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72065

Rules and Regulations Federal Register


Vol. 70, No. 230

Thursday, December 1, 2005

This section of the FEDERAL REGISTER participated in a United States final regulation. VRAs are excepted
contains regulatory documents having general military operation for which an appointments to positions otherwise in
applicability and legal effect, most of which Armed Forces Service Medal was the competitive service and as such,
are keyed to and codified in the Code of awarded; and agencies must apply either the OPM or
Federal Regulations, which is published under • Recently separated veterans. OPM-approved agency-specific
50 titles pursuant to 44 U.S.C. 1510.
The law defines recently separated qualification standard for the position
The Code of Federal Regulations is sold by veteran as any veteran during the three- they are filling through this authority as
the Superintendent of Documents. Prices of year period beginning on the date of they would when filling any position in
new books are listed in the first FEDERAL such veteran’s discharge or release from the competitive service. Clarification
REGISTER issue of each week. active duty. has been added at section 307.103.
One private organization suggested
Comments the final regulation specifically state
OFFICE OF PERSONNEL OPM received comments from three that military service must have been
MANAGEMENT Federal agencies, one private performed under honorable conditions
organization, and seven individuals. as part of the definition of covered
5 CFR Part 300, 307, 315, 316, 330, 335, veteran. OPM disagrees because the
The following comments are addressed
550, 551, and 720 definition of covered veteran at 307.102
according to the corresponding sections
RIN 3206–AJ90 of the regulation. is as that term is defined in 38 U.S.C.
4212(a)(3). We note, however, this
Veterans Recruitment Appointments Definitions requirement is contained in section
One Federal agency recommended 307.103, Nature of VRAs.
AGENCY: Office of Personnel One individual asked that we clarify
Management. that the final regulation clarify what is
meant by the term war, as used in the whether the definition of a covered
ACTION: Final rule. veteran includes all veterans entitled to
context of a covered veteran. An
individual suggested OPM specify that 5 point preference. The Act’s definition
SUMMARY: The Office of Personnel of a covered veteran does not provide
Management (OPM) is issuing final the term war only refers to World Wars
I and II. We agree that clarification is for inclusion of all individuals entitled
regulations to implement provisions of to 5 point veterans’ preference. OPM
the Jobs for Veterans Act, signed into needed and have amended section
307.102 to include a definition of the intends to update VetGuide to provide
law on November 7, 2002. This Act further guidance regarding covered
makes a major change in the eligibility term war as any armed conflict declared
by Congress as such. veterans.
criteria for obtaining a Veterans A Federal agency suggested the final
Recruitment Appointment (VRA). One agency asked that we clarify
regulations clearly explain that
EFFECTIVE DATE: January 3, 2006.
whether the appointment date for
individuals who did not serve during a
recently separated veterans must occur war, who are not disabled, or who were
FOR FURTHER INFORMATION CONTACT:
before the end of the 3-year eligibility not recently separated must have
Darlene Phelps at (202) 606–0960, by period for this category of covered
FAX on 202–606–2329, TDD at (202) actually received a campaign badge,
veterans. OPM agrees that further expeditionary medal, or Armed Forces
418–3134, or by e-mail at clarification is needed and has added
Darlene.phelps@opm.gov. Service Medal to be eligible for a VRA
clarifying language to section 307.104(d) under section 307.102(2) and (3). We
SUPPLEMENTARY INFORMATION: On indicating that the Veterans Recruitment agree and have amended section
November 5, 2004, OPM issued Appointment date must occur before the 307.103 accordingly.
proposed regulations at 69 FR 64503 to expiration of the 3-year eligibility An individual stated that OPM did
implement Veterans Recruitment period. The 3-year eligibility period may not define eligible veterans under this
Appointments as authorized by the Jobs not be extended. part and asked whether reservists called
for Veterans Act (Pub. L. 107–288), and An individual suggested we specify to active duty under title 10 of the
requested comments by January 4, 2005. that a veteran is eligible for a VRA only United States Code, for other than active
The Act amends section 4214 of title 38, if during his or her last active duty tour duty training, would meet the definition
United States Code, to make a major the veteran served the entire period for of a recently separated veteran. OPM
change in the eligibility criteria for which he or she was called or ordered does not agree further clarification is
obtaining what previously was called a to active duty. OPM disagrees and is not needed because section 307.102 clearly
Veterans Readjustment Appointment adopting this suggestion because it may states that a recently separated veteran
and will now be called a Veterans limit the eligibility of veterans beyond means any veteran (including reservists)
Recruitment Appointment (VRA). Under what is provided for in the Act, which during the three-year period beginning
the revised law, the following veterans does not define eligibility based on the on the date of such veteran’s discharge
are eligible for a VRA: veteran’s fulfillment of his or her last or release from active duty.
• Disabled veterans; active duty tour.
• Veterans who served on active duty in A Federal agency recommended that Nature of VRAs
the Armed Forces during a war, or in we modify the definition of qualified to Another Federal agency suggested the
a campaign or expedition for which a make clear that individuals must meet final regulations allow military
campaign badge has been authorized; OPM qualifications for the position experience to be qualifying at GS–3 or
• Veterans who, while serving on active being filled under this authority. OPM equivalent levels, regardless of the type
duty in the Armed Forces, agrees clarification is necessary in the of appointment. OPM did not adopt this

