Unknown. Interim rule with request for comments

7,093 words·~32 min read·/register/2021/11/05/2021-23871

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

--- schema: federal-register doc_type: fedreg source_file: FR-2021-11-05.xml --- 86 212 Friday, November 5, 2021 Contents Agriculture Agriculture Department See Farm Service Agency See Rural Housing Service See Rural Utilities Service Consumer Financial Protection Bureau of Consumer Financial Protection NOTICES Request for Comments: Big Tech Payment Platforms, 61182-61183 2021-24176 Centers Disease Centers for Disease Control and Prevention NOTICES Amended Order Implementing Presidential Proclamation on Advancing the Safe Resumption of Global Travel During the COVID-19 Pandemic, 61224-61246 2021-24385 Delegation of Authority, 61252 2021-24249 Requirement for Negative Pre-Departure COVID-19 Test Result or Documentation of Recovery from COVID-19 for All Airline or Other Aircraft Passengers Arriving into the United States from Any Foreign Country, 61252-61276 2021-24388 Requirement for Passengers to Provide Designated Information:

Requirement for Airlines and Operators to Collect and Transmit Designated Information for Passengers and Crew Arriving into the United States, 61246-61252 2021-24386 Centers Medicare Centers for Medicare & Medicaid Services RULES Medicare and Medicaid Programs: Omnibus COVID-19 Health Care Staff Vaccination, 61555-61627 2021-23831 Children Children and Families Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Prevention Services Data Collection, 61276 2021-24224 Request for Certification of Adult Victims of Human Trafficking, 61276-61277 2021-24233 Coast Guard Coast Guard RULES Drawbridge Operations:

Ogeechee River, Richmond Hill, GA, 61066-61068 2021-24087 Safety Zones: Potomac River, Between Charles County, MD and King George County, VA, 61068-61071 2021-24271 Special Local Regulations: Savannah Harbor Boat Parade of Lights and Fireworks, Savannah River, Savannah, GA, 61066 2021-24076 Commerce Commerce Department See First Responder Network Authority See International Trade Administration See National Institute of Standards and Technology See National Oceanic and Atmospheric Administration See National Telecommunications and Information Administration NOTICES Membership of the Department Performance Review Board, 61119 2021-24241 Committee for Purchase Committee for Purchase From People Who Are Blind or Severely Disabled NOTICES Procurement List;

Additions and Deletions, 61181-61182 2021-24255 Drug Drug Enforcement Administration NOTICES Decision and Order: George Roussis, M.D., 61316-61323 2021-24205 Larry C. Daniels, M.D., 61630-61664 2021-24206 Education Department Education Department NOTICES Applications for New Awards: Basic Needs for Postsecondary Students Program, 61183-61188 2021-24362 Modeling and Simulation Program, 61188-61193 2021-24360 Rural Postsecondary and Economic Development Grant Program, 61193-61197 2021-24361 Energy Department Energy Department See Federal Energy Regulatory Commission See Western Area Power Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 61198-61199 2021-24270 Application for Blanket Authorization to Export Previously Imported Liquefied Natural Gas to Non-Free Trade Agreement Countries on a Short-Term Basis: Carib Energy (USA), LLC, 61201-61203 2021-24214 Application to Export Electric Energy: BP Energy Co., 61199-61200 2021-24219 Morgan Stanley Capital Group, Inc., 61199 2021-24218 Rassini Energy Project, LLC, 61197-61198 2021-24220 Draft Waste Incidental to Reprocessing Evaluation for the Test Bed Initiative Demonstration, 61200-61201 2021-24213 Environmental Protection Environmental Protection Agency RULES Air Quality State Implementation Plans;

Approvals and Promulgations: Colorado; Revisions to Regulation Number 7; Aerospace, Oil and Gas, and Other RACT Requirements for the 2008 8-Hour Ozone Standard for the Denver Metro/North Front Range Nonattainment Area, 61071-61075 2021-24026 Maryland; Baltimore Area Base Year Inventory for the 2015 Ozone National Ambient Air Quality Standards, 61075-61077 2021-23975 PROPOSED RULES Air Quality State Implementation Plans; Approvals and Promulgations: California; Opacity Testing of Heavy-Duty Diesel Vehicles, 61100-61101 2021-23996 Potential Future Regulation Addressing Pyrolysis and Gasification Units, 61102-61103 2021-24253 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Application for Reimbursement to Local Governments for Emergency Response to Hazardous Substance Releases under CERCLA, 61220 2021-24288 Environmental Impact Statements; Availability, etc., 61220-61221 2021-24212 Export Import Export-Import Bank NOTICES Meetings; Sunshine Act, 61221 2021-24334 Farm Service Farm Service Agency NOTICES Funds Availability: Organic and Transitional Education and Certification Program, 61113-61116 2021-24384 Federal Accounting Federal Accounting Standards Advisory Board NOTICES Renewal of Federal Accounting Standards Advisory Board, 61221 2021-24235 Federal Aviation Federal Aviation Administration RULES Airworthiness Directives:

Airbus Helicopters Deutschland GmbH Helicopters, 61053-61056 2021-24154 Leonardo S.p.a. Helicopters, 61058-61062 2021-24151 2021-24153 Pacific Aerospace Limited Airplanes, 61056-61058, 61063-61064 2021-24084 2021-24085 PROPOSED RULES Airworthiness Directives: General Electric Company Turbofan Engines, 61086-61087 2021-24071 Gulfstream Aerospace Corporation Airplanes, 61088-61090 2021-24082 Rolls-Royce Deutschland Ltd and Co KG (Type Certificate previously held by Rolls-Royce plc) Turbofan Engines, 61083-61085 2021-24056 NOTICES Request To Release Airport Property for Land Disposal, 61380 2021-24190 Waiver of Aeronautical Land Use Assurance:

