Unknown. Final rule

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--- schema: federal-register doc_type: fedreg source_file: FR-2016-11-08.xml --- 81 216 Tuesday, November 8, 2016 Contents Agriculture Agriculture Department See Animal and Plant Health Inspection Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 78565 2016-26910 Performance Review Board Membership, 78565-78566 2016-26938 Animal Animal and Plant Health Inspection Service RULES Viruses, Serums, Toxins, and Analogous Products: Packaging and Labeling;

Technical Amendments, 78499-78500 2016-26936 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Importation of Fresh Citrus Fruit from Uruguay, Including Citrus Hybrids and Fortunella spp., into the Continental United States, 78566-78567 2016-26941 Environmental Assessments; Availability, etc.: Biological Control of Giant Reed, 78567-78568 2016-26937 Field Release of Genetically Engineered Diamondback Moths; Withdrawal, 78567 2016-26935 Army Army Department NOTICES Meetings:

Board of Visitors, United States Military Academy, 78575-78576 2016-26928 Performance Review Board Membership, 78574-78575 2016-26929 Centers Disease Centers for Disease Control and Prevention NOTICES Meetings: Compliance with the Federal Select Agent Program, 78596-78597 2016-26927 Centers Medicare Centers for Medicare & Medicaid Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 78597 2016-26875 Children Children and Families Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Child and Family Services Plan, Annual Progress and Services Review, and Annual Budget Expenses Request and Estimated Expenditures, 78599 2016-26917 National Study of Title IV-E Child Welfare Waiver Demonstrations, 78598-78599 2016-26939 Coast Guard Coast Guard RULES Special Local Regulations: Saint Andrew Bay; Panama City, FL, 78507-78509 2016-26961 Commerce Commerce Department See National Oceanic and Atmospheric Administration Community Living Administration Community Living Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Evaluation of the State Health Insurance Assistance Program, 78601-78602 2016-26924 Senior Medicare Patrol Program National Beneficiary Survey, 78599-78600 2016-26923 Meetings: Administration on Intellectual and Developmental Disabilities, President's Committee for People with Intellectual Disabilities, 78601 2016-26880 Consumer Product Consumer Product Safety Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals:

Publicly Available Consumer Product Safety Information Database, 78570-78574 2016-26963 Copyright Office Copyright Office, Library of Congress NOTICES Section 512 Study, 78636-78642 2016-26904 Defense Department Defense Department See Army Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Preaward Survey Forms, 78594-78595 2016-26948 Privacy Training, 78595-78596 2016-26889 Manual for Courts-Martial; Supplementary Materials, 78576-78589 2016-26947 Education Department Education Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Foreign Schools Eligibility Criteria Apply to Participate in Title IV HEA Programs, 78590 2016-26914 Implementation of Title I and II-A Program Initiatives, 78589-78590 2016-26944 Environmental Protection Environmental Protection Agency RULES Air Quality State Implementation Plans; Approvals and Promulgations: Texas; Clean Air Act Redesignation Substitute for the Dallas-Fort Worth 1-hour Ozone and 1997 8-hour Ozone Nonattainment Areas, 78688-78691 2016-26585 Texas;

Clean Air Act Redesignation Substitute for the Houston-Galveston-Brazoria 1997 8-hour Ozone Nonattainment Area, 78691-78694 2016-26586 Pesticide Tolerances: Fluxapyroxad, 78509-78513 2016-26966 PROPOSED RULES Air Quality State Implementation Plans; Approvals and Promulgations: Infrastructure Requirements for the 2008 Lead, 2008 Ozone, 2010 NO2, 2010 SO2, and 2012 PM2.5 National Ambient Air Quality Standards; Wyoming, 78529-78539 2016-26860 NOTICES Adequacy Status of Motor Vehicle Emissions Budgets:

Dallas-Fort Worth, TX; Attainment Demonstration, 8-Hour Ozone Motor Vehicle Emission Budgets for Transportation Conformity Purposes, 78591 2016-26957 Meetings: National Advisory Council for Environmental Policy and Technology; Assumable Waters Subcommittee, 78590-78591 2016-26967 Federal Aviation Federal Aviation Administration NOTICES Meetings: RTCA Program Management Committee, 78683-78684 2016-26954 Federal Communications Federal Communications Commission PROPOSED RULES Emergency Alert System:

