81_FR_72889 81 FR 72685 - Federal Employees' Group Life Insurance Program: Excepted Service and Pathways Programs

81 FR 72685 - Federal Employees' Group Life Insurance Program: Excepted Service and Pathways Programs

OFFICE OF PERSONNEL MANAGEMENT

Federal Register Volume 81, Issue 204 (October 21, 2016)

Page Range72685-72686
FR Document2016-25507

This action amends the rule to reflect that excepted service employees hired under the internship program known as the Pathways Programs may elect to enroll in Federal Employee's Group Life Insurance (FEGLI), if applicable Federal requirements are met. This action is necessary due to the omission of technical changes to OPMs final rule, Excepted Service, Career and Career-Conditional Employment, and Pathways Programs, issued on May 11, 2012, which concerns the excepted service internship programs. The effect of this action is to remove a barrier to recruiting students and recent graduates to help the Federal Government better compete with all employers when it comes to hiring qualified applicants for entry-level positions.

Federal Register, Volume 81 Issue 204 (Friday, October 21, 2016)
[Federal Register Volume 81, Number 204 (Friday, October 21, 2016)]
[Rules and Regulations]
[Pages 72685-72686]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-25507]



========================================================================
Rules and Regulations
                                                Federal Register
________________________________________________________________________

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. 
Prices of new books are listed in the first FEDERAL REGISTER issue of each 
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Federal Register / Vol. 81, No. 204 / Friday, October 21, 2016 / 
Rules and Regulations

[[Page 72685]]



OFFICE OF PERSONNEL MANAGEMENT

5 CFR Parts 870

RIN 3206-AM98


Federal Employees' Group Life Insurance Program: Excepted Service 
and Pathways Programs

AGENCY: U.S. Office of Personnel Management.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This action amends the rule to reflect that excepted service 
employees hired under the internship program known as the Pathways 
Programs may elect to enroll in Federal Employee's Group Life Insurance 
(FEGLI), if applicable Federal requirements are met. This action is 
necessary due to the omission of technical changes to OPMs final rule, 
Excepted Service, Career and Career-Conditional Employment, and 
Pathways Programs, issued on May 11, 2012, which concerns the excepted 
service internship programs. The effect of this action is to remove a 
barrier to recruiting students and recent graduates to help the Federal 
Government better compete with all employers when it comes to hiring 
qualified applicants for entry-level positions.

DATES: This rule is effective on October 21, 2016.

FOR FURTHER INFORMATION CONTACT: Ronald Brown, Policy Analyst, (202) 
606-0004, or by email to [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    On December 27, 2010, Executive Order (E.O.) 13562 was signed and 
established the Internship Program and the Recent Graduates Program, 
which, along with the Presidential Management Fellows Program, as 
modified therein, became the Pathways Programs. As directed by the 
President, the Pathways Programs provides clear paths to Federal 
internships and potential careers in Government for students and recent 
graduates. The E.O. also created the Schedule D authority that supports 
the Pathways Programs by authorizing exceptions to the competitive 
hiring rules. Under the Schedule D authority, agencies are able, under 
OPM's guidance, to use excepted service hiring to fill positions from 
among a particular class of eligible individuals--students and recent 
graduates.

II. Discussion of Final Rule

    This final rule updates the FEGLI regulation to change the name of 
the internship programs under FEGLI rules and provides that employees 
hired under the Pathways Programs authority may elect to enroll for 
coverage in FEGLI, if applicable Federal requirements are met. This 
change was omitted in the OPM final rule (77 FR 28194) issued in 2012 
concerning the excepted service internship programs. However, this 
final rule does not establish new enrollment eligibility for any 
Pathways Programs interns.
    Agencies should continue to refer to the supplementary information 
published in the aforementioned final rule and the guidance that is on 
the OPM Web site at: http://www.opm.gov/policy-data-oversight/hiring-authorities/students-recent-graduates/.

