Hiring Authority for Post-Secondary Students

Published date18 August 2021
Record Number2021-17638
SectionRules and Regulations
CourtPersonnel Management Office
This section of the FEDERAL REGISTER
contains regulatory documents having general
applicability and legal effect, most of which
are keyed to and codified in the Code of
Federal Regulations, which is published under
50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by
the Superintendent of Documents.
Rules and Regulations Federal Register
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Vol. 86, No. 157
Wednesday, August 18, 2021
OFFICE OF PERSONNEL
MANAGEMENT
5 CFR Parts 315, 316, and 330
RIN 3206–AN86
Hiring Authority for Post-Secondary
Students
AGENCY
: Office of Personnel
Management.
ACTION
: Interim rule with request for
comments.
SUMMARY
: The Office of Personnel
Management (OPM) is issuing an
interim rule, with an opportunity for
comment, to amend its career and
career-conditional employment
regulations. The revision is necessary to
implement section 1108 of the John S.
McCain National Defense Authorization
Act (NDAA) for Fiscal Year (FY) 2019,
which requires OPM to issue
regulations, in interim final form,
implementing hiring authorities that
allow agencies to hire certain post-
secondary students into positions at
specified grades in the competitive
service. The intended effect of the
authority is to provide additional
flexibility in hiring eligible and
qualified individuals.
DATES
:
Effective date: This interim rule is
effective September 17, 2021.
Comments due date: OPM must
receive comments on or before October
18, 2021.
ADDRESSES
: You may submit comments,
identified by the docket number or
Regulation Identifier Number (RIN) for
this proposed rulemaking, by the
following method:
Federal eRulemaking Portal: http://
www.regulations.gov. Follow the
instructions for sending comments.
All submissions must include the
agency name and docket number or RIN
for this rulemaking. Please arrange and
identify your comments on the
regulatory text by subpart and section
number; if your comments relate to the
supplementary information, please refer
to the heading and page number. All
comments received will be posted
without change, including any personal
information provided. Please ensure
your comments are submitted within
the specified open comment period.
Comments received after the close of the
comment period will be marked ‘‘late,’’
and OPM is not required to consider
them in formulating a final decision.
Before acting on this proposal, OPM
will consider all comments we receive
on or before the closing date for
comments. Changes to this proposal
may be made in light of the comments
we receive.
FOR FURTHER INFORMATION CONTACT
:
Monica Butler at (202) 606–0960, by fax
at (202) 606–4430, TDD at (202) 418–
3134, or by email at employ@opm.gov.
SUPPLEMENTARY INFORMATION
: On August
13, 2018, the President signed Public
Law 115–232, the National Defense
Authorization Act (NDAA) for Fiscal
Year 2019 (i.e., the Act). Section 1108 of
the Act established a new hiring
authority, codified at 5 U.S.C. 3116, for
appointing certain post-secondary
students to certain positions in the
competitive service. This section also
directs OPM to issue regulations to
implement this authority. Section 1108
of the Act also established a hiring
authority for appointments of college
graduates. OPM is issuing regulations to
implement the hiring authority for
college graduates in a separate
notification. (New section 3116 was
amended by Pub. L. 116–92, the NDAA
for Fiscal Year 2020, which modified 5
U.S.C. 3116(d)(1).)
OPM is issuing interim regulations,
with an opportunity for comments, that
will create a new subpart I of part 316,
title 5, Code of Federal Regulations
(CFR), and revise part 330 Recruitment,
Selection, and Placement (General).
The interim rule for post-secondary
students allows agencies to make time-
limited appointments per the statute of
eligible individuals directly into the
competitive service, without regard to 5
U.S.C. 3309–3319 and 3330. Readers
should note that this new hiring
authority is separate and distinct from
the programs authorized under the
Executive Order 13562 (establishing the
Pathways Programs, which provide for
appointments in the excepted service
for Interns, Recent Graduates, and
Presidential Management Fellows as
described in 5 CFR part 362).
When using this authority, agencies
must provide public notification and
follow merit system principles, in
accordance with Section 1108, as
codified at 5 U.S.C. 3116 (The merit
system principles are codified at 5
U.S.C. 2301). Because section 1108 of
the Act waives the requirement for OPM
to post a vacancy to be filled under this
authority that would otherwise apply (5
U.S.C. 3330), agencies are not required
to use www.USAJOBS.gov (i.e.,
USAJOBS) to provide notice of these
vacancies. Agencies may wish to use
USAJOBS, nevertheless, in light of that
system’s ability to assist with the
requirement to collect demographic
information. Agencies must advertise
positions in a manner that provides for
‘‘diverse and qualified applicants,’’ 5
U.S.C. 3116(c)(2)(B), ‘‘ensure[s] that
potential applicants have appropriate
information relevant to the position
being filled,’’ id. at 3116(c)(2)(C), and
adhere[s] to merit system principles,’’
id. at 3116(c)(2)(A). As indicated in 5
U.S.C. 3116, agencies must determine
whether an applicant meets the
eligibility requirements for the Post-
Secondary Students hiring authority
before giving that applicant further
consideration. Agencies must then
assess whether an eligible applicant
meets the government-wide (i.e., OPM-
established) or OPM-approved agency-
specific minimum qualification
standard for the position being filled.
