Prevailing rate systems,

[Federal Register: April 2, 1999 (Volume 64, Number 63)]

[Rules and Regulations]

[Page 15915-15916]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr02ap99-1]

Rules and Regulations Federal Register

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[[Page 15915]]

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.

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.

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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

Differential rate (percent)

Category for which payable

Effective date

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.

[FR Doc. 99-8107Filed4-1-99; 8:45 am]

BILLING CODE 6325-01-U