Wellington Municipal Airport, Wellington, KS, 61381 2021-24195 Federal Communications Federal Communications Commission RULES Interim Usage Charges for the Reassigned Numbers Database, 61077-61079 2021-23855 PROPOSED RULES Resilient Networks; Disruptions to Communications; Disruptions to Communications, 61103-61112 2021-23811 Federal Emergency Federal Emergency Management Agency NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Disaster Assistance Registration, 61283-61284 2021-24286 Federal Energy Federal Energy Regulatory Commission NOTICES Application:

Empire District Electric Co., 61206-61207 2021-24231 Combined Filings, 61204-61205, 61207-61210 2021-24109 2021-24256 2021-24259 Effectiveness of Withdrawal of Application: Adelphia Gateway, LLC, 61210 2021-24230 Initial Market-Based Rate Filings Including Requests for Blanket Section 204 Authorizations: Dry Bridge Solar 1, LLC, 61209 2021-24261 Dry Bridge Solar 2, LLC, 61205-61206 2021-24263 Dry Bridge Solar 3, LLC, 61209 2021-24264 Dry Bridge Solar 4, LLC, 61206 2021-24265 MPH AL Pierce, LLC, 61210-61211 2021-24262 Institution of Section 206 Proceeding and Refund Effective Date:

Tri-State Generation and Transmission Association, Inc., 61203 2021-24260 Request for Extension of Time: Columbia Gulf Transmission, LLC, 61203-61204 2021-24229 Federal Highway Federal Highway Administration NOTICES Surface Transportation Project Delivery Program: Arizona Department of Transportation Final Audit Report, 61381-61386 2021-24215 Federal Motor Federal Motor Carrier Safety Administration NOTICES Meetings: Motor Carrier Safety Advisory Committee, 61386-61387 2021-24245 Federal Reserve Federal Reserve System NOTICES Changes in Bank Control:

Acquisitions of Shares of a Bank or Bank Holding Company, 61223-61224 2021-24276 Privacy Act; Systems of Records, 61221-61223 2021-24159 Federal Transit Federal Transit Administration NOTICES Early Scoping: Central Puget Sound Regional Transit Authority Proposed Everett Link Extension from Lynnwood to Everett, WA, 61387-61389 2021-24181 FIRSTNET First Responder Network Authority NOTICES Meetings: Public Combined Board and Board Committees, 61119-61120 2021-24128 Fish Fish and Wildlife Service NOTICES Categorical Exclusion:

Receipt of Incidental Take Permit Application and Proposed Habitat Conservation Plan for the Sand Skink, Lake County, FL, 61287-61288 2021-24124 Endangered and Threatened Species: Initiation of 5-Year Status Reviews of Six Listed Animal and Plant Species, 61286-61287 2021-24208 Incidental Take Permit Application and Proposed Habitat Conservation Plan: Eastern Indigo Snake, Citrus County, FL; Categorical Exclusion, 61314-61315 2021-24126 Marine Mammals; Incidental Take During Specified Activities;

Proposed Incidental Harassment Authorization for Southern Beaufort Sea Stock of Polar Bears in the Prudhoe Bay Unit and Point Thomson Unit of the North Slope of Alaska, 61288-61314 2021-24371 Food and Drug Food and Drug Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Postmarketing Adverse Experience Reporting and Recordkeeping for Drug and Biological Products, 61277-61279 2021-24236 Withdrawal of Guidance: Compliance Policy Guide Sec. 110.100, 61279 2021-24234 General Services General Services Administration RULES Acquisition Regulation:

Clause and Provision Designation Corrections; Correction, 61080 2021-23940 Personal Identity Verification Requirements Clarification; Correction, 61079-61080 2021-23938 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 Food and Drug Administration See National Institutes of Health See Substance Abuse and Mental Health Services Administration NOTICES Delegation of Authority, 61279-61280 2021-24248 Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency NOTICES Establishment of the Cybersecurity and Infrastructure Security Agency Cybersecurity Advisory Committee, 61284-61285 2021-24254 Public Perceptions of Emerging Technology, 61285 2021-24247 Housing Housing and Urban Development Department NOTICES Delegation of Authority:

Office of the Chief Financial Officer, 61285-61286 2021-24250 Interior Interior Department See Fish and Wildlife Service Internal Revenue Internal Revenue Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Application for Filing Information Returns Electronically, 61399-61400 2021-24242 Regulation Project, 61399 2021-24179 International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews, 61121-61130 2021-24228 Antidumping or Countervailing Duty Investigations, Orders, or Reviews:

Certain Crystalline Silicon Photovoltaic Products from Taiwan, 61131-61133 2021-24257 Certain Steel Nails from Taiwan, 61139-61140 2021-24266 Hydrofluorocarbon Blends from the People's Republic of China, 61120-61121 2021-24185 Uncovered Innerspring Units from the People's Republic of China, 61133-61135 2021-24227 Decision on Application for Duty-Free Entry of Scientific Instruments: Rice University, et al., 61138-61139 2021-24184 Determination of Sales at Less Than Fair Value:

Certain Walk-Behind Snow Throwers and Parts Thereof from the People's Republic of China, 61135-61138 2021-24226 International Trade Com International Trade Commission NOTICES Complaint: Certain Integrated Circuits, Chipsets, and Electronic Devices, and Products Containing the Same, 61315-61316 2021-24173 Justice Department Justice Department See Drug Enforcement Administration Labor Department Labor Department See Occupational Safety and Health Administration See Workers Compensation Programs Office Management Management and Budget Office NOTICES Senior Executive Service Performance Review Board Membership, 61324 2021-24127 Maritime Maritime Administration NOTICES Coastwise Endorsement Eligibility Determination for a Foreign-built Vessel:

ALLY CAT (Sail), 61393-61394 2021-24194 CHIMERA (Sail), 61394-61395 2021-24198 DAYS LIKE THIS (Motor), 61391-61392 2021-24201 EXCELSIOR (Sail), 61392-61393 2021-24199 FREEDOM (Motor), 61389-61390 2021-24197 LORAX (Motor), 61396-61397 2021-24196 OCEAN SPIRIT II (Sail), 61395-61396 2021-24192 ON THE JOB (Sail), 61397-61398 2021-24200 ST. MARYS PILOT (Motor), 61390-61391 2021-24193 National Endowment for the Humanities National Endowment for the Humanities NOTICES Meetings: National Council on the Humanities, 61325 2021-24273 National Foundation National Foundation on the Arts and the Humanities See National Endowment for the Humanities National Institute National Institute of Standards and Technology NOTICES Meetings:

Judges Panel of the Malcolm Baldrige National Quality Award, 61140-61141 2021-24280 National Institute National Institutes of Health NOTICES Meetings: Center for Scientific Review, 61281-61282 2021-24187 National Cancer Institute, 61280 2021-24237 National Institute of Allergy and Infectious Diseases, 61280-61281 2021-24186 2021-24188 National Institute of Dental and Craniofacial Research, 61282 2021-24238 National Institute of Mental Health, 61282 2021-24239 National Institute on Drug Abuse, 61281 2021-24189 National Labor National Labor Relations Board PROPOSED RULES Use of Videoconference Technology to Conduct Unfair Labor Practice and Representation Case Proceedings, 61090-61094 2021-23599 National Oceanic National Oceanic and Atmospheric Administration NOTICES Atlantic Highly Migratory Species:

Southeast Data, Assessment, and Review Workshops Advisory Panel, 61163-61164 2021-24252 Meetings: New England Fishery Management Council, 61141 2021-24161 Takes and Importing Marine Mammals: Geophysical Surveys Related to Oil and Gas Activities in the Gulf of Mexico, 61160-61163 2021-24251 Takes of Marine Mammals Incidental to Specified Activities: Falls Bridge Replacement Project in Blue Hill, Maine, 61164-61181 2021-24164 Palmer Station Pier Replacement Project, Antarctica, 61141-61160 2021-24274 National Science National Science Foundation NOTICES Meetings:

Advisory Committee for Social, Behavioral and Economic Sciences, 61330 2021-24180 Networking and Information Technology Research and Development Program 30th Anniversary Commemoration, 61329-61330 2021-24290 Permit Applications: Antarctic Conservation Act, 61328-61329 2021-24278 Permits Issued under the Antarctic Conservation Act, 61330-61331 2021-24277 National Telecommunications National Telecommunications and Information Administration NOTICES Meetings: Public Combined Board and Board Committees, 61119-61120 2021-24128 National Transportation National Transportation Safety Board NOTICES Senior Executive Service Performance Review Board, 61331 2021-24292 Nuclear Regulatory Nuclear Regulatory Commission RULES List of Approved Spent Fuel Storage Casks:

TN Americas, LLC, TN-32 Dry Storage Cask, Certificate of Compliance No. 1021, Renewal of Initial Certificate and Amendment No. 1, 61047-61053 2021-24216 PROPOSED RULES List of Approved Spent Fuel Storage Casks: TN Americas, LLC, TN-32 Dry Storage Cask, Certificate of Compliance No. 1021, Renewal of Initial Certificate and Amendment No. 1, 61081-61082 2021-24211 NOTICES Meetings; Sunshine Act, 61334-61335 2021-24406 Privacy Act; Systems of Records, 61331-61334 2021-24283 Occupational Safety Health Adm Occupational Safety and Health Administration RULES COVID-19 Vaccination and Testing:

Emergency Temporary Standard, 61402-61555 2021-23643 National Intelligence Office of the Director of National Intelligence NOTICES Privacy Act; Systems of Records, 61325-61328 2021-24267 Personnel Personnel Management Office RULES Hiring Authority for College Graduates, 61043-61047 2021-23871 Rural Housing Service Rural Housing Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 61116-61118 2021-24149 2021-24150 Rural Utilities Rural Utilities Service NOTICES Environmental Impact Statements;

Availability, etc.: Next Era Energy, LLC; Public Meeting; Correction, 61118-61119 2021-24244 Science Technology Science and Technology Policy Office NOTICES Orbital Debris Research and Development Plan, 61335 2021-24125 Securities Securities and Exchange Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 61335-61336, 61339-61340, 61344-61346, 61351-61354, 61356-61357, 61369-61372 2021-24129 2021-24130 2021-24131 2021-24132 2021-24133 2021-24134 2021-24135 2021-24136 2021-24137 2021-24138 2021-24139 2021-24140 2021-24142 2021-24143 2021-24144 2021-24145 2021-24146 2021-24147 Application:

AFA Multi-Manager Credit Fund and Alternative Fund Advisors, LLC, 61337-61339 2021-24295 Blackstone/GSO Floating Rate Enhanced Income Fund, et al., 61372-61379 2021-24148 Meetings; Sunshine Act, 61336 2021-24345 Order: Conditional Exemptions under the Securities Exchange Act in Connection with the Portfolio Margining of Cleared Swaps and Security-based Swaps that are Credit Default Swaps, 61357-61369 2021-24170 Self-Regulatory Organizations; Proposed Rule Changes: Cboe Exchange, Inc., 61340-61344 2021-24169 Nasdaq PHLX, LLC, 61346-61351 2021-24165 New York Stock Exchange, LLC, 61352-61356 2021-24166 2021-24168 NYSE Arca, Inc., 61344-61345 2021-24167 State Department State Department RULES Visas:

Nonimmigrant Visas, 61064-61066 2021-24045 Substance Substance Abuse and Mental Health Services Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 61282-61283 2021-24221 Surface Transportation Surface Transportation Board NOTICES Exemption: Operation; 325 South Route 31 Railroad, LLC; Tracks of 325 South Route 31, LLC, Kendall County, IL, 61379-61380 2021-24282 Meetings: Rail Energy Transportation Advisory Committee, 61379 2021-24178 Transportation Department Transportation Department See Federal Aviation Administration See Federal Highway Administration See Federal Motor Carrier Safety Administration See Federal Transit Administration See Maritime Administration NOTICES Privacy Act;

Systems of Records, 61398-61399 2021-24156 Treasury Treasury Department See Internal Revenue Service DFC U S International Development Finance Corporation NOTICES Hearings, 61183 2021-24155 Veteran Affairs Veterans Affairs Department PROPOSED RULES Readjustment Counseling Service Scholarship Program, 61094-61100 2021-23822 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Application by Insured Terminally Ill Person for Accelerated Benefit, 61400 2021-24223 Western Western Area Power Administration NOTICES Rate Order:

Salt Lake City Area Integrated Projects, 61211-61219 2021-24217 Workers' Workers Compensation Programs Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Request for Electronic Service of Orders--Waiver of Certified Mail Requirement, 61323-61324 2021-24272 Separate Parts In This Issue Part II Health and Human Services Department, Centers for Medicare & Medicaid Services, 61555-61627 2021-23831 Labor Department, Occupational Safety and Health Administration, 61402-61555 2021-23643 Part III Justice Department, Drug Enforcement Administration, 61630-61664 2021-24206 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. 86 212 Friday, November 5, 2021 Rules and Regulations OFFICE OF PERSONNEL MANAGEMENT 5 CFR Parts 315 and 330 RIN 3206-AN79 Hiring Authority for College Graduates AGENCY: Office of Personnel Management. ACTION: Interim rule with request for comments.

SUMMARY: The Office of Personnel Management

(OPM)is issuing an interim rule, with an opportunity for comment, to amend its career and career-conditional employment regulations. The revision is necessary to implement the John S. McCain National Defense Authorization Act

(NDAA)for Fiscal Year

(FY)2019, which requires OPM to issue regulations, in interim final form, establishing hiring authorities for college graduates into positions at specified grades in the competitive service. The intended effect of the authority is to provide additional flexibility in hiring eligible and qualified individuals. DATES: *Effective date:* This interim rule is effective December 6, 2021. *Comments due date:* OPM must receive comments on or before January 4, 2022. ADDRESSES: You may submit comments, identified by the docket number or Regulation Identifier Number

(RIN)for this proposed rulemaking, by the following method: *Federal eRulemaking Portal: http://www.regulations.gov.* Follow the instructions for sending comments. All submissions must include the agency name and docket number or RIN for this rulemaking. Please arrange and identify your comments on the regulatory text by subpart and section number; if your comments relate to the supplementary information, please refer to the heading and page number. All comments received will be posted without change, including any personal information provided. Please ensure your comments are submitted within the specified open comment period. Before finalizing this rule, OPM will consider all comments we receive on or before the closing date for comments. OPM may make changes to the final rule in light of the comments we receive. FOR FURTHER INFORMATION CONTACT: Katika Floyd at

