[Federal Register: June 30, 2006 (Volume 71, Number 126)]
[Rules and Regulations]
[Page 37489-37490]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30jn06-1]
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Rules and Regulations
Federal Register
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[[Page 37489]]
OFFICE OF PERSONNEL MANAGEMENT
5 CFR Parts 511 and 532
RIN 3206-AH38
Classification Under the General Schedule and Prevailing Rate
Systems
AGENCY: Office of Personnel Management.
ACTION: Direct final rule.
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SUMMARY: The Office of Personnel Management (OPM) is issuing final
regulations to remove obsolete references to OPM central and regional
offices from its classification and job grading appeals regulations.
DATES: This rule is effective September 28, 2006 without further
action, unless adverse comment is received by July 31, 2006. If adverse
comment is received, OPM will publish a timely withdrawal of the rule
in the Federal Register.
ADDRESSES: Send or deliver comments to Mark Doboga, Deputy Associate
Director, Center for Talent and Capacity Policy, Strategic Human
Resources Policy, U.S. Office of Personnel Management, Room 6551, 1900
E Street, NW., Washington, DC 20415-9700, e-mail to fedclass@opm.gov;
or fax to (202) 606-4891. Comments may also be sent 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.
FOR FURTHER INFORMATION CONTACT: Georgeanna Emery, by e-mail at
fedclass@opm.gov, by telephone at 202-606-3600, or by fax at 202-606-
4891.
SUPPLEMENTARY INFORMATION: The Office of Personnel Management (OPM) is
publishing a direct final rule to make nonsubstantive revisions to
parts 511 and 532 of title 5, Code of Federal Regulations. These
revisions are necessary to remove obsolete references to OPM central
and regional offices.
The specific sections of 5 CFR parts 511 and 532 to be revised are
Sec. Sec. 511.605(c), 511.613, 511.701(b)(2), 511.702(b), and
532.705(f). We are also revising the phrase ``pay position'' in the
first sentence of paragraph (c) of Sec. 511.702 to read ``pay of the
position.'' Pursuant to 5 U.S.C. 553(B), solicitation of comments
through the proposed rule process is not necessary due to the
nonsubstantive nature of the amendments, i.e., changes in
organizational titles and offices and a clerical error correction.
E.O. 12866, Regulatory Review
The Office of Management and Budget (OMB) has reviewed this rule in
accordance with E.O. 12866.
Regulatory Flexibility Act
I certify that these regulations would not have a significant
economic impact on a substantial number of small entities because they
would apply only to Federal agencies and employees.
List of Subjects in 5 CFR Parts 511 and 532
Administrative practice and procedure, Freedom of Information,
Government employees, Reporting and recordkeeping requirements, Wages.
Office of Personnel Management.
Linda M. Springer,
Director.
0
Accordingly, the Office of Personnel Management is amending parts 511
and 532 of title 5, Code of Federal Regulations, as follows:
PART 511--CLASSIFICATION UNDER THE GENERAL SCHEDULE
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1. The authority citation for part 511 continues to read as follows:
Authority: 5 U.S.C. 5115, 5338, 5351.
Subpart F--Classification Appeals
0
2. Revise paragraph (c) of Sec. 511.605 to read as follows:
Sec. 511.605 Time limits.
* * * * *
(c) Reconsideration. An employee or agency may request
reconsideration of an Office appellate decision. The request must be in
writing, and filed not later than 45 calendar days after the decision
is issued. This time limit may be waived under exceptional
circumstances by either the Director or the Director's designee.
0
3. Revise Sec. 511.613 to read as follows:
Sec. 511.613 Appeals reconsideration by the Office.
The Office may, at its discretion, reopen and reconsider a
certificate issued under this subpart.
(a) Requests which contain new and material information, or
disagreements over the significance of information, will be remanded to
the Director's designee for a decision.
(b) The Office may reopen and reconsider a decision only when
written argument or evidence is presented which establishes a
reasonable doubt concerning the technical accuracy of the decision.
Subpart G--Effective Dates of Position Classification Actions or
Decisions
0
4. Revise paragraph (b)(2) of Sec. 511.701 to read as follows:
Sec. 511.701 Effective dates generally.
* * * * *
(b) * * *
(2) The implementation of the certificate may be suspended when it
is determined before its effective date that a review of the
classification decision is warranted and suspension is desirable. The
determination to suspend implementation may be made by the Director or
the Director's designee. Suspending the implementation of a certificate
does not automatically change the effective date except when the
certificate requires that the grade or pay of the position be reduced
and the employee is not entitled to retained grade or pay.
* * * * *
0
5. Revise paragraphs (b) and (c) of Sec. 511.702 to read as follows:
Sec. 511.702 Agency or Office classification appeal decisions.
* * * * *
(b) The implementation of the decision may be suspended by the
Office when it determines before the effective date that a review of
the decision is warranted. The determination to suspend implementation
may be made by the Director or the Director's designee. Suspending the
implementation does not change the effective date of the
[[Page 37490]]
decision except when the original decision requires that the grade or
pay of the position be reduced and the employee is not entitled to
grade or pay retention.
(c) When the original decision requires that the grade or pay of
the position be reduced and the employee is not entitled to grade or
pay retention, the reviewing authority, if sustaining the original
decision, shall issue a new certificate and the effective date of the
new certificate shall be not earlier than the date of the new decision
and not later than the beginning of the fourth pay period following the
date of the new decision, unless a subsequent date is specifically
stated in the new decision.
PART 532--PREVAILING RATE SYSTEMS
0
6. The authority citation for part 532 continues to read as follows:
Authority: 5 U.S.C. 5343, 5346; Sec. 532.707 also issued under
5 U.S.C. 552.
0
7. Revise paragraph (f) of Sec. 532.705 to read as follows:
Sec. 532.705 Appeal to the Office of Personnel Management.
* * * * *
(f) The Office of Personnel Management may, at its discretion,
reopen and reconsider any job-grading decision made by the Office when
requested by an employee or an agency. This authority may be used under
circumstances such as the following:
(1) An employee or an agency presents material facts not previously
considered by the Office;
(2) There is room for reasonable doubt as to the appropriateness of
the decision; or
(3) The potential impact of a decision on similar jobs is
sufficiently significant to make further review of the decision
desirable.
* * * * *
[FR Doc. 06-5891 Filed 6-29-06; 8:45 am]
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