83_FR_54475 83 FR 54266 - Examining System

83 FR 54266 - Examining System

OFFICE OF PERSONNEL MANAGEMENT

Federal Register Volume 83, Issue 209 (October 29, 2018)

Page Range54266-54268
FR Document2018-23340

The U.S. Office of Personnel Management (OPM) is issuing a proposed regulation to revise its direct-hire authority (DHA) regulations. The revision is necessary to implement Executive Order (E.O.) 13833 titled, ``Enhancing the Effectiveness of Agency Chief Information Officers'' which requires OPM to issue proposed regulations delegating to the head of a covered agency authority necessary to determine whether there is a severe shortage of candidates or a critical hiring need for information technology (IT) positions under certain conditions, sufficient to justify a DHA. The intended effect of this change is to enhance the Government's ability to recruit needed IT professionals.

Federal Register, Volume 83 Issue 209 (Monday, October 29, 2018) 
[Federal Register Volume 83, Number 209 (Monday, October 29, 2018)]
[Proposed Rules]
[Pages 54266-54268]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-23340]


========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

========================================================================


Federal Register / Vol. 83, No. 209 / Monday, October 29, 2018 / 
Proposed Rules

[[Page 54266]]



OFFICE OF PERSONNEL MANAGEMENT

5 CFR Part 337

RIN 3206-AN65


Examining System

AGENCY: U.S. Office of Personnel Management.

ACTION: Proposed rule.

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

SUMMARY: The U.S. Office of Personnel Management (OPM) is issuing a 
proposed regulation to revise its direct-hire authority (DHA) 
regulations. The revision is necessary to implement Executive Order 
(E.O.) 13833 titled, ``Enhancing the Effectiveness of Agency Chief 
Information Officers'' which requires OPM to issue proposed regulations 
delegating to the head of a covered agency authority necessary to 
determine whether there is a severe shortage of candidates or a 
critical hiring need for information technology (IT) positions under 
certain conditions, sufficient to justify a DHA. The intended effect of 
this change is to enhance the Government's ability to recruit needed IT 
professionals.

DATES: OPM must receive comments on or before December 28, 2018.

ADDRESSES: You may submit comments, identified by docket number and/or 
Regulatory Information Number (RIN) and title, by any of the following 
methods:
     Federal Rulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Mail: Ms. Kimberly A. Holden, Deputy Associate Director 
for Talent Acquisition and Workforce Shaping, U.S. Office of Personnel 
Management, Room 6500-AJ, 1900 E Street NW, Washington, DC 20415-9700; 
email at [email protected]; or fax at (202) 606-4430.
    All submissions received must include the agency name and docket 
number or RIN for this document. The general policy for comments and 
other submissions from members of the public is to make these 
submissions available for public viewing at http://www.regulations.gov 
as they are received without change, including any personal identifiers 
or contact information.

FOR FURTHER INFORMATION CONTACT: Darlene Phelps at (202) 606-0960, by 
fax at (202) 606-4430, TDD at (202) 418-3134, or by email at 
[email protected].

