Disabled Veterans Documentation, 60611-60612 [E8-24227]
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Federal Register / Vol. 73, No. 199 / Tuesday, October 14, 2008 / Rules and Regulations
Sunday, or a Federal holiday.
Documents shall be deemed ‘‘filed’’ on
the date and time received by the Board
if received before 5:30 p.m. local time in
Washington, DC, or the next business
day if received after 5:30 p.m.
Dated: October 8, 2008.
James A. Spangenberg,
Chairman, Government Accountability
Contract Appeals Board.
[FR Doc. E8–24340 Filed 10–10–08; 8:45 am]
BILLING CODE 1610–02–P
Comments
Comments on the proposed rule were
requested by October 19, 2007. OPM
received one comment from a private
citizen who noticed a typographical
error in sections 316.302(b)(4) and
316.402(b)(4). We have corrected this
error by changing ‘‘of’’ to ‘‘or’’ the third
time it appears in each of those
paragraphs.
OFFICE OF PERSONNEL
MANAGEMENT
5 CFR Parts 315 and 316
RIN 3206–AL29
Disabled Veterans Documentation
U.S. Office of Personnel
Management.
ACTION: Final rule.
AGENCY:
SUMMARY: The U.S. Office of Personnel
Management (OPM) is issuing final
regulations regarding documentation
required for appointments of disabled
veterans. The purpose of this change is
to provide consistency with the policy
implemented by the Department of
Veterans Affairs.
DATES: Effective Date: November 13,
2008.
FOR FURTHER INFORMATION CONTACT:
Darlene Phelps at (202) 606–0960, by
FAX on (202) 606–2329, TDD at (202)
418–3134, or by e-mail at
Darlene.Phelps@opm.gov.
On August
20, 2007, OPM proposed regulations at
72 FR 46410 regarding documentation
required for noncompetitive temporary
and term appointments, and conversion
of 30 percent or more disabled veterans
from nonpermanent appointments. The
Department of Veterans Affairs (VA)
considers any VA disability letter issued
for purposes of establishing veterans’
preference in employment proof of a
permanent record of disability, unless
the letter specifically states otherwise.
We proposed to modify sections
315.707(a)(2)(ii) and (iii), 316.302(b)(4),
and 316.402(b)(4) of title 5, Code of
Federal Regulations. In addition, in
section 315.707(a)(2)(ii) and (iii), we are
adding a reference to disability
determinations from a branch of the
Armed Forces, as these entities may also
certify the existence of 30 percent or
more disability. These modifications
will clarify that a 30 percent or more
disabled veteran who has proof of
disability from the VA or a branch of the
ebenthall on PROD1PC60 with RULES
SUPPLEMENTARY INFORMATION:
VerDate Aug<31>2005
15:35 Oct 10, 2008
Jkt 217001
Armed Forces dated 1991 or later is
eligible for a noncompetitive temporary
or term appointment. The employee
may be noncompetitively converted to a
permanent appointment in the
competitive service at any time during
such an appointment. Lastly, we are
adding the word ‘‘so’’ in section
315.707(a)(2)(iii) to clarify that ‘‘rated’’
refers to a service-connected disability
rating of 30 percent or more. We
inadvertently omitted this clarification
in the proposed regulation.
E.O. 12866, Regulatory Review
This rule has been reviewed by the
Office of Management and Budget in
accordance with Executive Order 12866.
Regulatory Flexibility Act
I certify that this regulation will not
have a significant economic impact on
a substantial number of small entities
because it will apply only to Federal
agencies and employees.
Paperwork Reduction Act
The information collection
requirements contained in this final rule
are currently approved by OMB under
3206–0001. This final regulation does
not modify this approved collection.
List of Subjects in 5 CFR Parts 315 and
316
Government employees.
U.S. Office of Personnel Management.
Michael W. Hager,
Acting Director.