Wireless Emergency Alerts, 78539-78560 2016-26901 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 78591-78593 2016-26902 2016-26903 Federal Highway Federal Highway Administration NOTICES Meetings: Tribal Transportation Self-Governance Program, 78684 2016-26918 Federal Reserve Federal Reserve System NOTICES Changes in Bank Control: Acquisitions of Shares of a Bank or Bank Holding Company, 78593 2016-26864 Fish Fish and Wildlife Service PROPOSED RULES Co-Management of Subsistence Use of Polar Bears by Alaska Natives:

Conservation of the Alaska-Chukotka Polar Bear Population, 78560-78564 2016-26881 NOTICES Applications: Draft Safe Harbor Agreement and Enhancement of Survival Permit for the Kamehameha Schools; Keauhou and Kilauea Forest Lands, Hawaii Island, HI, 78624-78628 2016-26919 Food and Drug Food and Drug Administration RULES Citizen Petitions, Petitions for Stay of Action, and Submission of Documents to Dockets, 78500-78507 2016-26912 PROPOSED RULES Food Additive Petitions: Novus International, Inc., 78528-78529 2016-26922 Guidance:

Questions and Answers Regarding Food Facility Registration, 78526-78528 2016-26930 NOTICES Determinations that Products Were Not Withdrawn from Sale for Reasons of Safety or Effectiveness: CALAN SR (Verapamil Hydrochloride) Extended-Release Oral Tablet, 180 Milligrams, 78606-78607 2016-26932 Guidance for Industry: Non-Inferiority Clinical Trials to Establish Effectiveness, 78605-78606 2016-26931 Guidance: Medical Device Reporting for Manufacturers, 78603-78605 2016-26933 Meetings:

Ninth Annual Sentinel Initiative, 78607-78608 2016-26934 Study Data Standardization Plan Template, 78602-78603 2016-26913 General Services General Services Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Preaward Survey Forms, 78594-78595 2016-26948 Privacy Training, 78595-78596 2016-26889 Gulf Coast Ecosystem Restoration Council Gulf Coast Ecosystem Restoration Council NOTICES Senior Executive Service Performance Review Board Membership, 78596 2016-26940 Health and Human Health and Human Services Department See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services See Children and Families Administration See Community Living Administration See Food and Drug Administration See Health Resources and Services Administration See National Institutes of Health See Substance Abuse and Mental Health Services Administration Health Resources Health Resources and Services Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Advanced Education Nursing Traineeship Program Specific Data Collection Forms, 78608-78609 2016-26893 Homeland Homeland Security Department See Coast Guard See Transportation Security Administration See U.S. Customs and Border Protection NOTICES Privacy Act; Systems of Records, 78614-78623 2016-26498 2016-26499 Institute of Museum and Library Services Institute of Museum and Library Services NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Community Catalyst: The Role of Libraries and Museums in Community Transformation; A National Leadership Grants Special Initiative, 78642-78643 2016-26894 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau See National Park Service International Trade Com International Trade Commission NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Frozen Warmwater Shrimp from Brazil, China, India, Thailand, and Vietnam, 78632-78634 2016-26899 Investigations;