Analysis of and Responses to Public Comments

    We received one comment on the interim final rule relating to 
agency guidance materials. The sole commenter asked if OPM will issue 
new guidance to Federal agencies concerning the changed scheduling 
authority for Pathways Programs participants. In response to the 
comment, OPM will not issue guidance to Federal agencies based on the 
changed scheduling authority. The OPM amends this rule to reflect 
technical changes concerning Pathways Program interns to conform with 
the final Pathways rule published on May 11, 2012 (77 FR 28194). The 
technical changes are necessary to reflect that the schedule 
appointment authority for Pathways Programs interns changed to Schedule 
D. Lastly, the intern programs were renamed and we needed to change the 
name in the regulation. See Sec.  870.302(b)(2).
Regulatory Flexibility Act
    The Regulatory Flexibility Act of 1980 (Pub. L. 96-354) (RFA) 
establishes ``as a principle of regulatory issuance that agencies shall 
endeavor, consistent with the objectives of the rule and of applicable 
statutes, to fit regulatory and informational requirements to the scale 
of the businesses, organizations, and governmental jurisdictions 
subject to regulation. To achieve this principle, agencies are required 
to solicit and consider flexible regulatory proposals and to explain 
the rationale for their actions to assure that such proposals are given 
serious consideration.'' The RFA covers a widerange of small entities, 
including small businesses, not-for-profit organizations, and small 
governmental jurisdictions.
    Agencies must perform a review to determine whether a rule will 
have a significant economic impact on a substantial number of small 
entities. If the agency determines that it will, the agency must 
prepare a regulatory flexibility analysis as described in the RFA. I 
certify that this regulation will not have a significant economic 
impact on a substantial number of small entities because the regulation 
only affects life insurance benefits of Federal employees and retirees.
Executive Order 12866, Regulatory Review
    This rule has been reviewed by the Office of Management and Budget 
in accordance with Executive Order 12866.
Federalism
    We have examined this rule in accordance with Executive Order 
13132, Federalism, and have determined that this rule will not have any 
negative impact on the rights, roles and responsibilities of State, 
local, or tribal governments.

List of Subjects in 5 CFR Parts 870

    Administrative practice and procedure, Government employees, Life 
insurance, Retirement.

    U.S. Office of Personnel Management.
Beth F. Cobert,
Acting Director.
    Accordingly, OPM is amending 5 CFR part 870 as follows:

[[Page 72686]]

PART 870--FEDERAL EMPLOYEES' GROUP LIFE INSURANCE PROGRAM

0
1. The authority citation for part 870 is revised to read as follows:

    Authority: 5 U.S.C. 8716; Subpart J also issued under section 
599C of Pub. L. 101-513, 104 Stat. 2064, as amended; Sec. 
870.302(a)(3)(ii) also issued under section 153 of Pub. L. 104-134, 
110 Stat. 1321; Sec. 870.302(a)(3) also issued under sections 
11202(f), 11232(e), and 11246(b) and (c) of Pub. L. 105-33, 111 
Stat. 251, and section 7(e) of Pub. L. 105-274, 112 Stat. 2419; Sec. 
870.302(a)(3) also issued under section 145 of Pub. L. 106-522, 114 
Stat. 2472; Secs. 870.302(b)(8), 870.601(a), and 870.602(b) also 
issued under Pub. L. 110-279, 122 Stat. 2604. Subpart E also issued 
under 5 U.S.C. 8702(c); Sec. 870.601(d)(3) also issued under 5 
U.S.C. 8706(d); Sec. 870.703(e)(1) also issued under section 502 of 
Pub. L. 110-177, 121 Stat. 2542; Sec. 870.705 also issued under 5 
U.S.C. 8714b(c) and 8714c(c); Public Law 104-106, 110 Stat. 521.

Subpart C--Eligibility

0
2. Revise Sec.  870.302(b)(2) to read as follows:


Sec.  870.302  Exclusions.