SUPPLEMENTARY INFORMATION: On May 15, 2018, the President signed E.O. 
13833, titled, ``Enhancing the Effectiveness of Agency Chief 
Information Officers'' (83 FR 23345). The E.O. is aimed at modernizing 
the Federal Government's information technology infrastructure and 
improving the delivery of digital services and the management, 
acquisition, and oversight of Federal IT. Section 9 of the E.O. directs 
OPM to propose regulations pursuant to which OPM may delegate to the 
heads of certain agencies (other than the Secretary of Defense) 
authority to determine, under regulations prescribed by OPM, whether a 
severe shortage of candidates (or, for the U.S. Department of Veterans 
Affairs (VA) a severe shortage of highly qualified candidates) or a 
critical hiring need exists for positions in the Information Technology 
Management (IT) Series, general schedule (GS)-2210 or equivalent, for 
purposes of an entitlement to a direct hire authority (DHA). The 
agencies covered by the E.O. are those listed in 31 U.S.C. 901(b), or 
independent regulatory agencies defined in 44 U.S.C. 3502(5).
    OPM is proposing to amend its regulations to delegate to the heads 
of covered agencies the authority to determine whether a severe 
shortage of candidates (VA need only determine the existence of a 
severe shortage of highly qualified candidates) or a critical hiring 
need exists for IT positions. The current rules do not provide for a 
delegation of authority in relation to direct hire authorities; only 
OPM may make these determinations. When determining the existence of a 
severe shortage of qualified candidates for IT positions, an agency 
exercising such a delegation would be required to justify its 
determination using the supporting evidence prescribed in section 
337.204(b) of title 5, Code of Federal Regulations (CFR). When 
determining the presence of a critical hiring need, an agency 
exercising such a delegation would be required to justify its 
determination in accordance with the criteria prescribed in 5 CFR 
337.205(b). OPM has further developed these criteria in Direct Hire 
templates available at https://www.opm.gov/policy-data-oversight/hiring-information/direct-hire-authority/templates.pdf. Agency heads 
would be expected to make use of these templates in making their 
findings. The supporting evidence used for either determination would 
be required to be kept in a file for documentation and auditing 
purposes in accordance with 5 CFR 337.206.
    Under the current DHA provisions at 5 U.S.C. 3304(a)(3) and 5 CFR 
part 337 subpart B, OPM determines the existence of a severe shortage 
of candidates or a critical hiring need and may grant DHA to one or 
more agencies pursuant to this determination. Thus OPM is responsible 
for making both a determination that the DHA is warranted and for 
granting the actual DHA. While E.O. 13833 authorizes OPM to submit a 
proposed regulation that would sever these actions for IT positions (in 
other words, permit the heads of agencies to make the determination, 
but preserve OPM's responsibility for granting DHA based on an agency's 
determination), OPM is choosing to delegate to agency heads its 
authority to actually issue the DHA under 5 U.S.C. 1104(a)(2) in the 
circumstances specified. OPM will, however, maintain oversight of the 
use of this authority as provided in 5 U.S.C. 1104(b). Therefore, after 
the determination is made, the deciding agency is required to provide 
the determination and a description of the supporting evidence to OPM. 
OPM may request access to the underlying documentation at any time, and 
may require corrective action in accordance with 5 U.S.C. 1104(c) and 
section 337.206 of the regulation.
    The proposed rules contemplate that, after an agency head has 
authorized DHA under these rules, the agency could use this authority 
to hire needed individuals for initial appointments lasting longer than 
1 year, but not to exceed 4 years. The hiring agency, at its 
discretion, could extend the initial appointment up to an additional 4 
years. No individual hired under these provisions could serve in excess 
of 8

[[Page 54267]]

years at the same agency. No individual hired under these provisions 
could be transferred to positions that are not IT positions. An agency 
would be required to use this authority in accordance with the 
provisions of 5 CFR part 337 subpart B and in the same manner it would 
for filling other positions under DHA. Generally speaking, this would 
entail providing applicants with public notice consistent with the 
provisions of 5 CFR 337.203, assessing applicants to determine whether 
they have the level of proficiency required to perform the duties of 
the position being filled, and giving selection priority to qualified 
applicants eligible under the agency's Reemployment Priority List 
(RPL), Career Transition Assistance Plan (CTAP), and the Interagency 
Career Transition Assistance Plan (ICTAP) in accordance with 5 CFR part 
330 subparts B, F, and G before selecting other qualified applicants. 
An agency would not be able to assess applicants in order to make more 
meaningful or relative distinctions as to the quality of the applicant 
pool; i.e., an agency could not rate and rank applicants and select 
them based on a numerical rating or categorize and select them in terms 
of ``good, better, best'' or similar quality designations. Applicants 
who met the required proficiency level would be deemed to be equally 
qualified for these purposes. Each agency would then be expected to 
select qualified applicants in the order in which their applications 
were received and processed.
    OPM is revising its regulations to:
    a. Add new subsections, 337.204(d), and 337.205(b) titled, 
``Information Technology Positions'' to propose implementing rules with 
respect to covered agencies, agency authority, conditions for using 
these provisions, and duration of appointments.