(202)606-0960, by fax at

(202)606-4430, TDD at

(202)418-3134, or by email at *employ@opm.gov* . SUPPLEMENTARY INFORMATION: On August 13, 2018, the President signed Public Law 115-232, the National Defense Authorization Act for Fiscal Year 2019, ( *i.e.,* the Act). Section 1108 of the Act established a new hiring authority, codified at 5 U.S.C. 3115, for appointing college graduates into positions at specified grades in the competitive service. This section also directs OPM to issue regulations, on an interim final basis, to implement this authority. Section 1108 of the Act also established a hiring authority for the time-limited appointments of Post-Secondary Students. OPM will issue regulations to implement the hiring authority for Post-Secondary students in a separate notice. OPM is issuing interim regulations, with an opportunity for comments, that will create a new section 315.614 in subpart F of part 315, title 5, Code of Federal Regulations (CFR), and revise part 330 Recruitment, Selection, and Placement (General) to implement these provisions. The interim rule for college graduates allows agencies to make appointments of eligible individuals directly into the competitive service, without regard to 5 U.S.C. 3309-3319 and 3330. Readers should note that this new hiring authority is separate and distinct from the Pathways Program and other programs for recent graduates authorized under the Executive Order 13562 (establishing the Pathways Programs, and providing for appointments in the excepted service for Interns, Recent Graduates, and Presidential Management Fellows as defined in that Order). When using this authority, agencies must provide public notification in accordance with Section 1108, as codified at 5 U.S.C. 3315, and the merit system principles, and notify OPM, in accordance with 5 U.S.C. 3327(b). Because section 1108 of the Act waives the requirement for OPM to post a vacancy to be filled under this authority that would otherwise apply (5 U.S.C. 3330), agencies are not required to use *www.USAJOBS.gov* ( *i.e.,* USAJOBS) to provide notice of these vacancies. Although posting on USAJOBS is optional, 5 U.S.C. 3327 requires agencies to notify OPM of the vacancies they intend to fill under this authority. OPM will provide additional information on meeting the requirements of 5 U.S.C. 3327(b) in supplemental guidance. Agencies may wish to use USAJOBS, nevertheless, in light of that system's ability to assist with the requirement to collect demographic information. Moreover, agencies must, pursuant to 5 U.S.C. 3327(b), notify OPM of positions to be filled through this authority, whether or not an agency uses USAJOBS. Agencies must advertise positions in a manner that provides for “diverse and qualified applicants,” 5 U.S.C. 3115(d)(2)(B), and “ensure[s] that potential applicants have appropriate information relevant to the positions” being filled. *Id.* at 3115(d)(2)(C). As indicated in 5 U.S.C. 3115(c), agencies must determine whether an applicant meets the eligibility requirements for the College Graduates hiring authority before giving that applicant further consideration. Agencies must then assess whether an eligible applicant meets the government-wide ( *i.e.,* OPM-approved) or OPM-approved agency-specific minimum qualification standard for the position being filled. Agencies are not required to provide selection priority to eligible and qualified applicants entitled to selection priority in accordance with 5 CFR part 330 subparts F, and G pertaining to Agency Career Transition Assistance Plans (CTAP), and Interagency Career Transition Assistance Plans (ICTAP). OPM has revised these subparts to include exceptions to these provisions when appointments are made using the college graduate authority. Section 1108 of the Act also allows agencies to make appointments without regard to any provision of sections 3309 through 3319 of title 5. An agency may select any eligible individual who meets each minimum qualification standard, without regard to the application of veterans' preference, but must follow merit system principles, 5 U.S.C. 2301, in so doing. Agencies may appoint individuals under this authority to career or career conditional appointments (as appropriate) in the competitive service at the grade levels specified in 5 U.S.C. 3115. OPM is adding a new § 315.614, Interim § 315.614(a) *Agency authority* establishes that an agency may noncompetitively appoint an eligible and qualified College Graduate to any position classified by OPM in the administrative or professional series at or below the General Schedule

(GS)11 level (or equivalent). Interim § 315.614(b) *Eligibility* defines an eligible College Graduate as an individual who has received a bachelors or advanced degree within two years of submitting an application for employment under this authority. For these purposes, a baccalaureate or graduate degree must be obtained from an institution of higher education in accordance with section 101(a) of the Higher Education Act of 1965, as codified at 20 U.S.C. 1001(a). The two-year eligibility period begins on the date the degree is received, not the date of the graduation ceremony. An agency may accept applications from applicants prior to the applicant receiving a degree. If such an applicant is selected, the applicant may not be appointed until after the degree is completed. An applicant who has applied for a specific position within the two-year eligibility period may be appointed to that position after the two-year eligibility period expires. For example, if a student receives a degree in May of 2020 and applies for a position in April of 2022; then the appointment may be made after May of 2022. The date on which an application is submitted is the date on which it was received by the hiring agency. This section also makes clear that for individuals who have completed a degree and have an intervening period of obligated service of at least four years in the uniformed services, the two-year eligibility period begins on the date of the individual's discharge or release from the uniformed service. The intervening period of uniformed service must prevent the individual from applying within the standard two-year period for applying after completing a degree. For example, a service member completes a master's degree in May 2018 while serving in a four-year enlistment period that ends in May 2021. The service member's two-year eligibility period under the authority will begin in May 2021, upon discharge or release from uniformed service, because they were unable to apply and accept a position while completing their service obligation. Or an individual in the Reserve Officers Training Corps