Determinations, Modifications, and Rulings, etc.: Ammonium Sulfate from China; Final Phase Scheduling, 78631-78632 2016-26951 Certain Food Supplements and Vitamins, Including Ocular Antioxidants and Components Thereof and Products Containing the Same, 78634-78635 2016-26900 Certain Height-Adjustable Desk Platforms and Components Thereof, 78632 2016-26955 Certain Quartz Slabs and Portions Thereof, 78634 2016-26964 Justice Department Justice Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Domestic Violence and Housing Technical Assistance Consortium Safe Housing Needs Assessment, 78635-78636 2016-26920 Land Land Management Bureau NOTICES Realty Actions: Classification of Lands for Recreation and Public Purposes Act Lease for the Vulture Mountains Cooperative Recreation Management Area in Maricopa County, AZ, 78628-78629 2016-26942 Library Library of Congress See Copyright Office, Library of Congress NASA National Aeronautics and Space Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Preaward Survey Forms, 78594-78595 2016-26948 Privacy Training, 78595-78596 2016-26889 National Archives National Archives and Records Administration NOTICES George W. Bush Presidential Library; Disposal of Presidential Records, 78642 2016-26952 National Foundation National Foundation on the Arts and the Humanities See Institute of Museum and Library Services National Institute National Institutes of Health NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: National Cancer Institute Genomic Data Commons Data Submission Request Form, 78609-78610 2016-26891 Meetings: National Human Genome Research Institute, 78610 2016-26892 National Oceanic National Oceanic and Atmospheric Administration PROPOSED RULES Changes to the Coastal Zone Management Act Program Change Procedures, 78514-78526 2016-26680 NOTICES Requests for Nominations: Atlantic Highly Migratory Species; Advisory Panel, 78568-78570 2016-26943 National Park National Park Service NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Visitor Perceptions of Climate Change in National Parks, 78629-78630 2016-26925 Concession Contracts: Fire Island National Seashore, 78630 2016-26916 Sole-Source Concession Contracts: Lake Mead National Recreation Area, 78630-78631 2016-26915 National Science National Science Foundation NOTICES Meetings: Astronomy and Astrophysics Advisory Committee, 78643 2016-26876 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Applications and Amendments Involving Proposed No Significant Hazards Considerations, etc., 78661-78670 2016-26096 Combined Licenses and Record of Decision;

Issuance: Duke Energy Florida, LLC; Levy Nuclear Plant Units 1 and 2, 78658-78659 2016-26946 Facility Operating and Combined Licenses: Applications and Amendments Involving No Significant Hazards Considerations; Biweekly Notice, 78643-78658 2016-26824 Guidance: Statistical Terminology and Notation for Special Nuclear Materials Control and Accountability; Withdrawal, 78670-78671 2016-26911 License Renewals: Purdue University; Purdue University Research Reactor, 78659-78661 2016-26950 Overseas Overseas Private Investment Corporation NOTICES Meetings;

Sunshine Act, 78671 2016-27074 Peace Peace Corps NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals; Correction, 78671 2016-26945 Personnel Personnel Management Office RULES Career and Career-Conditional Employment, 78497-78499 2016-26888 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Death Benefit Payment Rollover Election, 78671-78672 2016-26890 Pipeline Pipeline and Hazardous Materials Safety Administration NOTICES Requests for Nominations:

Voluntary Information-Sharing System Working Group, 78684-78685 2016-26905 Postal Service Postal Service NOTICES Product Changes: First-Class Package Service Negotiated Service Agreement, 78672 2016-26898 Priority Mail Negotiated Service Agreement, 78672 2016-26896 2016-26897 Presidential Documents Presidential Documents EXECUTIVE ORDERS Committees; Establishment, Renewal, Termination, etc.: Power Africa Working Group, President's; Establishment (EO 13746), 78695-78700 2016-27156 Securities Securities and Exchange Commission NOTICES Meetings;

Sunshine Act, 78678 2016-27029 Self-Regulatory Organizations; Proposed Rule Changes: Bats BZX Exchange, Inc., 78673-78675 2016-26908 ICE Clear Credit, LLC, 78677-78678 2016-26906 NASDAQ PHLX, LLC, 78675-78677 2016-26907 Small Business Small Business Administration NOTICES Disaster Declarations: Florida; Amendment 3, 78679 2016-26887 Georgia; Amendment 1, 78680 2016-26884 Iowa, 78679 2016-26882 North Carolina; Amendment 10, 78679 2016-26886 Wisconsin, 78679-78680 2016-26885 Social Social Security Administration NOTICES Privacy Act;