E.O. 12866, Regulatory Review

    This rule has been reviewed by the Office of Management and Budget 
in accordance with Executive Order 12866.

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.

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 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 has been designated a ``significant regulatory 
action,'' under Executive Order 12866.

Executive Order 13771: Reducing Regulation and Controlling Regulatory 
Costs

    This proposed rule is not expected to be subject to the 
requirements of E.O. 13771 (82 FR 9339, February 3, 2017) because this 
proposed rule is expected to be related to agency organization, 
management, or personnel

E.O. 13132, 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.

E.O. 12988, Civil Justice Reform

    This regulation meets the applicable standard set forth in section 
3(a) and (b)(2) of Executive Order 12988.

Unfunded Mandates Reform Act of 1995

    This rule will not result in the expenditure by State, local or 
tribal governments of more than $100 million annually. Thus, no written 
assessment of unfunded mandates is required.

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 of 1995 (44 U.S.C. Chapter 35)

    This proposed regulatory action will not impose any additional 
reporting or recordkeeping requirements under the Paperwork Reduction 
Act.

List of Subjects in 5 CFR Part 337

    Government employees.


    U.S. Office of Personnel Management.
Alexys Stanley,
Regulatory Affairs Analyst.
    Accordingly, we propose to amend 5 CFR part 337 as follows:

PART 337--EXAMINING SYSTEM

0
1. Revise the authority citation for part 337 to read as follows:

    Authority:  5 U.S.C. 1104(a), 1302, 2302, 3301, 3302, 3304, 
3319, 5364; E.O. 10577, 3 CFR 1954-1958 Comp., p. 218; 33 FR 12423, 
Sept. 4, 1968; and 45 FR 18365, Mar. 21, 1980; 116 Stat. 2135, 2290; 
117 Stat 1392, 1665; and E.O. 13833.

Subpart B--Direct Hire Authority

0
2. Add paragraph (d) to Sec.  337.204 to read as follows:


Sec.  337.204  Severe shortage of candidates.

* * * * *
    (d) Information Technology (IT) positions. (1) The head of a 
covered agency, as defined in paragraph (d)(2) of this section, may 
determine whether a severe shortage of candidates exists at that agency 
for any position in the information technology management series, 
general schedule (GS)-2210 or equivalent. In making such a 
determination, a covered agency must adhere to and use the supporting 
evidence prescribed in 5 CFR 337.204(b)(1)-(8). For purposes of 
paragraph (b)(5) of this section, the U.S. Department of Veterans 
Affairs (VA) need only determine whether a severe shortage of highly 
qualified candidates exists. In addition, a covered agency must 
maintain a file of the supporting evidence for documentation and 
reporting purposes. Upon determination of such a finding, an agency 
head may approve a direct hire authority for covered positions within 
the agency.
    (2) Covered agency. A covered agency is an entity listed in 31 
U.S.C. 901(b) (except the Department of Defense), or an independent 
regulatory agency defined in 44 U.S.C. 3502(5).
    (3) Notification to the U.S. Office of Personnel Management (OPM). 
Once the head of a covered agency affirmatively determines the presence 
of a severe shortage and the direct hire authority is approved by the 
agency head, he or she must notify OPM within 10 business days. Such 
notification must include a description of the supporting evidence 
relied upon in making the determination.
    (4) Using this authority. A covered agency must adhere to all 
provisions of subpart B of this part.

[[Page 54268]]

    (5) Length of appointments. A covered agency may use this authority 
to appoint individuals for a period of more than 1 year, but not more 
than 4 years.
    (i) A covered agency may extend any appointment under this 
authority for up to 4 additional years, if the direct hire authority 
remains in effect.
    (ii) No individual may serve more than 8 years on an appointment 
made under these provisions for information technology positions.
    (iii) No individual hired under these provisions may be transferred 
to positions that are not IT positions.
0
3. Add paragraph (c) to Sec.  337.205 to read as follows:


Sec.  337.205  Critical hiring needs.