Accordingly, OPM is amending 5 CFR
parts 315 and 316 as follows:
■
PART 315—CAREER AND CAREER
CONDITIONAL EMPLOYMENT
1. The authority citation for part 315
continues to read as follows:
■
Authority: 5 U.S.C. 1302, 3301, and 3302;
E.O. 10577, 3 CFR, 1954–1958 Comp. p. 218,
unless otherwise noted; and E.O. 13162.
Secs. 315.601 and 315.609 also issued under
22 U.S.C. 3651 and 3652. Secs. 315.602 and
315.604 also issued under 5 U.S.C. 1104. Sec.
315.603 also issued under 5 U.S.C. 8151.
Section 315.605 also issued under E.O.
12034, 3 CFR, 1978 Comp. p. 111. Section
315.606 also issued under E.O. 11219, 3 CFR,
1964–1965 Comp. p. 303. Sec 315.607 also
issued under 22 U.S.C. 2506. Sec. 315.608
PO 00000
Frm 00003
Fmt 4700
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60611
also issued under E.O. 12721, 3 CFR, 1990
Comp. p. 293. Sec. 315.610 also issued under
5 U.S.C. 3304(d). Sec. 315.611 also issued
under Section 511, Pub. L. 106–117, 113 Stat.
1575–76. Sec. 315.708 also issued under E.O.
13318. Sec. 315.710 also issued under E.O.
12596, 3 CFR, 1987 Comp. p. 229. Subpart I
also issued under 5 U.S.C. 3321, E.O. 12107,
3 CFR, 1978 Comp. p. 264.
Subpart G—Conversion to Career or
Career-Conditional Employment From
Other Types of Employment
2. In 315.707, revise paragraphs
(a)(2)(ii) and (iii) to read as follows:
■
§ 315.707
Disabled veterans.
(a) * * *
(2) * * *
(ii) Have been rated by the
Department of Veterans Affairs since
1991 or later, or by a branch of the
Armed Forces at any time, as having a
compensable service-connected
disability of 30 percent or more; or
(iii) Have been so rated by the
Department of Veterans Affairs, or by a
branch of the Armed Forces, at the time
of a qualifying temporary appointment
effected within the year immediately
preceding, or a term appointment
effected within four years immediately
preceding, the conversion.
*
*
*
*
*
PART 316—TEMPORARY AND TERM
EMPLOYMENT
3. The authority citation for part 316
continues to read as follows:
■
Authority: 5 U.S.C. 3301, 3302; E.O. 10577,
3 CFR, 1954–1958 Comp., p. 218.
Subpart C—Term Employment
4. In 316.302, revise paragraph (b)(4)
to read as follows:
■
§ 316.302
Selection of term employees.
*
*
*
*
*
(b) * * *
(4) Appointment under 5 U.S.C. 3112
(veterans with compensable serviceconnected disability of 30 percent or
more). The disability must be
documented by a notice of retirement or
discharge due to service-connected
disability from active military service
dated at any time, or by a notice of
compensable disability rating from the
Department of Veterans Affairs, dated
1991 or later;
*
*
*
*
*
Subpart D—Temporary Limited
Employment
5. In 316.402, revise paragraph (b)(4)
to read as follows:
■
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14OCR1
60612
Federal Register / Vol. 73, No. 199 / Tuesday, October 14, 2008 / Rules and Regulations
§ 316.402 Procedures for making
temporary appointments.
*
*
*
*
*
(b) * * *
(4) Appointment under 5 U.S.C. 3112
(veterans with compensable serviceconnected disability of 30 percent of
more). The disability must be
documented by a notice of retirement or
discharge due to service-connected
disability from active military service
dated at any time, or by a notice of
compensable disability rating from the
Department of Veterans Affairs, dated
1991 or later;
*
*
*
*
*
[FR Doc. E8–24227 Filed 10–10–08; 8:45 am]
BILLING CODE 6325–39–P
NUCLEAR REGULATORY
COMMISSION
10 CFR Part 50
[NRC–2008–0237]
Policy Statement on the Regulation of
Advanced Reactors
Nuclear Regulatory
Commission.
ACTION: Final policy statement.