Agencies are not required to provide
selection priority to eligible and
qualified applicants entitled to selection
priority in accordance with 5 CFR part
330, subparts F and G, pertaining to
Agency Career Transition Assistance
Plans (CTAP) and Interagency Career
Transition Assistance Plans (ICTAP).
OPM has revised these subparts to
include exceptions to these provisions
when appointments are made using this
Post-Secondary Student authority.
OPM has revised 5 CFR part 315,
subpart G, to provide for non-
competitive conversion of Post-
Secondary students.
Section 1108 of the Act also allows
agencies to make appointments without
regard to any provision of 5 U.S.C. 3309
through 3319. An agency may select any
eligible individual who meets each
minimum qualification standard,
without regard to the application of
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veterans’ preference, but, in accordance
with new section 3116(c)(2)(A), must
adhere to merit system principles, 5
U.S.C. 2301, in so doing. Agencies may
appoint individuals under this authority
to time-limited appointments in the
competitive service at the grade levels
specified in 5 U.S.C. 3116.
OPM is adding a new § 316.901
Agency authority establishing that an
agency may noncompetitively appoint
an eligible and qualified post-secondary
student to any position in the
competitive service, on a time-limited
basis, at the General Schedule (GS) 11
level or below (or equivalent). An
agency may appoint individuals, on a
time-limited basis, to a temporary
appointment (for an initial period not to
exceed 1 year), or a term appointment
(for an initial period expected to last
more than 1 year but less than 4 years),
to coincide with the individual’s
academic curriculum and calendar. In
either case, an agency may extend an
initial appointment for a period that
will allow the student to complete his
or her degree requirements, provided
the criteria for the student appointment
continue to be met. Appointments made
under this authority, however, are
nevertheless subject to the time
limitations in 5 CFR part 316, unless the
agency obtains OPM’s permission to
extend in individual cases. For example,
an agency hires a student who is
expected to complete his or her degree
within 8 months. The agency would
place the student on a temporary
appointment (i.e., the initial
appointment is expected to last for up
to 1 year). If the student takes longer
than expected to complete his or her
degree, the agency may extend the
initial appointment for up to an
additional year, for a total of 24 months.
Any extensions beyond 24 months
would require OPM approval. As
another example an agency hires a
student who is expected to complete his
or her degree within 18 months. The
agency would place the student on a
term appointment not to exceed 4 years
(i.e., the initial appointment is expected
to last for more than 1 year but not more
than 4 years). If the student takes longer
than expected to complete his or her
degree, the agency may extend the
initial appointment up to the 4-year
limit in increments determined by the
agency. The public notification should
state that the agency has the option of
extending a term appointment made
under these provisions up to the 4-year
limit. Any extensions beyond the 4-year
limit would require OPM approval.
Following publication of this rule, OPM
will consider crafting a proposed rule to
permit delegation of such extensions to
agency heads.
Interim § 316.902 Eligibility defines an
eligible post-secondary student as an
individual who is enrolled or accepted
for enrollment in an institution of
higher education and pursuing a
baccalaureate or graduate degree on at
least a part-time basis as determined by
the academic institution. An institution
of higher education is an entity defined
by the Higher Education Act of 1965, in
a section codified at 20 U.S.C. 1001(a).
Interim § 316.903 Qualifications
explains that individuals appointed
under this authority must meet the
government-wide OPM-prescribed
minimum qualification standard, or
OPM-approved agency-specific
qualification standard, for the position
being filled.
Interim § 316.904 Classification
establishes that positions filled under
this authority must be classified under
the General Schedule or appropriate pay
plan to the –99 series of the appropriate
occupational group. This section also
explains that positions filled under the
Federal Wage System must be classified
to the –01 series of the appropriate
occupational group. Agencies may refer
to OPM’s, ‘‘Introduction to the Position
Classification Standards’’ at https://
www.opm.gov/policy-data-oversight/
classification-qualifications/classifying-
general-schedule-positions/
positionclassificationintro.pdf for a
definition of these positions. In
addition, agencies can refer to the
‘‘Handbook of Occupational Groups and
Families’’ available at https://
www.opm.gov/policy-data-oversight/
classification-qualifications/classifying-
general-schedule-positions/
occupationalhandbook.pdf.
Students may not be promoted while
serving on the temporary appointment
(i.e., an appointment not expected to
exceed 1 year). Students may be
converted to a new temporary
appointment at a higher grade/band
level provided the student meets the
qualification requirements for the higher
grade/band position.
Interim § 316.905 Public notification
contains the public notification
requirements agencies must follow
when using this provision. This section
explains that if an agency using this
authority does not use USAJOBS to post
the position, it must post a job
announcement on its home page, or at
a minimum, provide a link displayed on
the hiring agency’s website to the job
announcement. Agencies are free to
additionally post announcements
directly on 3rd party recruitment
boards, (e.g., LinkedIn, Monster, Yello)
as long as the agency’s homepage also
includes a link to a specific
announcement. This section also
explains that the job announcement
must include information about the
position being filled to include: The
position’s title, series, grade level,
minimum qualifications, and geographic
location; the position’s salary; whether
the position will be filled on a
temporary or term basis (and in the case
of a term appointment whether they
agency will extend the appointment up
to the 4-year limit); whether individuals
in the position will be eligible for
promotion; the potential for conversion
to the agency’s permanent workforce;
and any pertinent flexibilities that may
be offered in conjunction with the
position (e.g., telework opportunities or
student loan repayments); and
information on how to apply. This
section also requires the agency to
adhere to the merit system principles
and perform appropriate recruiting and
advertising activities to foster a diverse
and qualified applicant pool when using
the authority.
