[Federal Register Volume 64, Number 63 (Friday, April 2, 1999)]
[Rules and Regulations]
[Pages 15915-15916]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-8107]
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Rules and Regulations
Federal Register
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Federal Register / Vol. 64, No. 63 / Friday, April 2, 1999 / Rules
and Regulations
[[Page 15915]]
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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: Final rule.
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SUMMARY: The Office of Personnel Management (OPM) is issuing a final
regulation to establish an 8 percent environmental differential pay
(EDP) category for Federal Wage System (FWS) employees who work at
land-based worksites located higher 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: Effective Date: This regulation is effective on April 2, 1999.
Applicability Date: This regulation applies on the first day of the
first applicable pay period beginning on or after April 2, 1999.
FOR FURTHER INFORMATION CONTACT: Jennifer Hopkins at (202) 606-2848, or
send an email message to jdhopkin@opm.gov.
SUPPLEMENTARY INFORMATION: On October 13, 1998, the Office of Personnel
Management (OPM) published a proposed rule (63 FR 54616) to establish
an 8 percent environmental differential pay (EDP) category for Federal
Wage System (FWS) employees who work at land-based worksites located
higher than 3900 meters (12,795 feet), 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. This proposal
was similar to a proposed regulation issued on June 30, 1998, to
establish a hazard pay differential for General Schedule employees.
The Smithsonian Institution requested that we establish an EDP
category for 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 stated 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.
Under 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 final regulation
will authorize a new EDP category for FWS employees who must work at
land-based worksites higher than 3900 meters (12,795 feet), 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 will 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 proposed regulation for the establishment of a new EDP category
for FWS employees provided a 30-day period for public comment, during
which we received one comment from a labor organization. The labor
organization recognized and agreed that a need exists for the
establishment of a new EDP category for FWS employees, but recommended
that we consider establishing a 25 percent differential instead of the
proposed 8 percent differential. The proposed differential was
throughly reviewed by the Federal Prevailing Rate Advisory Committee
(FPRAC), the national labor-management committee responsible for
advising OPM on matters that affect the pay of FWS employees. After
careful consideration, the Committee recommended by consensus that the
differential be set at 8 percent, an amount in line with other EDP
categories and also in line with prevailing non-Federal practices, as
reported by the Smithsonian Institution. Based on FPRAC's
recommendation, we are establishing the new EDP category with an 8
percent differential.
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 FWS
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 the environmental
differential. 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 E.O. 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.
[[Page 15916]]
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, the Office of Personnel Management is amending 5 CFR
part 532 as follows:
PART 532--PREVAILING RATE SYSTEMS
Subpart E--Premium Pay and Differentials
1. The authority citation for 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
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 April 2, 1999.
at a land-based work site more than 3900
meters (12,795 feet) in altitude, provided the
employee is required to commute to the work
site 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. 99-8107 Filed 4-1-99; 8:45 am]
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