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72066 Federal Register / Vol. 70, No. 230 / Thursday, December 1, 2005 / Rules and Regulations

recommendation because it is beyond initial appointment under that PART 300—EMPLOYMENT (GENERAL)
the scope of the Act, which only authority.
pertains to VRA appointments. One individual suggested the final ■ 1. The authority citation for part 300
An agency suggested the final regulations clarify whether agencies are continues to read as follows:
regulation define what equivalent required to post vacancy Authority: 5 U.S.C. 552, 3301, and 3302;
means for purposes of qualifying announcements prior to filling jobs E.O. 10577, 3 CFR 1954–1958 Comp., page
veterans at the GS–3 level or equivalent. under the VRA authority. OPM 218, unless otherwise noted.
OPM agrees in part that clarification is disagrees further clarification is Secs. 300.101 through 300.104 also issued
needed and intends to update VetGuide under 5 U.S.C. 7201, 7204, and 7701; E.O.
necessary. The regulation clearly states
11478, 3 CFR 1966–1970 Comp., page 803.
to explain that the term equivalent that VRAs are excepted appointments Secs. 300.401 through 300.408 also issued
means positions in the Federal Wage made without competition. As a under 5 U.S.C. 1302(c), 2301, and 2302.
System or other pay systems involving consequence, VRAs do not require Secs. 300.501 through 300.507 also issued
duties comparable to those at the GS–3 public notice as is the case with any under 5 U.S.C. 1103(a)(5).
level. appointment in the excepted service. Sec. 300.603 also issued under 5 U.S.C.
Another agency recommended that However, agencies may advertise for 1104.
OPM modify the statement in 307.103 these positions if they choose to do so. ■ 2. Revise paragraph (b) of § 300.301 to
that any military service is qualifying at A Federal agency suggested the final read as follows:
the GS–3 level or equivalent to read any regulations clarify whether an
military service is qualifying, at a individual can receive more than one § 300.301 Authority.
minimum, at the GS–3 level or VRA appointment, assuming the * * * * *
equivalent. OPM is not adopting this individual is otherwise eligible. OPM (b) In accordance with 5 U.S.C. 3341,
suggestion because we do not believe agrees further clarification may be an agency may detail an employee in
the additional language is needed. The helpful. OPM intends to update the excepted service to a position in the
sentence immediately preceding the VetGuide with a statement explaining excepted service and may also detail an
language in question in section 307.103 there is no limit on the number of VRA excepted service employee serving
specifically states that covered veterans appointments an individual may receive under Schedule A, Schedule B, or a
may be appointed to any position for as long as the individual meets the Veterans Recruitment Appointment, to a
which the individual is qualified, up to definition of covered veteran at the time position in the competitive service.
and including the GS–11 or equivalent of appointment. * * * * *
level. Military experience may be The Act also changed the name of the ■ 3. Revise part 307 to read as follows:
credited towards grade levels above the VRA from ‘‘Veterans Readjustment
GS–3 level or equivalent in accordance Appointment’’ to ‘‘Veterans Recruitment PART 307—VETERANS RECRUITMENT
with OPM or OPM-approved agency- Appointment.’’ This final regulation APPOINTMENTS
specific qualification standards. also updates those parts of title 5, Code
An individual suggested OPM define of Federal Regulations, to reflect this Sec.
the phrase ‘‘under honorable 307.101 Purpose.
name change wherever used in those 307.102 Definitions.
conditions’’ to include general and parts.
uncharacterized discharges. Two 307.103 Nature of VRAs.
individuals and a Federal agency E.O. 12866, Regulatory Review 307.104 Treatment of individuals serving
under VRAs.
recommended that we provide detailed This rule has been reviewed by the 307.105 Appeal rights.
explanations and examples of the types Office of Management and Budget in
of discharges considered to be ‘‘under Authority: 5 U.S.C. 3301, 3302; E.O. 11521,
accordance with Executive Order 12866. 3 CFR, 1970 Comp., p. 912; 38 U.S.C. 4214.
honorable conditions.’’ A third
individual asked that we clarify whether Regulatory Flexibility Act § 307.101 Purpose.
an uncharacterized discharge is I certify that this regulation will not This part implements 38 U.S.C. 4214
considered to be a discharge granted have a significant economic impact on and Executive Order 11521, which
‘‘under honorable conditions.’’ OPM is a substantial number of small entities authorizes agencies to appoint qualified
not adopting these suggestions because because it would apply only to Federal covered veterans to positions in the
the Department of Defense (DoD) is agencies and employees. competitive service under Veterans
responsible for defining terms used for Recruitment Appointments (VRAs)
character of military service discharges. List of Subjects in 5 CFR Parts 300, 307,
315, 316, 330, 335, 550, 551, and 720 without regard to the competitive
OPM agrees clarification would be
examining system.
helpful and intends to provide guidance Administrative practice and
and examples in VetGuide of the types procedure, Armed forces reserves, Civil § 307.102 Definitions.
of discharges DoD has determined to be rights, Claims, District of Columbia, For purposes of this part—
under honorable conditions. Equal employment opportunity, Agency, as defined in 38 U.S.C.
An individual suggested we clarify Freedom of information, Government 4211(5), means any agency of the
whether 30 percent disabled veterans employees, Individuals with Federal Government or the District of
are subject to the GS–11 or equivalent disabilities, Lawyers, Reporting and Columbia, including any Executive
grade level limitation. OPM is not recordkeeping requirements, Selective agency as defined in section 105 of title
adopting this suggestion on the basis Service System, Veterans, Wages. 5, and the United States Postal Service
that the regulation clearly limits the and Postal Rate Commission.
Office of Personnel Management.
appointment of any veteran to the GS– Covered veterans, as defined in 38
11 or equivalent grade level. We note Linda M. Springer,
U.S.C. 4212(a)(3), means any of the
that a separate hiring authority, Director. following:
authorized under section 3112 of title 5, ■ Accordingly, OPM amends 5 CFR (1) Disabled veterans;
United States Code, specific to 30 parts 300, 315, 316, 330, 335, 550, 551, (2) Veterans who served on active
percent or more disabled veterans, does and 720 and revises part 307 as set forth duty in the Armed Forces during a war
not contain a grade level limitation for below: or in a campaign or expedition for

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Federal Register / Vol. 70, No. 230 / Thursday, December 1, 2005 / Rules and Regulations 72067

