Excepted Service-Appointment of Persons With Intellectual Disabilities, Severe Physical Disabilities, and Psychiatric Disabilities, 6022-6023 [2012-2660]
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6022
Proposed Rules
Federal Register
Vol. 77, No. 25
Tuesday, February 7, 2012
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.
Mail: Karen R. Jacobs, Acting Deputy
Associate Director for Recruitment and
Hiring Policy, U.S. Office of Personnel
Management, Room 6551, 1900 E Street
NW., Washington, DC 20415–9700.
Hand Delivery/Courier: OPM, Room
6551, 1900 E Street NW., Washington,
DC 20415.
OFFICE OF PERSONNEL
MANAGEMENT
FOR FURTHER INFORMATION CONTACT:
Gale
Perryman by telephone on (202) 606–
1143, by FAX on (202) 606–4430, by
TDD on (202) 418–3134, or by email at
gale.perryman@opm.gov.
5 CFR Part 213
RIN 3206–AM07
The U.S.
Office of Personnel Management (OPM)
is proposing to revise the regulations in
5 CFR 213.3102(u) governing the
appointment of people with mental
retardation, severe physical disabilities,
and psychiatric disabilities. Paragraph
(u) of section 213.3102 implements
Executive Orders 12125 and 13124 to
provide a special hiring authority for
people with intellectual disabilities,
severe physical disabilities, and
psychiatric disabilities. This Schedule A
authority is subject to the general
provisions of Subpart A, 5 CFR PART
213 for temporary and time-limited
appointments. The proposed revisions
are described below:
SUPPLEMENTARY INFORMATION:
Excepted Service—Appointment of
Persons With Intellectual Disabilities,
Severe Physical Disabilities, and
Psychiatric Disabilities
U.S. Office of Personnel
Management.
ACTION: Proposed rule.
AGENCY:
The U.S. Office of Personnel
Management (OPM) is proposing to
amend its regulations pertaining to the
appointment of persons with
disabilities. The proposed changes
eliminate the requirement that an
applicant supply a certification of job
readiness and provide clarification on
appointments under this authority. In
addition, OPM is cognizant of a change
in terminology as evinced, for example
in ‘‘Rosa’s Law,’’ which Congress
enacted in October of 2010. Although
Rosa’s Law is not applicable here, it has
prompted us to reconsider our own use
of terminology, and we propose to
substitute the phrase ‘‘intellectual
disability’’ for the phrase ‘‘mental
retardation’’ throughout this Part,
without any change in the intended
coverage.
SUMMARY:
We will consider comments
received on or before April 9, 2012.
ADDRESSES: You may submit comments,
identified by RIN number 3206–AM07,
by any of the following methods:
Federal eRulemaking Portal: 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 proposed rulemaking.
Additional instructions are provided at
the regulations.gov Web site.
Email: employ@opm.gov. Include the
RIN 3206–AM07 in the subject line of
the message.
Fax: (202) 606–2329.
srobinson on DSK4SPTVN1PROD with PROPOSALS
DATES:
VerDate Mar<15>2010
17:21 Feb 06, 2012
Jkt 226001
Subpart C Excepted Schedules
On October 6, 2010, Congress enacted
‘‘Rosa’s Law,’’ which changes references
from ‘‘mental retardation’’ or
‘‘individuals with mental retardation’’
to ‘‘intellectual disability’’ or
‘‘individual with intellectual disability’’
in various statutes the law amended and
required conforming changes in related
regulations. Although Rosa’s Law is
inapplicable to the President’s creation
of an excepted service hiring authority
for persons with specified disabilities,
this statute nevertheless prompted OPM
to reconsider its own use of
terminology. As a result of that process,
we propose to revise our language to
replace the term ‘‘mental retardation’’
with the currently more commonly used
term ‘‘intellectual disability.’’ We added
a new paragraph (u)(2) Definitions, to
define ‘‘intellectual disability’’ as
meaning only those intellectual
disabilities that would, under prior
iterations of this regulation, have been
encompassed by the term ‘‘mental
retardation.’’ This addition causes all
current paragraphs to change by one
number.
