[Federal Register: August 20, 2007 (Volume 72, Number 160)]
[Proposed Rules]
[Page 46410-46411]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20au07-11]
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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.
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[[Page 46410]]
OFFICE OF PERSONNEL MANAGEMENT
5 CFR Parts 315 and 316
RIN 3206-AL29
Disabled Veterans Documentation
AGENCY: Office of Personnel Management
ACTION: Proposed rule.
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SUMMARY: The Office of Personnel Management (OPM) proposes to revise
its regulation regarding documentation required for noncompetitive
temporary and term appointments, and conversion of 30 percent or more
disabled veterans from nonpermanent appointments. The intended purpose
of this change is to provide consistency with the policy of the
Department of Veterans Affairs (VA).
DATES: We will consider comments received on or before October 19,
2007.
ADDRESSES: You may submit comments through the Federal eRulemaking
Portal at: http://www.regulations.gov. All submissions received through
the Portal must include the agency name and docket number or Regulation
Identifier Number (RIN) for this rulemaking.
You may also send or deliver written comments to Deputy Associate
Director for Talent and Capacity Policy, U.S. Office of Personnel
Management, Room 6551, 1900 E Street, NW., Washington, DC 20415-9700;
(202) 606-2329.
FOR FURTHER INFORMATION CONTACT: Darlene Phelps by telephone at (202)
606-0830; by TTY at (202) 606-3134; by fax at (202) 606-0390; or by e-
mail at Darlene.Phelps@opm.gov.
SUPPLEMENTARY INFORMATION: The Department of Veterans Affairs (VA)
considers any VA disability letter issued in 1991 or later as proof of
a permanent disability, unless the letter specifically states
otherwise. We are modifying sections 316.302(b)(4) and 316.402(b)(4),
and 315.707(a)(2)(ii) and (iii) to be consistent with VA's policy.
These modifications will clarify that a 30 percent or more disabled
veteran, who has proof of disability from the VA dated 1991 or later is
eligible for a noncompetitive temporary or term appointment. The
employee may be noncompetitively converted to the competitive service
at any time during such an appointment. In addition, we are adding a
reference to section 315.707(a)(2)(ii) and (iii) to include disability
determinations from a branch of the Armed Forces, as these entities may
also certify the existence of 30 percent or more disability.
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 would apply
only to Federal agencies and employees.
Paperwork Reduction Act
The information collection requirements contained in this proposed
rule are currently approved by OMB under 3206-0001. This proposed
regulation does not seek to modify this approved collection.
List of Subjects in 5 CFR Parts 315 and 316
Government employees.
U.S. Office of Personnel Management.
Linda M. Springer,
Director.
Accordingly, OPM proposes to amend 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;
sections 315.601 and 315.609 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. Section
315.608 also issued under E.O. 12721, 3 CFR, 1990 Comp., p. 293.
Section 315.610 also issued under 5 U.S.C. 3304(d). Section 315.611
also issued under Section 511, Pub. L. 106-117, 113 Stat. 1575-76
Section 315.708 also issued under E.O. 13318. Section 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 Sec. 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 rated by the Department of Veterans Affairs 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 Sec. 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 of 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 Sec. 316.402 revise paragraph (b)(4) to read as follows:
Sec. 316.402 Procedures for making temporary appointments.
(b) * * *
[[Page 46411]]
(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 of 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. E7-16285 Filed 8-17-07; 8:45 am]
BILLING CODE 6325-39-P