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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.
51 FR 319, Jan. 3, 1986, unless otherwise noted.
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(a) Appropriate use. An agency may use this provision to reduce the administrative burden of conducting a reduction in force when it will eliminate all positions (including the positions of employees otherwise excluded from reduction in force competition under § 351.202(d)) within a competitive area within 180 days.
(b) Abolishment of competitive area. When an agency is abolishing all positions in a competitive area within 180 days it may release a competing employee without regard to retention standing. When invoking this provision, an agency is not required to follow §§ 351.403, 351.404, and 351.501 through 351.505. The agency must provide for the exceptions under § 351.606. The agency may provide for the exceptions under § 351.608(c)-(f) without providing notice under § 351.608(a)(4).
(c) Notice. An agency must provide any competing employee released under this provision with written notice in accordance with § 351.801. The notice must include notification content in accordance with § 351.802(a)(1), (a)(3), (a)(5), (a)(6) and (b); must identify the competitive area being abolished; and must state that, because all positions in the employee's competitive area are being abolished pursuant to this section, the employee was not ranked relative to other competing employees in the reduction in force. The notice is not required to include the information described in § 351.802(a)(2) or (a)(4).
(d) Retention register not required. When using this provision, an agency is not required to rank competing employees in the abolished competitive area, and must not apply assignment rights pursuant to subpart G of this part, because no positions in the competitive area will remain.
[91 FR 49223, Aug. 3, 2026]