Reduction in Force; Correction

Issuing agencies

Abstract

The Office of Personnel Management (OPM) published a final rule in the Federal Register on August 3, 2026, concerning reduction in force. That document contained typographical and clerical errors in amendatory instructions and in the regulatory text. This document corrects the final rule.

Full Text

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<title>Federal Register, Volume 91 Issue 163 (Tuesday, August 25, 2026)</title>
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[Federal Register Volume 91, Number 163 (Tuesday, August 25, 2026)]
[Rules and Regulations]
[Pages 54794-54796]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-17335]


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OFFICE OF PERSONNEL MANAGEMENT

5 CFR Parts 316, 330, 351, 353, and 430

[Docket ID: OPM-2026-0107]
RIN 3206-AO86


Reduction in Force; Correction

AGENCY: Office of Personnel Management.

ACTION: Final rule; correction.

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SUMMARY: The Office of Personnel Management (OPM) published a final 
rule in the Federal Register on August 3, 2026, concerning reduction in 
force. That document contained typographical and clerical errors in 
amendatory instructions and in the regulatory text. This document 
corrects the final rule.

DATES: Effective September 2, 2026.

FOR FURTHER INFORMATION CONTACT: Aaron Gottesman, Senior Advisor to the 
Director, by email at <a href="/cdn-cgi/l/email-protection#60050d100c0f1905050103030f150e140102090c091419200f100d4e070f16"><span class="__cf_email__" data-cfemail="43262e332f2c3a26262220202c362d3722212a2f2a373a032c332e6d242c35">[email&#160;protected]</span></a> or by phone at 
(202) 606-7400.

SUPPLEMENTARY INFORMATION: OPM published a final rule on August 3, 2026 
(91 FR 49178; FR Doc. 2026-15665), amending 5 CFR parts 316, 330, 351, 
353, 359, 362, and 430. The document contained typographical and 
clerical errors, including: amendatory instructions that do not match 
the current text or structure of the Code of Federal Regulations 
(instruction 15 directs the addition of Sec.  330.707(w), which already 
exists as ``[Reserved]''; instruction 36 directs revision of 
introductory text of Sec.  351.802(a), which has no introductory text; 
and instruction 39 quotes text for removal from Sec.  353.110(a)(1) 
that does not match the Code of Federal Regulations); incorrect ``of 
this part'' references to Sec. Sec.  11.2 and 11.3 of this title, which 
are located in 5 CFR part 11; a defective list structure in the 
definition of ``Qualified'' in Sec.  330.202 and in Sec.  
351.702(a)(4)(iv); and citation-form errors.
    This document also corrects typographical and cross-reference 
errors in provisions of 5 CFR part 316, which the final rule likewise 
amended: Sec.  316.301(c)(1) refers to a covered position ``defined in 
(2)'' rather than ``defined in paragraph (c)(2) of this section''; 
Sec.  316.402(b)(4) reads ``30 percent of more'' rather than ``30 
percent or more''; Sec.  316.403(b)(1) cites Sec.  316.402(b)(5) as the 
authority for noncompetitive temporary appointments of disabled 
veterans, although that paragraph concerns appointment under 31 U.S.C. 
732(g) for current and former employees of the General Accounting 
Office and the correct citation is Sec.  316.402(b)(4), appointment 
under 5 U.S.C. 3112 (veterans with compensable service-connected 
disability of 30 percent or more); Sec.  316.403(b)(2) cites section 
4114 of title 38, United States Code, which was repealed by Public Law 
102-40 (May 7, 1991) and replaced by section 7405 of title 38, the 
current authority for temporary appointments of nurses in the 
Department of Veterans Affairs; and Sec.  316.403(b)(3) ends with a 
period rather than a semicolon. This document adds

[[Page 54795]]

amendatory instructions to the final rule to correct these errors in 
part 316.
    In addition, this rule and the Reduction in Force Appeals final 
rule published the same day (91 FR 49230) each revised the authority 
citation for part 351 with differing text; this document conforms 
instruction 16 to the version published in the Reduction in Force 
Appeals rule, which includes 5 U.S.C. 1103 and 1104, the provisions 
supporting the appeals function established in subpart I of part 351. 
This document corrects those errors before the rule's effective date. 
The corrections are non-substantive.