Interim § 316.906 Acquisition of
competitive status explains that
competitive status is acquired only
upon completion of a probationary
period (in accordance with 5 CFR part
315, subpart H), after any non-
competitive conversion to a permanent
appointment pursuant to this subpart.
Time spent on a time-limited
appointment under this subpart may
count toward fulfillment of the
probationary period in accordance with
5 CFR 315.802(b).
Interim § 316.907 Tenure upon
appointment states that an individual
appointed under this provision becomes
a career or career-conditional employee
only upon completion of the
individual’s academic requirements and
non-competitive conversion to a
permanent appointment, unless the
individual has already satisfied the
requirements for career tenure or is
exempt from the service requirement in
§ 315.201.
Interim § 316.908 Break in program
defines break in program as a period of
time when a student is working but is
unable to go to school or is neither
attending classes nor working at the
agency. The intent of the program is for
students to either attend classes, work at
the agency or both. An agency may use
its discretion in either approving or
denying a request for a break in
program.
Interim § 316.909 Promotion explains
that post-secondary students appointed
for an initial period expected to last
more than 1 year but less than 4 years
under this part may be promoted
noncompetitively provided the
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individual meets the qualification
requirements for the higher grade
position and time in grade requirements
in 5 CFR part 300, subpart F, and the job
announcement used to fill the original
position mentioned the possibility of
promotions to higher grade levels.
Students on initial appointments for
less than 1 year are not eligible for
promotion.
Interim § 316.910 Conversion
establishes that an agency may convert
a post-secondary student to a permanent
appointment in the competitive service,
within that same agency, without
further competition if the student has
completed the course of study leading to
a baccalaureate or graduate degree and
meets the qualification standards for the
position to which converted. We have
added § 315.201(b)(1)(xvii) to indicate
that upon conversion, the time served
by a post-secondary student under this
authority is creditable toward career
tenure and may count towards
fulfillment of the probationary period in
accordance with § 315.802(b).
Interim § 316.911 Reduction in Force
(RIF), specifies the tenure groups that
post-secondary students are placed in
for purposes of 5 CFR part 351.
Individuals whose initial appointment
is for a period not to exceed 1 year are
placed in tenure group 0. Individuals
whose initial appointment is for a
period expected to last more than 1 year
are placed in tenure group III for
purposes of 5 CFR part 351.
Interim § 316.912 Termination
explains that any appointment made
under this authority expires upon the
not-to exceed date of that appointment,
unless the agency extends the
appointment prior to expiration, if not
earlier. An agency must terminate the
appointment of a student after
completion of the individual’s academic
course of study, unless the student is
noncompetitively converted to a
permanent position in the competitive
service as specified in interim § 316.914.
Interim § 316.913 Numerical limit on
the number of appointments describes
the restrictions on the number of
appointments an agency may make
using this authority in a fiscal year (FY).
Section 1115 of the NDAA for FY2020
amended 5 U.S.C. 3116(d), limiting the
total number of students eligible to be
appointed under the expedited hiring
authority for post-secondary students.
This section specifies that the number of
appointments in any FY may not exceed
15 percent of the number of students
appointed during the previous fiscal
year to positions at the GS–11 level, or
below (or equivalent). An appointing
agency may not count appointments
made using direct hire authorities, non-
competitive authorities, excepted
service authorities (except Pathways
Internship Program appointments under
§ 213.3402 (a) and 5 CFR part 362,
subpart B), or selections under merit
promotion authorities, when
establishing the limit for a given fiscal
year. An agency must count hires
through programs that provide for
conversion to the competitive service
after a trial period, such as the Pathways
Intern Program. In calculating this
limitation agencies may round up or
down to the nearest whole number, if
necessary, to eliminate a decimal place.
Values ending in ‘‘.5’’ or more may be
rounded up to the nearest whole
number in determining an agency’s cap
limitation. Values ending in less than
‘‘.5’’ should be rounded down to the
nearest whole number in determining
an agency’s limitation. For example,
15% of 217 is 32.55, which should be
rounded up to 33 or 15% of 235 is
35.25, which should be rounded down
to 35. This section also provides that
OPM may establish a lower percentage
limitation based on any factor OPM
deems appropriate. OPM shall notify
agencies via the OPM website and other
venues (such as the Chief Human
Capital Officer’s Council) of any
changes to the numerical limitation,
applicable governmentwide. Changes to
the numerical limit for an individual
agency will be communicated directly
to the agency.
Interim § 316.914 Reporting
Requirements, in paragraph (a),
describes the type of data and frequency
at which agencies must provide
information to the Congress and OPM
on their use of this authority. Agencies
will be required to provide data on the
total number of appointments; the grade
levels and occupational series of the
positions filled; the numerical limit
established for the authority; the
number of those appointed who have
been separated; recruitment activities;
and any difficulties encountered in
using the authority. OPM will provide
written guidance, around the time this
rule is published, describing the means
by which agencies should collect this
information, the timing of such
collections, and the groups as to which
information should be collected.