(ROTC)who has a four-year service obligation after graduation would be eligible to apply for a position under the authority within two years of completing the four-year service obligation. Interim § 315.614(c) *Qualifications* explains that individuals appointed under this authority must meet each OPM-prescribed minimum qualification standard, or OPM-approved agency-specific minimum qualification standard, for the position being filled. Interim § 315.614(d) *Classification* establishes that an agency may appoint an eligible and qualified individual to any position classified in the administrative and professional series at the GS 11 level or below (or equivalent), including positions with promotion potential beyond the GS-11 level. Agencies may refer to OPM's, “Introduction to the Position Classification Standards,” available at *https://www.opm.gov/policy-data-oversight/classification-qualifications/classifying-general-schedule-positions/positionclassificationintro.pdf* for a definition of these positions. In addition, agencies can refer to the “Handbook of Occupational Groups and Families” available at *https://www.opm.gov/policy-data-oversight/classification-qualifications/classifying-general-schedule-positions/occupationalhandbook.pdf.* Interim § 315.614(e) *Public notification* contains the public notice and advertising requirements agencies must follow before filling a position using this provision. This section explains that if an agency using this authority does not use USAJOBS to post the position it must post a job announcement on its public facing home web page (home page), or at a minimum, display a link to the job announcement on the hiring agency's public facing home page. Agencies are free to additionally post announcements directly on third party recruitment boards ( *e.g.,* LinkedIn, Monster, Yello) as long as the agency's public facing homepage also includes a link to a specific announcement. This section requires that the agency's job announcement must include the following information about the position being filled: The position's title, series, grade level (or equivalent), minimum qualifications, the position's salary, whether the position has promotion potential to a higher grade(s), any pertinent flexibilities that may be offered in conjunction with the position ( *e.g.,* telework opportunities or student loan repayments), and information on how to apply. This section also requires the agency to adhere to the merit system principles and perform appropriate recruiting and advertising activities to foster a diverse and qualified applicant pool when using the authority. An agency may use USAJOBS to satisfy the public notification requirements and the requirements of 5 U.S.C. 3327. If USAJOBS is not used to advertise a position(s), the agency must satisfy the requirements of 5 U.S.C. 3327 by providing OPM link(s) to the public notification(s) used to solicit applicants as those links are posted. Interim § 315.614(f) *Appointment Type* makes clear that individuals are appointed to permanent career or career-conditional positions in the competitive service. Interim § 315.614(g) *Acquisition of competitive status* explains that an individual appointed under this provision acquires competitive status upon completion of a probationary period in accordance with subpart H of this part. Interim § 315.614(h) *Tenure upon appointment* states that an individual appointed under this provision becomes a career or career-conditional employee in accordance with § 315.201. Interim § 315.614(i) *Limitation on the number of appointments* restricts the number of appointments an agency may make using this authority in a fiscal year. This section specifies that the number of appointments in any fiscal year may not exceed fifteen percent of the number of individuals appointed by the agency the previous fiscal year ( *i.e.,* the fiscal year prior to the fiscal year in which an agency is using this authority) to professional or administrative positions at the GS-11 level (or equivalent) or below under competitive examining procedures. An appointing agency may not count appointments made using direct hire authorities or excepted service authorities, or selections under merit promotion authorities, when establishing the limit for a given fiscal year. In calculating this limitation, agencies must round up or down to the nearest whole number, if necessary, to eliminate a decimal place. Values ending in “.5” may be rounded up to the nearest whole number in determining an agency's cap limitation. Values ending in less than “.5” should be rounded down to the nearest whole number in determining an agency's cap limitation. For example, 15% of 217 is 32.55, which should be rounded up to 33 or .15% of 235 is 35.25, which should be rounded down to 35. This section also provides that OPM may establish a lower percentage limitation based on any factor OPM deems appropriate. OPM shall notify agencies via the OPM website and other venues (such as the Chief Human Capital Officer's Council) of any changes to the numerical limitation. Interim § 315.614(j) *Reporting requirements* describes the type of data and frequency at which agencies must provide information to the Congress and OPM on their use of this authority. Agencies will be required to provide data on the total number of appointments; the grade levels and occupational series of the positions filled; the numerical limit established for the authority; the number of those appointed who have been separated; recruitment activities; and any difficulties encountered in using the authority. OPM will provide written guidance following publication of this rule describing the means by which agencies should collect this information, the timing of such collection and the groups as to which information should be collected. Interim § 315.614(j)(2) establishes that OPM may request from agencies any additional information that it deems necessary to further evaluate the impact and effectiveness of this authority. Interim § 315.614(k) describes the special provisions on the use of the authority by Department of Defense

(DoD)in relation to other DoD specific hiring authorities. Waiver of Proposed Rulemaking Section 3115(f) of Title 5 of the U.S. Code, as enacted by section 1108(a) of Public Law 115-232 (Aug. 13, 2018), the John S. McCain National Defense Authorization Act for Fiscal Year