AGENCY:
SUMMARY: On May 9, 2008 (73 FR
26349), the Nuclear Regulatory
Commission (NRC; Commission) issued,
for public comment, a draft policy
statement on the regulation of advanced
reactors. This final policy statement
reinforces the Commission’s current
policy regarding advanced reactors and
includes new items to be considered
during the design of these reactors,
including security, emergency
preparedness, threat of theft, and
international safeguards.
DATE: The effective date is November 13,
2008.
FOR FURTHER INFORMATION CONTACT: Mr.
Wesley W. Held, Rulemaking, Guidance,
and Advanced Reactor Branch, Division
of New Reactor Licensing, Office of New
Reactors, U.S. Nuclear Regulatory
Commission, Mail Stop: T–6 C34,
Washington, DC 20555–0001;
Telephone: (301) 415–1583; fax number:
(301) 415–5399; e-mail:
Wesley.Held@nrc.gov.
SUPPLEMENTARY INFORMATION:
ebenthall on PROD1PC60 with RULES
I. Background
Letter No.
1
2
3
4
................
................
................
................
VerDate Aug<31>2005
II. Summary of Public Comments and
Responses to Comments
A. General Comments
B. Attributes To Be Considered During
Design
C. Security of Advanced Reactors
D. Relationship to General Design Criteria
(GDC)
E. Other Comments
III. Final Policy Statement
I. Background
On July 8, 1986 (51 FR 24643), the
Commission published a policy
statement on the regulation of advanced
reactors. The Commission had the
following three primary objectives in
issuing the advanced reactor policy
statement (ARPS):
• To maintain the earliest possible
interaction of applicants, vendors, and
government agencies with the NRC.
• To provide all interested parties,
including the public, with the
Commission’s views concerning the
desired characteristics of advanced
reactor designs.
• To express the Commission’s intent
to issue timely comment on the
implications of such designs for safety
and the regulatory process.
On July 12, 1994 (59 FR 35461), the
Commission revised the 1986 ARPS by
addressing the Commission’s policy on
metrication (57 FR 46202; October 7,
1992; as revised June 19, 1996 (61 FR
31169)).
Since the events of September 11,
2001, the NRC has assessed potential
threats and their possible impacts on the
Nation’s fleet of operating nuclear
power reactors and has required
upgrades of physical security measures
and mitigative strategies through the
issuance of a series of security orders
and license conditions. For new nuclear
power reactors, the Commission
considers it prudent to provide
expectations and guidance on security
matters to prospective applicants so that
they can use this information early in
the design stage of new reactors to
identify potential mitigative measures
and/or design features that provide a
more robust and effective security
posture. Therefore, the Commission
decided to revise the ARPS to integrate
these expectations for security and
emergency preparedness with the
current expectations for safety.
The Commission’s expectation for
advanced reactor designers to consider
the effects of a large, commercial
ADAMS accession No.
ML081420201
ML081420208
ML081770159
ML081900560
...............
...............
...............
...............
15:35 Oct 10, 2008
Jkt 217001
airplane impact is currently being
addressed through rulemaking
(Consideration of Aircraft Impacts for
New Nuclear Power Reactor Designs—
RIN AI19—Docket ID NRC–2007–0009).
The Commission believes that reactors
designed with potential aircraft impact
considerations resulting from this rule
would be more robust than if they were
designed in the absence of this rule.
The proposed policy statement,
‘‘Policy Statement on the Regulation of
Advanced Reactors,’’ was published in
the Federal Register on May 9, 2008 (73
FR 26349). The public comment period
expired on July 8, 2008. This final
policy statement reflects the pertinent
comments received on the published
draft policy statement.
II. Summary of Public Comments and
Responses to Comments
Eight organizations and individuals
submitted written comments on the
draft policy statement. The commenters
represented a variety of interests
addressing a wide range of issues, and
included individuals; reactor vendors;
and citizen, environmental, and
industry groups. Most commenters
agreed with the general principle of the
policy statement, but no commenter
supported the policy statement exactly
as proposed. Several commenters
wanted changes made to the list of
design attributes to be considered.
