[Federal Register: May 3, 2000 (Volume 65, Number 86)]
[Rules and Regulations]               
[Page 25623]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03my00-1]                         


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Rules and Regulations
                                                Federal Register
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[[Page 25623]]



OFFICE OF PERSONNEL MANAGEMENT

5 CFR Part 351

RIN 3206-AI99

 
Reduction in Force Notices

AGENCY: Office of Personnel Management.

ACTION: Final regulation.

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SUMMARY: The Office of Personnel Management (OPM) is issuing a final 
rule to remove the regulations requiring 120 day reduction in force 
notices for certain Department of Defense employees because the 
implementing statute is expiring.

EFFECTIVE DATE: This regulation is effective on June 2, 2000.

FOR FURTHER INFORMATION, CONTACT: Jacqueline Yeatman on (202) 606-0960, 
FAX (202) 606-2329, TDD (202) 606-0023 or by email at jryeatma@opm.gov

SUPPLEMENTARY INFORMATION: The regulations in paragraph (a)(2) of 
section 351.801 of 5 CFR part 351 were published on June 8, 1993, 
implementing section 4433 of the National Defense Authorization Act for 
Fiscal Year 1993 (Pub. L. 102-484). The statute provided that 
Department of Defense employees who received reduction in force notices 
between January 20, 1993, and January 31, 1998, were entitled to a 120 
day notice period if a significant number of employees were affected. 
Later, Public Law 103-337 was enacted. This law extended the 
requirement for a longer notice period until January 31, 2000. Because 
this section of the Public Law is expiring, OPM is deleting the 
regulatory material in 5 CFR part 351 that contains these requirements.

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 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 351

    Administrative practice and procedure, Government Employees.

Office of Personnel Management.
Janice R. Lachance,
Director.

    Accordingly, the Office of Personnel Management is amending 5 CFR 
part 351 as follows:

PART 351--REDUCTION IN FORCE

    1. The authority citation for part 351 continues to read as 
follows:

    Authority: 5 U.S.C. 1302, 3502, 3502; sec. 351.801 also issued 
under E.O. 12828, 58 FR 2965.

Subpart H--Notice to Employee

    2. In Sec. 351.801, paragraph (a)(1) is revised, paragraph (a)(2) 
is removed, paragraph (a)(3) is redesignated as paragraph (a)(2), and 
paragraph (b) is revised to read as follows:


Sec. 351.801  Notice period.

    (a)(1) Each competing employee selected for release from a 
competitive level under this part is entitled to a specific written 
notice at least 60 full days before the effective date of release.
* * * * *
    (b) When a reduction in force is caused by circumstances not 
reasonably foreseeable, the Director of OPM, at the request of an 
agency head or designee, may approve a notice period of less than 60 
days. The shortened notice period must cover at least 30 full days 
before the effective date of release. An agency request to OPM shall 
specify:
    (1) The reduction in force to which the request pertains;
    (2) The number of days by which the agency requests that the period 
be shortened;
    (3) The reasons for the request; and
    (4) Any other additional information that OPM may specify.
* * * * *
    3. In Sec. 351.805, paragraph (a) is revised to read as follows:


Sec. 351.805  New notice required.

    (a) An employee is entitled to a written notice of at least 60 full 
days if the agency decides to take an action more severe than first 
specified.
* * * * *
[FR Doc. 00-10988 Filed 5-2-00; 8:45 am]
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