[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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  Federal Register / Vol. 64, No. 6 / Monday, January 11, 1999 / Rules 
and Regulations  

[[Page 1501]]


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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: [email protected].

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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*                  *                  *                  *                  *                  *
                                                        *
Exposure to Physiological Hazards:
 
*                  *                  *                  *                  *                  *
                                                        *
(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]
BILLING CODE 6325-01-P