Document

Suitability Action Appeals; Correction

The Office of Personnel Management (OPM) published a final rule in the Federal Register on August 3, 2026, concerning suitability action appeals. That document contained typogra...

Office of Personnel Management
  1. 5 CFR Part 731
  2. [Docket ID: OPM-2025-0173]
  3. RIN 3206-AO97
( printed page 54798)

AGENCY:

Office of Personnel Management.

ACTION:

Final rule; correction.

SUMMARY:

The Office of Personnel Management (OPM) published a final rule in the Federal Register on August 3, 2026, concerning suitability action appeals. That document contained typographical and structural errors in the regulatory text. This document corrects the final rule.

DATES:

Effective September 2, 2026.

FOR FURTHER INFORMATION CONTACT:

Aaron Gottesman, Senior Advisor to the Director, by email at or by phone at (202) 606-7400.

SUPPLEMENTARY INFORMATION:

OPM published a final rule on August 3, 2026 (91 FR 49034; FR Doc. 2026-15650), revising subpart E of 5 CFR part 731. The document contained clerical errors, including missing spaces in § 731.504(c); a limiting principle miscast as an item in the list of sanctions in § 731.506(b); a cross-reference in § 731.505(b) that erroneously included paragraph (d) of that section, which provides for the assignment of an administrative judge rather than an administrative law judge; and citation-form and capitalization errors. In addition, the preamble relies on 5 U.S.C. 3302, which was inadvertently omitted from the revised authority citation for part 731. This document corrects those errors before the rule's effective date. The corrections are non-substantive.

Regulatory Review

OPM has examined this rule under Executive Orders 12866 and 13563. For the reasons discussed above, this rule is not a significant regulatory action under Executive Order 12866. This is not an E.O. 14192 regulatory action because this rule is not significant under E.O. 12866.

Signing Statement

The Director of OPM, Scott Kupor, reviewed and approved this document and has authorized the undersigned to electronically sign and submit this document to the Office of the Federal Register for publication.

Office of Personnel Management.

Jerson Matias,

Federal Register Liaison.

Correction

In FR Doc. 2026-15650, appearing on page 49034 in the Federal Register of Monday, August 3, 2026, the following corrections are made:

PART 731 [CORRECTED]

1. On page 49065, in the third column, in amendatory instruction 1, in the authority citation for part 731, remove “ 5 U.S.C. 1103, 1302, 2301, 2302, 3301, 7301.” and add in its place “5 U.S.C. 1103, 1302, 2301, 2302, 3301, 3302, 7301.”.

[Corrected]

2. On page 49067, starting in the second column, in § 731.503:

a. In paragraph (c)(1), remove “documents establishing” and add in its place “Documents establishing”;

b. In paragraph (c)(2), remove “all investigative” and add in its place “All investigative”;

c. In paragraph (c)(3), remove “the charge-by-charge” and add in its place “The charge-by-charge”;

d. In paragraph (c)(4), remove “the written final decision” and add in its place “The written final decision”;

e. In paragraph (c)(5), remove “any direction from OPM” and add in its place “Any direction from OPM”;

f. In paragraph (c)(6), remove “a certification” and add in its place “A certification”;

g. In the paragraph (f) subject heading, remove “Service of Documents.” and add in its place “Service of documents.”; and

h. In the paragraph (g) subject heading, remove “Untimely Filings.” and add in its place “Untimely filings.”.

[Corrected]

3. On page 49068, in the first column, in § 731.504(c), remove “an employee ofthe responsibleagency or OPMand” and add in its place “an employee of the responsible agency or OPM and”.

[Corrected]

4. On page 49068, starting in the second column, in § 731.505:

a. In paragraph (b), remove “under this paragraph or paragraphs (a) or (d) of this section” and add in its place “under this paragraph (b) or paragraph (a) of this section”; and

b. In paragraph (e), remove “pursuant to paragraph (d),” and add in its place “pursuant to paragraph (d) of this section,”.

5. On page 49069, in the first column, in § 731.506, paragraph (b)(4) is redesignated as paragraph (c) and corrected to read as follows:

[Corrected]

(c) Scope of sanctions. Any sanction issued under paragraph (b) of this section must be proportionate, causally related to the violation, and no broader than necessary to protect the adjudicatory process.

[FR Doc. 2026-17337 Filed 8-24-26; 8:45 am]

BILLING CODE 6325-39-P

Legal Citation

Federal Register Citation

Use this for formal legal and research references to the published document.

91 FR 54798

Web Citation

Suggested Web Citation

Use this when citing the archival web version of the document.

“Suitability Action Appeals; Correction,” thefederalregister.org (August 25, 2026), https://thefederalregister.org/documents/2026-17337/suitability-action-appeals-correction.