Noncompetitive Appointment of Certain Military Spouses, 13100-13101 [2011-5459]
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13100
Proposed Rules
Federal Register
Vol. 76, No. 47
Thursday, March 10, 2011
This section of the FEDERAL REGISTER
contains notices to the public of the proposed
issuance of rules and regulations. The
purpose of these notices is to give interested
persons an opportunity to participate in the
rule making prior to the adoption of the final
rules.
OFFICE OF PERSONNEL
MANAGEMENT
5 CFR Part 315
RIN 3206–AM36
Noncompetitive Appointment of
Certain Military Spouses
U.S. Office of Personnel
Management.
ACTION: Proposed rule with request for
comments.
AGENCY:
The U.S. Office of Personnel
Management (OPM) is issuing proposed
regulations to eliminate the 2-year
eligibility limitation for noncompetitive
appointment for spouses of certain
deceased or 100 percent disabled
veterans. OPM is removing this
restriction to provide spouses of certain
deceased or 100 percent disabled
veterans with unlimited eligibility for
noncompetitive appointment. The
intended effect of this change is to
further facilitate the entry of these
military spouses into the Federal civil
service.
DATES: Comments must be received on
or before May 9, 2011.
ADDRESSES: You may submit comments,
which are identified by RIN 3206–
AM36, by any of the following methods:
• E-mail: employ@opm.gov. Include
‘‘RIN 3206–AM36, Career and CareerConditional Employment’’ in the subject
line of the message.
• Fax: (202) 606–2329.
• Mail: Angela Bailey, Deputy
Associate Director for Employee
Services, U.S. Office of Personnel
Management, Room 6566, 1900 E Street,
NW., Washington, DC 20415–9700.
FOR FURTHER INFORMATION CONTACT:
Michelle Glynn, 202–606–1571, Fax:
202–606–2329 by TDD: 202–418–3134,
or e-mail: michelle.glynn@opm.gov.
SUPPLEMENTARY INFORMATION: On
September 25, 2008, the President
issued Executive Order (E.O.) 13473
allowing agencies to make
noncompetitive appointments of
spouses of certain members of the
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SUMMARY:
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14:46 Mar 09, 2011
Jkt 223001
armed forces. OPM implemented this
E.O. via final regulations which were
published in the Federal Register (FR)
on August 12, 2009 (74 FR 40471).
OPM’s implementing rules established a
noncompetitive hiring authority for
certain military spouses. Under this
hiring authority, eligible spouses
include, subject to other criteria
specified in the final rule, the following
categories of military spouses: Those
who are relocating with their service
member spouse as a result of permanent
change of station (PCS) orders, spouses
of service members who incurred a 100
percent disability because of the service
member’s active duty service, and the
un-remarried widow or widower of a
service member killed while on active
duty. A spouse remains eligible for a
noncompetitive appointment for a
maximum of 2 years from the date of:
(a) The service member’s orders
authorizing a permanent change of
station; (b) the documentation showing
the service member is 100 percent
disabled; or (c) the documentation
showing the service member was killed
while on active duty.
Paragraph (d) of proposed § 315.612
provides conditions under which an
agency may appoint a military spouse
noncompetitively under this section. In
this paragraph, OPM is proposing to
eliminate the 2-year eligibility window
for spouses of service members who
incurred a 100 percent disability
because of the service member’s active
duty service, and spouses of service
members killed while on active duty.
This paragraph extends without time
limitation the eligibility of these
spouses from the date of documentation
showing the service member is 100
percent disabled because of active duty
service, or documentation showing the
service member was killed while on
active duty.
On February 4, 2011, the Department
of the Navy presented OPM with the
findings of a Spouse Employment and
Empowerment Integrated Process Team
that was initiated by the Chairman of
the Joint Chiefs of Staff. The Integrated
Process Team found that spouses of
service members who were killed or
who became 100 percent disabled while
on active duty had been unable to make
use of the noncompetitive hiring
authority within the 2-year eligibility
period prescribed by regulation, due to
their bereavement, their convalescent
PO 00000
Frm 00001
Fmt 4702
Sfmt 4702
care responsibilities, their dependant
care responsibilities, or their need to
undergo education or training. OPM
believes that it is inconsistent with the
purpose of E.O. 13473 to deny a military
spouse the opportunity to make use of
the noncompetitive hiring authority
when the very condition that gives rise
to eligibility—the death or disability of
a service member—also places unique
burdens on the service member’s spouse
that delay his or her workforce reentry.
For this reason, OPM is proposing to
eliminate the 2-year eligibility period
for noncompetitive appointment for
spouses of service members who
incurred a 100 percent disability
because of the service member’s active
duty service, and for spouses of service
members killed while on active duty.
