Excepted Service-Temporary Organizations, 8921 [06-1607]

Download as PDF 8921 Rules and Regulations Federal Register Vol. 71, No. 35 Wednesday, February 22, 2006 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 213 RIN 3206–AJ70 Excepted Service—Temporary Organizations Regulatory Flexibility Act Office of Personnel Management. ACTION: Final rule. AGENCY: 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 sharon.ginley@opm.gov. 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) cprice-sewell on PROD1PC66 with RULES SUPPLEMENTARY INFORMATION: VerDate Aug<31>2005 13:17 Feb 21, 2006 Jkt 208001 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. 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. 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. I [FR Doc. 06–1607 Filed 2–21–06; 8:45 am] BILLING CODE 6325–39–M OFFICE OF PERSONNEL MANAGEMENT 5 CFR Part 532 RIN 3206–AK64 Prevailing Rate Systems; Environmental Differential Pay for Asbestos Exposure Office of Personnel Management. ACTION: Final rule. AGENCY: PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 SUMMARY: The Office of Personnel Management is issuing a final rule to implement a statutory change that requires the use of the Occupational Safety and Health Administration permissible exposure limit standard for concentrations of airborne asbestos fibers for an environmental differential pay category that covers Federal prevailing rate (wage) employees. DATES: The final rule is effective on February 22, 2006. FOR FURTHER INFORMATION CONTACT: Madeline Gonzalez, (202) 606–2838; email pay-performance-policy@opm.gov; or FAX: (202) 606–4264. SUPPLEMENTARY INFORMATION: On April 27, 2005, the Office of Personnel Management (OPM) published an interim rule (70 FR 21613) to incorporate the Occupational Safety and Health Administration (OSHA) permissible exposure limit (PEL) standard for concentrations of airborne asbestos in the Federal Wage System (FWS) environmental differential pay (EDP) category for asbestos, as required by section 1122 of the National Defense Authorization Act for 2004 (Pub. L. 108–136, November 24, 2003). The interim rule revised the asbestos category in appendix A to subpart E of 5 CFR part 532 to implement section 1122 for prevailing rate employees and required Federal agencies to apply occupational safety and health standards consistent with the OSHA PEL standard for asbestos. The 60-day comment period ended on June 27, 2005. OPM received comments from an agency, a labor organization, and an institute dedicated to occupational and environmental health research. The labor organization and the institute objected to the use of the OSHA PEL standard to determine an employee’s pay entitlement under the FWS EDP asbestos category. The labor organization stated that it is a welldocumented, scientific fact that no exposure to airborne asbestos fibers is safe. The institute asserted that there is a preponderance of data indicating that there is no threshold below which there is no risk of exposure to asbestos, and only the constraints of what OSHA considers feasible in terms of monitoring and abatement prevents OSHA from setting a lower PEL for asbestos exposure. The institute expressed the belief that exposure to asbestos at any level is hazardous. E:\FR\FM\22FER1.SGM 22FER1

Agencies

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



========================================================================
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. 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.

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

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 
sharon.ginley@opm.gov.

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]
BILLING CODE 6325-39-M
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