Computer Matching Program, 78680-78682 2016-26862 Substance Substance Abuse and Mental Health Services Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 78610-78613 2016-26968 Surface Transportation Surface Transportation Board NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Class I Railroad Annual Report, 78682 2016-26926 Tennessee Tennessee Valley Authority NOTICES Meetings; Sunshine Act, 78682-78683 2016-27044 Transportation Department Transportation Department See Federal Aviation Administration See Federal Highway Administration See Pipeline and Hazardous Materials Safety Administration Security Transportation Security Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Certification of Identity Form, 78623-78624 2016-26958 Customs U.S. Customs and Border Protection NOTICES Commercial Gaugers and Laboratories; Accreditations and Approvals: Inspectorate America Corp., 78613 2016-26960 King Laboratories, Inc., 78613-78614 2016-26959 Veteran Affairs Veterans Affairs Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Application for Supplemental Service Disabled Veterans Insurance, 78685-78686 2016-26909 Meetings:

National Academic Affiliations Council, 78686 2016-26953 Separate Parts In This Issue Part II Environmental Protection Agency, 78688-78694 2016-26585 2016-26586 Part III Presidential Documents, 78695-78700 2016-27156 Reader Aids Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, and notice of recently enacted public laws. To subscribe to the Federal Register Table of Contents electronic mailing list, go to https://public.govdelivery.com/accounts/USGPOOFR/subscriber/new, enter your e-mail address, then follow the instructions to join, leave, or manage your subscription. 81 216 Tuesday, November 8, 2016 Rules and Regulations OFFICE OF PERSONNEL MANAGEMENT 5 CFR Part 315 RIN 3206-AM64 Career and Career-Conditional Employment AGENCY:

U.S. Office of Personnel Management. ACTION: Final rule. SUMMARY: The U.S. Office of Personnel Management

(OPM)is issuing a final rule on creditable service for career tenure. The final regulation removes the requirement for creditable service to be *substantially continuous* and instead allows an individual to attain career tenure after completing at least 3 years of *total* creditable service. DATES: Effective December 8, 2016. FOR FURTHER INFORMATION CONTACT: Cathy Thornton by telephone at

(202)418-4321; by TTY at

(202)418-3134; by fax at

(202)606-4430; or by email to *cathryn.thornton@opm.gov.* SUPPLEMENTARY INFORMATION: On January 6, 2014, the Office of Personnel Management