which a campaign badge has been covered veteran at the time of PART 315—[AMENDED]
authorized; appointment.
(3) Veterans who, while serving on ■ 5. In part 315, remove the word
active duty with the Armed Forces, § 307.104 Treatment of individuals serving
‘‘readjustment’’ and add in its place the
under VRAs.
participated in a United States military word ‘‘recruitment’’ wherever it
operation for which an Armed Forces (a) Because VRAs are made to appears.
Service Medal (AFSM) was awarded positions otherwise in the competitive
pursuant to Executive Order 12985 (61 service, the incumbents, like PART 316—TEMPORARY AND TERM
FR 1209); and competitive service employees, may be EMPLOYMENT
(4) Recently separated veterans. reassigned, promoted, demoted, or
Disabled veteran, as defined in 38 transferred in accordance with the ■ 6. The authority citation for part 316
U.S.C. 4211 means: provisions of part 335 of this chapter. continues to read as follows:
(1) A veteran who is entitled to (b) A veteran with less than 15 years Authority: 5 U.S.C. 3301, 3302; E.O. 10577,
compensation (or who, but for the of education must receive training or 3 CFR, 1954–1958 Comp., p. 218.
receipt of military retired pay, would be education prescribed by the agency.
entitled to compensation) under laws
(c) Appointments are subject to PART 316—[AMENDED]
administered by the Secretary of
Veterans Affairs; or investigation by OPM. A law, Executive
order, or regulation that disqualifies a ■ 7. In part 316, subparts C and D,
(2) A person who was discharged or remove the word ‘‘readjustment’’ and
person for appointment in the
released from active duty because of a
competitive service also disqualifies a add in its place the word ‘‘recruitment’’
service-connected disability.
person for a VRA. wherever it appears.
Qualified, as defined in 38 U.S.C.
4212(a)(3) with respect to employment (d) The Veterans Recruitment
Appointment date for a recently PART 330—RECRUITMENT,
in a position, means having the ability SELECTION, AND PLACEMENT
to perform the essential functions of the separated veteran must occur before the
end of the 3-year eligibility period and (GENERAL)
position with or without reasonable
accommodation for an individual with a may not be extended.
■ 8. The authority citation for part 330
disability. § 307.105 Appeal rights. continues to read as follows:
Recently separated veteran, as defined
in 38 U.S.C. 4211(6), means any veteran Individuals serving under VRAs have Authority: 5 U.S.C. 1302, 3301, 3302; E.O.
during the three-year period beginning the same appeal rights as excepted 10577, 19 FR 7521, 3 CFR, 1954–58, Comp.,
on the date of such veteran’s discharge service employees under parts 432 and p. 218.
or release from active duty. 752 of this chapter. In addition, as Section 330.102 also issued under 5 U.S.C.
established in § 315.806 of this chapter, 3327.
Substantially continuous service is
any individual serving under a VRA, Subpart B also issued under 5 U.S.C. 3315
defined in 5 CFR 315.201(b)(3).
whose employment under the and 8151.
War means any armed conflict
appointment is terminated within 1 year Section 330.401 also issued under 5 U.S.C.
