[Federal Register Volume 68, Number 20 (Thursday, January 30, 2003)]
[Rules and Regulations]
[Page 4681]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-2192]



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  Federal Register / Vol. 68, No. 20 / Thursday, January 30, 2003 / 
Rules and Regulations  

[[Page 4681]]



OFFICE OF PERSONNEL MANAGEMENT

5 CFR Part 550

RIN 3206-AJ57


Administratively Uncontrollable Overtime Pay

AGENCY: Office of Personnel Management.

ACTION: Final rule.

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SUMMARY: The Office of Personnel Management is issuing final 
regulations concerning the rules governing payment of administratively 
uncontrollable overtime (AUO) pay. AUO is a form of premium pay paid to 
employees in positions in which the hours of duty cannot be controlled 
administratively and which require substantial amounts of irregular or 
occasional overtime work. This final rule permits agencies to pay AUO 
pay to an employee during a temporary assignment that would not 
otherwise warrant the payment of AUO pay, if the temporary assignment 
is directly related to a national emergency declared by the President. 
In determining the average hours used in computing future AUO payments, 
this final rule also excludes from consideration the time period for 
which AUO pay is paid during a temporary assignment.

DATES: March 3, 2003.

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

SUPPLEMENTARY INFORMATION: On February 13, 2002, the Office of 
Personnel Management issued interim regulations (67 FR 6640) to permit 
agencies to pay AUO pay to an employee during a temporary assignment 
that would not otherwise warrant the payment of AUO pay, if the 
temporary assignment is directly related to a national emergency. We 
proposed that an agency should be permitted to continue to pay AUO pay 
for a period of not more than 30 consecutive workdays for such a 
temporary assignment and for a total of not more than 90 workdays in a 
calendar year while on such a temporary assignment. The 90-day comment 
period ended on April 15, 2002. We received comments from two Federal 
agencies and an employee association.
    One agency suggested that the phrase ``declared by the President'' 
be added to the regulation at 5 CFR 550.162(g), which states that an 
agency may continue to pay AUO pay during a temporary assignment that 
would not otherwise warrant AUO pay, if the temporary assignment is 
directly related to a national emergency. We agree and have added the 
phrase ``declared by the President'' to 5 CFR 550.162(g).
    Another agency requested that we explain the relationship between 
the existing 60-workday annual limitation for temporary assignments in 
the last paragraph of 5 CFR 550.162(c) and the new 90-workday annual 
limitation for temporary assignments directly related to a national 
emergency in 5 CFR 550.162(g). The new 90-workday annual limitation is 
separate from the 60-workday limitation provided in 5 CFR 550.162(c). 
Therefore, 150 workdays is the theoretical maximum number of workdays 
in a calendar year during which an agency may continue to pay AUO pay 
for temporary assignments provided the conditions in both 5 CFR 
550.162(c) and (g) are met.
    The employee association provided several comments on issues that 
are outside the scope of the interim regulations. We are not addressing 
these issues in these regulations.

E.O. 12866, Regulatory Review

    The Office of Management and Budget has reviewed this rule in 
accordance with E.O. 12866.

Regulatory Flexibility Act

    I certify that these regulations will not have a significant 
economic 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. Office of Personnel Management.

Kay Coles James,
Director.


    Accordingly, OPM is adopting the interim regulations amending 5 CFR 
part 550, published at 67 FR 6640 on February 13, 2002, as final with 
the following changes:

PART 550--PAY ADMINISTRATION (GENERAL)

Subpart A--Premium Pay

    1. The authority citation for part 550, subpart A, continues to 
read as follows:

    Authority: 5 U.S.C. 5304 note, 5305 note, 5541(2)(iv), 
5545a(h)(2)(B) and (i), 5548, and 6101(c); sections 407 and 2316, 
Pub. L. 105-277, 112 Stat. 2681-101 and 2681-828 (5 U.S.C. 5545a); 
E.O. 12748, 3 CFR, 1992 Comp., p. 316.

    2. In Sec.  550.162, paragraph (g) is revised to read as follows:


Sec.  550.162  Payment provisions.

* * * * *
    (g) Notwithstanding paragraph (c)(1) of this section, an agency may 
continue to pay premium pay under Sec.  550.151 to an employee during a 
temporary assignment that would not otherwise warrant the payment of 
AUO pay, if the temporary assignment is directly related to a national 
emergency declared by the President. An agency may continue to pay 
premium pay under Sec.  550.151 for not more than 30 consecutive 
workdays for such a temporary assignment and for a total of not more 
than 90 workdays in a calendar year while on such a temporary 
assignment.

[FR Doc. 03-2192 Filed 1-29-03; 8:45 am]
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