98-27344. Prevailing Rate Systems; Environmental Differential Pay for Working at High Altitudes

[Federal Register Volume 63, Number 197 (Tuesday, October 13, 1998)]
[Proposed Rules]
[Pages 54616-54617]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-27344]


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Proposed Rules
                                                Federal Register
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This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

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Federal Register / Vol. 63, No. 197 / Tuesday, October 13, 1998 / 
Proposed Rules

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OFFICE OF PERSONNEL MANAGEMENT

5 CFR Part 532

RIN 3206-AI36


Prevailing Rate Systems; Environmental Differential Pay for 
Working at High Altitudes

AGENCY: Office of Personnel Management.

ACTION: Proposed rule with request for comments.

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SUMMARY: The Office of Personnel Management (OPM) is issuing a proposed 
regulation to establish an 8 percent environmental differential pay 
(EDP) category for Federal Wage System (FWS) employees who work at 
land-based worksites located at more than 3900 meters (12,795 feet) in 
altitude, provided such employees are required to commute to their 
worksites 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 EDP category so that 
Federal agencies may provide additional compensation to FWS employees 
who are exposed to unusual health risks caused by these working 
conditions.

DATES: Comments must be received on or before November 12, 1998.

ADDRESSES: Comments may be sent or delivered to Donald J. Winstead, 
Assistant Director for Compensation Administration, Workforce 
Compensation and Performance Service, Office of Personnel Management, 
Room 7H31, 1900 E Street NW., Washington, DC 20415, FAX: (202) 606-
4264, or email at [e-mail].

FOR FURTHER INFORMATION CONTACT: Mark A. Allen, [phone],FAX: 
[phone], or email at [e-mail].

SUPPLEMENTARY INFORMATION: The Smithsonian Institution has asked the 
Office of Personnel Management (OPM) to establish an environmental 
differential pay (EDP) category for Federal Wage System (FWS) employees 
who must work at the Smithsonian Astrophysical Observatory (SAO) near 
the 4206 meter (13,800 foot) summit of Mauna Kea, an extinct volcano on 
the Island of Hawaii. The Smithsonian Institution states that suitable 
employee housing is available only near sea level and that SAO 
employees must therefore commute back and forth from their homes to the 
SAO worksite each workday. The Smithsonian Institution submitted 
research evidence that indicates work at high altitudes may have 
negative physiological effects such as impaired judgment, increased 
heart rates, and nausea, especially if employees have not had time to 
acclimate to lower atmospheric pressures and oxygen levels that exist 
at high altitudes. In addition, employees are exposed to the 
possibility of experiencing severe health problems such as high 
altitude pulmonary edema, high altitude cerebral edema, and acute 
mountain sickness.
    As stated in 5 U.S.C. 5343(c)(4), OPM is responsible for 
establishing EDP categories that Federal agencies may use to provide 
additional compensation to FWS employees whose duties involve unusually 
severe working conditions or unusually severe hazards. This proposed 
regulation would authorize a new EDP category for FWS employees who 
must work at land-based worksites 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 could result in 
acclimation problems. The establishment of this new EDP category would 
not relieve an agency of its responsibility to take whatever measures 
are feasible to minimize the harmful effects of commuting to work at 
high altitudes.
    The proposal for this new EDP category was presented to the Federal 
Prevailing Rate Advisory Committee. The Committee recommended approval 
of the new EDP category by consensus. OPM issued a proposed rule to 
establish a similar hazard pay differential for General Schedule 
employees on June 30, 1998 (63 FR 35543).

E.O. 12866, Regulatory Review

    This rule has been reviewed by the Office of Management and Budget 
in accordance with E.O. 12866.

Regulatory Flexibility Act

    I certify that these regulations would not have a significant 
impact on a substantial number of small entities because they would 
apply only to Federal agencies and employees.

List of Subjects in 5 CFR Part 532

    Administrative practice and procedure, Freedom of information, 
Government employees, Reporting and recordkeeping requirements, Wages.

Office of Personnel Management.
Janice R. Lachance,
Director.

    Accordingly, OPM is proposing to amend 5 CFR part 532 as follows:

PART 532--PREVAILING RATE SYSTEMS

Subpart E--Premium Pay and Differentials

    1. The authority for subpart E of part 532 continues to read as 
follows:

    Authority: 5 U.S.C. 5343.

    2. Appendix A to subpart E of part 532 is amended by adding a new 
category to the schedule of environmental differentials at the end of 
Part II of the appendix to read as follows:

Appendix A to Subpart E of Part 532--Schedule of Environmental 
Differentials Paid for Exposure to Various Degrees of Hazards, 
Physical Hardships, and Working Conditions of an Unusual Nature

[[Page 54617]]



                                Part II.--Payment on Basis of Hours in Pay Status
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     Differential rate  (percent)                 Category for which payable                  Effective date
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*                  *                  *                  *                  *                  *
                                                        *
8....................................  17. Working at high altitudes. Performing work    [Date of effectivenss
                                        at a land-based worksite more than 3900 meters    of the final rule].
                                        (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. 98-27344 Filed 10-9-98; 8:45 am]
BILLING CODE 6325-01-P