[Federal Register Volume 63, Number 125 (Tuesday, June 30, 1998)]
[Proposed Rules]
[Pages 35543-35544]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-17318]


 ========================================================================
 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. 125 / Tuesday, June 30, 1998 / 
Proposed Rules  

[[Page 35543]]


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OFFICER OF PERSONNEL MANAGEMENT

5 CFR Part 550

RIN 3206-A129


Hazardous Duty Pay

AGENCY: Office of Personnel Management.

ACTION: Proposed rule with request for comments.

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SUMMARY: The Officer of Personnel Management is issuing a proposed 
regulation to provide an 8 percent hazard pay differential for General 
Schedule employees who perform work at a worksite a 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.

DATES: Comments must be received on or before July 30, 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, 1300 E Street NW., Washington, DC 20415, FAX: (202) 606-
0824, or email at [email protected].

FOR FURTHER INFORMATION CONTACT:
Kevin Kitchelt, (202) 606-2858, FAX: (202) 606-0824, or email at 
[email protected].

SUPPLEMENTARY INFORMATION: The Smithsonian Institution asked the Office 
of Personnel Management (OPM) to establish a 10 percent hazard pay 
differential for General Schedule employees for days when they must 
perform 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 
housing is available only near sea level and that SAO employees must 
commute back and forth from their homes to the SAO worksite each 
workday. The Smithsonian Institution submitted research evidence which 
indicates that work at high altitudes can have negative physiological 
effects such as impaired judgment, increased heart rates, and nausea, 
especially if employees have not had time to acclimate to the lower 
atmospheric pressure and oxygen levels that exist at a high altitude.
    After discussions with the Smithsonian Institution, OPM has agreed 
to propose an 8 percent hazard duty pay differential for work at such a 
high altitude. The reason for proposing a lower differential rate is to 
conform with a proposed 8 percent environmental differential rate for 
prevailing rate (wage) employees who work at the same or similar high 
altitude job sites. The proposal for an 8 percent environmental 
differential will be provided to the Federal Prevailing Rate Advisory 
Committee for its consideration.
    As stated in 5 U.S.C. 5545(d), OPM is responsible for establishing 
schedules of hazardous duty pay differentials for General Schedule 
employees. This proposed regulation would authorize a new hazard pay 
category for General Schedule employees who must work at 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. The 
establishment of this new category for payment of hazardous duty pay 
would not relieve an agency of its responsibility to take whatever 
measures are feasible to minimize the harmful effects of work at a high 
altitude.

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 550

    Administrative practice and procedure, Claims, Government 
employees, Wages.

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

    Accordingly, OPM is proposing to amend 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:

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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*                  *                  *                  *                  *                  *                
                                                        *                                                       
Exposure to Physiological Hazards:                                                                              
                                                                                                                

[[Page 35544]]

                                                                                                                
*                  *                  *                  *                  *                  *                
                                                        *                                                       
(6) Working at high altitudes. Performing work at a                   8  [Date of effectiveness of the final    
 worksite more than 3900 meters (12,795 feet) in                          rule].                                
 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. 98-17318 Filed 6-29-98; 8:45 am]
BILLING CODE 6325-01-M