Reduction in Force; Correction
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Issuing agencies
Abstract
The Office of Personnel Management (OPM) is correcting a final rule that appeared in the Federal Register on August 3, 2026, and became effective on September 2, 2026. That rule revised OPM's reduction in force regulations and made related revisions to the Career Transition Assistance Plan (CTAP) regulations. An amendatory instruction in the rule inadvertently resulted in the removal of two paragraphs from the definition of "displaced". This document restores those paragraphs.
Full Text
<html>
<head>
<title>Federal Register, Volume 91 Issue 177 (Tuesday, September 15, 2026)</title>
</head>
<body><pre>
[Federal Register Volume 91, Number 177 (Tuesday, September 15, 2026)]
[Rules and Regulations]
[Pages 58363-58364]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-18800]
-----------------------------------------------------------------------
OFFICE OF PERSONNEL MANAGEMENT
5 CFR Part 330
[Docket ID: OPM-2025-0107]
RIN 3206-AO86
Reduction in Force; Correction
AGENCY: Office of Personnel Management.
ACTION: Final rule; correcting amendment.
-----------------------------------------------------------------------
SUMMARY: The Office of Personnel Management (OPM) is correcting a final
rule that appeared in the Federal Register on August 3, 2026, and
became effective on September 2, 2026. That rule revised OPM's
reduction in force regulations and made related revisions to the Career
Transition Assistance Plan (CTAP) regulations. An amendatory
instruction in the rule inadvertently resulted in the removal of two
paragraphs from the definition of ``displaced''. This document restores
those paragraphs.
DATES: Effective September 15, 2026.
FOR FURTHER INFORMATION CONTACT: Mr. Aaron Gottesman at (202) 606-0960
or by email at <a href="/cdn-cgi/l/email-protection#2f4a425f4340566f405f4201484059"><span class="__cf_email__" data-cfemail="76131b061a190f3619061b58111900">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Background
On August 3, 2026, OPM published a final rule titled ``Reduction in
Force'' at 91 FR 49178 (FR 2026-15665), effective September 2, 2026.
Among other things, the final rule revised the definitions of
``displaced'' and ``surplus'' in 5 CFR 330.602 to replace references to
career and career-conditional (tenure group I or II) employees with
references to employees in the competitive service tenure group.
Need for Correction
Amendatory instruction 11 of the final rule, at 91 FR 49217,
directed that paragraph (1) of the definition of ``displaced'' in Sec.
330.602 be revised, and set out only the introductory text of that
paragraph as the revised text. OPM intended to revise only the
introductory text of paragraph (1), and to leave paragraphs (1)(i) and
(1)(ii) of the definition unchanged. As published, however, instruction
11 had the effect of removing paragraphs (1)(i) and (1)(ii), which
describe the circumstances under which a competitive service employee
is ``displaced'' for purposes of CTAP: receipt of a reduction in force
separation notice under 5 CFR part 351, or receipt of a notice of
proposed removal under 5 CFR part 752 for declining a directed
geographic relocation outside the local commuting area. Without these
paragraphs, the definition is incomplete. This document corrects the
error by revising paragraph (1) of the definition of ``displaced'' in
its entirety, restating the introductory text as revised by the final
rule and restoring paragraphs (1)(i) and (1)(ii) as they read before
the final rule.
The revision of paragraph (1) of the definition of ``surplus'' in
instruction 11 was published as intended and is not affected by this
correction.
Administrative Procedure Act
OPM finds that good cause exists under 5 U.S.C. 553(b)(B) to issue
this correcting amendment without prior notice and opportunity for
public comment. This document makes no substantive change to the
regulations. It restores regulatory text that was in effect before
September 2, 2026, that OPM did not propose to remove, and that the
final rule did not discuss removing; notice and comment are therefore
unnecessary. For the same reasons, OPM finds good cause under 5 U.S.C.
553(d)(3) to make this correction effective upon publication.
List of Subjects in 5 CFR Part 330
Administrative practice and procedure, Armed forces reserves,
District of Columbia, Government employees.
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.
Accordingly, 5 CFR part 330 is corrected by making the following
correcting amendment:
PART 330--RECRUITMENT, SELECTION, AND PLACEMENT (GENERAL)
0
1. The authority citation for part 330 continues to read as follows:
Authority: 5 U.S.C. 1104, 1302, 3301, 3302, 3304, and 3330;
E.O. 10577, 3 CFR, 1954-58 Comp., p. 218; Section 330.103 also
issued under 5 U.S.C. 3327; Subpart B also issued under 5 U.S.C.
3315 and 8151; Section 330.401 also issued under 5 U.S.C. 3310;
Subparts F and G also issued under Presidential Memorandum on Career
Transition Assistance for Federal Employees, September 12, 1995;
Subpart G also issued under 5 U.S.C. 8337(h) and 8456(b). Sec.
330.1301 also issued under 5 U.S.C. 9201-9206 and Pub. L. 116-92,
sec. 1122(b)(1).
Subpart F--Agency Career Transition Assistance Plan (CTAP) for
Local Surplus and Displaced Employees
0
2. Amend Sec. 330.602 by revising paragraph (1) of the definition of
``displaced'' to read as follows:
Sec. 330.602 Definitions.
* * * * *
Displaced * * *
(1) A current competitive service employee in the competitive
service tenure group at grade GS-15 (or equivalent) or below (or
another qualifying competitive service appointment, as determined by
OPM) who:
(i) Received a reduction in force (RIF) separation notice under
part 351 of this chapter and has not declined an offer under part 351,
subpart G, of this chapter of a position with the same type of work
schedule and a representative rate at least as high as that of the
position from which the employee will be separated; or
(ii) Received a notice of proposed removal under part 752 of this
chapter for declining a directed geographic relocation outside of the
local
[[Page 58364]]
commuting area (e.g., a directed reassignment or change in duty
station).
* * * * *
[FR Doc. 2026-18800 Filed 9-14-26; 8:45 am]
BILLING CODE 6325-39-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.