* * * * *
    (c) Information Technology (IT) positions. (1) The head of a 
covered agency, as defined in paragraph (c)(2) of this section, may 
determine whether a critical hiring need exists for any position in the 
information technology management series, general schedule (GS)-2210 or 
equivalent. In making such a determination, a covered agency must 
adhere to and use the supporting evidence criteria prescribed in 
paragraphs (b)(1)-(4) of this section. In addition, a covered agency 
must maintain a file of the supporting evidence for documentation and 
reporting purposes. Upon determination of such a finding, an agency 
head may approve a direct hire authority for covered positions within 
the agency.
    (2) Covered agency. A covered agency is an entity listed in 31 
U.S.C. 901(b) (excluding the Department of Defense), or an independent 
regulatory agency defined in 44 U.S.C. 3502(5).
    (3) Notification to the U.S. Office of Personnel Management (OPM). 
Once the head of a covered agency affirmatively determines the presence 
of a critical hiring need and the direct hire authority is approved by 
the agency head, he or she must notify OPM within 10 business days. 
Such notification must include a description of the supporting evidence 
relied upon in making the determination.
    (4) Using this authority. A covered agency must adhere to all 
provisions of subpart B of this part.
    (5) Length of appointments. A covered agency may use this authority 
to appoint individuals for a period of more than 1 year, but not more 
than 4 years, if the direct hire authority remains in effect.
    (i) A covered agency may extend any appointment under this 
authority for up to 4 additional years.
    (ii) No individual may serve more than 8 years on an appointment 
made under these provisions for information technology positions.
    (iii) No individual hired under these provisions may be transferred 
to positions that are not IT positions.