Others suggested linking the design
attributes to the general design criteria
(GDC). Another commented on the
security of nuclear power plants, and
one commenter described a thorium
reactor design.
Comments on this proposed rule are
available electronically at https://
www.regulations.gov. From this page,
the public can find all the comments
received by inputting NRC–2008–0237
into the search field. Comments are also
available electronically at the NRC’s
Electronic Reading Room at https://
www.nrc.gov/reading-rm/adams.html.
From this page, the public can gain
access to the Agencywide Documents
Access and Management System
(ADAMS), which provides text and
image files of NRC’s public documents.
The public can search for comments
using the ADAMS accession numbers
listed in the table below, which
includes the commenters’ names and
affiliations.
Commenter affiliation
Commenter name
Private citizen ....................................................
University of California—Berkeley .....................
Toshiba ..............................................................
Thorium ElectroNuclear AB ...............................
Paul Sund ...........................................
Per Peterson ......................................
Koichiro Oshima .................................
Elling Disen ........................................
PO 00000
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14OCR1
Abbreviation
Sund
UCB
Toshiba
TEN AB
]]>Agencies
[Federal Register Volume 73, Number 199 (Tuesday, October 14, 2008)]
[Rules and Regulations]
[Pages 60611-60612]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-24227]
=======================================================================
-----------------------------------------------------------------------
OFFICE OF PERSONNEL MANAGEMENT
5 CFR Parts 315 and 316
RIN 3206-AL29
Disabled Veterans Documentation
AGENCY: U.S. Office of Personnel Management.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The U.S. Office of Personnel Management (OPM) is issuing final
regulations regarding documentation required for appointments of
disabled veterans. The purpose of this change is to provide consistency
with the policy implemented by the Department of Veterans Affairs.
DATES: Effective Date: November 13, 2008.
FOR FURTHER INFORMATION CONTACT: Darlene Phelps at (202) 606-0960, by
FAX on (202) 606-2329, TDD at (202) 418-3134, or by e-mail at
Darlene.Phelps@opm.gov.
SUPPLEMENTARY INFORMATION: On August 20, 2007, OPM proposed regulations
at 72 FR 46410 regarding documentation required for noncompetitive
temporary and term appointments, and conversion of 30 percent or more
disabled veterans from nonpermanent appointments. The Department of
Veterans Affairs (VA) considers any VA disability letter issued for
purposes of establishing veterans' preference in employment proof of a
permanent record of disability, unless the letter specifically states
otherwise. We proposed to modify sections 315.707(a)(2)(ii) and (iii),
316.302(b)(4), and 316.402(b)(4) of title 5, Code of Federal
Regulations. In addition, in section 315.707(a)(2)(ii) and (iii), we
are adding a reference to disability determinations from a branch of
the Armed Forces, as these entities may also certify the existence of
30 percent or more disability. These modifications will clarify that a
30 percent or more disabled veteran who has proof of disability from
the VA or a branch of the Armed Forces dated 1991 or later is eligible
for a noncompetitive temporary or term appointment. The employee may be
noncompetitively converted to a permanent appointment in the
competitive service at any time during such an appointment. Lastly, we
are adding the word ``so'' in section 315.707(a)(2)(iii) to clarify
that ``rated'' refers to a service-connected disability rating of 30
percent or more. We inadvertently omitted this clarification in the
proposed regulation.
Comments
Comments on the proposed rule were requested by October 19, 2007.
OPM received one comment from a private citizen who noticed a
typographical error in sections 316.302(b)(4) and 316.402(b)(4). We
have corrected this error by changing ``of'' to ``or'' the third time
it appears in each of those paragraphs.
E.O. 12866, Regulatory Review
This rule has been reviewed by the Office of Management and Budget
in accordance with Executive Order 12866.
Regulatory Flexibility Act
I certify that this regulation will not have a significant economic
impact on a substantial number of small entities because it will apply
only to Federal agencies and employees.
