Suitability Action Appeals; Correction

Issuing agencies

Abstract

The Office of Personnel Management (OPM) published a final rule in the Federal Register on August 3, 2026, concerning suitability action appeals. That document contained typographical and structural errors 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]
[Page 54798]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-17337]



[[Page 54798]]

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OFFICE OF PERSONNEL MANAGEMENT

5 CFR Part 731

[Docket ID: OPM-2025-0173]
RIN 3206-AO97


Suitability Action Appeals; 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 suitability 
action appeals. That document contained typographical and structural 
errors 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#b4d1d9c4d8dbcdd1d1d5d7d7dbc1dac0d5d6ddd8ddc0cdf4dbc4d99ad3dbc2"><span class="__cf_email__" data-cfemail="9cf9f1ecf0f3e5f9f9fdfffff3e9f2e8fdfef5f0f5e8e5dcf3ecf1b2fbf3ea">[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 49034; FR Doc. 2026-15650), revising subpart E of 5 CFR part 
731. The document contained clerical errors, including missing spaces 
in Sec.  731.504(c); a limiting principle miscast as an item in the 
list of sanctions in Sec.  731.506(b); a cross-reference in Sec.  
731.505(b) that erroneously included paragraph (d) of that section, 
which provides for the assignment of an administrative judge rather 
than an administrative law judge; and citation-form and capitalization 
errors. In addition, the preamble relies on 5 U.S.C. 3302, which was 
inadvertently omitted from the revised authority citation for part 731. 
This document corrects those errors before the rule's effective date. 
The corrections are non-substantive.

Regulatory Review

    OPM has examined this rule under Executive Orders 12866 and 13563. 
For the reasons discussed above, this rule is not a significant 
regulatory action under Executive Order 12866. This is not an E.O. 
14192 regulatory action because this rule is not significant under E.O. 
12866.

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. 2026-15650, appearing on page 49034 in the Federal 
Register of Monday, August 3, 2026, the following corrections are made:

PART 731 [CORRECTED]

0
1. On page 49065, in the third column, in amendatory instruction 1, in 
the authority citation for part 731, remove ``5 U.S.C. 1103, 1302, 
2301, 2302, 3301, 7301.'' and add in its place ``5 U.S.C. 1103, 1302, 
2301, 2302, 3301, 3302, 7301.''.


Sec.  731.503  [Corrected]

0
2. On page 49067, starting in the second column, in Sec.  731.503:
0
a. In paragraph (c)(1), remove ``documents establishing'' and add in 
its place ``Documents establishing'';
0
b. In paragraph (c)(2), remove ``all investigative'' and add in its 
place ``All investigative'';
0
c. In paragraph (c)(3), remove ``the charge-by-charge'' and add in its 
place ``The charge-by-charge'';
0
d. In paragraph (c)(4), remove ``the written final decision'' and add 
in its place ``The written final decision'';
0
e. In paragraph (c)(5), remove ``any direction from OPM'' and add in 
its place ``Any direction from OPM'';
0
f. In paragraph (c)(6), remove ``a certification'' and add in its place 
``A certification'';
0
g. In the paragraph (f) subject heading, remove ``Service of 
Documents.'' and add in its place ``Service of documents.''; and
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h. In the paragraph (g) subject heading, remove ``Untimely Filings.'' 
and add in its place ``Untimely filings.''.


Sec.  731.504   [Corrected]

0
3. On page 49068, in the first column, in Sec.  731.504(c), remove ``an 
employee ofthe responsibleagency or OPMand'' and add in its place ``an 
employee of the responsible agency or OPM and''.


Sec.  731.505  [Corrected]

0
4. On page 49068, starting in the second column, in Sec.  731.505:
0
a. In paragraph (b), remove ``under this paragraph or paragraphs (a) or 
(d) of this section'' and add in its place ``under this paragraph (b) 
or paragraph (a) of this section''; and
0
b. In paragraph (e), remove ``pursuant to paragraph (d),'' and add in 
its place ``pursuant to paragraph (d) of this section,''.

0
5. On page 49069, in the first column, in Sec.  731.506, paragraph 
(b)(4) is redesignated as paragraph (c) and corrected to read as 
follows:


Sec.  731.506  [Corrected]

    (c) Scope of sanctions. Any sanction issued under paragraph (b) of 
this section must be proportionate, causally related to the violation, 
and no broader than necessary to protect the adjudicatory process.

[FR Doc. 2026-17337 Filed 8-24-26; 8:45 am]
BILLING CODE 6325-39-P


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