Interim § 316.914(b) establishes that
OPM may request from agencies any
additional information it deems
necessary to further evaluate the impact
and effectiveness of this authority.
Interim § 316.915 describes the
special provisions on the use of the
authority by Department of Defense
(DoD) in relation to other DoD specific
hiring authorities.
Waiver of Proposed Rulemaking
Section 3116 of title 5, U.S. Code, as
enacted by section 1108 of Public Law
115–232, the John S. McCain National
Defense Authorization Act (NDAA) for
Fiscal Year (FY) 2019, directs this
rulemaking shall be through ‘‘interim
regulations, with an opportunity to
comment.’’ Therefore, the general notice
of proposed rulemaking typically
required under 5 U.S.C. 553(b) and
1103(b) is statutorily waived for this
rule.
Expected Impact of This Interim Rule
This statute provides Federal agencies
with authority to hire interns under a
new scheme designed to facilitate an
effective pipeline of new prospects for
potential permanent appointment to
help sustain the Federal workforce.
OPM is issuing this rule to implement
5 U.S.C. 3116. This statute establishes a
hiring authority for interns into
positions at specified grade levels in the
competitive service. This regulation
allows agencies to make appointments
of post-secondary students directly into
the competitive service positions,
without regard to rating, ranking,
veterans’ preference, and public notice
provisions in 5 U.S.C. 3309–3319 and
3330. The purpose of the authority is to
provide a useful tool as part of an
overall strategy to implement strategic
workforce and recruitment plans.
Costs
This interim final rule will affect the
operations of over 80 Federal agencies—
ranging from cabinet-level departments
to small independent agencies. We
estimate that this rule will require
individuals employed by these agencies
to develop policies and procedures to
implement the rule and perform
outreach and recruitment activities
when using the authority. For the
purpose of this cost analysis, the
assumed average salary rate of Federal
employees performing this work will be
the rate in 2021 for GS–14, step 5, from
the Washington, DC, locality pay table
($138,866 annual locality rate and
$66.54 hourly locality rate). We assume
that the total dollar value of labor,
which includes wages, benefits, and
overhead, is equal to 200 percent of the
wage rate, resulting in an assumed labor
cost of $133.08 per hour.
In order to comply with the regulatory
changes in this interim final rule,
affected agencies will need to review the
rule and update their policies and
procedures. We estimate that, in the first
year following publication of the final
rule, this will require an average of 250
hours of work by employees with an
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average hourly cost of $133.08. This
would result in estimated costs in that
first year of implementation of about
$33,270 per agency, and about
$2,661,600 in total Governmentwide.
We do not believe this rule will
substantially increase the ongoing
administrative costs to agencies
(including the administrative costs of
administering the program and hiring
and training new staff).
Benefits
This authority will allow agencies to
use strategic recruiting to hire post-
secondary students to fill professional
and administrative positions at general
schedule (GS) 11 level and below. When
using the authority agencies will have
additional flexibility in how these
students are hired. Federal agencies
would determine recruitment sources
and processes for the solicitation of
applications and would be held
responsible for merit-based selections.
This authority when combined with
agencies strategic recruitment plans may
help agencies better recruit to fill
mission critical occupations.
This flexibility is critical to agencies’
ability to continue to meet current and
future mission needs. Intern programs
allow agencies to hire students, while in
school, and provide them with on-the-
job training to prepare them for a career
in the Federal Government. It also
introduces students to the wide range of
occupations and employment
opportunities that the Federal
Government employs and offers. In FY
2020, the Federal Government hired
fewer than 5,925 students Government-
wide (a small portion of the number of
interns hired under other authorities).
The low number of intern hires is
insufficient to build the pipeline needed
to sustain the Federal Workforce.
Executive Order 12866
Executive Order 12866 directs
agencies to assess all costs and benefits
of available regulatory alternatives and,
if regulation is necessary, to select
regulatory approaches that maximize
net benefits (including potential
economic, environmental, public health
and safety effects, distributive impacts,
and equity). In accordance with the
provisions of Executive Order 12866,
this rule was reviewed by the Office of
Management and Budget as a
significant, but not economically
significant rule.
Regulatory Flexibility Act
The Director of the Office of
Personnel Management certifies that
this rule will not have a significant
economic impact on a substantial
number of small entities.
Federalism
This regulation will not have
substantial direct effects on the States,
on the relationship between the
National Government and the States, or
on distribution of power and
responsibilities among the various
levels of government. Therefore, in
accordance with Executive Order 13132,
it is determined that this rule does not
have sufficient federalism implications
to warrant preparation of a Federalism
Assessment.
Civil Justice Reform
This regulation meets the applicable
standard set forth in Executive Order
12988.
Unfunded Mandates Reform Act of
1995
This rule will not result in the
expenditure by state, local, and tribal
governments, in the aggregate, or by the
private sector, of $100 million or more
in any year and it will not significantly
or uniquely affect small governments.
Therefore, no actions were deemed
necessary under the provisions of the
Unfunded Mandates Reform Act of
1995.
