[Federal Register: October 28, 1997 (Volume 62, Number 208)] [Rules and Regulations] [[Page 55725]] ----------------------------------------------------------------------- OFFICE OF PERSONNEL MANAGEMENT 5 CFR Part 213 RIN 3206-AH91 Fellowship and Similar Appointments in the Excepted Service AGENCY: Office of Personnel Management. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Office of Personnel Management (OPM) is consolidating single-agency excepted service authorities for filling positions associated with fellowships, residencies, industry-exchange, student- stipend, and similar programs by establishing two Governmentwide authorities in their place. One authority covers fellowship-type programs, while the other applies to student employees who are paid stipends under special statutory provisions. EFFECTIVE DATE: November 28, 1997. FOR FURTHER INFORMATION CONTACT: Sylvia Cole on (202) 606-0830, TDD (202) 606-0023, or FAX (202) 606-2329. SUPPLEMENTARY INFORMATION: In OPM's continuing efforts to simplify the Federal appointment system, we are reducing the overall number of excepted service authorities. As part of this initiative we are reviewing all appointing authorities that were established to meet specific agency needs, to determine if exception is still appropriate. Where it is, we are identifying the situations where individual agency authorities share enough of a common basis that they can be consolidated into a single Governmentwide appointing authority that would apply to all agencies. On August 11, 1997 (62 FR 42943), OPM published proposed regulations to establish a new Schedule A authority 213.3102(r) that would consolidate single-agency authorities covering a variety of fellowship, internship, residency, industry-exchange and similar programs. We proposed to establish a separate Schedule A authority 213.3102(s) for positions filled by student-employees assigned to Government hospitals, clinics or medical or dental laboratories to whom agencies pay stipends authorized under 5 U.S.C. 5351-5356. These positions are placed in Schedule A because it is impracticable to examine for them. Our proposal also included a conforming amendment to the service limits on temporary appointments in 5 CFR 213.104, to include the two new appointing authorities in the list of exceptions cited in 5 CFR 213.104(b)(3)(ii). We received one comment from an agency in support of the proposed regulations and are adopting them as final regulations with no change. Documentation on SF-50, Notification of Personnel Action For appointments made under Schedule A, section 213.3102(r), fellowship and similar programs, agencies should cite Legal Authority Code W9S on the SF 50, Notification of Personnel Action. For appointments made under Schedule A, section 213.3102(s), student- employees paid stipends, agencies should use Legal Authority Code W9T. Regulatory Flexibility Act I certify that these regulations will not have a significant economic impact on a substantial number of small entities (including small businesses, small organizational units, and small governmental jurisdictions) because the regulations apply only to appointment procedures used to appoint certain employees in Federal agencies. List of Subjects in 5 CFR Part 213 Government employees, Reporting and recordkeeping requirements. U.S. Office of Personnel Management. Janice R. Lachance, Acting Director. Accordingly, OPM is amending 5 CFR part 213 as follows: PART 213--EXCEPTED SERVICE 1. The authority citation for part 213 continues to read as follows: Authority: 5 U.S.C. 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. 12364, 47 FR 22931, 3 CFR 1982 Comp., p. 185; and 38 U.S.C. 4301 et seq. 2. In Sec. 213.104 paragraph (b)(3)(ii) is revised to read as follows: Sec. 213.104 Special provisions for temporary, intermittent, or seasonal appointments in Schedule A, B, or C. * * * * * (b) * * * (3) * * * (ii) Positions are filled under an authority established for the purpose of enabling the appointees to continue or enhance their education, or to meet academic or professional qualification requirements. These include the authorities set out in paragraphs (r) and (s) of Sec. 213.3102 and paragraph (c) of Sec. 213.3202, and authorities granted to individual agencies for use in connection with internship, fellowship, residency, or student programs. * * * * * 3. In Sec. 213.3102, paragraphs (r) and (s) are added to read as follows: Sec. 213.3102 Entire executive civil service. * * * * * (r) Positions established in support of fellowship and similar programs that are filled from limited applicant pools and operate under specific criteria developed by the employing agency and/or a non- Federal organization. These programs may include: internship or fellowship programs that provide developmental or professional experiences to individuals who have completed their formal education; training and associateship programs designed to increase the pool of qualified candidates in a particular occupational specialty; professional/industry exchange programs that provide for a cross- fertilization between the agency and the private sector to foster mutual understanding, an exchange of ideas, or to bring experienced practitioners to the agency; residency programs through which participants gain experience in a Federal clinical environment; and programs that require a period of Government service in exchange for educational, financial or other assistance. Appointments under this authority may not exceed 4 years. [[Page 55726]] (s) Positions with compensation fixed under 5 U.S.C. 5351-5356 when filled by student-employees assigned or attached to Government hospitals, clinics or medical or dental laboratories. Employment under this authority may not exceed 4 years. * * * * * [FR Doc. 97-28437 Filed 10-27-97; 8:45 am] BILLING CODE 6325-01-P