(OPM)proposed regulations at 79 FR 610 to revise part 315, title 5, Code of Federal Regulations (CFR), to change the criteria for career tenure in the Federal competitive service. The current regulations require an employee to serve a 3-year period of *substantially continuous* creditable service to attain career tenure. With certain exceptions, the current regulations also require a career-conditional employee who separates from Federal service to restart the 3-year period if there is a break in service of more than 30 days. This final rule removes “substantially continuous” from the requirement for career tenure. Under this final rule, an individual may attain career tenure after completing at least 3 years of *total* creditable service as described in section 315.201(b). Each period of creditable service would stand alone. Once the employee accumulates 3 years of creditable service, he/she would be converted to career tenure. This change also removes the basis for the 30-day break-in-service rule. Because each period of creditable service would stand alone, breaks in service are now irrelevant. This final rule also makes conforming changes to section 315.201(b) and removes references to outdated and obsolete appointing authorities. Comments OPM received 12 sets of comments in response to the proposed rule. Eleven individuals and one professional organization provided comments. All 11 individuals supported the proposed changes. A discussion of the comments follows. One individual suggested the final rule apply to term appointments. OPM is not adopting this suggestion because term appointments are not career or career-conditional appointments and thus do not count towards career tenure. However, creditable service for these purposes may include service on certain overseas limited term appointments under 5 CFR part 301, in accordance with section 315.201(b)(1)(i), and certain term appointments served in accordance with 315.201(b)(3)(iv). Another individual asked how this rule will impact persons employed as overseas family members. For these purposes creditable service may begin, but not end, with an overseas limited appointment of indefinite duration or an overseas limited term appointment under 5 CFR part 301 in accordance with § 315.201(b)(1)(i). Another commenter suggested that the final rule allow time under excepted service appointments to count as creditable service towards the attainment of career tenure. OPM is not adopting this suggestion. Generally speaking, career tenure is acquired through service on a permanent appointment in the competitive service that provides or leads to competitive status. Excepted service appointments, in general, do not lead to or provide competitive status. However, for these purposes creditable service may begin with an excepted service appointment that leads to non-competitive conversion to the competitive service. Readers can find a list of qualifying excepted service appointments in 5 CFR 315.201(b). One commenter asked that OPM consider similar rules for purposes of annual leave accrual. OPM is not adopting this suggestion because it is the beyond the scope of the proposed rule. The professional organization provided a comment pertaining to suicide prevention, which was beyond the scope of the proposed rule. OPM is adopting the proposed rule as final without any changes. E.O. 12866, Regulatory Review This rule has been reviewed by the Office of Management and Budget in accordance with E.O. 12866. Regulatory Flexibility Act I certify that these regulations would not have a significant economic impact on a substantial number of small entities because they would apply only to Federal agencies and employees. Paperwork Reduction Act The information collection requirements contained in this proposed rule are currently approved by the Office of Management and Budget under 3206-A120. This regulation does not modify this approved collection. List of Subjects in 5 CFR Part 315 Government employees. U.S. Office of Personnel Management. Beth F. Cobert, Acting Director. Accordingly, OPM amends 5 CFR part 315 as follows: PART 315—CAREER AND CAREER-CONDITIONAL EMPLOYMENT 1. The authority citation for part 315 continues to read as follows: Authority: 5 U.S.C. 1302, 3301, and 3302; E.O. 10577, 3 CFR, 1954-1958 Comp. p. 218, unless otherwise noted; and E.O. 13562. Secs. 315.601 and 315.609 also issued under 22 U.S.C. 3651 and 3652. Secs. 315.602 and 315.604 also issued under 5 U.S.C. 1104. Sec. 315.603 also issued under 5 U.S.C. 8151. Sec. 315.605 also issued under E.O. 12034, 3 CFR, 1978 Comp. p. 111. Sec. 315.606 also issued under E.O. 11219, 3 CFR, 1964-1965 Comp. p. 303. Sec. 315.607 also issued under 22 U.S.C. 2506. Sec. 315.608 also issued under E.O. 12721, 3 CFR, 1990 Comp. p. 293. Sec. 315.610 also issued under 5 U.S.C. 3304(c). Sec. 315.611 also issued under 5 U.S.C. 3304(f). Sec. 315.612 also issued under E.O. 13473. Sec. 315.710 also issued under E.O. 12596, 3 CFR, 1987 Comp. p. 229. Subpart I also issued under 5 U.S.C. 3321, E.O. 12107, 3 CFR, 1978 Comp. p. 264. 2. In § 315.201, revise paragraphs

(a)and

(b)to read as follows: § 315.201 Service requirement for career tenure.

(a)*Service requirement.* A person employed in the competitive service for other than temporary, term, or indefinite employment is appointed as a career or career-conditional employee subject to the probationary period required by subpart H of this part. Except as provided in paragraph

(c)of this section, an employee must serve at least 3 years of creditable service as defined in paragraph

(b)of this section to become a career employee.

(b)*Creditable service.* Unless otherwise approved by OPM, the service required for career tenure must include service as described in paragraph (b)(1) of this section and total at least 3 years.

(1)*Nontemporary employment.* To be creditable, the 3 years of service must begin with one of the following:

(i)Nontemporary appointment in the competitive service: For this purpose, nontemporary appointment includes a career-conditional appointment. The 3 years may also begin, but not end, with status quo employment under subpart G of part 316 of this chapter, an overseas limited appointment of indefinite duration, or an overseas limited term appointment under part 301 of this chapter. The 3 years also may have begun with permanent employment under now obsolete appointing authorities such as probational, war service indefinite, emergency indefinite, nontemporary appointment from a civil service register to a position in the excepted service before January 23, 1955, temporary appointment pending establishment of a register (also known as TAPER authority), nontemporary appointment to a position in the District of Columbia Government before January 23, 1955, and appointment based on Public Law 83-121. Determinations of whether an obsolete authority provides the basis for creditable service may be obtained from OPM;

