[Federal Register Volume 64, Number 6 (Monday, January 11, 1999)]
[Rules and Regulations]
[Pages 1501-1502]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-522]
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Rules and Regulations
Federal Register
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Federal Register / Vol. 64, No. 6 / Monday, January 11, 1999 / Rules
and Regulations
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OFFICE OF PERSONNEL MANAGEMENT
5 CFR Part 550
RIN 3206-AI29
Hazardous Duty Pay
AGENCY: Office of Personnel Management.
ACTION: Final rule.
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SUMMARY: The Office of Personnel Management is issuing final
regulations to provide an 8 percent hazard pay differential for General
Schedule employees who perform work at a land-based worksite more than
3900 meters (12,795 feet) in altitude, provided such employees are
required to commute to the worksite on the same day from a
substantially lower altitude under circumstances in which the rapid
change in altitude may result in acclimation problems. OPM is creating
this new hazard pay differential authority to compensate employees who
are exposed to unusual health risks.
DATES: Effective Date: The regulations are effective on January 11,
1999.
Applicability Dates: The regulations apply on the first day of the
first pay period beginning on or after January 11, 1999.
FOR FURTHER INFORMATION CONTACT: Kevin Kitchelt, (202) 606-2858, FAX:
(202) 606-0824, or email: payleave@opm.gov.
SUPPLEMENTARY INFORMATION: The Office of Personnel Management (OPM) is
responsible for establishing schedules of hazardous duty pay
differentials for General Schedule employees as provided in 5 U.S.C.
5545(d). We published proposed regulations to provide an 8 percent
hazard pay differential for high altitude work in the Federal Register
on June 30, 1998 (63 FR 35543), and we received comments from two
agencies and one individual. The following is a summary of those
comments and one change we made in the final regulations.
One agency commented that only ``land-based'' worksites should be
covered by the new hazard pay category. We agree that the phrase
``land-based worksite'' should be added to clarify that entitlement to
a hazard pay differential does not apply to employees who work on an
aircraft (i.e., where environmental conditions are controlled).
Therefore, we have amended appendix A to subpart I of part 550 to use
the term ``land-based'' worksite.
One individual commented that the altitude threshold for receiving
a hazard pay differential should be lowered to 3000 meters to include
employees who perform work at an altitude of 3400 meters at an
atmospheric monitoring station on Mauna Loa, an extinct volcano on the
Island of Hawaii. However, the employing agency does not support this
recommendation because the agency has no evidence that employees at the
Mauna Loa worksite are exposed to actual physical hazards. While
employees at the worksite occasionally have altitude-related discomfort
such as headaches, nausea, or shortness of breath, these symptoms are
minor and do not reach the threshold of the possibility of hazardous
health problems such as high altitude pulmonary edema, high altitude
cerebral edema, or acute mountain sickness. Since hazard pay
differential is authorized only for duties involving unusual physical
hardship or hazard, including extreme physical discomfort or distress,
we have not adopted the individual's suggestion.
One agency commented that the phrase ``commute to the worksite from
a substantially lower altitude'' should be more specific and that the
term ``substantially lower altitude'' should be defined. Although
different agencies may interpret ``substantially lower altitude''
differently, we believe each agency is in the best position to apply
this regulation based on applicable commuting requirements. A
regulatory definition is not feasible. Further, we believe the proposed
regulation provides sufficient guidance by indicating that the change
in altitude must be sufficiently large and rapid to cause potential
acclimation problems that reach the level of an unusual physical
hazard.
Waiver of Delay in Effective Date
Pursuant to 5 U.S.C. 553(d)(3), I find that good cause exists to
make these regulations effective in less than 30 days. Some General
Schedule employees of the Smithsonian Institution are currently
commuting from near sea level to a work site near the 4206 meter
(13,800 foot) summit of Mauna Kea on the Island of Hawaii. These
employees currently meet the criteria in this final regulation for
hazardous duty pay. In addition, the Smithsonian Institution has asked
that this authority be made effective as soon as possible.
E.O. 12866, Regulatory Review
This rule has been reviewed by the Office of Management and Budget
in accordance with Executive Order 12866.
Regulatory Flexibility Act
I certify that these regulations will not have a significant impact
on a substantial number of small entities because they will apply only
to Federal agencies and employees.
List of Subjects in 5 CFR Part 550
Administrative practice and procedure, Claims, Government
employees, Wages.
U.S. Office of Personnel Management.
Janice R. Lachance,
Director.
Accordingly, OPM is amending subpart I of part 550 of title 5 of
the Code of Federal Regulations as follows:
PART 550--PAY ADMINISTRATION (GENERAL)
Subpart I--Pay for Duty Involving Physical Hardship or Hazard
1. The authority for subpart I of part 550 continues to read as
follows:
Authority: 5 U.S.C. 5545(d), 5548(b).
2. Appendix A to subpart I of part 550 is amended by adding a new
category to the Schedule of Hazard Pay Differentials to read as
follows:
[[Page 1502]]
Appendix A--Schedule of Pay Differentials Authorized for Hazardous Duty Under Subpart I--Hazard Pay
Differential, of Part 550 Pay Administration (General)
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Rate of
hazard pay
Duty differential Effective date
(percent)
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* * * * * *
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Exposure to Physiological Hazards:
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*
(6) Working at high altitudes. Performing work at a 8 January 11, 1999.
land-based worksite more than 3900 meters (12,795
feet) in altitude, provided the employee is required
to commute to the worksite on the same day from a
substantially lower altitude under circumstances in
which the rapid change in altitude may result in
acclimation problems.
* * * * * *
*
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[FR Doc. 99-522 Filed 1-8-99; 8:45 am]
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