PO 00000
Frm 00001
Fmt 4702
Sfmt 4702
Section 213.3102(u)(3)(i) currently
requires all applicants seeking either a
permanent or time-limited appointment
to supply a ‘‘certification of job
readiness.’’ This certification, which
may be prepared by one of the entities
identified in 213.3102(u)(2), has been
used as the basis for determining that an
applicant can reasonably be expected to
perform in a particular work
environment. For instance, the
certification of readiness for an
individual applying for a position as an
Administrative Assistant or Accountant
might state that the applicant ‘‘is likely
to succeed performing work in an office
environment.’’ In the alternative, the
current 213.3102(u)(3)(ii) allows
agencies to give individuals a temporary
appointment to establish their ability to
perform in the relevant environment
when the certification of job readiness
has not been provided.
We believe that a requirement that
applicants provide a separate
‘‘certification of job readiness’’ is not
necessary. Persons with disabilities
today often have work, educational, or
other relevant experience that an agency
may rely upon to determine whether
they are likely to succeed in a particular
work environment. Agencies also
possess the option of giving individuals
a temporary appointment that will allow
them to establish their job readiness. In
those circumstances, the agency may
convert the individual to a permanent
appointment, once it determines that
the individual is able to perform the
duties of the position.
Elimination of the requirement that
applicants supply a certification of job
readiness will speed the hiring process
for agencies and remove an unnecessary
burden on applicants with disabilities.
This is consistent with the policy
outlined in the President’s
Memorandum of May 11, 2010
regarding the elimination of
unnecessary complexities and
inefficiencies in the federal hiring
process.
The proposed section 213.3102(u)(4)
provides for permanent or time-limited
appointment options when individuals
have proof of disability and an agency
determines that they are ‘‘job ready’’—
that is, that they are likely to succeed in
performing in the required work
environment. Under the proposed
regulations, the agency determination of
job readiness may be based upon any
E:\FR\FM\07FEP1.SGM
07FEP1
Federal Register / Vol. 77, No. 25 / Tuesday, February 7, 2012 / Proposed Rules
relevant work, educational, or other
experience. Section 213.3102(u)(5)
addresses temporary employment
options, mainly when a determination
of job readiness cannot be made based
on an individual’s prior work,
educational, or other experience. We
propose to modify this section to clarify
the appropriate uses of the temporary
employment option (i.e. to determine
job readiness, or when the duties to be
performed are truly of a short-term
nature).
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 certain potential
applicants and Federal employees.
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, Excepted
Schedules.
U.S. Office of Personnel Management.
John Berry,
Director.
Accordingly, OPM is proposing to
revise 5 CFR 213.3102 as follows:
PART 213—EXCEPTED SERVICE
1. The authority citation for part 213
is revised to read as follows:
Authority: 5 U.S.C. 3161, 3301 and 3302;
E.O. 10577, 3 CFR 1954–1958 Comp., p. 218;
Sec. 213.101 also issued under 5 U.S.C. 2103.
Sec. 213.3102 also issued under 5 U.S.C.
3301, 3302, 3307, 8337(h), and 8456; E.O.
13318, 3 CFR 1982 Comp., p. 185; 38 U.S.C.
4301 et seq.; Pub. L. 105–339, 112 Stat 3182–
83; E.O. 13162; E.O. 12125, 3 CFR 1979
Comp., p. 16879; and E.O. 13124, 3 CFR 1999
Comp., p. 31103; and Presidential
Memorandum—Improving the Federal
Recruitment and Hiring Process (May 11,
2010).
2. In § 213.3102 revise paragraph (u)
to read as follows:
§ 213.3102
Entire executive civil service.
srobinson on DSK4SPTVN1PROD with PROPOSALS
*
*
*
*
*
(u) Appointment of persons with
intellectual disabilities, severe physical
disabilities, or psychiatric disabilities—
(1) Purpose. An agency may appoint, on
a permanent, time-limited, or temporary
basis, a person with an intellectual
disability, a severe physical disability,
or a psychiatric disability according to
the provisions described below.
(2) Definition. ‘‘Intellectual
disabilities’’ means only those
VerDate Mar<15>2010
17:21 Feb 06, 2012
Jkt 226001
disabilities that would have been
encompassed by the term ‘‘mental
retardation’’ in previous iterations of
this regulation and the associated
Executive Order, Executive Order
12125, dated March 15, 1979.
(3) Proof of disability. (i) An agency
must require proof of an applicant’s
intellectual disability, severe physical
disability, or psychiatric disability prior
to making an appointment under this
section.