[FR Doc. 2018-23340 Filed 10-26-18; 8:45 am]
 BILLING CODE 6325-39-P

54266 Proposed Rules Federal Register Vol. 83, No. 209 Monday, October 29, 2018 This section of the FEDERAL REGISTER is to make these submissions available agency exercising such a delegation contains notices to the public of the proposed for public viewing at http:// would be required to justify its issuance of rules and regulations. The www.regulations.gov as they are determination in accordance with the purpose of these notices is to give interested received without change, including any criteria prescribed in 5 CFR 337.205(b). persons an opportunity to participate in the personal identifiers or contact OPM has further developed these rule making prior to the adoption of the final information. criteria in Direct Hire templates rules. FOR FURTHER INFORMATION CONTACT: available at https://www.opm.gov/ Darlene Phelps at (202) 606–0960, by policy-data-oversight/hiring- OFFICE OF PERSONNEL fax at (202) 606–4430, TDD at (202) information/direct-hire-authority/ MANAGEMENT 418–3134, or by email at templates.pdf. Agency heads would be Darlene.Phelps@opm.gov. expected to make use of these templates 5 CFR Part 337 SUPPLEMENTARY INFORMATION: On May in making their findings. The RIN 3206–AN65 15, 2018, the President signed E.O. supporting evidence used for either 13833, titled, ‘‘Enhancing the determination would be required to be Examining System Effectiveness of Agency Chief kept in a file for documentation and Information Officers’’ (83 FR 23345). auditing purposes in accordance with 5 AGENCY: U.S. Office of Personnel CFR 337.206. The E.O. is aimed at modernizing the Management. Under the current DHA provisions at Federal Government’s information ACTION: Proposed rule. technology infrastructure and improving 5 U.S.C. 3304(a)(3) and 5 CFR part 337 the delivery of digital services and the subpart B, OPM determines the SUMMARY: The U.S. Office of Personnel existence of a severe shortage of Management (OPM) is issuing a management, acquisition, and oversight of Federal IT. Section 9 of the E.O. candidates or a critical hiring need and proposed regulation to revise its direct- may grant DHA to one or more agencies directs OPM to propose regulations hire authority (DHA) regulations. The pursuant to this determination. Thus pursuant to which OPM may delegate to revision is necessary to implement OPM is responsible for making both a the heads of certain agencies (other than Executive Order (E.O.) 13833 titled, determination that the DHA is the Secretary of Defense) authority to ‘‘Enhancing the Effectiveness of Agency warranted and for granting the actual determine, under regulations prescribed Chief Information Officers’’ which DHA. While E.O. 13833 authorizes OPM by OPM, whether a severe shortage of requires OPM to issue proposed to submit a proposed regulation that candidates (or, for the U.S. Department regulations delegating to the head of a would sever these actions for IT of Veterans Affairs (VA) a severe covered agency authority necessary to positions (in other words, permit the shortage of highly qualified candidates) determine whether there is a severe heads of agencies to make the or a critical hiring need exists for shortage of candidates or a critical positions in the Information Technology determination, but preserve OPM’s hiring need for information technology Management (IT) Series, general responsibility for granting DHA based (IT) positions under certain conditions, schedule (GS)–2210 or equivalent, for on an agency’s determination), OPM is sufficient to justify a DHA. The purposes of an entitlement to a direct choosing to delegate to agency heads its intended effect of this change is to hire authority (DHA). The agencies authority to actually issue the DHA enhance the Government’s ability to covered by the E.O. are those listed in under 5 U.S.C. 1104(a)(2) in the recruit needed IT professionals. 31 U.S.C. 901(b), or independent circumstances specified. OPM will, DATES: OPM must receive comments on regulatory agencies defined in 44 U.S.C. however, maintain oversight of the use or before December 28, 2018. 3502(5). of this authority as provided in 5 U.S.C. ADDRESSES: You may submit comments, OPM is proposing to amend its 1104(b). Therefore, after the identified by docket number and/or regulations to delegate to the heads of determination is made, the deciding Regulatory Information Number (RIN) covered agencies the authority to agency is required to provide the and title, by any of the following determine whether a severe shortage of determination and a description of the methods: candidates (VA need only determine the supporting evidence to OPM. OPM may • Federal Rulemaking Portal: http:// existence of a severe shortage of highly request access to the underlying www.regulations.gov. Follow the qualified candidates) or a critical hiring documentation at any time, and may instructions for submitting comments. need exists for IT positions. The current require corrective action in accordance • Mail: Ms. Kimberly A. Holden, rules do not provide for a delegation of with 5 U.S.C. 1104(c) and section Deputy Associate Director for Talent authority in relation to direct hire 337.206 of the regulation. Acquisition and Workforce Shaping, authorities; only OPM may make these The proposed rules contemplate that, U.S. Office of Personnel Management, determinations. When determining the after an agency head has authorized Room 6500–AJ, 1900 E Street NW, existence of a severe shortage of DHA under these rules, the agency amozie on DSK3GDR082PROD with PROPOSALS1 Washington, DC 20415–9700; email at qualified candidates for IT positions, an could use this authority to hire needed employ@opm.gov; or fax at (202) 606– agency exercising such a delegation individuals for initial appointments 4430. would be required to justify its lasting longer than 1 year, but not to All submissions received must determination using the supporting exceed 4 years. The hiring agency, at its include the agency name and docket evidence prescribed in section discretion, could extend the initial number or RIN for this document. The 337.204(b) of title 5, Code of Federal appointment up to an additional 4 general policy for comments and other Regulations (CFR). When determining years. No individual hired under these submissions from members of the public the presence of a critical hiring need, an provisions could serve in excess of 8 VerDate Sep<11>2014 17:06 Oct 26, 2018 Jkt 247001 PO 00000 Frm 00001 Fmt 4702 Sfmt 4702 E:\FR\FM\29OCP1.SGM 29OCP1

