[Federal Register Volume 70, Number 36 (Thursday, February 24, 2005)]
[Notices]
[Pages 9204-9205]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-3189]



  Federal Register / Vol. 70, No. 36 / Thursday, February 24, 2005 / 
Notices  

[[Page 9204]]


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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[DHS-2004-0010]
RIN 1660-ZA09


Maximum Pay Rate Table, National Urban Search and Rescue Response 
System (US&R)

AGENCY: Federal Emergency Management Agency (FEMA), Emergency 
Preparedness and Response Directorate (EP&R), Department of Homeland 
Security (DHS).

ACTION: Notice of Maximum Pay Rate Table, National Urban Search and 
Rescue Response System, with request for comments.

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SUMMARY: The Department of Homeland Security is publishing this 
proposed Maximum Pay Rate Table (Table) in conjunction with its interim 
rule for National Urban Search and Rescue Response (US&R) System, which 
is also being published in this edition of the Federal Register. The 
interim rule standardizes the financing, administration and operation 
of the US&R System, and standardizes the relationships between DHS and 
``Sponsoring Agencies'' of the US&R System--those State or local 
government agencies that agree to organize and administer a US&R Task 
Force. This notice seeks comment on the proposed Table, which 
establishes the maximum rates that DHS will pay for US&R Task Force 
physicians, engineers and canine handlers as ``Affiliated Personnel'' 
or for backfill positions for activated US&R System Members employed by 
or otherwise associated with a for-profit ``Participating Agency.''

DATES: Please submit written comments on or before April 11, 2005.

ADDRESSES: Mail: When submitting comments by mail, please send the 
comments to the Rules Docket Clerk, Office of the General Counsel, 
Federal Emergency Management Agency, 500 C Street, SW., Room 840, 
Washington, DC 20472. To ensure proper handling, please reference RIN 
1660-ZA09 and Docket No. DHS-2004-0010 on your correspondence. This 
mailing address may also be used for submitting comments on paper, 
disk, or CD-ROM.
    Hand Delivery/Courier: The address for submitting comments by hand 
delivery or courier is the same as that for submitting comments by 
mail.
    Viewing comments: You may view comments and background material at: 
http://www.epa.gov/feddocket. You may also inspect comments in person 
at the Office of the General Counsel, Federal Emergency Management 
Agency, 500 C Street, SW., Room 840, Washington, DC 20472.

FOR FURTHER INFORMATION CONTACT: Michael Tamillow, Federal Emergency 
Management Agency, Emergency Preparedness and Response Directorate, 
Department of Homeland Security, 500 C Street, SW., Room 326, 
Washington, DC 20472, (202) 646-2549, or (e-mail) 
[email protected].

SUPPLEMENTARY INFORMATION:

Background

    The Federal Emergency Management Agency (FEMA) published a proposed 
rule, National Urban Search and Rescue Response (US&R) System, on 
December 18, 2002, 67 FR 77627--77640. The rule standardizes the 
financing, administration and operation of the US&R System, an 
emergency response program that locates, extricates and provides 
initial medical aid to victims trapped in collapsed structures and 
victims of weapons of mass destruction events, and other assigned 
tasks. The rule also standardizes the relationships between DHS and 
``Sponsoring Agencies'' of the US&R System--those State or local 
government agencies that have signed a memorandum of agreement with DHS 
to organize and administer a US&R Task Force. On March 1, 2003, FEMA 
became a part of the Emergency Preparedness and Response Directorate, 
Department of Homeland Security (DHS). The US&R System is now a program 
in FEMA under the EP&R Directorate.
    The Department of Homeland Security is publishing this proposed 
Maximum Pay Rate Table (Table) in conjunction with its interim rule for 
National Urban Search and Rescue Response (US&R) System (RIN 1660-
AA07), which can be found elsewhere in this issue of the Federal 
Register. When FEMA published the proposed rule for the National Urban 
Search and Rescue Response System the Maximum Pay Rate Table was still 
being prepared and was unavailable for public comment. The Table 
establishes the maximum rates that DHS will pay for US&R Task Force 
physicians, engineers and canine handlers as ``Affiliated Personnel'' 
or backfill for activated US&R System Members employed by or otherwise 
associated with a for-profit ``Participating Agency.'' As there was no 
formal opportunity for public comment earlier, DHS now requests 
comments on the Table. DHS will review and evaluate all comments that 
it receives, and will incorporate any changes that it approves in the 
final rule for the US&R System.
    Section 208.12 of the interim rule for the US&R System establishes 
the process for creating and updating the Table, and the procedures for 
using the Table to reimburse ``Affiliated Personnel,'' individuals not 
normally employed by a ``Sponsoring Agency'' or ``Participating 
Agency'' as US&R System Members, and ``Backfill'' for Activated US&R 
``System Members'' employed by or associated with for-profit 
``Participating Agencies.'' DHS expects to review and evaluate the 
Table periodically, and will publish any adjustments to the Table as 
Notices in the Federal Register.
    The Maximum Pay Rate Table sets maximum rates that DHS will 
reimburse the ``Sponsoring Agency'' for compensation paid to 
``Affiliated Personnel'' while activated for a US&R emergency, and for 
backfill for activated ``System Members'' from for-profit 
``Participating Agencies.'' ``Participating Agencies'' include not-for-
profit and for-profit organizations that have executed an agreement 
with a ``Sponsoring Agency'' to participate in the US&R System by 
making certain personnel available during a US&R emergency. The 
``Sponsoring Agency'' or ``Participating Agency'' may choose to 
compensate these individuals at a higher rate, but DHS will not 
reimburse the increment above the maximum rate specified in the Maximum 
Pay Rate Table.
    Similarly, the ``Sponsoring Agency'' may choose to enter into a 
Participating Agency agreement with an individual's employer, rather 
than use the individual as an ``Affiliated Personnel,'' in which case 
the Maximum Pay Rate Table would not apply. Consequently, only a 
``Sponsoring Agency's'' choice to exceed the maximum rates set forth in 
the Maximum Pay Rate Table would result in an uncompensated 
expenditure, and the Table would not violate the principle of cost 
neutrality.