The 2-year eligibility period will remain
in effect for spouses whose eligibility is
based on relocating with their service
member spouse as a result of PCS
orders.
E.O. 12866 and E.O. 13563 Regulatory
Review
This rule has been reviewed by the
Office of Management and Budget in
accordance with Executive Order 12866
and Executive Order 13563.
Regulatory Flexibility Act
I certify that this regulation will not
have a significant economic impact on
a substantial number of small entities
because it affects only Federal agencies
and employees.
List of Subjects in 5 CFR Part 315
Government employees.
U.S. Office of Personnel Management.
John Berry,
Director.
Accordingly, OPM is proposing to
amend 5 CFR part 315 as follows:
PART 315—CAREER AND CAREERCONDITIONAL 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. Sec.
315.605 also issued under E.O. 12034, 3 CFR,
1978 Comp. p.111. Sec. 315.606 also issued
under E.O. 11219, 3 CFR, 1964–1965 Comp.
E:\FR\FM\10MRP1.SGM
10MRP1
Federal Register / Vol. 76, No. 47 / Thursday, March 10, 2011 / Proposed Rules
p. 303. Sec. 315.607 also issued under 22
U.S.C. 2560. 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(c).
Sec. 315.611 also issued under 5 U.S.C.
3304(f). Sec. 315.612 also under E.O. 13473.
Sec. 315.708 also issued under E.O. 13318, 3
CFR, 2004 Comp. p. 265. Sec. 315.710 also
issued under E.O. 12596, 3 CFR, 1978 Comp.
p. 264.
Subpart F—Career or Career
Conditional Appointment Under
Special Authorities
2. In § 315.612, revise paragraph (d)(1)
to read as follows:
§ 315.612 Noncompetitive appointment of
certain military spouses.
*
*
*
*
*
(d) Conditions. (1) In accordance with
the provisions of this section, spouses
are eligible for noncompetitive
appointment:
(i) For a maximum of 2 years from the
date of the service member’s permanent
change of station orders;
(ii) From the date of documentation
verifying the member of the armed
forces is 100 percent disabled; or
(iii) From the date of documentation
verifying the member of the armed
forces was killed while on active duty.
*
*
*
*
*
[FR Doc. 2011–5459 Filed 3–9–11; 8:45 am]
BILLING CODE 6325–39–P
DEPARTMENT OF ENERGY
10 CFR Part 430
[Docket No. EERE–2011–BT–BC–0009]
Building Energy Codes Program:
Presenting and Receiving Comments
to DOE Proposed Changes to the
International Green Construction Code
(IgCC)
Office of Energy Efficiency and
Renewable Energy, Department of
Energy.
ACTION: Notice of public meeting.
AGENCY:
The U. S. Department of
Energy’s Office of Energy Efficiency and
Renewable Energy (EERE) is seeking
input on potential proposed changes to
the draft International Green
Construction Code (IgCC). The first
edition of the IgCC is currently being
developed by the International Code
Council (ICC) for anticipated
publication in 2012. EERE will be
holding a public meeting to present and
solicit public comment on proposed
changes.
DATES: DOE will hold a public meeting
on 14 April, 2011, from 9 a.m. to 4 p.m.,
in Washington, DC.
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SUMMARY:
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14:46 Mar 09, 2011
Jkt 223001
The public meeting will be
held at the Holiday Inn, 550 C Street,
SW., Washington, DC 20585–0121. If a
foreign national wishes to participate in
the meeting, please inform DOE as soon
as possible by contacting Ms. Brenda
Edwards at (202) 586–2945 so that the
necessary procedures can be completed.
Background Materials and Submitting
Comments: For access to the IgCC code
change proposals filed by DOE, visit the
Web site: https://www.energycodes.gov/
development/IgCC/. Written comments
may be filed to each DOE IgCC code
change proposal by using the ‘‘submit
input’’ function on this Web site.
FOR FURTHER INFORMATION CONTACT: Mr.
Robert Dewey, U.S. Department of
Energy, Energy Efficiency and
Renewable Energy, Building
Technologies Program, EE–2J, 1000
Independence Avenue, SW.,
Washington, DC 20585–0121. Tel.: (202)
287–1534. E-mail:
Robert.Dewey@ee.doe.gov.
Mr. Chris Calamita, U.S. Department
of Energy, Office of the General Counsel,
GC–72, 1000 Independence Avenue,
SW., Washington, DC 20585–0121. Tel.:
(202) 586–1777. E-mail:
Christopher.Calamita@hq.doe.gov.
SUPPLEMENTARY INFORMATION: The
public meeting announced in today’s
notice is for DOE to present and receive
comments on DOE’s proposed changes
to the IgCC.
The IgCC is being developed to
provide a baseline of codes addressing
green construction, and provide a
framework linking sustainability with
safety and performance.