Congressional Review Act
Subtitle E of the Small Business
Regulatory Enforcement Fairness Act of
1996 (known as the Congressional
Review Act or CRA) (5 U.S.C. 801 et
seq.) requires rules to be submitted to
Congress before taking effect. OPM will
submit to Congress and the Comptroller
General of the United States a report
regarding the issuance of this rule before
its effective date, as required by 5 U.S.C.
801. The Office of Information and
Regulatory Affairs in the Office of
Management and Budget has
determined that this rule is not a major
rule as defined by the CRA (5 U.S.C.
804). The Office of Information and
Regulatory Affairs in the Office of
Management and Budget has
determined that this rule is not a major
rule as defined by the CRA (5 U.S.C.
804).
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3521)
This final regulatory action will not
impose any additional reporting or
recordkeeping requirements under the
Paperwork Reduction Act.
List of Subjects in 5 CFR Parts 315, 316
and 330
Government employees.
Office of Personnel Management.
Steve Hickman,
Federal Register Liaison.
Accordingly, OPM is amending parts
315, 316, and 330 of title 5, Code of
Federal Regulations, 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, 2301, 2302, 3301,
and 3302; E.O. 10577, 3 CFR, 1954–1958
Comp. p. 218, unless otherwise noted; E.O.
13162, and E.O. 13839. Secs. 315.601 and
315.609 also issued under 22 U.S.C. 3651 and
3652. Secs. 315.602 and 315.604 also issued
under 5 U.S.C. 1104. Sec. 315.603 also issued
under 5 U.S.C. 8151. Sec. 315.605 also issued
under E.O. 12034, 3 CFR, 1978 Comp. p.111.
Sec. 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. Sec.
315.608 also issued under E.O. 12721, 3 CFR,
1990 Comp. p. 293. Sec. 315.610 also issued
under 5 U.S.C. 3304(c). Sec. 315.611 also
issued under 5 U.S.C. 3304(f). Sec. 315.612
also issued under E.O. 13473. Sec. 315.708
also issued under E.O.13318, 3 CFR, 2004
Comp. p. 265. Sec. 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 B—The Career-Conditional
Employment System
2. Amend § 315.201 by:
a. Removing the word ‘‘and’’ at the
end of paragraph (b)(1)(xv);
b. Removing the period at the end of
paragraph (b)(1)(xvi) and adding ‘‘; and’’
in its place; and
c. Adding paragraph (b)(1)(xvii).
The addition reads as follows:
§ 315.201 Service requirement for career
tenure.
* * * * *
(b) * * *
(1) * * *
(xvii) The date of a time-limited post-
secondary student appointment under
subpart F of this part provided the
appointment is converted to career or
career-conditional appointment under 5
CFR part 316, subpart I.
* * * * *
Subpart G—Conversion to Career or
Career-Conditional Employment From
Other Types of Employment
3. Add § 315.714 to read as follows:
§ 315.714 Conversion based on service in
a post-secondary student appointment
under part 316, subpart I, of this chapter.
(a) Agency authority. An agency may
convert to a career or career-conditional
appointment from a time-limited
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appointment pursuant to 5 CFR part
316, subpart I, without further
competition.
(b) Eligibility. To be eligible for
conversion the post-secondary student
must:
(1) Have completed the course of
study leading to the baccalaureate or
graduate degree (or certificate as
appropriate);
(2) Have completed not less than 640
hours of current continuous
employment in an appointment under
§ 316.902 of this chapter;
(3) Meet the OPM qualification
standards for the position to which the
student will be converted; and
(4) Meet the time-in-grade
requirements in accordance with 5 CFR
part 300, subpart F.
(c) Tenure on conversion. An
employee whose employment to career
or career-conditional employment under
this section becomes:
(1) A career-conditional employee
except as provided in paragraph (c)(2) of
this section; or
(2) A career employee when he or she
has completed the service requirement
for career tenure or is excepted from it
by § 315.201(c).
(d) Acquisition of competitive status.
A post-secondary student converted
from time limited employment under
this section acquires competitive status
upon completion of probation.
PART 316—TEMPORARY AND TERM
EMPLOYMENT
4. Revise the authority citation for part
316 to read as follows:
Authority: 5 U.S.C. 3116, 3301, 3302; E.O.
10577, 3 CFR, 1954–1958 Comp., p. 218.
5. Add subpart I, consisting of
§§ 316.901 through 316.915, to read as
follows:
Subpart I—Hiring Authority for Post-
Secondary Students
Sec.
316.901 Appointment authority.
316.902 Eligibility.
316.903 Qualifications.
316.904 Classification.
316.905 Public notification.
316.906 Acquisition of competitive status.
316.907 Tenure upon appointment.
316.908 Breaks in program.
316.909 Promotion.
316.910 Conversion.
316.911 Reduction in force.
316.912 Termination.
316.913 Numerical limit on the number of
appointments.
316.914 Reporting requirement.
316.915 Special provisions for Department
of Defense.
§ 316.901 Appointment authority.
In accordance with the provisions of
this section, an agency may make a
time-limited appointment of an eligible
and qualified post-secondary student, to
any position in the competitive service,
at the General Schedule (GS) 11 level or
below (or equivalent), without regard to
the provisions of 5 U.S.C. 3309 through
3319 and 3330. An agency may appoint
an individual for an initial period not to
exceed 1 year, or for an initial period
expected to last more than 1 year but
less than 4 years, in accordance with
§§ 316.401(c)(1) and 316.301(a) and (b),
respectively, to coincide with the
individual’s academic curriculum. In
either case an agency may extend or
seek extension from OPM, as
appropriate in accordance with this
part, of an initial appointment for a
period that will allow the post-
secondary student to complete his or
her academic requirements leading to
the awarding of a degree or certificate,
as appropriate.