(FY)2019 (NDAA), directs the rulemaking shall be through “interim regulations, with an opportunity to comment.” Therefore, a general notice of proposed rulemaking, as typically required for rulemaking under 5 U.S.C. 553(b) and 1103(b) need not be issued in advance of this rule. Expected Impact of This Interim Rule OPM is issuing this rule to implement 5 U.S.C. 3115. This statute establishes a hiring authority for college graduates into certain positions at specified grades in the competitive service. The statute and this implementing regulation will allow agencies to make appointments of college graduates directly into the competitive service positions, without regard to rating, ranking and veterans' preference provisions in 5 U.S.C. 3309-3319 and 3330. This authority will be a useful tool as part of an overall strategy to implement strategic workforce and recruitment plans. Costs This interim final rule will affect the operations of over eighty Federal agencies—ranging from cabinet-level departments to small independent agencies. We estimate that this rule will require individuals employed by these agencies to develop policies and procedures to implement the rule and perform outreach and recruitment activities when using the authority. For the purpose of this cost analysis, the assumed average salary rate of Federal employees performing this work will be the rate in 2021 for GS-14, step 5, from the Washington, DC, locality pay table ($138,66 annual locality rate and $66.54 hourly locality rate). We assume that the total dollar value of labor, which includes wages, benefits, and overhead, is equal to 200 percent of the wage rate, resulting in an assumed labor cost of $133.08 per hour. In order to comply with the regulatory changes in this interim final rule, affected agencies will need to review the rule and update their policies and procedures. We estimate that, in the first year following publication of the final rule, this will require an average of 250 hours of work by employees with an average hourly cost of $133.08. This would result in estimated costs in that first year of implementation of about $33,270 per agency, and about $2,661,600 governmentwide. We do not believe this rule will substantially increase the ongoing administrative costs to agencies, including the administrative costs of administering the program and hiring and training new staff. Benefits This authority will allow agencies to use strategic recruiting to hire recent college graduates to fill professional and administrative positions at the GS-11 level and below. When using the authority agencies will have additional flexibility in how college graduates are hired. Federal agencies will determine recruitment sources and processes for the solicitation of applications and will be held responsible for merit-based selections. This authority—when combined with agencies strategic recruitment plans—may help agencies better recruit to fill mission critical occupations. Executive Order 12866 Executive Order 12866 directs 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). In accordance with the provisions of Executive Order 12866, this rule was reviewed by the Office of Management and Budget as a significant, but not economically significant rule. Regulatory Flexibility Act The Director of the Office of Personnel Management certifies that this rule will not have a significant economic impact on a substantial number of small entities. 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. Civil Justice Reform This regulation meets the applicable standard set forth in Executive Order 12988. Unfunded Mandates Reform Act of 1995 This rule will not result in the expenditure by state, local, and tribal governments, in the aggregate, or by the private sector, of $100 million or more in any year, and it will not significantly or uniquely affect small governments. Therefore, no actions were deemed necessary under the provisions of the Unfunded Mandates Reform Act of 1995. Congressional Review Act Subtitle E of the Small Business Regulatory Enforcement Fairness Act of 1996 (known as the Congressional Review Act or CRA) (5 U.S.C. 801 *et seq.* ) requires rules to be submitted to Congress before taking effect. OPM will submit to Congress and the Comptroller General of the United States a report regarding the issuance of this rule before its effective date, as required by 5 U.S.C. 801. The Office of Information and Regulatory Affairs in the Office of Management and Budget has determined that this rule is not a major rule as defined by the CRA, 5 U.S.C. 804. Paperwork Reduction Act (44 U.S.C. 3501-3521) This rule does not impose any new reporting or record-keeping requirements subject to the Paperwork Reduction Act. List of Subjects in 5 CFR Part 315 Government employees. Office of Personnel Management. Alexys Stanley, Regulatory Affairs Analyst. Accordingly, OPM is amending parts 315 and 330 of title 5, Code of Federal Regulations, as follows: PART 315—CAREER AND CAREER CONDITIONAL EMPLOYMENT 1. The authority citation for part 315 is revised 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. 13162. 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. 2560. 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 under E.O. 13473. Sec 315.613 also issued under Pub. L. 114-47, 2(a) (Aug. 7, 2015), amended by Pub. L. 114-328, 1135 (Dec. 23, 2016), as codified at 5 U.S.C. 9602. Sec. 315.614 also is issued under 5 U.S.C. 3115. Sec. 315.708 also issued under E.O. 13318, 3 CFR, 2004 Comp. p. 265. Sec. 315.710 also issued under E.O. 12596, 3 CFR, 1978 Comp. p. 264. Subpart F—Career or Career-Conditional Appointment Under Special Authorities 2. Add § 315.614 to read as follows: § 315.614 Hiring Authority for College Graduates.

(a)*Appointment authority.* In accordance with the provisions of this section, an agency may appoint noncompetitively an eligible and qualified individual to a position classified in a professional or administrative occupational category at the general schedule

(GS)11 level (or equivalent) or below, without regard to the provisions of 5 U.S.C. 3309 through 3319 and 3330.

(b)*Eligibility.* An eligible college graduate is defined as an individual who:

(1)Has received a baccalaureate or graduate degree from an institution of higher education as defined in 20 U.S.C. 1001(a); and

(i)Has submitted an application for the position being filled under this authority (using the date on which the application is received by the hiring agency as the date of submission).

(ii)Not later than two years after the date on which the individual received their degree described in paragraph (b)(1) introductory text of this section; or

(iii)in the case of an individual who has completed a period of not less than four years of intervening obligated service in a uniformed service, not later than two years after the date on which the individual was released or discharged from that uniformed service.

(2)Meets the minimum qualification standards prescribed or approved by OPM for the position to which the individual is being appointed.

(c)*Qualifications.* Agencies must evaluate eligible college graduates using the OPM-prescribed qualification standard, or an OPM-approved agency-specific minimum qualification standard, for the position being filled.

(d)*Classification.* An agency may make an initial appointment of an eligible and qualified individual to any position classified according to OPM classification standards in a professional or administrative occupational series at the GS-11 level (or equivalent) or below, including positions with promotion potential beyond the GS-11.

(e)*Public notice and advertising.* An agency must adhere to merit system principles, and thus must publicly advertise the position in a manner that endeavors to reach qualified individuals from all segments of society, including notifying OPM, in accordance with 5 U.S.C. 3327(b), before filling a position under this authority. To meet this requirement, an agency must display information about the position to be filled on its home page (that is accessible to the general public). An agency may, but is not required to, use *www.USAJOBS.gov* for this purpose. Alternatively, an agency may either provide an actual job announcement on its public-facing web page (home page) or provide a link to the job announcement on its public-facing homepage. The agency should consider whether additional recruitment and advertisement activities are necessary or appropriate to further merit system principles. If USAJOBS is not used to advertise the position, the agency must satisfy the requirements of 5 U.S.C. 3327(b) by providing OPM information about the position in the same format it usually would when posting a position on USAJOBS. A job announcement must include, at a minimum, the following information:

(1)The position title, series, grade level;

(2)The geographic location where the position will be filled;

(3)The starting salary of the position;

(4)The minimum qualifications of the position;

(5)Whether the position has promotion protentional to higher grade levels;

(6)Any other relevant information about the position such as telework opportunities, recruitment incentives, etc.;

(7)Specific information instructing applicants on how to apply;

(8)Equal employment opportunity statement (Agencies may use the recommended equal employment opportunity statement located on OPM's USAJOBS website.); and

(9)Reasonable accommodation statement.

