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Federal Register / Vol. 86, No. 108 / Tuesday, June 8, 2021 / Rules and Regulations authority agencies are required to assess an applicants qualifications for the position being filled and avoid relying on prohibited considerations in making selections in the same manner as they would when making any other appointment.
A professional executive association suggested OPM develop a legislative proposal to further cement the goals of this regulation. Further legislation is not necessary; 5 U.S.C. 3301 and 3302
provides the President the statutory authority to craft rules governing competitive status, career tenure, and discretion in hiring. The President delegated much of his authority to OPM
through presidential Civil Service Rules, see, especially, 5 CFR 2.2, and provided in Rule VII, 5 CFR 7.1, that agencies have discretion to fill positions in the competitive service by competitive appointment or by noncompetitive selection of a present or former Federal employee.
Two of the comments we received were beyond the scope of the proposed changes. One individual could not locate a copy of the proposed regulation on the regulations.gov website. The other commenter recommended OPM
re-evaluate the 40-hour basic work week.
OPM is making two clarifying changes to the final rule which commenters did not address. We have added references to Civil Service Rules II and VII in the authority listing which are OPMs authority, pursuant to the Presidents delegation of his own authority under 5
U.S.C. 3301 and 3302, to establish and administer a system that provides for career appointments for former employees eligible for career appointment upon reinstatement, and agencies authority to select for positions in the competitive service by competitive appointment or by noncompetitive selection of a present or former Federal employee.
OPM has modified the wording in 5
CFR 335.103c3viii by inserting the words, before applying for reinstatement, to parallel the language used in 5 CFR 335.103c1vi.

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Regulatory Flexibility Act I certify that this regulation will not have a significant impact on a substantial number of small entities because it applies only to Federal agencies and employees.

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necessary, to select regulatory approaches that maximize net benefits including potential economic, environmental, public health and safety effects, distributive impacts, and equity. Executive Order 13563
emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. This rule is not a significant regulatory action, under Executive Order 12866 and was not reviewed by OMB.

Office of Personnel Management Alexys Stanley, Regulatory Affairs Analyst.

E.O. 13132, Federalism
Authority: 5 U.S.C. 2301, 2302, 3301, 3302, 3330; E.O. 10577, E.O. 11478, 3 CFR 1966
1970, Comp., page 803, unless otherwise noted, E.O. 13087; and E.O. 13152, 3 CFR
1955458 Comp., p.218; 5 U.S.C. 3304f, and Pub. L. 106117, and 5 CFR 2.2 and 7.1.

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.
E.O. 12988, Civil Justice Reform This regulation meets the applicable standard set forth in section 3a and b2 of 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 This action pertains to agency management, personnel and organization and does not substantially affect the rights or obligations of nonagency parties and, accordingly, is not a rule as that term is used by the Congressional Review Act Subtitle E of the Small Business Regulatory Enforcement Fairness Act of 1996
SBREFA. Therefore, the reporting requirement of 5 U.S.C. 801 does not apply.
Paperwork Reduction Act
E.O. 13563 and E.O. 12866, Regulatory Review Executive Orders 13563 and 12866
direct agencies to assess all costs and benefits of available regulatory alternatives and, if regulation is
30379

This rule does not impose any new reporting or record-keeping requirements subject to the Paperwork Reduction Act.
List of Subjects in 5 CFR Part 335

Accordingly, OPM is amending 5 CFR
part 335 as follows:

PART 335PROMOTION AND
INTERNAL PLACEMENT
1. The authority citation for part 335
is revised to read as follows:

Subpart AGeneral Provisions 2. In 335.103, revise paragraph c1vi and add paragraph c3viii to read as follows:

335.103

Agency promotion programs.

c
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vi Reinstatement to a permanent or temporary position at a higher grade or with more promotion potential than a position previously held on a permanent basis in the competitive service if the individual did not wait 1
year or more after separating from Federal employment before applying for reinstatement, or did not receive a rating of record for his or her most recent career or career-conditional position of at least Fully Successful or equivalent.

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viii Reinstatement in accordance with 5 CFR part 315 to any position in the competitive service for which the individual is qualified at a higher grade level or with more promotion potential than a career or career-conditional position previously held by the individual; provided: The individual has been separated for at least one year before applying for reinstatement, and the individual must have received a rating of record for his or her most recent career or career-conditional position of at least Fully Successful or equivalent.

FR Doc. 202111894 Filed 6721; 8:45 am BILLING CODE 632539P

Government employees.

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