§ 316.902 Eligibility.
A post-secondary student means an
individual who:
(a) Is enrolled or accepted for
enrollment in an institution of higher
education as defined by the Higher
Education Act of 1965, in a section
codified at 20 U.S.C.1001(a); and
(b) Is pursuing a baccalaureate or
graduate degree on at least a part-time
basis, as determined by the institution
of higher education; and
(c) Meets the minimum qualification
standards prescribed or approved by
OPM for the position to which the
individual is being appointed.
§ 316.903 Qualifications.
Agencies must evaluate eligible post-
secondary students using the
government-wide OPM prescribed
minimum qualification standard or an
OPM-approved agency-specific
qualification standard for the position
being filled.
§ 316.904 Classification.
Post-secondary student positions
under the General Schedule or
appropriate pay plan must be classified
to the –99 series of the appropriate
occupational group. Federal Wage
System positions filled under the
authority in this subpart must be
classified to the –01 series of the
appropriate occupational group.
Agencies may refer to OPM’s,
‘‘Introduction to the Position
Classification Standards’’ at https://
www.opm.gov/policy-data-oversight/
classification-qualifications/classifying-
general-schedule-positions/
positionclassificationintro.pdf for a
definition of these positions. In
addition, agencies can refer to the
‘‘Handbook of Occupational Groups and
Families’’ available at https://
www.opm.gov/policy-data-oversight/
classification-qualifications/classifying-
general-schedule-positions/
occupationalhandbook.pdf.
§ 316.905 Public notification.
An agency must adhere to merit
system principles and thus must
provide public notification in a manner
that recruits qualified individuals from
appropriate sources in an endeavor to
draw from all segments of society,
before filling a position under the
authority in this subpart. An agency
may, but is not required to, use
USAJOBS for this purpose. If the agency
does not use USAJOBS to meet the
requirements in this section, it must, at
a minimum, publicly display
information about the position to be
filled on its public facing home page.
An agency may, alternatively, provide
an actual job announcement on its
public facing home page or provide a
link to the job announcement on its
public facing home page. The agency
should consider whether additional
recruitment and advertisement activities
are necessary or appropriate to further
merit system principles. A job
announcement must include, at a
minimum, the following information:
(a) The position title, series, grade
level;
(b) The geographic location where the
position will be filled;
(c) The starting salary of the position;
(d) The minimum qualifications of the
position;
(e) Whether the individual in the
position will be eligible for promotion
to higher grade levels;
(f) The time-limit applicable to the
position, and in the case of a term
appointment the vacancy
announcement must state that the
agency has the option of extending the
term appointment up to the 4-year limit
(if applicable);
(g) The potential for conversion to the
agency’s permanent workforce;
(h) Any other relevant information
about the position such as telework
opportunities, recruitment incentives,
etc.; and
(i) Specific information instructing
applicants on how to apply for the
position.
§ 316.906 Acquisition of competitive
status.
Time spent on a time-limited
appointment under this part may count
toward fulfillment of a probation period
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Federal Register / Vol. 86, No. 157 / Wednesday, August 18, 2021 / Rules and Regulations
in accordance with § 315.802(b) of this
chapter. A student appointed under
§ 316.901 acquires competitive status
only upon completion of probationary
period after any conversion, in
accordance with the provisions of 5 CFR
part 315, subpart H.
§ 316.907 Tenure upon appointment.
An individual appointed under
§ 316.901 becomes a career-conditional
employee upon completion of academic
requirements and noncompetitive
conversion to a permanent appointment
in accordance with § 316.910, unless the
individual has already satisfied the
requirements for career tenure or is
exempt from the service requirement
pursuant to § 315.201 of this chapter.
§ 316.908 Breaks in program.
A break in program is defined as a
period of time when a student is
working for the agency but is unable to
go to school, or is neither attending
classes nor working for the agency. An
agency may use its discretion in either
approving or denying a request for a
break in program.
§ 316.909 Promotion.
An agency may promote a student
appointed for an initial period expected
to last more than 1 year but less than 4
years provided the student meets the
qualification requirements for the higher
graded position, time in grade
requirements in 5 CFR part 300, subpart
F, and the public notification for the
position filled by the student stated the
potential for promotion and specified a
career ladder.
§ 316.910 Conversion.
An agency may convert a student
serving in an appointment under the
authority in this subpart, prior to the
expiration date of the appointment, to a
permanent position in the competitive
service within the agency without
further competition if the student:
(a) Has completed the course of study
leading to the baccalaureate or graduate
degree (or certificate as appropriate);
(b) Has completed not less than 640
hours of current continuous
employment in an appointment under
§ 316.902;
(c) Meets the OPM qualification
standards for the position to which the
student will be converted; and
(d) Meets the time-in-grade
requirements in accordance with 5 CFR
part 300, subpart F.
§ 316.911 Reduction in force.
(a) Reduction in force. Post-secondary
students are covered by part 351 of this
chapter for purposes of reduction in
force (RIF).