Federal Register / Vol. 83, No. 209 / Monday, October 29, 2018 / Proposed Rules 54267 years at the same agency. No individual environmental, public health and safety List of Subjects in 5 CFR Part 337 hired under these provisions could be effects, distributive impacts, and Government employees. transferred to positions that are not IT equity). Executive Order 13563 positions. An agency would be required emphasizes the importance of U.S. Office of Personnel Management. to use this authority in accordance with quantifying both costs and benefits, of Alexys Stanley, the provisions of 5 CFR part 337 subpart reducing costs, of harmonizing rules, Regulatory Affairs Analyst. B and in the same manner it would for and of promoting flexibility. This rule Accordingly, we propose to amend 5 filling other positions under DHA. has been designated a ‘‘significant CFR part 337 as follows: Generally speaking, this would entail regulatory action,’’ under Executive providing applicants with public notice Order 12866. PART 337—EXAMINING SYSTEM consistent with the provisions of 5 CFR Executive Order 13771: Reducing ■ 1. Revise the authority citation for part 337.203, assessing applicants to Regulation and Controlling Regulatory 337 to read as follows: determine whether they have the level Costs Authority: 5 U.S.C. 1104(a), 1302, 2302, of proficiency required to perform the duties of the position being filled, and This proposed rule is not expected to 3301, 3302, 3304, 3319, 5364; E.O. 10577, 3 giving selection priority to qualified be subject to the requirements of E.O. CFR 1954–1958 Comp., p. 218; 33 FR 12423, applicants eligible under the agency’s Sept. 4, 1968; and 45 FR 18365, Mar. 21, 13771 (82 FR 9339, February 3, 2017) 1980; 116 Stat. 2135, 2290; 117 Stat 1392, Reemployment Priority List (RPL), because this proposed rule is expected 1665; and E.O. 13833. Career Transition Assistance Plan to be related to agency organization, (CTAP), and the Interagency Career management, or personnel Subpart B—Direct Hire Authority Transition Assistance Plan (ICTAP) in accordance with 5 CFR part 330 E.O. 13132, Federalism ■ 2. Add paragraph (d) to § 337.204 to subparts B, F, and G before selecting This regulation will not have read as follows: other qualified applicants. An agency substantial direct effects on the States, § 337.204 Severe shortage of candidates. would not be able to assess applicants on the relationship between the * * * * * in order to make more meaningful or National Government and the States, or (d) Information Technology (IT) relative distinctions as to the quality of on distribution of power and positions. (1) The head of a covered the applicant pool; i.e., an agency could responsibilities among the various agency, as defined in paragraph (d)(2) of not rate and rank applicants and select levels of government. Therefore, in this section, may determine whether a them based on a numerical rating or accordance with Executive Order 13132, severe shortage of candidates exists at categorize and select them in terms of it is determined that this rule does not that agency for any position in the ‘‘good, better, best’’ or similar quality have sufficient federalism implications information technology management designations. Applicants who met the to warrant preparation of a Federalism series, general schedule (GS)-2210 or required proficiency level would be Assessment. equivalent. In making such a deemed to be equally qualified for these E.O. 12988, Civil Justice Reform determination, a covered agency must purposes. Each agency would then be adhere to and use the supporting expected to select qualified applicants This regulation meets the applicable evidence prescribed in 5 CFR in the order in which their applications standard set forth in section 3(a) and 337.204(b)(1)–(8). For purposes of were received and processed. (b)(2) of Executive Order 12988. paragraph (b)(5) of this section, the U.S. OPM is revising its regulations to: a. Add new subsections, 337.204(d), Unfunded Mandates Reform Act of Department of Veterans Affairs (VA) and 337.205(b) titled, ‘‘Information 1995 need only determine whether a severe Technology Positions’’ to propose shortage of highly qualified candidates This rule will not result in the exists. In addition, a covered agency implementing rules with respect to expenditure by State, local or tribal covered agencies, agency authority, must maintain a file of the supporting governments of more than $100 million evidence for documentation and conditions for using these provisions, annually. Thus, no written assessment and duration of