[Federal Register: April 20, 2005 (Volume 70, Number 75)]
[Rules and Regulations]
[Page 20457]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20ap05-1]
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Rules and Regulations
Federal Register
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This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
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[[Page 20457]]
OFFICE OF PERSONNEL MANAGEMENT
5 CFR Part 310
RIN 3206-AK03
Employment of Relatives
AGENCY: Office of Personnel Management.
ACTION: Final regulation.
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SUMMARY: The Office of Personnel Management (OPM) is issuing final
regulations on a plain language rewrite of its regulations regarding
the employment of relatives as part of a broader review of OPM's
regulations. The purpose of the revision is to make the regulations
more readable.
DATES: Effective Date: May 20, 2005.
FOR FURTHER INFORMATION CONTACT: Mr. Scott A. Wilander by telephone at
(202) 606-0830; by TTY at (202) 418-3134; by fax at (202) 606-0390; or
by e-mail at sxwiland@opm.gov.
SUPPLEMENTARY INFORMATION: OPM published for comment on September 22,
2003, (at 68 FR 55012) proposed regulations revising Part 310 to make
it more readable. We also proposed to eliminate subpart A because it
merely restates the provisions of 5 U.S.C. 3110 which outline the legal
restrictions on the employment of relatives.
Comments on Part 310
We received comments from two agencies on this proposal. Both
agencies questioned the use of a question-and-answer format for
regulations under Title 5, and indicated that they preferred the
existing demonstrative statements for titles throughout the Code of
Federal Regulations (CFR). We agree with this view and have adopted the
agencies' recommendations.
Both agencies also opposed dropping provisions of the regulations
that repeat the law. They believed it was beneficial to include these
provisions, if only to provide a one-stop-shopping service so that
readers would not have to consult both the law and the regulations. We
can appreciate this view and, as a result, in general we leave what we
perceive to be critical parts of relevant law in regulation. We do not
consider that to be necessary or appropriate in this instance, however,
because OPM has no particular responsibility for administering this
law.
One agency questioned whether the exception that permits the
employment of relatives under certain circumstances ``not to exceed 1
month,'' means 30 or 31 days. The agency suggested changing this
provision in the regulations to read 30 days. We have adopted this
suggestion.
This agency also suggested dividing the proposed rule into two
parts to address two important points: (1) Legal restrictions on the
employment of relatives; and (2) Exceptions to the legal restrictions
on the employment of relatives. We believe this is a good suggestion
and have adopted it.
Finally, one agency suggested making clear in the first sentence of
proposed section 310.101 that the restriction on the employment of
relatives applies to public officials. We have done so.
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 it
affects only Federal employees.
List of Subjects in 5 CFR Part 310
Government employees.
U.S. Office of Personnel Management.
Dan G. Blair,
Acting Director.
0
Accordingly, OPM is revising 5 CFR part 310 to read as follows:
PART 310--EMPLOYMENT OF RELATIVES
Sec.
310.101 Legal restrictions on public officials in the employment of
relatives.
310.102 Exceptions to the legal restrictions on the employment of
relatives.
Authority: 5 U.S.C. 3110.
Sec. 310.101 Legal restrictions on public officials in the employment
of relatives.
Section 3110 of title 5, United States Code, sets forth the legal
restrictions on the employment of relatives.
Sec. 310.102 Exceptions to the legal restrictions on the employment
of relatives.
Subsection (d) of 5 U.S.C. 3110 authorizes the Office of Personnel
Management to prescribe regulations authorizing the temporary
employment of relatives, in certain conditions, notwithstanding the
restrictions. This regulation sets forth exceptions to the
restrictions. When necessary to meet urgent needs resulting from an
emergency posing an immediate threat to life or property, or a national
emergency as defined in Sec. 230.402(a)(1) of this title, a public
official may employ relatives to meet those needs without regard to the
restrictions on the employment of relatives in 5 U.S.C. 3110. Such
appointments are temporary and may not exceed 30 days, but the agency
may extend such an appointment for one additional 30-day period if the
emergency need still exists at the time of the extension.
[FR Doc. 05-7842 Filed 4-19-05; 8:45 am]
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