Paperwork Reduction Act
The information collection requirements contained in this final
rule are currently approved by OMB under 3206-0001. This final
regulation does not modify this approved collection.
List of Subjects in 5 CFR Parts 315 and 316
Government employees.
U.S. Office of Personnel Management.
Michael W. Hager,
Acting Director.
0
Accordingly, OPM is amending 5 CFR parts 315 and 316 as follows:
PART 315--CAREER AND CAREER CONDITIONAL EMPLOYMENT
0
1. The authority citation for part 315 continues to read as follows:
Authority: 5 U.S.C. 1302, 3301, and 3302; E.O. 10577, 3 CFR,
1954-1958 Comp. p. 218, unless otherwise noted; and E.O. 13162.
Secs. 315.601 and 315.609 also issued under 22 U.S.C. 3651 and 3652.
Secs. 315.602 and 315.604 also issued under 5 U.S.C. 1104. Sec.
315.603 also issued under 5 U.S.C. 8151. Section 315.605 also issued
under E.O. 12034, 3 CFR, 1978 Comp. p. 111. Section 315.606 also
issued under E.O. 11219, 3 CFR, 1964-1965 Comp. p. 303. Sec 315.607
also issued under 22 U.S.C. 2506. Sec. 315.608 also issued under
E.O. 12721, 3 CFR, 1990 Comp. p. 293. Sec. 315.610 also issued under
5 U.S.C. 3304(d). Sec. 315.611 also issued under Section 511, Pub.
L. 106-117, 113 Stat. 1575-76. Sec. 315.708 also issued under E.O.
13318. Sec. 315.710 also issued under E.O. 12596, 3 CFR, 1987 Comp.
p. 229. Subpart I also issued under 5 U.S.C. 3321, E.O. 12107, 3
CFR, 1978 Comp. p. 264.
Subpart G--Conversion to Career or Career-Conditional Employment
From Other Types of Employment
0
2. In 315.707, revise paragraphs (a)(2)(ii) and (iii) to read as
follows:
Sec. 315.707 Disabled veterans.
(a) * * *
(2) * * *
(ii) Have been rated by the Department of Veterans Affairs since
1991 or later, or by a branch of the Armed Forces at any time, as
having a compensable service-connected disability of 30 percent or
more; or
(iii) Have been so rated by the Department of Veterans Affairs, or
by a branch of the Armed Forces, at the time of a qualifying temporary
appointment effected within the year immediately preceding, or a term
appointment effected within four years immediately preceding, the
conversion.
* * * * *
PART 316--TEMPORARY AND TERM EMPLOYMENT
0
3. The authority citation for part 316 continues to read as follows:
Authority: 5 U.S.C. 3301, 3302; E.O. 10577, 3 CFR, 1954-1958
Comp., p. 218.
Subpart C--Term Employment
0
4. In 316.302, revise paragraph (b)(4) to read as follows:
Sec. 316.302 Selection of term employees.
* * * * *
(b) * * *
(4) Appointment under 5 U.S.C. 3112 (veterans with compensable
service-connected disability of 30 percent or more). The disability
must be documented by a notice of retirement or discharge due to
service-connected disability from active military service dated at any
time, or by a notice of compensable disability rating from the
Department of Veterans Affairs, dated 1991 or later;
* * * * *
Subpart D--Temporary Limited Employment
0
5. In 316.402, revise paragraph (b)(4) to read as follows:
[[Page 60612]]
Sec. 316.402 Procedures for making temporary appointments.
* * * * *
(b) * * *
(4) Appointment under 5 U.S.C. 3112 (veterans with compensable
service-connected disability of 30 percent of more). The disability
must be documented by a notice of retirement or discharge due to
service-connected disability from active military service dated at any
time, or by a notice of compensable disability rating from the
Department of Veterans Affairs, dated 1991 or later;
* * * * *
[FR Doc. E8-24227 Filed 10-10-08; 8:45 am]
BILLING CODE 6325-39-P
