[Federal Register Volume 74, Number 94 (Monday, May 18, 2009)]
[Rules and Regulations]
[Page 23109]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-11589]



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Rules and Regulations
                                                Federal Register
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Federal Register / Vol. 74, No. 94 / Monday, May 18, 2009 / Rules and 
Regulations

[[Page 23109]]



OFFICE OF PERSONNEL MANAGEMENT

5 CFR Part 300

RIN 3206-AL18


Time-in-Grade Eliminated, Delay of Effective Date

AGENCY: Office of Personnel Management.

ACTION: Final rule; delay of the effective date.

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SUMMARY: The Office of Personnel Management (OPM) is extending the 
effective date of the final rule, titled Time-in-Grade Elimination, 
published in the Federal Register on November 7, 2008, for an 
additional 90 days, from May 18, 2009 to August 16, 2009. OPM is 
extending the effective date to address comments received from the 
March 9, 2009, Federal Register rule, and the May 11, 2009, Federal 
Register proposed rule.

DATES: The effective date for the final rule published in the Federal 
Register on November 7, 2008 (73 FR 66157), that was delayed until May 
18, 2009 (March, 9, 2009, 74 FR 9951), is delayed until August 16, 
2009.

FOR FURTHER INFORMATION CONTACT: Ms. Janice Warren by telephone (202) 
606-0960; by FAX (202) 606-2329; by TTY (202) 418-3134; or by e-mail 
janice.warren@opm.gov.

SUPPLEMENTARY INFORMATION: On May 11, 2009, the U.S. Office of 
Personnel Management (OPM) published in the Federal Register (74 FR 
21771) a proposed rule proposing to extend the final rule's effective 
date to August 16, 2009. The purpose of the proposed extension is to 
delay the effective date so that OPM may thoroughly review and consider 
the comments received from the March 9, 2009, Federal Register rule (74 
FR 9951) to consider issues of law and policy raised by the November 7, 
2008, final rule. The public comment period for the proposal to extend 
and/or revoking the final regulation ended on May 12, 2009. A 
discussion of the comments follows.
    OPM received comments from four agencies, one employee 
organization, and six individuals on the proposal to extend the 
effective date. All four agencies and the employee organization 
supported OPM's proposal to extend the effective date of the final 
regulation. Six individuals opposed the proposed delay of the effective 
date. Two individuals believe the delay would cause additional 
confusion for agency personnel staff. Four individuals commented the 
delay in effective date would unfairly penalize high-performing 
employees who otherwise might be eligible for promotions despite not 
meeting the time-in-grade requirement.
    OPM has carefully considered these comments and has decided to 
delay the effective date of the final regulation until August 16, 2009. 
We note the current administration has not had adequate time to assess 
the impact of TIG removal. Further, we believe a delay in the effective 
date will provide us the opportunity to consider additional comments 
from the May 11, 2009 proposed rule to consider issues of law and 
policy raised by OPM's November 7, 2008 final rule. We also do not wish 
agencies to undertake the significant effort and expense that will 
likely result to achieve the changes that would be required if the rule 
were to go into effect on May 18, 2009, which might be unnecessary if 
OPM decides to modify the rule.

U.S. Office of Personnel Management.
John Berry,
Director.
[FR Doc. E9-11589 Filed 5-14-09; 11:15 am]
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