Signing Statement

    The Director of OPM, Scott Kupor, reviewed and approved this 
document and has authorized the undersigned to electronically sign and 
submit this document to the Office of the Federal Register for 
publication.

    Office of Personnel Management.
Jerson Matias,
Federal Register Liaison.

Correction

    In FR Doc. 2026-15665, appearing on page 49178 in the Federal 
Register of Monday, August 3, 2026, the following corrections are made:

0
1. On page 49215, in the third column, after amendatory instruction 1, 
add amendatory instructions 1a, 1b, and 1c to read as follows:


Sec.  316.301  [Amended]

0
1a. Amend Sec.  316.301 by removing, in paragraph (c)(1), the words 
``defined in (2)'' and adding in their place the words ``defined in 
paragraph (c)(2) of this section''.


Sec.  316.402  [Amended]

0
1b. Amend Sec.  316.402 by removing, in paragraph (b)(4), the words 
``30 percent of more'' and adding in their place the words ``30 percent 
or more''.


Sec.  316.403  [Amended]

0
1c. Amend Sec.  316.403 by:
0
a. In paragraph (b)(1), removing the citation ``Sec.  316.402(b)(5)'' 
and adding in its place the citation ``Sec.  316.402(b)(4)'';
0
b. In paragraph (b)(2), removing the words ``section 4114 of title 38, 
United States Code'' and adding in their place the words ``section 7405 
of title 38, United States Code''; and
0
c. In paragraph (b)(3), removing the period at the end of the paragraph 
and adding in its place a semicolon.

0
2. On page 49216, amendatory instruction 5 is corrected to read as 
follows:
0
5. Amend Sec.  330.202, in the definition of ``Qualified'', by revising 
paragraph (5) and adding paragraph (6). The revision and addition read 
as follows:


Sec.  330.202  [Corrected]

0
3. On page 49216, in Sec.  330.202, in the definition of ``Qualified'', 
paragraph (5)(iv) is corrected to read as follows:
    (iv) Acceptable examples of the types of assessments include: 
structured interviews; a work-related exercise; a custom or generic 
procedure for measuring an employee's employment or career-related 
qualifications and interests; a structured resume review; or another 
assessment, provided that the assessment--
    (A) Demonstrates job-related technical skills, abilities, and 
knowledge; and
    (B) Is relevant for the position for which the assessment is 
developed; and


Sec.  330.609  [Corrected]

0
4. On page 49217, in Sec.  330.609(hh), remove ``pursuant to Sec.  11.2 
of this part'' and add in its place ``pursuant to Sec.  11.2 of this 
chapter''.

0
5. On page 49217, amendatory instruction 15 is corrected to read as 
follows:
0
15. Amend Sec.  330.707 by revising paragraphs (v), (w), (x), and (y) 
to read as follows:


Sec.  330.707  [Corrected]

0
6. On page 49217, in Sec.  330.707(w), remove ``pursuant to Sec.  11.2 
of this part'' and add in its place ``pursuant to Sec.  11.2 of this 
chapter''.

0
7. On page 49218, amendatory instruction 16 is corrected to read as 
follows:
0
16. Revise the authority citation for part 351 to read as follows:

    Authority:  5 U.S.C. 1103, 1104, 1302, 2301, 3502, 3503, 38 
U.S.C. 4331; E.O. 14284, 90 FR 17729; 5 CFR 2.2(c). Sec. 351.801 
also issued under E.O. 12828, 58 FR 2965, 3 CFR, 1993 Comp., p. 569.


