Allotments From Federal Employees, 7188-7189 [E8-2131]
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Federal Register / Vol. 73, No. 26 / Thursday, February 7, 2008 / Rules and Regulations
taken in accordance with subpart D of
part 752 of this chapter if the individual
has completed one year of current
continuous service under other than a
temporary appointment limited to 1
year or less and is not otherwise
excluded by the provisions of that
subpart.
3. Revise § 315.804(a) to read as
follows:
I
§ 315.804 Termination of probationers for
unsatisfactory performance or conduct.
(a) Subject to § 315.803(b), when an
agency decides to terminate an
employee serving a probationary or trial
period because his work performance or
conduct during this period fails to
demonstrate his fitness or his
qualifications for continued
employment, it shall terminate his
services by notifying him in writing as
to why he is being separated and the
effective date of the action. The
information in the notice as to why the
employee is being terminated shall, as a
minimum, consist of the agency’s
conclusions as to the inadequacies of
his performance or conduct.
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4. Revise § 315.805 introductory text
to read as follows:
I
(11) A nonpreference eligible
employee serving a probationary or trial
period under an initial appointment in
the excepted service pending
conversion to the competitive service,
unless they meet the requirements of
paragraph (c)(5) of this section;
(12) An employee whose agency or
position has been excluded from the
appointing provisions of title 5, United
States Code, by separate statutory
authority in the absence of any
provision to place the employee within
the coverage of chapter 75 of title 5,
United States Code; and
(13) An employee in the competitive
service serving a probationary or trial
period, unless they meet the
requirements of paragraph (c)(2) of this
section.
3. Revise § 752.402 (b) to read as
follows:
I
§ 752.402
Definitions.
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(b) Current continuous employment
means a period of employment or
service immediately preceding an
adverse action without a break in
Federal civilian employment of a
workday.
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[FR Doc. E8–2121 Filed 2–6–08; 8:45 am]
BILLING CODE 6325–39–P
§ 315.805 Termination of probationers for
conditions arising before appointment.
Subject to § 315.803(b), when an
agency proposes to terminate an
employee serving a probationary or trial
period for reasons based in whole or in
part on conditions arising before his
appointment, the employee is entitled to
the following:
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PART 752—ADVERSE ACTIONS
1. The authority citation for part 752
continues to read as follows:
I
Authority: 5 U.S.C. 7504, 7514, and 7543.
2. Revise § 752.401 (c)(1) and (2),
(d)(11) and (12), and add (d)(13) to read
as follows:
I
§ 752.401
Coverage.
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(c) * * *
(1) A career or career conditional
employee in the competitive service
who is not serving a probationary or
trial period;
(2) An employee in the competitive
service who has completed 1 year of
current continuous service under other
than a temporary appointment limited
to 1 year or less;
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(d) * * *
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OFFICE OF PERSONNEL
MANAGEMENT
5 CFR Parts 550 and 892
RIN 3206–AJ88
Allotments From Federal Employees
U.S. Office of Personnel
Management.
ACTION: Final rule.
AGENCY:
SUMMARY: The U.S. Office of Personnel
Management (OPM) is issuing final
regulations dealing with the use of
OPM’s allotment authority to allow for
pretax salary reductions as part of
OPM’s flexible benefits plan. Using an
allotment from an employee’s pay to the
employing agency allows certain
payments (e.g., employee health
insurance premiums, contributions to a
flexible spending arrangement, and
contributions to a health savings
account) to be paid with pretax dollars,
as provided under section 125 of the
Internal Revenue Code. In addition,
these regulations finalize certain policy
clarifications and changes to make the
regulations more readable.
DATES: Effective Date: The final
regulations are effective on March 10,
2008.
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FOR FURTHER INFORMATION CONTACT:
Kevin Kitchelt by telephone at (202)
606–2858; by fax at (202) 606–0824; or
by e-mail at pay-performancepolicy@opm.gov.
SUPPLEMENTARY INFORMATION: On
November 17, 2006, the U.S. Office of
Personnel Management (OPM), issued
interim regulations (71 FR 66827) on
OPM’s allotment authority at 5 CFR part
550, subpart C, to allow for pretax salary
reductions as part of OPM’s flexible
benefits plan. Using an allotment from
an employee’s pay to the employing
agency allows certain payments (e.g.,
employee health insurance premiums,
contributions to a flexible spending
arrangement, and contributions to a
health savings account) to be paid with
pretax dollars, as provided under
section 125 of the Internal Revenue
Code. The interim regulations also made
certain policy clarifications and changes
to make the regulations more readable
The 60-day comment period ended on
January 16, 2007. During the comment
period, OPM received one comment that
was outside the scope of these
regulations. Therefore, we are adopting
the interim regulations as final with a
correction to a section title.
Regulatory Flexibility Act
I certify that these regulations will not
have a significant economic impact on
a substantial number of small entities
because they will apply only to Federal
agencies and employees.
E.O. 12866, Regulatory Review
The Office of Management and Budget
has reviewed this rule in accordance
with E.O. 12866.