(1) Students whose initial
appointment was for a period of 1 year
or less are not assigned a tenure group
and do not compete with other
employees in a RIF.
(2) Students whose initial
appointment was for a period expected
to last more than 1 year are placed in
Tenure Group III for purposes of part
351 of this chapter.
(b) [Reserved]
§ 316.912 Termination.
(a) Any appointment made under the
authority in this subpart expires on the
not-to-exceed date of that appointment
unless the agency extends the
appointment prior to expiration.
(b) An agency must terminate any
student without regard to any provision
of 5 U.S.C. chapter 35 or 75, who:
(1) Does not maintain eligibility in
accordance with §§ 316.902 and
316.910; or
(2) Is not converted in accordance
with § 316.910.
§ 316.913 Numerical limit on the number of
appointments.
(a) Except as provided in paragraph
(b) of this section, the total number of
students that an agency may appoint
under this section during a fiscal year
may not exceed the number equal to 15
percent of the number of students the
agency head appointed during the
previous fiscal year to a position at the
GS–11 level or below (or equivalent).
An appointing agency may not count
appointments made using direct hire
authorities, non-competitive authorities,
excepted service authorities other than
Pathways Internship Program
appointments under § 213.3402(a) of
this chapter and 5 CFR part 362, subpart
B, or selections under merit promotion
authorities, when establishing the limit
for a given fiscal year.
(b) OPM may establish a lower
limitation on the number of students
that may be appointed by an agency
under paragraph (a) of this section
during a fiscal year based on any factor
OPM considers appropriate. OPM shall
notify agencies via the OPM website and
other venues (such as the Chief Human
Capital Officer’s Council) of any
changes to the numerical limitation,
applicable governmentwide. Changes to
the numerical limit for an individual
agency will be communicated directly
to the agency.
§ 316.914 Reporting requirement.
(a) Not later than September 30 of
each of the first three (3) fiscal years
beginning after August 13, 2018, when
5 U.S.C. 3116 was enacted, an agency
that makes an appointment under this
subpart must submit a report to
Congress and OPM on the impact of its
use of the authority in this subpart
during the fiscal year in which the
report is submitted. OPM will provide
written guidance describing the means
by which agencies should collect this
information, the timing of such
collections, and the groups as to which
information should be collected. The
report must contain the following
information:
(1) The total number of individuals
appointed by the agency under the
authority in this subpart by position
title, series, grade, and geographic
location of the position, and type of
appointment;
(2) The number of individuals
appointed under the authority in this
subpart by the items identified in 5
U.S.C. 3116(h), and in OPM guidance;
(3) The number of veterans appointed,
as defined in 5 U.S.C. 2108;
(4) Any numerical limitation
established by the agency in accordance
with § 316.913;
(5) The recruitment sources and
methods used by the agency to fill
positions;
(6) The total number of individuals
appointed by the agency during the
applicable fiscal year to a position in the
competitive service classified in a
professional or administrative
occupational category at the GS–11 level
or below (or equivalent);
(7) The number of individuals
appointed under the authority that have
been separated;
(8) Information on difficulties
encountered when using the authority;
and
(9) The number of employees
converted to permanent positions under
the authority in this subpart.
(b) OPM may request additional
information from agencies on their use
of the authority in this subpart. An
agency must include in its report to
Congress and OPM any additional
information required by OPM under this
section.
§ 316.915 Special provisions for
Department of Defense.
This subpart does not preclude the
Secretary of Defense from exercising
authority to appoint a post-secondary
student under Public Law 114–328,
Section 1106. Additionally, this subpart
does not apply to the Department of
Defense during the period that Public
Law 114–328, Section 1106, is effective.
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Federal Register / Vol. 86, No. 157 / Wednesday, August 18, 2021 / Rules and Regulations
PART 330—RECRUITMENT,
SELECTION, AND PLACEMENT
(GENERAL)
6. Revise the authority citation for part
330 to read as follows:
Authority: 5 U.S.C. 1104, 1302, 3116, 3316,
3301, 3302, 3304, and 3330; E.O. 10577, 19
FR 7521, 3 CFR, 1954–58 Comp., p. 218;
Section 330.103 also issued under 5 U.S.C.
3327; Section 330.104 also issued under sec.
2(d), Pub. L. 114–137, 130 Stat. 310; Subpart
B also issued under 5 U.S.C. 3315 and 8151;
Section 330.401 also issued under 5 U.S.C.
3310; Subparts F and G also issued under
Presidential Memorandum on Career
Transition Assistance for Federal Employees,
September 12, 1995; Subpart G also issued
under 5 U.S.C. 8337(h) and 8456(b); Section
330.707 also issued under 5 U.S.C. 3115 and
3116.
Subpart F—Agency Career Transition
Assistance Plan (CTAP) for Local
Surplus and Displaced Employees
7. Amend § 330.609 by:
a. Removing the word ‘‘and’’ at the
end of paragraph (e)(2);
b. Adding the word ‘‘and’’ at the end
of paragraph (e)(3);
c. Adding paragraph (e)(4);
d. Removing the word ‘‘or’’ at the end
of paragraph (cc);
e. Removing the period at the end of
paragraph (dd) and adding a semicolon
in its place;
f. Removing the period at the end of
paragraph (ee) and adding ‘‘; or’’ in its
place; and
g. Adding reserve paragraph (ff) and
paragraph (gg).