The IgCC is intended to provide a
green model building code provisions
for new and existing commercial
buildings and would include American
Society of Heating, Refrigerating and
Air-Conditioning Engineers ASHRAE
189.1–2009 as an alternate compliance
option in its current form. It is currently
being developed as a voluntary
‘‘overlay’’ code with energy conservation
and efficiency provisions intended to
exceed those in the 2012 IECC. It also
contains provisions for regulating site
development and land use, material
resource conservation and efficiency,
water resource conservation and
efficiency, indoor environmental quality
and commissioning. The IgCC also
currently provides for jurisdictional
requirements and is intended to provide
compliance flexibility through a variety
of optional project electives.
The International Codes Council will
conduct hearings on the IgCC from May
16 through May 22, 2011, in Dallas,
Texas, for consideration of the proposed
changes. The complete set of all 1400
ADDRESSES:
PO 00000
Frm 00002
Fmt 4702
Sfmt 4702
13101
proposed changes to the IgCC will be
available from the ICC in mid-March.
It is not the object of this public
meeting to obtain any group position or
consensus. Rather, the EERE is seeking
as many recommendations as possible
from all individuals at this meeting. The
meeting will be conducted in a
conference style.
Written comments to the IgCC code
change proposals filed by DOE may be
submitted by using the ‘‘submit input’’
function assigned to each DOE proposal
on the Web site: https://
www.energycodes.gov/development/
IgCC/.
Issued in Washington, DC, on March 4,
2011.
Roland J. Risser,
Program Manager, Building Technologies
Program, Energy Efficiency and Renewable
Energy.
[FR Doc. 2011–5494 Filed 3–9–11; 8:45 am]
BILLING CODE 6450–01–P
COMMODITY FUTURES TRADING
COMMISSION
17 CFR Parts 23, 37, 38, and 39
RIN 3038–AC98
Requirements for Processing,
Clearing, and Transfer of Customer
Positions
Commodity Futures Trading
Commission.
ACTION: Notice of proposed rulemaking.
AGENCY:
The Commodity Futures
Trading Commission (Commission) is
proposing regulations to implement
Title VII of the Dodd-Frank Wall Street
Reform and Consumer Protection Act
(Dodd-Frank Act). Proposed regulations
would establish the time frame for a
swap dealer (SD), major swap
participant (MSP), futures commission
merchant (FCM), swap execution
facility (SEF), and designated contract
market (DCM) to submit contracts,
agreements, or transactions to a
derivatives clearing organization (DCO)
for clearing. Proposed regulations also
would facilitate compliance with DCO
Core Principle C (Participant and
Product Eligibility) in connection with
standards for cleared products and the
prompt and efficient processing of all
contracts, agreements, and transactions
submitted for clearing. The Commission
is further proposing related regulations
implementing SEF Core Principle 7
(Financial Integrity of Transactions) and
DCM Core Principle 11 (Financial
Integrity of Transactions), requiring
coordination with DCOs in the
SUMMARY:
E:\FR\FM\10MRP1.SGM
10MRP1
]]>Agencies
[Federal Register Volume 76, Number 47 (Thursday, March 10, 2011)]
[Proposed Rules]
[Pages 13100-13101]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-5459]
========================================================================
Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
========================================================================
Federal Register / Vol. 76, No. 47 / Thursday, March 10, 2011 /
Proposed Rules
[[Page 13100]]
OFFICE OF PERSONNEL MANAGEMENT
5 CFR Part 315
RIN 3206-AM36
Noncompetitive Appointment of Certain Military Spouses
AGENCY: U.S. Office of Personnel Management.
ACTION: Proposed rule with request for comments.
-----------------------------------------------------------------------
SUMMARY: The U.S. Office of Personnel Management (OPM) is issuing
proposed regulations to eliminate the 2-year eligibility limitation for
noncompetitive appointment for spouses of certain deceased or 100
percent disabled veterans. OPM is removing this restriction to provide
spouses of certain deceased or 100 percent disabled veterans with
unlimited eligibility for noncompetitive appointment. The intended
effect of this change is to further facilitate the entry of these
military spouses into the Federal civil service.
DATES: Comments must be received on or before May 9, 2011.
ADDRESSES: You may submit comments, which are identified by RIN 3206-
AM36, by any of the following methods:
E-mail: employ@opm.gov. Include ``RIN 3206-AM36, Career
and Career-Conditional Employment'' in the subject line of the message.
Fax: (202) 606-2329.
Mail: Angela Bailey, Deputy Associate Director for
Employee Services, U.S. Office of Personnel Management, Room 6566, 1900
E Street, NW., Washington, DC 20415-9700.