Sec.  351.203  [Corrected]

0
8. On page 49219, in Sec.  351.203:
0
a. In the definition of ``Initial probationary period'', remove 
``described in Sec.  11.2 of this part'' and add in its place 
``described in Sec.  11.2 of this chapter'';
0
b. The definition of ``Military spouse'' is corrected to read as 
follows:
    Military spouse means a spouse of a member of the armed forces 
(service member), as defined in Sec.  315.612(b)(4)(i) of this chapter.
0
c. In the definition of ``Trial period'', remove ``described in Sec.  
11.3 of this part'' and add in its place ``described in Sec.  11.3 of 
this chapter''.


Sec.  351.402  [Corrected]

0
9. On page 49219, in Sec.  351.402(b)(1), remove ``Except as authorized 
in paragraph (b)(2),'' and add in its place ``Except as authorized in 
paragraph (b)(2) of this section,''.


Sec.  351.503  [Corrected]

0
10. On page 49221, in Sec.  351.503:
0
a. In paragraph (b)(2), remove ``in accordance with Sec.  351.501 (as 
augmented'' and add in its place ``in accordance with paragraph (a) of 
this section (as augmented'';
0
b. In paragraph (d), remove ``authorized under 430.208(d) prior to the 
final rule prescribed at 91 FR 41521)'' and add in its place 
``authorized under Sec.  430.208(d) of this chapter, as in effect prior 
to the final rule published at 91 FR 41521 (July 7, 2026))''; and
0
c. In paragraph (e)(2), remove ``as authorized under 430.208(d) prior 
to the final rule prescribed at 91 FR 41521)'' and add in its place 
``as authorized under Sec.  430.208(d) of this chapter, as in effect 
prior to the final rule published at 91 FR 41521 (July 7, 2026))''.


Sec.  351.506  [Corrected]

0
11. On page 49223, in Sec.  351.506(c)(2), remove ``under Sec.  
351.701(b) and (c))'' and add in its place ``under Sec.  351.701(b))''.


Sec.  351.606  [Corrected]

0
12. On page 49224, in Sec.  351.606:
0
a. In paragraph (a)(5)(ii), remove ``under parts 432 or 752 of this 
chapter'' and add in its place ``under part 432 or 752 of this 
chapter''; and
0
b. In paragraph (a)(5)(iii), remove ``under sections 351.606(b), 
351.607, or 351.608 of this chapter'' and add in its place ``under 
paragraph (b) of this section or Sec.  351.607 or Sec.  351.608''.


Sec.  351.702  [Corrected]

0
13. On page 49226, in Sec.  351.702(a)(4), paragraph (iv) is corrected 
to read as follows:
    (iv) Acceptable examples of the types of assessments include: 
structured interviews; a work-related exercise; a custom or generic 
procedure for measuring an employee's employment or career-related 
qualifications and interests; a structured resume review; or another 
assessment, provided that the assessment--
    (A) Demonstrates job-related technical skills, abilities, and 
knowledge; and
    (B) Is relevant for the position for which the assessment is 
developed.
    14. On page 49226, amendatory instruction 36 is corrected to read 
as follows:

[[Page 54796]]

    36. Amend Sec.  351.802 by adding introductory text to paragraph 
(a) and revising paragraphs (a)(2) and (a)(3) to read as follows:
    15. On page 49226, amendatory instruction 39 is corrected to read 
as follows:
    39. Amend Sec.  353.110 by removing, in paragraph (a)(1), the words 
``Associate Director for Employment, OPM, 1900 E Street, NW, 
Washington, DC 20415'' and adding, in their place, the words 
``Workforce Policy & Innovation by email at <a href="/cdn-cgi/l/email-protection#2651564f4852474d436649564b08414950"><span class="__cf_email__" data-cfemail="4e393e27203a2f252b0e213e2360292138">[email&#160;protected]</span></a>''.


Sec.  430.208  [Corrected]

0
16. On page 49227, in Sec.  430.208(e)(4), remove ``under Sec.  
351.503(d) and (e).'' and add in its place ``under Sec.  351.503(d) and 
(e) of this chapter.''.

[FR Doc. 2026-17335 Filed 8-24-26; 8:45 am]
BILLING CODE 6325-39-P


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