(ii)Nontemporary appointment to an excepted position, provided the employee's excepted position was brought into the competitive service and, on that basis, the employee acquired competitive status or was converted to a career-conditional appointment;

(iii)Nontemporary appointment to a nonappropriated fund

(NAF)position in or under the Department of Defense or in or under the U.S. Coast Guard, Department of Homeland Security, provided the employee's NAF position was brought into the competitive service and, on that basis, the employee acquired competitive status or was converted to a career or career-conditional appointment;

(iv)Nontemporary excepted or nonappropriated fund appointment, Foreign Service appointment, or appointment in the Canal Zone Merit System, provided the employee is appointed to a competitive service position under the terms of an interchange agreement with another merit system under § 6.7 of this chapter, under Executive Order 11219 as amended by Executive Order 12292, or under Executive Order 11171;

(v)The date of appointment to a position on the White House Staff or in the immediate office of the President or Vice President, provided the service has been continuous and the individual was appointed to a competitive service position under § 315.602 of this chapter;

(vi)The date of nontemporary excepted appointment under § 213.3202(b) of this chapter (the former Student Career Experience Program) as in effect immediately before July 10, 2012, the effective date of the regulations removing that paragraph, provided the student's appointment was converted to a career or career-conditional appointment under Executive Order 12015 or under Executive Order 13562, with or without an intervening term appointment, and without a break in service of one day;

(vii)The date of veterans recruitment appointment (VRA), provided the appointment is converted to a career or career-conditional appointment under § 315.705 of this chapter, or the person is appointed from a civil service register without a break in service while serving under a VRA;

(viii)The date of nontemporary appointment to the Postal Career Service or the Postal Regulatory Commission after July 1, 1971, provided the individual is appointed to a career or career-conditional appointment under 39 U.S.C. 1006;

(ix)The date of nontemporary appointment under Schedule A, § 213.3102(u) of this chapter, of a person with an intellectual disability, severe physical disability, or a psychiatric disability, provided the employee's appointment is converted to a career or career-conditional appointment under § 315.709;

(x)The date of appointment in the Presidential Management Fellows Program under the provisions of Executive Order 13318, provided the employee's appointment was converted without a break in service to a career or career-conditional appointment under § 315.708 as in effect immediately before July 10, 2012, the effective date of the regulations that removed and reserved that section, or under Executive Order 13562;

(xi)The starting date of active service as an administrative enrollee in the United States Merchant Marine Academy;

(xii)Appointment as a career intern under Schedule B, § 213.3202(o) of this chapter, provided the employee's appointment was converted to a career or career-conditional appointment under § 315.712 as in effect immediately before July 10, 2012, the effective date of the regulations that removed and reserved that section;

(xiii)The date of appointment as a Pathways Participant in the Internship Program under Schedule D, § 213.3402(a) of this chapter, provided the employee's appointment is converted to a career or career-conditional appointment under § 315.713(a), with or without an intervening term appointment, and without a break in service of one day;

(xiv)The date of appointment as a Pathways Participant in the Recent Graduates Program under Schedule D, § 213.3402(b) of this chapter, provided the employee's appointment is converted to a career or career-conditional appointment under § 315.713(b), with or without an intervening term appointment, and without a break in service of one day;

(xv)The date of appointment as a Pathways Participant in the Presidential Management Fellows Program under Schedule D, § 213.3402(c) of this chapter, provided the employee's appointment is converted to a career or career-conditional appointment under § 315.713(c), with or without an intervening term appointment, and without a break in service of one day; and

(xvi)Employment with the District of Columbia Government after January 1, 1980 (the date the District implemented an independent merit personnel system not tied to the Federal system), provided the person was a District employee on December 31, 1979, was converted to the District system on January 1, 1980, and is employed by nontemporary appointment in the competitive service.

(2)*Competitive status.* An individual may attain career tenure only when employed (or reemployed) in a permanent appointment in the competitive service that provides or leads to competitive status.