The additions read as follows:
§ 330.609 Exceptions to CTAP selection
priority.
* * * * *
(e) * * *
(4) A post-secondary student
appointment under 5 U.S.C. 3116 and
part 316, subpart I, of this chapter;
* * * * *
(gg) Make an appointment using the
post-secondary student hiring authority
under 5 U.S.C. 3116 and part 316,
subpart I, of this chapter.
Subpart G—Interagency Career
Transition Assistance Plan (ICTAP) for
Displaced Employees
8. Amend § 330.707 by:
a. Removing the word ‘‘and’’ at the
end of paragraph (h)(2);
b. Adding the word ‘‘and’’ at the end
of paragraph (h)(3);
c. Adding paragraph (h)(4);
d. Removing the word ‘‘or’’ at the end
of paragraph (u);
e. Removing the period at the end of
paragraph (v) and adding ‘‘; or’’ in its
place; and
f. Adding reserve paragraphs (w) and
(x) and paragraph (y).
The additions read as follows:
§ 330.707 Exceptions to ICTAP selection
priority.
* * * * *
(h) * * *
(4) A post-secondary student
appointment under 5 U.S.C. 3116 and
part 316, subpart I, of this chapter;
* * * * *
(y) Make an appointment using the
post-secondary student hiring authority
under 5 U.S.C. 3116 and part 316,
subpart I, of this chapter.
[FR Doc. 2021–17638 Filed 8–17–21; 8:45 am]
BILLING CODE 6325–39–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2021–0618; Project
Identifier 2019–CE–005–AD; Amendment
39–21676; AD 2021–16–14]
RIN 2120–AA64
Airworthiness Directives; BALO
´NY
KUBI
´C
ˇEK spol. s r.o. Balloons
AGENCY
: Federal Aviation
Administration (FAA), DOT.
ACTION
: Final rule; request for
comments.
SUMMARY
: The FAA is adopting a new
airworthiness directive (AD) for certain
BALO
´NY KUBI
´C
ˇEK spol. s r.o. Models
BB78Z, BB85Z, BB92Z, and BB130P
balloons. This AD was prompted by
mandatory continuing airworthiness
information (MCAI) issued by the
aviation authority of another country to
identify and correct an unsafe condition
on an aviation product. The MCAI
describes the unsafe condition as failure
of the envelope vertical load tape. The
FAA is issuing this AD to address the
unsafe condition on these products.
DATES
: This AD is effective September 7,
2021.
The FAA must receive comments on
this AD by October 4, 2021.
ADDRESSES
: You may send comments,
using the procedures found in 14 CFR
11.43 and 11.45, by any of the following
methods:
Federal eRulemaking Portal: Go to
https://www.regulations.gov. Follow the
instructions for submitting comments.
Fax: (202) 493–2251.
Mail: U.S. Department of
Transportation, Docket Operations, M–
30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue SE,
Washington, DC 20590.
Hand Delivery: Deliver to Mail
address above between 9 a.m. and 5
p.m., Monday through Friday, except
Federal holidays.
For service information identified in
this final rule, contact BALO
´NY
KUBI
´C
ˇEK spol. s r.o., Francouzska
´8,
602 00 Brno, Czech Republic; phone:
+420 545 422 620; fax: +420 545 422
621; email: info@kubicekballoons.cz;
website: www.kubicekballoons.eu. You
may view this service information at the
FAA, Airworthiness Products Section,
Operational Safety Branch, 901 Locust,
Kansas City, MO 64106. For information
on the availability of this material at the
FAA, call (816) 329–4148. It is also
available at https://www.regulations.gov
by searching for and locating Docket No.
FAA–2021–0618.
Examining the AD Docket
You may examine the AD docket at
https://www.regulations.gov by
searching for and locating Docket No.
FAA–2021–0618; or in person at Docket
Operations between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal
holidays. The AD docket contains this
final rule, the MCAI, any comments
received, and other information. The
street address for the Docket Operations
is listed above.
FOR FURTHER INFORMATION CONTACT
:
Mike Kiesov, Aviation Safety Engineer,
General Aviation & Rotorcraft Section,
International Validation Branch, FAA,
901 Locust, Room 301, Kansas City, MO
64106; phone: (816) 329–4144; fax: (816)
329–4090; email: mike.kiesov@faa.gov.
SUPPLEMENTARY INFORMATION
:
Comments Invited
The FAA invites you to send any
written data, views, or arguments about
this final rule. Send your comments to
an address listed under
ADDRESSES
.
Include ‘‘Docket No. FAA–2021–0618
and Project Identifier 2019–CE–005–
AD’’ at the beginning of your comments.
The most helpful comments reference a
specific portion of the final rule, explain
the reason for any recommended
change, and include supporting data.
The FAA will consider all comments
received by the closing date and may
amend this final rule because of those
comments.
Except for Confidential Business
Information (CBI) as described in the
following paragraph, and other
information as described in 14 CFR
11.35, the FAA will post all comments
received, without change, to https://
www.regulations.gov, including any
personal information you provide. The
agency will also post a report
summarizing each substantive verbal
contact received about this final rule.
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