declared by Congress as such.
after the date of such appointment, has 3310.
§ 307.103 Nature of VRAs. the same right to appeal that Subpart G also issued under 5 U.S.C.
8337(h) and 8456(b).
VRAs are excepted appointments, termination as a career or career-
Subpart K also issued under sec. 11203 of
made without competition, to positions conditional employee has during the
Pub. L. 105–33 (111 Stat. 738) and Pub. L.
otherwise in the competitive service. first year of employment.
105–274 (112 Stat. 2424).
The veterans’ preference procedures of
PART 315—CAREER AND CAREER- Subpart L also issued under sec. 1232 of
part 302 of this chapter apply when
CONDITIONAL APPOINTMENT Pub. L. 96–70, 93 Stat. 452.
there are preference eligible candidates
being considered for a VRA. Qualified
covered veterans who were separated ■ 4. The authority citation for part 315 PART 330—[AMENDED]
under honorable conditions may be continues to read as follows:
appointed to any position in the Authority: 5 U.S.C. 1302, 3301, and 3302;
■ 9. In part 330, subparts B, F, and G,
competitive service at grade levels up to E.O. 10577, 3 CFR, 1954–1958 Comp., p. 218, remove the word ‘‘readjustment’’ and
and including GS–11 or equivalent, unless otherwise noted; and E.O. 13162. add in its place the word ‘‘recruitment’’
provided they meet the qualification Secs. 315.601 and 315.609 also issued under wherever it appears.
standards for the position. To be eligible 22 U.S.C. 3651 and 3652. Secs. 315.602 and
for a VRA as a covered veteran under 315.604 also issued under 5 U.S.C. 1104. Sec. PART 335—PROMOTION AND
paragraph (2) or (3) of the definition of 315.603 also issued under 5 U.S.C. 8151. Sec. INTERNAL PLACEMENT
that term in § 307.102, the veteran must 315.605 also issued under E.O. 12034, 3 CFR,
be in receipt of the appropriate 1978 Comp., p. 111. Sec. 315.606 also issued ■ 10. The authority citation for part 335
campaign badge, expeditionary medal, under E.O. 11219, 3 CFR, 1964–1965 Comp., continues to read as follows:
or AFSM. For purposes of a VRA, any p. 303. Sec. 315.607 also issued under 22
Authority: 5 U.S.C. 3301, 3302, 3330; E.O.
U.S.C. 2506. Sec. 315.608 also issued under
military service is qualifying at the GS– 10577, 3 CFR 1954–1958 Comp., p. 218; 5
E.O. 12721, 3 CFR, 1990 Comp., p. 293. Sec.
3 level or equivalent. Upon satisfactory 315.610 also issued under 5 U.S.C. 3304(d). U.S.C. 3304(f), and Pub. L. 106–117.
completion of 2 years of substantially Sec. 315.611 also issued under Section 511,
continuous service, the incumbent’s Pub. L. 106–117, 113 Stat. 1575–76. Sec. § 335.103 [Amended]
VRA must be converted to a career or 315.708 also issued under E.O. 13318. Sec.
career conditional appointment. An ■ 11. In § 335.103, remove the word
315.710 also issued under E.O. 12596, 3 CFR,
individual may receive more than one 1987 Comp., p. 229. Subpart I also issued
‘‘readjustment’’ and add in its place the
VRA appointment as long as the under 5 U.S.C. 3321, E.O. 12107, 3 CFR, 1978 word ‘‘recruitment’’ wherever it
individual meets the definition of a Comp., p. 264. appears.

