2026-17335: Reduction in Force; Correction
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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.
The agency’s own summary, as published.
The rule, in full
1,634 words as published, August 25, 2026. View the original →
Federal Register, Volume 91 Issue 163 (Tuesday, August 25, 2026) [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 [www.gpo.gov] [FR Doc No: 2026-17335] ----------------------------------------------------------------------- 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. -----------------------------------------------------------------------
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 [email protected] 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 [email protected]''. 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
What this changes
Amends 5 parts of the Code of Federal Regulations — the standing rules this notice rewrites.
Rulemaking docket
We haven’t pulled this rulemaking’s full docket yet. View docket OPM-2026-0107 on Regulations.gov →
Documents
- Full text (Federal Register) · August 25, 2026
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