FOR FURTHER INFORMATION CONTACT: Michelle Glynn, 202-606-1571, Fax:
202-606-2329 by TDD: 202-418-3134, or e-mail: michelle.glynn@opm.gov.
SUPPLEMENTARY INFORMATION: On September 25, 2008, the President issued
Executive Order (E.O.) 13473 allowing agencies to make noncompetitive
appointments of spouses of certain members of the armed forces. OPM
implemented this E.O. via final regulations which were published in the
Federal Register (FR) on August 12, 2009 (74 FR 40471). OPM's
implementing rules established a noncompetitive hiring authority for
certain military spouses. Under this hiring authority, eligible spouses
include, subject to other criteria specified in the final rule, the
following categories of military spouses: Those who are relocating with
their service member spouse as a result of permanent change of station
(PCS) orders, spouses of service members who incurred a 100 percent
disability because of the service member's active duty service, and the
un-remarried widow or widower of a service member killed while on
active duty. A spouse remains eligible for a noncompetitive appointment
for a maximum of 2 years from the date of: (a) The service member's
orders authorizing a permanent change of station; (b) the documentation
showing the service member is 100 percent disabled; or (c) the
documentation showing the service member was killed while on active
duty.
Paragraph (d) of proposed Sec. 315.612 provides conditions under
which an agency may appoint a military spouse noncompetitively under
this section. In this paragraph, OPM is proposing to eliminate the 2-
year eligibility window for spouses of service members who incurred a
100 percent disability because of the service member's active duty
service, and spouses of service members killed while on active duty.
This paragraph extends without time limitation the eligibility of these
spouses from the date of documentation showing the service member is
100 percent disabled because of active duty service, or documentation
showing the service member was killed while on active duty.
On February 4, 2011, the Department of the Navy presented OPM with
the findings of a Spouse Employment and Empowerment Integrated Process
Team that was initiated by the Chairman of the Joint Chiefs of Staff.
The Integrated Process Team found that spouses of service members who
were killed or who became 100 percent disabled while on active duty had
been unable to make use of the noncompetitive hiring authority within
the 2-year eligibility period prescribed by regulation, due to their
bereavement, their convalescent care responsibilities, their dependant
care responsibilities, or their need to undergo education or training.
OPM believes that it is inconsistent with the purpose of E.O. 13473 to
deny a military spouse the opportunity to make use of the
noncompetitive hiring authority when the very condition that gives rise
to eligibility--the death or disability of a service member--also
places unique burdens on the service member's spouse that delay his or
her workforce reentry.
For this reason, OPM is proposing to eliminate the 2-year
eligibility period for noncompetitive appointment for spouses of
service members who incurred a 100 percent disability because of the
service member's active duty service, and for spouses of service
members killed while on active duty. The 2-year eligibility period will
remain in effect for spouses whose eligibility is based on relocating
with their service member spouse as a result of PCS orders.
E.O. 12866 and E.O. 13563 Regulatory Review
This rule has been reviewed by the Office of Management and Budget
in accordance with Executive Order 12866 and Executive Order 13563.
Regulatory Flexibility Act
I certify that this regulation will not have a significant economic
impact on a substantial number of small entities because it affects
only Federal agencies and employees.
List of Subjects in 5 CFR Part 315
Government employees.
U.S. Office of Personnel Management.
John Berry,
Director.
Accordingly, OPM is proposing to amend 5 CFR part 315 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. Sec. 315.605 also issued
under E.O. 12034, 3 CFR, 1978 Comp. p.111. Sec. 315.606 also issued
under E.O. 11219, 3 CFR, 1964-1965 Comp.
[[Page 13101]]
p. 303. Sec. 315.607 also issued under 22 U.S.C. 2560. 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(c). Sec. 315.611 also issued under 5
U.S.C. 3304(f). Sec. 315.612 also under E.O. 13473. Sec. 315.708
also issued under E.O. 13318, 3 CFR, 2004 Comp. p. 265. Sec. 315.710
also issued under E.O. 12596, 3 CFR, 1978 Comp. p. 264.
Subpart F--Career or Career Conditional Appointment Under Special
Authorities
2. In Sec. 315.612, revise paragraph (d)(1) to read as follows:
Sec. 315.612 Noncompetitive appointment of certain military spouses.
* * * * *
(d) Conditions. (1) In accordance with the provisions of this
section, spouses are eligible for noncompetitive appointment:
(i) For a maximum of 2 years from the date of the service member's
permanent change of station orders;
(ii) From the date of documentation verifying the member of the
armed forces is 100 percent disabled; or
(iii) From the date of documentation verifying the member of the
armed forces was killed while on active duty.
* * * * *
[FR Doc. 2011-5459 Filed 3-9-11; 8:45 am]
BILLING CODE 6325-39-P