List of Subjects in 5 CFR Parts 550 and
892
Administrative practice and
procedure, Claims, Government
employees, Wages, Health insurance,
and Taxes.
U.S. Office of Personnel Management.
Linda M. Springer,
Director.
Accordingly, the interim rule
amending 5 CFR parts 550 and 892
which was published at 71 FR 66827 on
November 17, 2006, is adopted as final
with the following change:
I
PART 550—PAY ADMINISTRATION
(GENERAL)
Subpart C—Allotments From Federal
Employees
1. The authority citation for subpart C
of part 550 continues to read as follows:
I
Authority: 5 U.S.C. 5527; E.O. 10982, 3
CFR 1959–1963 Comp., p.502.
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Federal Register / Vol. 73, No. 26 / Thursday, February 7, 2008 / Rules and Regulations
2. The heading of subpart C is revised
to read as set forth above.
I 3. The undesignated center heading
‘‘Allotments for Savings’’ following
§ 550.351 is removed.
I 4. Revise the heading to § 550.361 to
read as follows:
I
§ 550.361
Scope.
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[FR Doc. E8–2131 Filed 2–6–08; 8:45 am]
BILLING CODE 6325–39–P
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection
Service
7 CFR Part 319
[Docket No. APHIS–2006–0129]
RIN 0579–AC32
Wood Packaging Material; Treatment
Modification
Animal and Plant Health
Inspection Service, USDA.
ACTION: Affirmation of interim rule as
final rule.
AGENCY:
SUMMARY: We are adopting as a final
rule, without change, an interim rule
that amended the regulations for the
importation of unmanufactured wood
articles to bring the methyl bromide
treatment schedule into alignment with
current international phytosanitary
standards. The interim rule was
necessary because international
phytosanitary standards had changed,
and our regulations needed to be
updated to reflect the current standards.
DATES: Effective on February 7, 2008, we
are adopting as a final rule the interim
rule published at 72 FR 30460–30462 on
June 1, 2007.
FOR FURTHER INFORMATION CONTACT: Mr.
John T. Jones, II, Forestry Products
Trade Director, PPQ, APHIS, 4700 River
Road Unit 140, Riverdale, MD 20737–
1236; (301) 734–8860.
SUPPLEMENTARY INFORMATION:
rfrederick on PROD1PC67 with RULES
Background
In an interim rule 1 effective and
published in the Federal Register on
June 1, 2007 (72 FR 30460–30462,
Docket No. APHIS–2006–0129), we
amended the regulations for the
importation of unmanufactured wood
articles to bring the methyl bromide
treatment schedule into alignment with
1 To view the interim rule and the comment we
received, go to https://www.regulations.gov/
fdmspublic/component/
main?main=DocketDetail&d=APHIS-2006-0129.
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Jkt 214001
current international phytosanitary
standards.
Comments on the interim rule were
required to be received on or before July
31, 2007. We received one comment by
that date, from a State agriculture
department. The commenter stated that
methyl bromide treatments do not
control deep wood insects, but did not
provide any evidence to support that
assertion. The commenter also stated
that more effective treatments should be
required, but did not offer any
suggestions for such treatments.
We agree that the methyl bromide
treatment standards adopted in the
interim rule would be inappropriate for
the treatment of logs or large pieces of
lumber. However, these standards apply
specifically to wood packaging
materials, such as pallets, crating, and
boxes, which are typically made of stock
1⁄2-inch to 3 inches in thickness.
Research has demonstrated that
fumigation of wood packaging material
in accordance with these standards will
be sufficient to penetrate wood stock of
the sizes typically used for wood
packaging materials and will provide an
appropriate level of phytosanitary
protection. We are making no changes to
the interim rule in response to this
comment.
Therefore, for the reasons given in the
interim rule and in this document, we
are adopting the interim rule as a final
rule without change.
This action also affirms the
information contained in the interim
rule concerning Executive Orders 12866
and 12988 and the Paperwork
Reduction Act.
Further, this action has been
determined to be not significant for the
purposes of Executive Order 12866 and,
therefore, has not been reviewed by the
Office of Management and Budget.
Regulatory Flexibility Act
In accordance with 5 U.S.C. 604, we
have performed a final regulatory
flexibility analysis, which is set out
below, regarding the economic effects of
this rule on small entities.
We invited the public to comment on
the potential effects of the interim rule
on small entities, in particular the
number and kind of small entities that
may incur benefits or costs from the
implementation of the interim rule.
However, we did not receive any
additional information or data in
response to those requests.
The rule affects foreign exporters of
goods that are shipped using wood
packaging materials. No U.S. entities
involved in the production or supply of
unmanufactured wood packaging
materials are expected to be negatively
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7189
affected by the rule because the revised
treatment must occur in the country of
origin. The impact on foreign entities is
not expected to be large because only
the treatment time and concentration
reading have been changed; the methyl
bromide dosage rate remains the same.
It is possible that some foreign entities
might pass on additional treatment
costs, if any, to U.S. buyers.
