sec. 337.206 Terminations, modifications, extensions, and reporting.
* * * * *
(d) No new appointments may be made under the provisions of section
1413 of Public Law 108-136 after September 30, 2007; and
(e) Those departments and agencies, excluding the Department of
Defense, that use the direct-hire authority provided in Sec.
337.204(c) must submit to OPM a report on their implementation of
section 1413 of Public Law 108-136 no later than December 31, 2006. The
report must include:
(1) A description of how the agency's implementation satisfied each
of the elements laid out in Sec. Sec. 337.203 and 337.204(b)(1)-(8),
as applicable;
(2) An assessment of the effectiveness of the authority in
attracting employees with unusually high qualifications to the
acquisition workforce; and
(3) Any recommendations on whether the authority should be
extended.
[FR Doc. 05-15259 Filed 8-3-05; 8:45 am]
BILLING CODE 6325-39-P
