# 61 FR 63762: Excepted ServiceSchedule A Authority for Temporary Organizations > Federal · Regulations · In force URL: https://www.frixlaw.com/law-library/statutes/FR_PRORULE_96-30596 ## Section - **Citation:** 61 FR 63762 - **Heading:** Excepted ServiceSchedule A Authority for Temporary Organizations - **Jurisdiction:** Federal - **Kind:** Regulations - **Status:** In force - **Text as of:** August 14, 2026 - **Source:** Compiled text - **Location:** Federal Register / Vol. 61 / 61 FR 63762 ## Text Proposed Rules Federal Register ________________________________________________________________________ ======================================================================== Proposed Rules OFFICE OF PERSONNEL MANAGEMENT 5 CFR Part 213 RIN 3206-AH67 Excepted Service--Schedule A Authority for Temporary Organizations AGENCY: Office of Personnel Management. ACTION: Proposed regulations. ----------------------------------------------------------------------- SUMMARY: The Office of Personnel Management (OPM) proposes to amend the Schedule A excepted service appointing authority used by agencies to fill positions in temporary organizations at GS-15 and below. These regulations would delete the maximum grade level limitation to permit agencies to make such appointments also to Senior Level positions. DATES: Comments must be received on or before January 31, 1997. ADDRESSES: Send or deliver written comments to Mary Lou Lindholm, Associate Director for Employment, Office of Personnel Management, Room 6F08, 1900 E Street, NW., Washington, DC 20415. FOR FURTHER INFORMATION CONTACT: Sylvia Cole on (202) 606-0830, TDD (202) 606-0023, or FAX (202) 606-2329. SUPPLEMENTARY INFORMATION: The Schedule A authority for appointing staff in temporary organizations was established in 1979. It permits agencies to fill positions on the staffs of temporary boards and commissions established by law or Executive order for specified periods not to exceed 4 years. The authority also permits appointments in temporary organizations established within existing agencies to perform work outside the agency's continuing responsibilities. Currently appointments can only be made at GS-15 and below. OPM has authority to except positions under Schedule A when examining for them is impracticable. Temporary boards and commissions established by law or Executive order need to be staffed and become operational immediately. The urgency of the staffing needs does not permit use of normal appointment procedures. When the authority was originally established there was no need to include positions above GS-15, because the executive assignments system covered positions at grades GS-16, 17 and 18. Under this system positions could be filled noncompetitively in the competitive service by limited executive assignments. Agencies used this authority to appoint individuals to temporary organizations. The Federal Employees Pay Comparability Act of 1990 abolished grades GS-16, 17, and 18, and the executive assignment system, and established the Senior Level system. Unlike the executive assignment system, the Senior Level system does not provide for noncompetitive time-limited appointments. Agencies, therefore, have no mechanism to staff temporary organizations quickly with individuals above the GS-15 level. Removal of the GS-15 limit would restore to agencies the staffing flexibility they had prior to 1990. Regulatory Flexibility Act I certify that these regulations will not have a significant economic impact on a substantial number of small entities (including small businesses, small organizational units, and small governmental jurisdictions) because the regulations apply only to appointment procedures used to appoint certain employees in Federal agencies. Executive Order 12866, Regulatory Review This rule has been reviewed by the Office of Management and Budget in accordance with Executive Order 12866. List of Subjects in 5 CFR Part 213 Government employees, Reporting and recordkeeping requirements. U.S. Office of Personnel Management. James B. King, Director. Accordingly, OPM proposes to amend 5 CFR part 213 as follows: 1. The authority citation for part 213 continues to read as follows: Authority: 5 U.S.C. 3301 and 3302, E.O. 10577, 3 CFR 1954-1958 Comp., p. 218; Sec. 213.101 also issued under 5 U.S.C. 2103; Sec. 213.3102 also issued under 5 U.S.C. 3301, 3302, 3307, 8337(h) and 8456; E.O. 12364, 47 FR 22931, 3 CFR 1982 Comp., p. 185; and Pub. L. 103-353. 2. In Sec. 213.3199, the first sentence of paragraph (a) and the introductory text in paragraph (b) are revised to read as follows: Sec. 213.3199 Temporary organizations. (a) Positions on the staffs of temporary boards and commissions which are established by law or Executive order for specified periods not to exceed 4 years to perform specific projects. * * * (b) Positions on the staffs of temporary organizations within continuing agencies when all of the following conditions are met: * * * * * * * * [FR Doc. 96-30596 Filed 11-29-96; 8:45 am] BILLING CODE 6325-01-M ## Nearby sections - [61 FR 33 St. Marys Falls Canal and Locks, Michigan; Use, Administration, and Navigation](https://www.frixlaw.com/law-library/statutes/FR_PRORULE_95-31543.md) - [61 FR 295 Public Workshop on the Regulation of Radioactive Devices](https://www.frixlaw.com/law-library/statutes/FR_PRORULE_96-108.md) - [61 FR 552 Retirement Bonds](https://www.frixlaw.com/law-library/statutes/FR_PRORULE_96-165.md) - [61 FR 705 Promoting Wholesale Competition Through Open Access Nondiscriminatory Transmission Services by Public Utilities; Recovery of Stranded Costs by Public Utilities and Transmitting Utilities; Notice of Technical Conference and Potential Broadcast of Technical Conference Concerning Independent System Operators and Reform of Power Pools Under the Federal Power Act](https://www.frixlaw.com/law-library/statutes/FR_PRORULE_96-340.md) - [61 FR 1162 Lending and Investment](https://www.frixlaw.com/law-library/statutes/FR_PRORULE_96-409.md) - [61 FR 1306 Airworthiness Directives; Transport Category Airplanes](https://www.frixlaw.com/law-library/statutes/FR_PRORULE_96-493.md) - [61 FR 1528 Airworthiness Directives; Airbus Model A300 Series Airplanes (Excluding Model A300 B4-600 Series Airplanes)](https://www.frixlaw.com/law-library/statutes/FR_PRORULE_96-590.md) - [61 FR 1545 Procedures For The Issuance, Denial, And Revocation Of Certificates Of Label Approval, Certificates Of Exemption From Label Approval, And Distinctive Liquor Bottle Approvals (93F-029P)](https://www.frixlaw.com/law-library/statutes/FR_PRORULE_96-575.md) - [61 FR 1546 Indiana Regulatory Program](https://www.frixlaw.com/law-library/statutes/FR_PRORULE_96-646.md) - [61 FR 1546 Appropriateness of Requested Single Location Bargaining Units in Representation Cases](https://www.frixlaw.com/law-library/statutes/FR_PRORULE_96-741.md) - [61 FR 1551 Indiana Regulatory Program](https://www.frixlaw.com/law-library/statutes/FR_PRORULE_96-648.md) - [61 FR 1870 Proposed Revision of Class E Airspace; Belen, NM](https://www.frixlaw.com/law-library/statutes/FR_PRORULE_96-1004.md) - [61 FR 1873 Proposed Revision of Class E Airspace; Marshall, TX](https://www.frixlaw.com/law-library/statutes/FR_PRORULE_96-1007.md) - [61 FR 1889 Defense Federal Acquisition Regulation Supplement; Finance](https://www.frixlaw.com/law-library/statutes/FR_PRORULE_96-973.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/FR_PRORULE_96-30596. 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