appointments. reporting purposes. Upon determination of unfunded mandates is required. of such a finding, an agency head may E.O. 12866, Regulatory Review Congressional Review Act approve a direct hire authority for This rule has been reviewed by the covered positions within the agency. Office of Management and Budget in This action pertains to agency (2) Covered agency. A covered agency accordance with Executive Order 12866. management, personnel and is an entity listed in 31 U.S.C. 901(b) organization and does not substantially (except the Department of Defense), or Regulatory Flexibility Act affect the rights or obligations of an independent regulatory agency I certify that this regulation will not nonagency parties and, accordingly, is defined in 44 U.S.C. 3502(5). have a significant impact on a not a ‘‘rule’’ as that term is used by the (3) Notification to the U.S. Office of substantial number of small entities Congressional Review Act (Subtitle E of Personnel Management (OPM). Once the because it applies only to Federal the Small Business Regulatory head of a covered agency affirmatively agencies and employees. Enforcement Fairness Act of 1996 determines the presence of a severe (SBREFA)). Therefore, the reporting shortage and the direct hire authority is E.O. 13563 and E.O. 12866, Regulatory requirement of 5 U.S.C. 801 does not approved by the agency head, he or she amozie on DSK3GDR082PROD with PROPOSALS1 Review apply. must notify OPM within 10 business Executive Orders 13563 and 12866 days. Such notification must include a Paperwork Reduction Act of 1995 (44 direct agencies to assess all costs and description of the supporting evidence U.S.C. Chapter 35) benefits of available regulatory relied upon in making the alternatives and, if regulation is This proposed regulatory action will determination. necessary, to select regulatory not impose any additional reporting or (4) Using this authority. A covered approaches that maximize net benefits recordkeeping requirements under the agency must adhere to all provisions of (including potential economic, Paperwork Reduction Act. subpart B of this part. 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54268 Federal Register / Vol. 83, No. 209 / Monday, October 29, 2018 / Proposed Rules (5) Length of appointments. A covered under these provisions for information Energy, Office of Electricity, Mailstop agency may use this authority to technology positions. OE–20, Room 8E–030, 1000 appoint individuals for a period of more (iii) No individual hired under these Independence Avenue SW, Washington, than 1 year, but not more than 4 years. provisions may be transferred to DC 20585; 202–586–7668; or oeregs@ (i) A covered agency may extend any positions that are not IT positions. hq.doe.gov. appointment under this authority for up [FR Doc. 2018–23340 Filed 10–26–18; 8:45 am] SUPPLEMENTARY INFORMATION: to 4 additional years, if the direct hire BILLING CODE 6325–39–P Acronyms and Abbreviations. A authority remains in effect. number of acronyms and abbreviations (ii) No individual may serve more are used in this preamble. While this than 8 years on an appointment made may not be an exhaustive list, to ease DEPARTMENT OF ENERGY under these provisions for information the reading of this preamble and for technology positions. 10 CFR Part 1004 reference purposes, the following terms, (iii) No individual hired under these acronyms, and abbreviations are defined provisions may be transferred to RIN 1901–AB44 as follows: positions that are not IT positions. ■ 3. Add paragraph (c) to § 337.205 to Critical Electric Infrastructure DHS Department of Homeland Security read as follows: Information; New Administrative DOE Department of Energy Procedures CEII Critical Electric Infrastructure § 337.205 Critical hiring needs. Information AGENCY: Office of Electricity, U.S. FAST Act Fixing America’s Surface * * * * * Department of Energy. Transportation Act (c) Information Technology (IT) FERC Federal Energy Regulatory positions. (1) The head of a covered ACTION: Notice of proposed rulemaking and opportunity for comment. Commission agency, as defined in paragraph (c)(2) of FOIA Freedom of Information Act this section, may determine whether a SUMMARY: The Department of Energy FPA Federal Power Act critical hiring need exists for any (DOE or Department) publishes a NTIA National Telecommunications and position in the information technology Information Administration proposed rule for public comment to OE Office of Electricity (office within DOE) management series, general schedule implement DOE’s critical electric PMA Power