Federal Register #OPM-2026-0232

Regulatory Amendments for Critical Position Pay and Nuclear Fuel Storage System Certification

This opportunity involves regulatory amendments and a direct final rule affecting federal pay authority and nuclear fuel storage systems. - Government Buyers: - Office of Personnel Management (OPM) - Nuclear Regulatory Commission (NRC) - OEMs and Vendors: - TN Americas, LLC (manufacturer of the Standardized NUHOMS Horizontal Modular Storage System) - Products/Services Requested: - Standardized NUHOMS Horizontal Modular Storage System for Irradiated Nuclear Fuel - Part Number: Certificate of Compliance No. 1004, Renewed Amendment No. 19 - Includes 61BTH improved basket design with staggered plates - Editorial corrections and terminology clarifications - Unique or Notable Requirements: - CPP rule sets level I of the Executive Schedule as the default maximum pay rate, with higher rates requiring OPM Director approval - Up to 800 positions governmentwide may be covered, including 400 for national security investment programs - NRC rule renews and amends storage system certification, improving construction and fabricability - Service agreements may be required for critical positions - Reductions or terminations of CPP are not considered adverse actions - Editorial and technical updates to nuclear storage system design - Technical Information: - The 61BTH basket design simplifies construction, reduces weight, and improves manufacturability for nuclear fuel storage casks - Regulatory changes aim to streamline administration and clarify pay and storage system requirements

Description

The Office of Personnel Management (OPM) is amending its regulations governing the critical position pay (CPP) authority to establish level I of the Executive Schedule as the default maximum critical pay rate, with higher rates subject to written approval by the Director of OPM. The final rule eliminates non-statutory caps and approval criteria, addresses the use of service agreements, clarifies that reductions or terminations of CPP are not adverse actions or subject to grievance or appeal rights, and clarifies the treatment of critical pay rates as basic pay. This final rule simplifies and better aligns OPM's regulations with governing law and delegated authority. The regulation is effective August 26, 2026, and aims to improve the timely use of CPP authority for mission-essential roles while reducing administrative burden and approval delays.

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