(f)*Appointment type.* College graduates are appointed to career or career-conditional permanent positions in the competitive service.

(g)*Acquisition of competitive status.* A person appointed under this section acquires competitive status upon completion of probationary period in accordance with the provisions of subpart H of this part.

(h)*Tenure upon appointment.* A person appointed under paragraph

(a)of this section becomes a career-conditional employee unless the appointee has already satisfied the requirements for career tenure or is exempt from the service requirement pursuant to § 315.201.

(i)*Numerical limit on the number of appointments.*

(1)Except as provided in paragraph (i)(2) of this section, the total number of individuals that an agency may appoint under this authority during a fiscal year may not exceed 15 percent of the number of individuals that the agency appointed during the previous FY to a position in the competitive service classified in a professional or administrative occupational category, at the GS-11 level or below, or equivalent, under competitive examining procedures. An appointing agency may not count appointments made using direct hire authorities, non-competitive authorities, excepted service authorities, or selections under merit promotion authorities, when establishing the limit for a given fiscal year. In calculating this limitation, agencies must round up or down to the nearest whole number, if necessary, to eliminate a decimal place. Values ending in “.5” or more may be rounded up to the nearest whole number in determining an agency's cap limitation. Values ending in less than “.5” should be rounded down to the nearest whole number in determining an agency's cap limitation.

(2)During any given fiscal year, OPM may establish a lower limitation on the number of individuals that may be appointed under paragraph (i)(1) of this section based on any factor OPM considers appropriate. OPM shall notify agencies via the OPM website to communicate any modification to the numerical limitation.

(j)*Reporting requirements.*

(1)Not later than September 30 of each of the first three fiscal years beginning in FY 2020 an agency that makes an appointment under these provisions must report to Congress and to OPM on the impact of this authority for the fiscal year for which the report is submitted. OPM will provide written guidance, at the time this rule is published, describing the means by which agencies should collect this information, the timing of such collections, and the groups as to which information should be collected. An agency's report must contain the following information:

(i)The total number of individuals appointed by the agency under this authority by position title, series, grade, and geographic location;

(ii)The number of individuals appointed under this authority by the items identified in 5 U.S.C. 3115(g), and in OPM guidance;

(iii)The number of veterans appointed, as defined in 5 U.S.C. 2108;

(iv)Any numerical limitation established in paragraph

(i)of this section;

(v)Recruitment sources, outreach, and recruitment activities used to fill positions;

(vi)The total number of individuals appointed by the agency during the applicable fiscal year to a position in the competitive service classified in a professional or administrative occupational category at the GS-11 level, or an equivalent level, or below;

(vii)The number of individuals appointed under the authority that have been separated to show a break down between involuntary and voluntary separations as well as the reasons for each type of separation;

(viii)Information on difficulties encountered when using the authority;

(2)OPM may request additional information from agencies on their use of this authority. An agency must include in its report to Congress and OPM any additional information required by OPM under this subsection.

(k)*Special provisions for Department of Defense.* These regulations do not preclude the Secretary of Defense from exercising authority to appoint a recent graduate under section 1106 of Public Law 114-328. Additionally, these regulations do not apply to the Department of Defense during the period section 1106 of Public Law 114-328 is in effect. PART 330—RECRUITMENT, SELECTION, AND PLACEMENT (GENERAL) 3. The authority citation for part 330 is revised to read as follows: Authority: 5 U.S.C. 1104, 1302, 3301, 3302, 3304, and 3330; E.O. 10577, 3 CFR, 1954-58 Comp., p. 218; Section 330.103 also issued under 5 U.S.C. 3327; Section 330.104 also issued under sec. 2(d), Pub. L. 114-137, 130 Stat. 310; Subpart B also issued under 5 U.S.C. 3315 and 8151; Section 330.401 also issued under 5 U.S.C. 3310; Subparts F and G also issued under Presidential Memorandum on Career Transition Assistance for Federal Employees, September 12, 1995; Section 330.609 also issued under 5 U.S.C. 3115; Subpart G also issued under 5 U.S.C. 8337(h) and 8456(b); Section 330.707 also issued under 5 U.S.C. 3115 and 3116. Subpart F—Agency Career Transition Assistance Plan

(CTAP)for Local Surplus and Displaced Employees 4. In § 330.609, add paragraph

(ff)to read as follows: § 330.609 Exceptions to CTAP selection priority.

(ff)Make an appointment using the college graduate hiring authority under 5 U.S.C. 3115 and part 315 of this chapter. Subpart G—Interagency Career Transition Assistance Plan (ICTAP) for Displaced Employees 5. In § 330.707, add paragraph

(x)to read as follows: § 330.707 Exceptions to ICTAP selection priority.

(x)Make an appointment using the college graduate hiring authority under 5 U.S.C. 3115 and part 315 of this chapter. [FR Doc. 2021-23871 Filed 11-4-21; 8:45 am]

Connectionstraces to 27

Traces to 27 documents

public-private-law

U.S. Code