Office of Personnel Management August 2008 – Federal Register Recent Federal Regulation Documents

This gives notice of OPM decisions granting authority to make appointments under Schedules A, B, and C in the excepted service as required by 5 CFR 6.6 and 213.103.

The Office of Personnel Management (OPM) is issuing final regulations to administer the Federal Employee Dental and Vision Benefits Enhancement Act of 2004, signed into law December 23, 2004. This law establishes dental and vision benefits programs for Federal employees, annuitants, and their eligible family members.

This notice publishes the 2007 interim adjustments for the Alaska and Caribbean Nonforeign Cost-of-Living Allowance (COLA) areas. The Federal Government conducts COLA surveys in Alaska, Hawaii, Guam, Puerto Rico, and the U.S. Virgin Islands to set COLA rates. These surveys are conducted once every 3 years on a rotating basis. In between COLA surveys, the Government adjusts COLA rates for the areas not surveyed using the relative change in the Consumer Price Index (CPI) for the COLA areas compared with the Washington-Baltimore CPI. The Alaska and Caribbean COLA areas were not surveyed in 2007; therefore, OPM is calculating and publishing interim adjustments for these COLA areas.

In accordance with the Paperwork Reduction Act of 1995 (Pub. L. 104-13, May 22, 1995), this notice announces that the Office of Personnel Management (OPM) submitted to the Office of Management and Budget (OMB) a request for clearance and use of Optional Form XX (OF- XX), Certificate of Medical Examination, a revision of Standard Form 78 (SF-78). The Certificate of Medical Examination is used by Federal agencies, OPM examining offices, and Federal agency appointing officials to determine medical qualifications for a specific position. We estimate approximately 45,000 forms will be completed each year. Each form requires from two to three hours to complete. The annual estimated burden is 135,000 hours. Comments: In the 60-Day Notice published in FR Vol. 71, No. 244, on December 20, 2006, we announced our request for review of a new information collection document, OF-XX, Certificate of Medical Examination. OPM invited receipt of public comment on the Optional Form by February 19, 2007, and received comments from three Federal agencies. All changes and recommendations were considered and incorporated as appropriate into the final OF-XX. A discussion of the comments is provided below. One agency inquired why OPM was revising the current SF-78. Revision and replacement is necessary because the SF-78 is no longer accurate. Revisions include making the form optional for agencies to use at their discretion, rather than required; to delete outdated references, such as the Federal Personnel Manual; and to incorporate changes required by 29 CFR 1630.13, which relates to prohibited medical inquiries and examinations related to the Equal Employment Opportunity provisions of the Americans with Disabilities Act. One agency requested that the revised form (OF-XX) be posted to the existing OPM forms Web site; that the form be electronically fillable; and that additional space be provided on the form for a description of employee duties. The OF-XX will be made available on the OPM forms Web site and will be made electronically fillable. Additional space has been provided in Part B of the form for an explanation of employee duties in the subject position. One agency requested that OPM provide adequate space for the clinician to comment on positive findings. OPM added supplemental space to the ``Conclusion'' section in Part C of the OF-XX. One agency requested that OPM reformat Part A to allow added room for names; to create separate and distinct parts; to change ``glasses'' to ``corrective lenses''; to add check boxes to areas where an examiner may document his or her interpretation of test results; and to clearly delineate vision and hearing boxes by moving instructions inside of the boxes where results are to be recorded. OPM addressed these concerns in the development of the OF-XX. For copies of this proposal, contact Margaret A. Miller on (202) 606-2699, Fax (202) 418-3251 or e-mail to mamiller@opm.gov. Please include a mailing address with your request.

The U.S. Office of Personnel Management (OPM) is issuing final regulations that provide agencies with the option of establishing a reduction in force (RIF) competitive area that only includes pay band positions. An agency has this option when a RIF competitive area otherwise includes pay band positions and other positions that are not covered by one or more pay bands.

The U.S. Office of Personnel Management is issuing a final rule to update the 2002 North American Industry Classification System (NAICS) codes currently used in Federal Wage System wage survey industry regulations with the 2007 NAICS revisions published by the Office of Management and Budget.