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72068 Federal Register / Vol. 70, No. 230 / Thursday, December 1, 2005 / Rules and Regulations

PART 550—PAY ADMINISTRATION DEPARTMENT OF AGRICULTURE PART 319—FOREIGN QUARANTINE


(GENERAL) NOTICES
Animal and Plant Health Inspection
Subpart G—Severance Pay Service ■ 1. The authority citation for part 319
continues to read as follows:
■ 12. The authority citation for part 550, 7 CFR Part 319 Authority: 7 U.S.C. 450, 7701–7772, and
subpart G, continues to read as follows: 7781–7786; 21 U.S.C. 136 and 136a; 7 CFR
[Docket No. 03–019–4] 2.22, 2.80, and 371.3.
Authority: 5 U.S.C. 5595; E.O. 11257, 3
CFR, 1964–1965 Comp., p. 357. Certification Program for Imported ■ 2. In § 319.37–5, revise paragraph
Articles of Pelargonium spp. and (r)(3)(viii) to read as follows:
§ 550.703 [Amended] Solanum spp. to Prevent Introduction § 319.37–5 Special foreign inspection and
■ 13. In § 550.703, remove the word of Potato Brown Rot; Correction certification requirements.
‘‘readjustment’’ and add in its place the AGENCY: Animal and Plant Health * * * * *
word ‘‘recruitment’’ wherever it Inspection Service, USDA. (r) * * *
appears. ACTION: Final rule; correction.
(3) * * *
(viii) Growing media for articles of
PART 551—PAY ADMINISTRATION SUMMARY: We are correcting an error in Pelargonium spp. and Solanum spp.
UNDER THE FAIR LABOR the amendatory instructions in our final must be free of R. solanacearum race 3
STANDARDS ACT (GENERAL) rule that amended the provisions of a biovar 2. Growing media and containers
certification program for articles of for articles of Pelargonium spp. and
■ 14. The authority citation for part 551 Pelargonium spp. and Solanum spp. Solanum spp. must not come in contact
continues to read as follows: imported from countries where the with growing media that could transmit
Authority: 5 U.S.C. 5542(c); Sec. 4(f) of the bacterium Ralstonia solanacearum race R. solanacearum race 3 biovar 2 and
Fair Labor Standards Act of 1938, as 3 biovar 2 is known to occur. The final must be grown in an APHIS-approved
amended by Pub. L. 93–259, 88 Stat. 55 (29 rule was effective and published in the growing medium.
U.S.C. 204(f)). Federal Register on October 24, 2005 * * * * *
(70 FR 61351–61362, Docket No. 03– Done in Washington, DC, this 22nd day of
§ 551.423 [Amended] 019–3). November 2005.
EFFECTIVE DATE: December 1, 2005. Elizabeth E. Gaston,
■ 15. In § 551.423, remove the word
‘‘readjustment’’ and add in its place the FOR FURTHER INFORMATION CONTACT: Ms. Acting Administrator, Animal and Plant
Jeanne Van Dersal, Import Specialist, Health Inspection Service.
word ‘‘recruitment’’ wherever it
appears. Phytosanitary Issues Management Team, [FR Doc. 05–23531 Filed 11–30–05; 8:45 am]
PPQ, APHIS, 4700 River Road Unit 140, BILLING CODE 3410–34–P