The rule has no mandatory reporting,
recordkeeping, or other compliance
requirements for U.S. entities, other
than the requirements that normally
pertain to commodity importation.
APHIS has not identified any
duplication, overlap, or conflict of the
interim rule with other Federal rules.
We do not foresee the rule having a
significant economic impact on small
entities, and therefore have not
proposed significant alternatives to
minimize impacts. The rule simply
aligns the U.S. methyl bromide
treatment requirements for wood
packaging materials with the standards
established by the International Plant
Protection Convention. The rule benefits
the United States by reducing the risk of
introduction of pests via
unmanufactured wood packaging
materials. It may impact foreign
exporters of goods to the United States
who use unmanufactured wood
packaging materials, which in turn may
affect importers of these goods.
However, cost increases, if any, due to
the revised treatment requirements are
not expected to significantly affect
domestic entities and thus will not have
a measurable impact on the flow of
trade.
List of Subjects in 7 CFR Part 319
Coffee, Cotton, Fruits, Imports, Logs,
Nursery stock, Plant diseases and pests,
Quarantine, Reporting and
recordkeeping requirements, Rice,
Vegetables.
PART 319—FOREIGN QUARANTINE
NOTICES
Accordingly, we are adopting as a
final rule, without change, the interim
rule that amended 7 CFR part 319 and
that was published at 72 FR 30460–
30462 on June 1, 2007.
I
Done in Washington, DC, this 1st day of
February 2008.
Kevin Shea,
Acting Administrator, Animal and Plant
Health Inspection Service.
[FR Doc. E8–2262 Filed 2–6–08; 8:45 am]
BILLING CODE 3410–34–P
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]]>Agencies
[Federal Register Volume 73, Number 26 (Thursday, February 7, 2008)]
[Rules and Regulations]
[Pages 7188-7189]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-2131]
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OFFICE OF PERSONNEL MANAGEMENT
5 CFR Parts 550 and 892
RIN 3206-AJ88
Allotments From Federal Employees
AGENCY: U.S. Office of Personnel Management.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The U.S. Office of Personnel Management (OPM) is issuing final
regulations dealing with the use of OPM's allotment authority to allow
for pretax salary reductions as part of OPM's flexible benefits plan.
Using an allotment from an employee's pay to the employing agency
allows certain payments (e.g., employee health insurance premiums,
contributions to a flexible spending arrangement, and contributions to
a health savings account) to be paid with pretax dollars, as provided
under section 125 of the Internal Revenue Code. In addition, these
regulations finalize certain policy clarifications and changes to make
the regulations more readable.
DATES: Effective Date: The final regulations are effective on March 10,
2008.
FOR FURTHER INFORMATION CONTACT: Kevin Kitchelt by telephone at (202)
606-2858; by fax at (202) 606-0824; or by e-mail at pay-performance-
policy@opm.gov.
SUPPLEMENTARY INFORMATION: On November 17, 2006, the U.S. Office of
Personnel Management (OPM), issued interim regulations (71 FR 66827) on
OPM's allotment authority at 5 CFR part 550, subpart C, to allow for
pretax salary reductions as part of OPM's flexible benefits plan. Using
an allotment from an employee's pay to the employing agency allows
certain payments (e.g., employee health insurance premiums,
contributions to a flexible spending arrangement, and contributions to
a health savings account) to be paid with pretax dollars, as provided
under section 125 of the Internal Revenue Code. The interim regulations
also made certain policy clarifications and changes to make the
regulations more readable
The 60-day comment period ended on January 16, 2007. During the
comment period, OPM received one comment that was outside the scope of
these regulations. Therefore, we are adopting the interim regulations
as final with a correction to a section title.
Regulatory Flexibility Act
I certify that these regulations will not have a significant
economic impact on a substantial number of small entities because they
will apply only to Federal agencies and employees.
E.O. 12866, Regulatory Review
The Office of Management and Budget has reviewed this rule in
accordance with E.O. 12866.
List of Subjects in 5 CFR Parts 550 and 892
Administrative practice and procedure, Claims, Government
employees, Wages, Health insurance, and Taxes.
U.S. Office of Personnel Management.
Linda M. Springer,
Director.
0
Accordingly, the interim rule amending 5 CFR parts 550 and 892 which
was published at 71 FR 66827 on November 17, 2006, is adopted as final
with the following change:
PART 550--PAY ADMINISTRATION (GENERAL)
Subpart C--Allotments From Federal Employees
0
1. The authority citation for subpart C of part 550 continues to read
as follows:
Authority: 5 U.S.C. 5527; E.O. 10982, 3 CFR 1959-1963 Comp.,
p.502.
[[Page 7189]]
0
2. The heading of subpart C is revised to read as set forth above.
0
3. The undesignated center heading ``Allotments for Savings'' following
Sec. 550.351 is removed.
0
4. Revise the heading to Sec. 550.361 to read as follows:
Sec. 550.361 Scope.
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[FR Doc. E8-2131 Filed 2-6-08; 8:45 am]
BILLING CODE 6325-39-P