(ii) An agency may accept, as proof of
disability, appropriate documentation
(e.g., records, statements, or other
appropriate information) issued from a
licensed medical professional (e.g., a
physician or other medical professional
duly certified by a State, the District of
Columbia, or a U.S. territory, to practice
medicine); a licensed vocational
rehabilitation specialist (State or
private); or any Federal agency, State
agency, or an agency of the District of
Columbia or a U.S. territory that issues
or provides disability benefits.
(4) Permanent or time-limited
employment options. An agency may
make permanent or time-limited
appointments under this subsection
where an applicant supplies proof of
disability as described in paragraph (3)
above and the agency determines that
the individual is likely to succeed in the
performance of the duties of the
position for which he or she is applying.
In determining whether the individual
is likely to succeed in performing the
duties of his position, the agency may
rely upon the applicant’s employment,
educational, or other relevant
experience, including but not limited to
service under another type of
appointment in the competitive or
excepted services.
(5) Temporary employment options.
An agency may make a temporary
appointment when:
(i) It is necessary to observe the
applicant on the job to determine
whether the applicant is able or ready
to perform the duties of the position.
When an agency uses this option to
determine an individual’s job readiness,
the hiring agency may convert the
individual to a permanent appointment
in the excepted service whenever the
agency determines the individual is able
to perform the duties of the position; or
(ii) The work is of a temporary nature.
(6) Noncompetitive conversion to the
competitive service. (i) An agency may
noncompetitively convert to the
competitive service an employee who
has completed 2 years of satisfactory
service under this authority in
accordance with the provisions of
Executive Order 12125 as amended by
Executive Order 13124 and § 315.709 of
PO 00000
Frm 00002
Fmt 4702
Sfmt 4702
6023
this chapter, except as provided in
(u)(6)(ii).
(ii) Time spent on a temporary
appointment specified in paragraph
(u)(5)(ii) of this section does not count
towards the 2-year requirement.
*
*
*
*
*
[FR Doc. 2012–2660 Filed 2–6–12; 8:45 am]
BILLING CODE 6325–39–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2012–0038; Directorate
Identifier 2011–NM–209–AD]
RIN 2120–AA64
Airworthiness Directives; Airbus
Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
We propose to adopt a new
airworthiness directive (AD) for all
Airbus Model A300 B4–600 series
airplanes and Model A310–203, –204,
–221, and –222 airplanes. This proposed
AD was prompted by a report of a
capacitive density condensator
(cadensicon) coil overheating during
testing. This proposed AD would
require an inspection to determine if a
certain fuel quantity indication
computer (FQIC) is installed,
replacement of identified FQICs, and
modification of the associated wiring.
We are proposing this AD to detect and
correct potential overheating of the
cadensicon coil, which could create an
ignition source inside a fuel tank,
which, in combination with flammable
fuel vapors, could result in a fuel tank
explosion and consequent loss of the
airplane.
SUMMARY:
We must receive comments on
this proposed AD by March 23, 2012.
ADDRESSES: You may send comments by
any of the following methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov. Follow the
instructions for submitting comments.
• Fax: (202) 493–2251.
• Mail: U.S. Department of
Transportation, Docket Operations, M–
30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue SE.,
Washington, DC 20590.
• Hand Delivery: U.S. Department of
Transportation, Docket Operations, M–
30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue SE.,
DATES:
E:\FR\FM\07FEP1.SGM
07FEP1
Agencies
[Federal Register Volume 77, Number 25 (Tuesday, February 7, 2012)]
[Proposed Rules]
[Pages 6022-6023]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-2660]
========================================================================
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. 77, No. 25 / Tuesday, February 7, 2012 /
Proposed Rules
[[Page 6022]]
OFFICE OF PERSONNEL MANAGEMENT
5 CFR Part 213
RIN 3206-AM07
Excepted Service--Appointment of Persons With Intellectual
Disabilities, Severe Physical Disabilities, and Psychiatric
Disabilities
AGENCY: U.S. Office of Personnel Management.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The U.S. Office of Personnel Management (OPM) is proposing to
amend its regulations pertaining to the appointment of persons with
disabilities. The proposed changes eliminate the requirement that an
applicant supply a certification of job readiness and provide
clarification on appointments under this authority. In addition, OPM is
cognizant of a change in terminology as evinced, for example in
``Rosa's Law,'' which Congress enacted in October of 2010. Although
Rosa's Law is not applicable here, it has prompted us to reconsider our
own use of terminology, and we propose to substitute the phrase
``intellectual disability'' for the phrase ``mental retardation''
throughout this Part, without any change in the intended coverage.