(3)*Crediting service.* An employee's creditable service must total at least 3 years, under the following conditions:

(i)*Work schedule.*

(A)Full-time service, and part-time service on or after July 1, 1962, are counted as calendar time from the date of appointment to date of separation.

(B)Intermittent service on or after July 1, 1962, is counted as 1 day for each day an employee is in pay status, regardless of the number of hours for which the employee is actually paid on a given day. Agencies should consult the “260-Day Work Year Chart” in OPM's *Guide to Processing Personnel Actions* to convert intermittent days worked to calendar time. The service requirement may not be satisfied in less than 3 years of calendar time.

(ii)*Nonpay status on the rolls and time off the rolls.* An agency may not credit periods of nonpay status and time off the rolls except as follows:

(A)Credit the first 30 calendar days of each period of nonpay status on the rolls during full-time employment, or during part-time employment on or after July 1, 1962. On this same basis, a seasonal employee receives credit for the first 30 calendar days of each period of nonduty/nonpay status. Nonpay status in excess of 30 days is not creditable.

(B)Credit periods of nonpay status and time off the rolls incident to entry into and return from military service and return from defense transfer, provided the person is reemployed in Federal service during the period of his or her statutory or regulatory restoration or reemployment rights.

(C)Credit periods of nonpay status and time off the rolls incident to transfer to and return from an international organization, provided the person is reemployed in Federal service under subpart C of part 352 of this chapter.

(D)Credit periods of nonpay status during which an employee was eligible to receive continuation of pay or injury compensation from the Office of Workers' Compensation Programs. Also credit periods of time off the rolls during which an employee was eligible to receive injury compensation from the Office of Workers' Compensation Programs, provided the person is reemployed under part 353 of this chapter.

(E)Credit up to 30 calendar days for time off the rolls that follows separation by reduction in force of employees who are eligible for entry on the reemployment priority list under subpart B of part 330 of this chapter, provided the person is reemployed in Federal service during the period of his or her reemployment priority.

(F)Credit up to 30 calendar days for time off the rolls that follow involuntary separation without personal cause of employees who are eligible for a noncompetitive appointment based on an interchange agreement with another merit system under § 6.7 of this chapter, provided the person is employed in the competitive service under the agreement during the period of his or her eligibility.

(G)Credit periods of nonpay status incident to an assignment to a State, local, or Indian tribal government, institution of higher education, or other eligible organization provided the employee returns to a creditable appointment pursuant to an agreement established under subchapter VI of chapter 33, title 5, U.S.C., and part 334 of this chapter.

(iii)*Restoration based on unwarranted or improper actions.* Based on a finding made on or after March 30, 1966, that a furlough, suspension, or separation was unwarranted or improper, an employee restored to duty receives full calendar time credit for the period of furlough, suspension, or separation for which he or she is eligible to receive back pay. If the employee is restored to duty at a date later than the original adverse action, credit for intervening periods of nonpay status is given in accordance with other provisions of this subsection. If the employee had been properly separated from the rolls of the agency before a finding was made that the adverse action was unwarranted or improper, the correction and additional service credit given the employee may not extend beyond the date of the proper separation.

(iv)*Intervening service.* Certain types of service that ordinarily are not creditable are counted when they intervene between two periods of creditable service. Under these conditions, credit each period of service:

(A)In the excepted service of the Federal executive branch, including employment in nonappropriated fund positions in or under any Federal agency;

(B)Under temporary, term, or other nonpermanent employment in the Federal competitive service;

(C)In the Senior Executive Service;

(D)In the Federal legislative branch;

(E)In the Federal judicial branch;

(F)In the armed forces;

(G)In the District of Columbia Government through December 31, 1979. For an employee on the District rolls on December 31, 1979, who converted on January 1, 1980, to the District independent personnel system, credit is also given for service between January 1, 1980, and September 25, 1980. Otherwise, service in the District of Columbia Government on or after January 1, 1980, is not creditable as intervening service; and

(H)Performed overseas by family members, as defined by § 315.608 of this chapter. [FR Doc. 2016-26888 Filed 11-7-16; 8:45 am]

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