[Federal Register: October 29, 2008 (Volume 73, Number 210)]
[Rules and Regulations]
[Page 64179]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr29oc08-1]
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Rules and Regulations
Federal Register
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[[Page 64179]]
OFFICE OF PERSONNEL MANAGEMENT
5 CFR Part 211
RIN 3206-AL33
Veterans' Preference
AGENCY: U.S. Office of Personnel Management.
ACTION: Final rule.
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SUMMARY: The Office of Personnel Management (OPM) is adopting as a
final rule an interim rule that implemented a change to the definition
of ``active duty'' for veterans' preference entitlement contained in
Sec. 211.102(f) of title 5, Code of Federal Regulations.
DATES: Final rule effective October 29, 2008.
FOR FURTHER INFORMATION CONTACT: Scott A. Wilander, Ed.D., by telephone
at (202) 606-0960; by fax at (202) 606-0390; TTY at (202) 606-3134; or
by e-mail at Scott.Wilander@opm.gov.
SUPPLEMENTARY INFORMATION: On July 27, 2007, OPM issued an interim rule
with request for comments at 72 FR 41215, to amend its regulations
regarding veterans' preference. This rule expanded the definition of
``active duty'' contained in 211.102(f) of title 5, Code of Federal
Regulations, for a ``disabled veteran'' as defined by 5 U.S.C. 2108(2),
to include active duty for training.
OPM received two written comments pertinent to the interim changes.
A discussion of these comments is provided below.
One individual asked OPM to consider changing the definition of
``active duty'' to include active duty for training for a ``veteran,''
defined by 5 U.S.C. 2108(1)(A), who ``served on active duty in the
armed forces during a war, in a campaign or expedition for which a
campaign badge has been authorized, or during the period beginning
April 28, 1952, and ending July 1, 1955.'' The commenter noted that
such a change was necessary because both 5 U.S.C. 2108(2) and
2108(1)(A) use the term ``active duty'' without modification. We agree
and have revised the regulation accordingly.
Another commenter noted that some individuals who are eligible
under these provisions may not have received the documentation (e.g.,
DD-214) required to claim veterans' preference due to the relatively
short duration of their service. We understand it may be difficult for
these individuals to claim veterans' preference without a DD-214 but we
note that OPM provides guidance (e.g., the Delegated Examining
Operations Handbook) to agencies for accepting alternatives to the DD-
214. We will consider adding similar guidance in VetGuide and VetsInfo
Guide to better help job-seeking veterans.
OPM received one written comment from an individual that went
beyond the scope of the amendments contained in the interim rule.
Because this comment was not pertinent to the interim amendments, OPM
is not responding to it. The commenter asked OPM to require agencies,
by regulation, to notify job-seeking veterans of the status of their
job applications and whether their veterans' preference was considered
in the selection process.
E.O. 12866, Regulatory Review
This rule has been reviewed by the Office of Management and Budget
in accordance with Executive Order 12866.
Regulatory Flexibility Act
I certify that this regulation would not have a significant
economic impact on a substantial number of small entities (including
small businesses, small organizational units, and small governmental
jurisdictions) because it affects only Federal employees.
Paperwork Reduction Act
The information collection requirements contained in this final
rule are currently approved by OMB under 3206-AL33. This final
regulation does not modify this approved collection.
List of Subjects in 5 CFR Part 211
Government employees, Veterans.
U.S. Office of Personnel Management.
Michael W. Hager,
Acting Director.
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Accordingly, the interim rule amending part 211 of title 5, Code of
Federal Regulations, which was published at 72 FR 41215 on July 27,
2007, is adopted as a final rule with the following changes:
PART 211--VETERAN PREFERENCE
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1. The authority citation for part 211 continues to read as follows:
Authority: 5 U.S.C. 1302.
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2. In Sec. 211.102, revise paragraph (f) to read as follows:
Sec. 211.102 Definitions.
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(f) Active duty or active military duty--(1) Active duty or active
military duty for veterans defined in paragraphs (a)(1) through (3) and
disabled veterans defined in paragraph (b) of this section means active
duty with military pay and allowances in the armed forces, including
training or for determining physical fitness and including service in
the Reserves or National Guard.
(2) Active duty or active military duty for a veteran defined in
paragraph (a)(4) through (6) of this section means full-time duty with
military pay and allowances in the armed forces, except for training or
for determining physical fitness and except for service in the Reserves
or National Guard.
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[FR Doc. E8-25753 Filed 10-28-08; 8:45 am]
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