* * * * *
    (b) * * *
    (2) An employee who is employed for an uncertain or purely 
temporary period, who is employed for brief periods at intervals, or 
who is expected to work less than 6 months in each year. Exception: An 
employee who receives an appointment of at least 1 year's duration as 
an Intern under Sec.  213.3402 of this chapter, entitled ``Entire 
executive civil service; Pathways Programs,'' and who is expected to be 
in a pay status for at least one-third of the total period of time from 
the date of the first appointment to the completion of the work-study 
program.
* * * * *
[FR Doc. 2016-25507 Filed 10-20-16; 8:45 am]
BILLING CODE 6325-39-P



                                                                                                                                                                                                   72685

                                                  Rules and Regulations                                                                                         Federal Register
                                                                                                                                                                Vol. 81, No. 204

                                                                                                                                                                Friday, October 21, 2016



                                                  This section of the FEDERAL REGISTER                    became the Pathways Programs. As                      Regulatory Flexibility Act
                                                  contains regulatory documents having general            directed by the President, the Pathways
                                                  applicability and legal effect, most of which           Programs provides clear paths to                         The Regulatory Flexibility Act of 1980
                                                  are keyed to and codified in the Code of                Federal internships and potential                     (Pub. L. 96–354) (RFA) establishes ‘‘as a
                                                  Federal Regulations, which is published under           careers in Government for students and                principle of regulatory issuance that
                                                  50 titles pursuant to 44 U.S.C. 1510.                                                                         agencies shall endeavor, consistent with
                                                                                                          recent graduates. The E.O. also created
                                                  The Code of Federal Regulations is sold by              the Schedule D authority that supports                the objectives of the rule and of
                                                  the Superintendent of Documents. Prices of              the Pathways Programs by authorizing                  applicable statutes, to fit regulatory and
                                                  new books are listed in the first FEDERAL               exceptions to the competitive hiring                  informational requirements to the scale
                                                  REGISTER issue of each week.                            rules. Under the Schedule D authority,                of the businesses, organizations, and
                                                                                                          agencies are able, under OPM’s                        governmental jurisdictions subject to
                                                                                                          guidance, to use excepted service hiring              regulation. To achieve this principle,
                                                  OFFICE OF PERSONNEL                                     to fill positions from among a particular             agencies are required to solicit and
                                                  MANAGEMENT                                              class of eligible individuals—students                consider flexible regulatory proposals
                                                                                                          and recent graduates.                                 and to explain the rationale for their
                                                  5 CFR Parts 870                                                                                               actions to assure that such proposals are
                                                                                                          II. Discussion of Final Rule
                                                  RIN 3206–AM98                                                                                                 given serious consideration.’’ The RFA
                                                                                                             This final rule updates the FEGLI                  covers a widerange of small entities,
                                                  Federal Employees’ Group Life                           regulation to change the name of the                  including small businesses, not-for-
                                                  Insurance Program: Excepted Service                     internship programs under FEGLI rules
                                                                                                                                                                profit organizations, and small
                                                  and Pathways Programs                                   and provides that employees hired
                                                                                                                                                                governmental jurisdictions.
                                                                                                          under the Pathways Programs authority
                                                  AGENCY:  U.S. Office of Personnel                       may elect to enroll for coverage in                      Agencies must perform a review to
                                                  Management.                                             FEGLI, if applicable Federal                          determine whether a rule will have a
                                                  ACTION: Final rule.                                     requirements are met. This change was                 significant economic impact on a
                                                                                                          omitted in the OPM final rule (77 FR                  substantial number of small entities. If
                                                  SUMMARY:    This action amends the rule                 28194) issued in 2012 concerning the                  the agency determines that it will, the