PART 720—AFFIRMATIVE Riverdale, MD 20737–1236; (301) 734–


EMPLOYMENT PROGRAMS 6653.
SUPPLEMENTARY INFORMATION: In a final DEPARTMENT OF TRANSPORTATION
■ 16. The authority citation for part 720 rule effective and published in the
continues to read as follows: Federal Register on October 24, 2005 Federal Aviation Administration
(70 FR 61351–61362, Docket No. 03–
Authority: 5 U.S.C. 7201; 42 U.S.C. 2000e; 14 CFR Part 23
019–3), we amended the provisions of a
38 U.S.C. 101(2), 2011(3), 2014; 5 U.S.C.
3112; 29 U.S.C. 791(b).
certification program for articles of [Docket No. CE218, Special Condition 23–
Pelargonium spp. and Solanum spp. 158–SC]
■ 17. Revise § 720.301 to read as imported from countries where the
follows: bacterium Ralstonia solanacearum race Special Conditions; Cessna Aircraft
3 biovar 2 is known to occur. Company; Protection of Systems for
§ 720.301 Purpose and authority. In the final rule, it was our intention High Intensity Radiated Fields (HIRF)
This subpart sets forth requirements to amend the regulations by amending
AGENCY: Federal Aviation
for agency disabled veteran affirmative paragraph (r)(3)(viii) of § 319.37–5 to
Administration (FAA), DOT.
modify its restrictions on growing media
action programs (DVAAPs) designed to ACTION: Final special conditions; request
used in production of articles of
promote Federal employment and for comments.
Pelargonium spp. and Solanum spp.
advancement opportunities for qualified under the certification program.
disabled veterans. The regulations in SUMMARY: These special conditions are
However, our amendatory instruction issued to Cessna Aircraft Co., for the
this subpart are prescribed pursuant to referred instead to paragraph (r)(3)(vii).
responsibilities assigned to the Office of Type Certificate of Model 510 Mustang
This document corrects that error by airplane. This airplane will have novel
Personnel Management (OPM) under 38 revising paragraph (r)(3)(viii).
U.S.C. 4214, and section 307 of the Civil and unusual design features when
Service Reform Act of 1978 (5 U.S.C. List of Subjects in 7 CFR Part 319 compared to the state of technology
3112). envisaged in the applicable
Coffee, Cotton, Fruits, Imports, Logs,
airworthiness standards. The novel and
[FR Doc. 05–23497 Filed 11–30–05; 8:45 am] Nursery stock, Plant diseases and pests,
unusual design features include the
Quarantine, Reporting and
BILLING CODE 6325–39–P installation of an Electronic Flight
recordkeeping requirements, Rice,
Instrumentation System (EFIS), Digital
Vegetables.
Air Data Computer (ADC), and a Full
■ Accordingly, 7 CFR part 319 is Authority Digital Engine Control
corrected by making the following (FADEC). The applicable regulations do
correcting amendments: not adequately consider failure of

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