DATES: We will consider comments received on or before April 9, 2012.
ADDRESSES: You may submit comments, identified by RIN number 3206-AM07,
by any of the following methods:
Federal eRulemaking Portal: 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
proposed rulemaking. Additional instructions are provided at the
regulations.gov Web site.
Email: employ@opm.gov. Include the RIN 3206-AM07 in the subject
line of the message.
Fax: (202) 606-2329.
Mail: Karen R. Jacobs, Acting Deputy Associate Director for
Recruitment and Hiring Policy, U.S. Office of Personnel Management,
Room 6551, 1900 E Street NW., Washington, DC 20415-9700.
Hand Delivery/Courier: OPM, Room 6551, 1900 E Street NW.,
Washington, DC 20415.
FOR FURTHER INFORMATION CONTACT: Gale Perryman by telephone on (202)
606-1143, by FAX on (202) 606-4430, by TDD on (202) 418-3134, or by
email at gale.perryman@opm.gov.
SUPPLEMENTARY INFORMATION: The U.S. Office of Personnel Management
(OPM) is proposing to revise the regulations in 5 CFR 213.3102(u)
governing the appointment of people with mental retardation, severe
physical disabilities, and psychiatric disabilities. Paragraph (u) of
section 213.3102 implements Executive Orders 12125 and 13124 to provide
a special hiring authority for people with intellectual disabilities,
severe physical disabilities, and psychiatric disabilities. This
Schedule A authority is subject to the general provisions of Subpart A,
5 CFR PART 213 for temporary and time-limited appointments. The
proposed revisions are described below:
Subpart C Excepted Schedules
On October 6, 2010, Congress enacted ``Rosa's Law,'' which changes
references from ``mental retardation'' or ``individuals with mental
retardation'' to ``intellectual disability'' or ``individual with
intellectual disability'' in various statutes the law amended and
required conforming changes in related regulations. Although Rosa's Law
is inapplicable to the President's creation of an excepted service
hiring authority for persons with specified disabilities, this statute
nevertheless prompted OPM to reconsider its own use of terminology. As
a result of that process, we propose to revise our language to replace
the term ``mental retardation'' with the currently more commonly used
term ``intellectual disability.'' We added a new paragraph (u)(2)
Definitions, to define ``intellectual disability'' as meaning only
those intellectual disabilities that would, under prior iterations of
this regulation, have been encompassed by the term ``mental
retardation.'' This addition causes all current paragraphs to change by
one number.
Section 213.3102(u)(3)(i) currently requires all applicants seeking
either a permanent or time-limited appointment to supply a
``certification of job readiness.'' This certification, which may be
prepared by one of the entities identified in 213.3102(u)(2), has been
used as the basis for determining that an applicant can reasonably be
expected to perform in a particular work environment. For instance, the
certification of readiness for an individual applying for a position as
an Administrative Assistant or Accountant might state that the
applicant ``is likely to succeed performing work in an office
environment.'' In the alternative, the current 213.3102(u)(3)(ii)
allows agencies to give individuals a temporary appointment to
establish their ability to perform in the relevant environment when the
certification of job readiness has not been provided.
We believe that a requirement that applicants provide a separate
``certification of job readiness'' is not necessary. Persons with
disabilities today often have work, educational, or other relevant
experience that an agency may rely upon to determine whether they are
likely to succeed in a particular work environment. Agencies also
possess the option of giving individuals a temporary appointment that
will allow them to establish their job readiness. In those
circumstances, the agency may convert the individual to a permanent
appointment, once it determines that the individual is able to perform
the duties of the position.
Elimination of the requirement that applicants supply a
certification of job readiness will speed the hiring process for
agencies and remove an unnecessary burden on applicants with
disabilities. This is consistent with the policy outlined in the
President's Memorandum of May 11, 2010 regarding the elimination of
unnecessary complexities and inefficiencies in the federal hiring
process.