                                                  to reflect that excepted service                        excepted service internship programs.                 agency must prepare a regulatory
                                                  employees hired under the internship                    However, this final rule does not                     flexibility analysis as described in the
                                                  program known as the Pathways                           establish new enrollment eligibility for              RFA. I certify that this regulation will
                                                  Programs may elect to enroll in Federal                 any Pathways Programs interns.                        not have a significant economic impact
                                                  Employee’s Group Life Insurance                            Agencies should continue to refer to               on a substantial number of small entities
                                                  (FEGLI), if applicable Federal                          the supplementary information                         because the regulation only affects life
                                                  requirements are met. This action is                    published in the aforementioned final                 insurance benefits of Federal employees
                                                  necessary due to the omission of                        rule and the guidance that is on the                  and retirees.
                                                  technical changes to OPMs final rule,                   OPM Web site at: http://www.opm.gov/
                                                  Excepted Service, Career and Career-                    policy-data-oversight/hiring-authorities/             Executive Order 12866, Regulatory
                                                  Conditional Employment, and Pathways                    students-recent-graduates/.                           Review
                                                  Programs, issued on May 11, 2012,                       Analysis of and Responses to Public                     This rule has been reviewed by the
                                                  which concerns the excepted service                     Comments                                              Office of Management and Budget in
                                                  internship programs. The effect of this
                                                  action is to remove a barrier to                           We received one comment on the                     accordance with Executive Order 12866.
                                                  recruiting students and recent graduates                interim final rule relating to agency
                                                                                                                                                                Federalism
                                                  to help the Federal Government better                   guidance materials. The sole commenter
                                                  compete with all employers when it                      asked if OPM will issue new guidance                    We have examined this rule in
                                                  comes to hiring qualified applicants for                to Federal agencies concerning the                    accordance with Executive Order 13132,
                                                  entry-level positions.                                  changed scheduling authority for                      Federalism, and have determined that
                                                                                                          Pathways Programs participants. In                    this rule will not have any negative
                                                  DATES: This rule is effective on October
                                                                                                          response to the comment, OPM will not                 impact on the rights, roles and
                                                  21, 2016.                                               issue guidance to Federal agencies                    responsibilities of State, local, or tribal
                                                  FOR FURTHER INFORMATION CONTACT:                        based on the changed scheduling
                                                  Ronald Brown, Policy Analyst, (202)                                                                           governments.
                                                                                                          authority. The OPM amends this rule to
                                                  606–0004, or by email to                                reflect technical changes concerning                  List of Subjects in 5 CFR Parts 870
                                                  Ronald.Brown@opm.gov.                                   Pathways Program interns to conform
                                                  SUPPLEMENTARY INFORMATION:                              with the final Pathways rule published                  Administrative practice and
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                                                                                                          on May 11, 2012 (77 FR 28194). The                    procedure, Government employees, Life
                                                  I. Background                                           technical changes are necessary to                    insurance, Retirement.
                                                    On December 27, 2010, Executive                       reflect that the schedule appointment                   U.S. Office of Personnel Management.
                                                  Order (E.O.) 13562 was signed and                       authority for Pathways Programs interns               Beth F. Cobert,
                                                  established the Internship Program and                  changed to Schedule D. Lastly, the
                                                                                                                                                                Acting Director.
                                                  the Recent Graduates Program, which,                    intern programs were renamed and we
                                                  along with the Presidential Management                  needed to change the name in the                        Accordingly, OPM is amending 5 CFR
                                                  Fellows Program, as modified therein,                   regulation. See § 870.302(b)(2).                      part 870 as follows:


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                                                  72686             Federal Register / Vol. 81, No. 204 / Friday, October 21, 2016 / Rules and Regulations

                                                  PART 870—FEDERAL EMPLOYEES’                             and establish an additional lender                    to enhance their opportunity for
                                                  GROUP LIFE INSURANCE PROGRAM                            status. The EZ Guarantee Program will                 success. FSA direct and guaranteed loan
                                                                                                          help lenders reduce costs of                          applicants are often beginning farmers
                                                  ■  1. The authority citation for part 870               underwriting and servicing loans to                   and socially disadvantaged farmers who
                                                  is revised to read as follows:                          help meet the unique financing needs of               do not qualify for conventional loans
                                                     Authority: 5 U.S.C. 8716; Subpart J also             small farm operations. The intended                   because of insufficient net worth or
                                                  issued under section 599C of Pub. L. 101–               effects of the rule are to make                       established farmers who have suffered
                                                  513, 104 Stat. 2064, as amended; Sec.                   guaranteed loan programs more widely                  financial setbacks due to natural
                                                  870.302(a)(3)(ii) also issued under section             available and attractive to small farm                disasters or economic downturns. FSA
                                                  153 of Pub. L. 104–134, 110 Stat. 1321; Sec.            operations and the lenders who work                   tailors direct and guaranteed loans to a
                                                  870.302(a)(3) also issued under sections                with those farm operations through a                  customer’s needs and may be used to
                                                  11202(f), 11232(e), and 11246(b) and (c) of                                                                   buy farmland and to finance agricultural
                                                  Pub. L. 105–33, 111 Stat. 251, and section
                                                                                                          more flexible underwriting analysis
                                                                                                          process, reduced application                          production.
                                                  7(e) of Pub. L. 105–274, 112 Stat. 2419; Sec.
                                                  870.302(a)(3) also issued under section 145 of          requirements, and faster FSA approval.                   The Consolidated Farm and Rural
                                                  Pub. L. 106–522, 114 Stat. 2472; Secs.                  In addition, FSA is amending the                      Development Act of 1972 (CONACT,
                                                  870.302(b)(8), 870.601(a), and 870.602(b) also          regulations to make a technical                       Pub. L. 92–419), as amended, authorizes
                                                  issued under Pub. L. 110–279, 122 Stat. 2604.           correction related to chattel appraisal               FSA’s Guaranteed Farm Loan Programs.
                                                  Subpart E also issued under 5 U.S.C. 8702(c);           appeals related to both guaranteed and                EZ Guarantee Program
                                                  Sec. 870.601(d)(3) also issued under 5 U.S.C.           direct loans.
                                                  8706(d); Sec. 870.703(e)(1) also issued under                                                                    FSA is amending its FLP regulations
                                                                                                          DATES:
                                                  section 502 of Pub. L. 110–177, 121 Stat.                                                                     to add an EZ Guarantee Program to
                                                  2542; Sec. 870.705 also issued under 5 U.S.C.              Effective Date: October 21, 2016.
                                                                                                             Comment Dates: We will consider                    further assist the financing needs of
                                                  8714b(c) and 8714c(c); Public Law 104–106,                                                                    small farm operations. Section
                                                  110 Stat. 521.                                          comments on the Paperwork Reduction
                                                                                                                                                                333A(g)(1)(A) of the CONACT states that
                                                                                                          Act that we receive by: December 20,
                                                                                                                                                                FSA will provide lenders with a short,
                                                  Subpart C—Eligibility                                   2016.
                                                                                                             We will consider comments on the                   simplified application for loans which
                                                  ■ 2. Revise § 870.302(b)(2) to read as                  regulatory changes that we receive by:                are $125,000 or less (see 7 U.S.C.
                                                  follows:                                                January 19, 2017.                                     1983a(g)(1)(A)). The EZ Guarantee
                                                                                                                                                                Program process will be the same as the
                                                                                                          ADDRESSES: We invite you to submit
                                                  § 870.302   Exclusions.                                                                                       Guaranteed Loan Program, except there
                                                                                                          comments on this rule. In your                        is a new, self-contained application
                                                  *     *     *     *      *
                                                                                                          comment, specify RIN 0560–AI34, and                   specifically formatted for EZ Guarantee
                                                    (b) * * *
                                                    (2) An employee who is employed for                   include the volume, date, and page                    loans. FSA may request additional
                                                  an uncertain or purely temporary                        number of this issue of the Federal                   information for the application when
