[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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  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 [email protected].

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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