The proposed section 213.3102(u)(4) provides for permanent or time-
limited appointment options when individuals have proof of disability
and an agency determines that they are ``job ready''--that is, that
they are likely to succeed in performing in the required work
environment. Under the proposed regulations, the agency determination
of job readiness may be based upon any
[[Page 6023]]
relevant work, educational, or other experience. Section 213.3102(u)(5)
addresses temporary employment options, mainly when a determination of
job readiness cannot be made based on an individual's prior work,
educational, or other experience. We propose to modify this section to
clarify the appropriate uses of the temporary employment option (i.e.
to determine job readiness, or when the duties to be performed are
truly of a short-term nature).
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 certain potential applicants and Federal employees.
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, Excepted Schedules.
U.S. Office of Personnel Management.
John Berry,
Director.
Accordingly, OPM is proposing to revise 5 CFR 213.3102 as follows:
PART 213--EXCEPTED SERVICE
1. The authority citation for part 213 is revised to read as
follows:
Authority: 5 U.S.C. 3161, 3301 and 3302; E.O. 10577, 3 CFR
1954-1958 Comp., p. 218; Sec. 213.101 also issued under 5 U.S.C.
2103. Sec. 213.3102 also issued under 5 U.S.C. 3301, 3302, 3307,
8337(h), and 8456; E.O. 13318, 3 CFR 1982 Comp., p. 185; 38 U.S.C.
4301 et seq.; Pub. L. 105-339, 112 Stat 3182-83; E.O. 13162; E.O.
12125, 3 CFR 1979 Comp., p. 16879; and E.O. 13124, 3 CFR 1999 Comp.,
p. 31103; and Presidential Memorandum--Improving the Federal
Recruitment and Hiring Process (May 11, 2010).
2. In Sec. 213.3102 revise paragraph (u) to read as follows:
Sec. 213.3102 Entire executive civil service.
* * * * *
(u) Appointment of persons with intellectual disabilities, severe
physical disabilities, or psychiatric disabilities--(1) Purpose. An
agency may appoint, on a permanent, time-limited, or temporary basis, a
person with an intellectual disability, a severe physical disability,
or a psychiatric disability according to the provisions described
below.
(2) Definition. ``Intellectual disabilities'' means only those
disabilities that would have been encompassed by the term ``mental
retardation'' in previous iterations of this regulation and the
associated Executive Order, Executive Order 12125, dated March 15,
1979.
(3) Proof of disability. (i) An agency must require proof of an
applicant's intellectual disability, severe physical disability, or
psychiatric disability prior to making an appointment under this
section.
(ii) An agency may accept, as proof of disability, appropriate
documentation (e.g., records, statements, or other appropriate
information) issued from a licensed medical professional (e.g., a
physician or other medical professional duly certified by a State, the
District of Columbia, or a U.S. territory, to practice medicine); a
licensed vocational rehabilitation specialist (State or private); or
any Federal agency, State agency, or an agency of the District of
Columbia or a U.S. territory that issues or provides disability
benefits.
(4) Permanent or time-limited employment options. An agency may
make permanent or time-limited appointments under this subsection where
an applicant supplies proof of disability as described in paragraph (3)
above and the agency determines that the individual is likely to
succeed in the performance of the duties of the position for which he
or she is applying. In determining whether the individual is likely to
succeed in performing the duties of his position, the agency may rely
upon the applicant's employment, educational, or other relevant
experience, including but not limited to service under another type of
appointment in the competitive or excepted services.
(5) Temporary employment options. An agency may make a temporary
appointment when:
(i) It is necessary to observe the applicant on the job to
determine whether the applicant is able or ready to perform the duties
of the position. When an agency uses this option to determine an
individual's job readiness, the hiring agency may convert the
individual to a permanent appointment in the excepted service whenever
the agency determines the individual is able to perform the duties of
the position; or
(ii) The work is of a temporary nature.
(6) Noncompetitive conversion to the competitive service. (i) An
agency may noncompetitively convert to the competitive service an
employee who has completed 2 years of satisfactory service under this
authority in accordance with the provisions of Executive Order 12125 as
amended by Executive Order 13124 and Sec. 315.709 of this chapter,
except as provided in (u)(6)(ii).
(ii) Time spent on a temporary appointment specified in paragraph
(u)(5)(ii) of this section does not count towards the 2-year
requirement.
* * * * *
[FR Doc. 2012-2660 Filed 2-6-12; 8:45 am]
BILLING CODE 6325-39-P