                                                  period, who is employed for brief                       Register. You may submit comments by                  necessary to clarify a response on the
                                                  periods at intervals, or who is expected                either of the following methods:                      application before making an approval
                                                                                                             • Federal Rulemaking Portal: Go to                 decision.
                                                  to work less than 6 months in each year.
                                                                                                          http://www.regulations.gov. Follow the                   FSA is adding a definition of an EZ
                                                  Exception: An employee who receives
                                                                                                          instructions for submitting comments.                 Guarantee loan in 7 CFR 761.2. The EZ
                                                  an appointment of at least 1 year’s                        • Mail: Director, Loan Making
                                                  duration as an Intern under § 213.3402                                                                        Guarantee Program will provide
                                                                                                          Division, FLP, FSA, US Department of                  alternatives for application and
                                                  of this chapter, entitled ‘‘Entire                      Agriculture, 1400 Independence Avenue
                                                  executive civil service; Pathways                                                                             financial underwriting process for
                                                                                                          SW., Stop 0522, Washington, DC 20250–                 Operating Loan (OL) and Farm
                                                  Programs,’’ and who is expected to be                   0522.
                                                  in a pay status for at least one-third of                                                                     Ownership loan (FO) purposes. All
                                                                                                             Comments will be available for                     other FLP rules will remain unchanged
                                                  the total period of time from the date of               viewing online at http://
                                                  the first appointment to the completion                                                                       and the funding sources for these EZ
                                                                                                          www.regulations.gov. In addition,                     Guarantee loans will continue to be
                                                  of the work-study program.                              comments will be available for public
                                                  *     *     *     *      *                                                                                    through FSA’s guaranteed OL and FO
                                                                                                          inspection at the above address during                annual appropriations.
                                                  [FR Doc. 2016–25507 Filed 10–20–16; 8:45 am]            business hours from 8 a.m. to 5 p.m.,                    All lenders who meet FSA eligibility
                                                  BILLING CODE 6325–39–P                                  Monday through Friday, except                         criteria (see 7 CFR 762.105, 762.106,
                                                                                                          holidays.                                             and 762.107) will be eligible to originate
                                                                                                          FOR FURTHER INFORMATION CONTACT:                      EZ Guarantee loans. As discussed
                                                  DEPARTMENT OF AGRICULTURE                               Randi Sheffer; telephone: (202) 205–                  below, the rule adds MLP Status in
                                                  Farm Service Agency                                     0682. Persons with disabilities or who                addition to Standard Eligible Lender
                                                                                                          require alternative means for                         (SEL), Certified Lender Program (CLP),
                                                  7 CFR Parts 761 and 762                                 communications should contact the                     and Preferred Lender Program (PLP)
                                                                                                          USDA Target Center at (202) 720–2600                  status. SELs, CLPs, and PLPs may
                                                  RIN 0560–AI34                                           (voice).                                              originate EZ Guarantee loans up to
                                                                                                          SUPPLEMENTARY INFORMATION:                            $100,000. Because of their limited
                                                  EZ Guarantee Program and Micro                                                                                experience in making agricultural loans,
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                                                  Lender Program (MLP) Status                             Background                                            MLPs will be limited to loans up to
                                                  AGENCY:    Farm Service Agency, USDA.                     FSA makes and services a variety of                 $50,000. The streamlined application
                                                  ACTION:   Final rule.                                   direct and guaranteed loans to the                    and new underwriting process will
                                                                                                          nation’s farmers and ranchers who are                 reduce the burden for all of the FSA
                                                  SUMMARY:  The Farm Service Agency                       unable to obtain private commercial                   lender types. Beyond that, we expect
                                                  (FSA) is amending the guaranteed Farm                   credit at reasonable rates and terms.                 that this new EZ Guarantee Program
                                                  Loan Programs (FLP) regulations to                      FSA also provides direct loan customers               may be of particular interest to and used
                                                  implement an EZ Guarantee Program                       with credit counseling and supervision                primarily by small commercial lenders


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Document Created: 2018-02-13 16:35:41
Document Modified: 2018-02-13 16:35:41
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesThis rule is effective on October 21, 2016.
ContactRonald Brown, Policy Analyst, (202) 606-0004, or by email to [email protected]
FR Citation81 FR 72685 
RIN Number3206-AM98
CFR AssociatedAdministrative Practice and Procedure; Government Employees; Life Insurance and Retirement

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