Marketing Administration (GS)–2210 or equivalent. In making infrastructure information (CEII) such a determination, a covered agency designation authority under the Federal Table of Contents must adhere to and use the supporting Power Act. The proposed administrative I. Introduction and Background evidence criteria prescribed in procedures are intended to ensure that II. Discussion of Proposed Rule paragraphs (b)(1)–(4) of this section. In stakeholders and the public understand A. General addition, a covered agency must how the Department would designate, B. Definitions maintain a file of the supporting protect, and share CEII under the C. Summary of Proposed Procedural Rules evidence for documentation and Federal Power Act. for CEII Designation reporting purposes. Upon determination 1. General DATES: Public comment on this 2. Application Matters of such a finding, an agency head may proposed rule will be accepted until (a) Phased Application Process approve a direct hire authority for December 28, 2018. (b) Application Requirements covered positions within the agency. (c) Application Filing Procedures (2) Covered agency. A covered agency ADDRESSES: You may submit comments, (d) Application Amendment and is an entity listed in 31 U.S.C. 901(b) identified by RIN 1901–AB44, by any of Withdrawal (excluding the Department of Defense), the following methods: 3. Public Participation or an independent regulatory agency 1. Federal eRulemaking Portal: Follow (a) Comments defined in 44 U.S.C. 3502(5). the instructions for submitting (b) Motions (3) Notification to the U.S. Office of comments on the Federal eRulemaking (c) Intervention Personnel Management (OPM). Once the Portal at http://www.regulations.gov. III. Public Comment Procedures 2. Email: Send email to oeregs@ IV. Regulatory Review head of a covered agency affirmatively hq.doe.gov. Include RIN 1901–AB44 in A. Executive Order 12866 determines the presence of a critical B. Executive Orders 13771, 13777, and hiring need and the direct hire authority the subject line of the email. Please 13783 is approved by the agency head, he or include the full body of your comments C. National Environmental Policy Act she must notify OPM within 10 business in the text of the message or as an D. Regulatory Flexibility Act days. Such notification must include a attachment. E. Paperwork Reduction Act description of the supporting evidence 3. Mail: Address postal mail to U.S. F. Unfunded Mandates Reform Act of 1995 relied upon in making the Department of Energy, Office of G. Treasury and General Government determination. Electricity, Mailstop OE–20, Room 8E– Appropriations Act, 1999 030, 1000 Independence Avenue SW, H. Executive Order 13132 (4) Using this authority. A covered I. Executive Order 12988 agency must adhere to all provisions of Washington, DC 20585. Due to potential delays in the delivery J. Treasury and General Government subpart B of this part. Appropriations Act, 2001 (5) Length of appointments. A covered of postal mail, we encourage K. Executive Order 13211 agency may use this authority to respondents to submit comments V. Approval of the Office of the Secretary appoint individuals for a period of more electronically to ensure timely receipt. amozie on DSK3GDR082PROD with PROPOSALS1 than 1 year, but not more than 4 years, This notice of proposed rulemaking I. Introduction and Background if the direct hire authority remains in and any comments that DOE receives In this proposed rule, DOE proposes effect. will be made available on to establish procedures for the (i) A covered agency may extend any regulations.gov or the DOE Office of designation of critical electric appointment under this authority for up Electricity website at: https:// infrastructure information (CEII) under to 4 additional years. www.energy.gov/oe/office-electricity. the Fixing America’s Surface (ii) No individual may serve more FOR FURTHER INFORMATION CONTACT: Julie Transportation Act (FAST Act), Public than 8 years on an appointment made Ann Smith, Ph.D., U.S. Department of Law 114–94. The FAST Act contains VerDate Sep<11>2014 17:06 Oct 26, 2018 Jkt 247001 PO 00000 Frm 00003 Fmt 4702 Sfmt 4702 E:\FR\FM\29OCP1.SGM 29OCP1


Document Created: 2018-10-27 01:09:28
Document Modified: 2018-10-27 01:09:28
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rule.
DatesOPM must receive comments on or before December 28, 2018.
ContactDarlene Phelps at (202) 606-0960, by fax at (202) 606-4430, TDD at (202) 418-3134, or by email at [email protected]
FR Citation83 FR 54266 
RIN Number3206-AN65
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