Maximum Pay Rate Table

    US&R Task Force physicians, engineers and canine search specialists 
will be paid using the following rates:

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Task Force Physician...........  GS-15 Step 5......  $51.84/hour plus locality adjustment.
Task Force Engineer............  GS-15 Step 5......  $46.39/hour plus locality adjustment.

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Canine Handler.................  GS-12 Step 5......  $28.06/hour plus locality adjustment.
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    DHS derived these pay scales by using the annual salary from the 
2003 Special Salary Rate Tables Medical Officers 0290 and the Salary 
Table 2003 GS. Annual rates were then divided by 2080 hours, the number 
of work-hours per year based on a 40-hour workweek. These pay rate 
tables can be found at: http://www.opm.gov/oca/03tables/SSR/HTML/0290.asp and http://www.opm.gov/oca/03tables/html/gs.asp.

Locality Pay Areas

    There are 32 locality pay areas (including the ``Rest of U.S.'' 
area). Unless otherwise noted, all of the components are counties. 
Locality Pay Areas are found at: http://www.opm.gov/oca/03tables/locdef.asp.

Rationale for the Selection of These Maximum Pay Rate Table Rates

    After the September 11, 2001 US&R deployment, DHS reviewed the 
claims and reimbursement process for compensating professionals 
participating in US&R emergencies, which revealed a wide range of 
salaries and reimbursement mechanisms for compensating US&R Task Force 
physicians, engineers and canine handlers. The lack of uniformity led 
to confusion in the reimbursement process and highlighted the need for 
a standardized payment schedule for selected System Members. This 
proposed maximum pay rate table adds the standardization and 
credibility necessary to continue the life saving US&R program.
    The United States Office of Personnel Management (OPM) sets the 
hourly and biweekly salary rates for General Schedule (government) 
employees. 5 U.S.C. 5504. To ensure an equitable and reasonable maximum 
pay rate standard, DHS is relying upon OPM's salary rates as the 
cornerstone of its pay rate schedule for US&R System Members. Taking 
System Members' experience into consideration, DHS set maximum pay 
rates at the maximum grade, middle step for each position, which 
demonstrates an experience level of five years.
    OPM publishes salary schedules for each calendar year.\1\ Because 
the Federal government employs physicians, DHS used the 2003 Special 
Salary Rate Table for Medical Officers (Clinical) Worldwide in 
developing this maximum pay rate matrix for Task Force Physicians. DHS 
initially averaged engineers' and canine handlers' salaries using the 
data gathered during the September 11, 2001 deployment reimbursement 
process. The DHS review of that salary information revealed a close 
correlation to the OPM's 2003 General Schedule pay scale for both 
positions. In addition, DHS compared canine handlers' salaries to 
rescue specialists and further compared them to the General Schedule 
pay scale to ensure parity with like specialties on a task force.
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    \1\ In some years, the applicable pay schedule may be from a 
previous year. For instance, OPM did not change its pay rates for 
calendar year 2004, and the 2003 schedules applied during 2004.
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Relation of Maximum Pay Rate Table to the Interim Rule for US&R System

    Section 208.12 of the interim rule for US&R System establishes how 
DHS will create, update and use the Table to reimburse ``Affiliated 
Personnel'' and ``Backfill'' for ``Activated System Members.'' The 
Table applies only to US&R Task Force Physicians, US&R Task Force 
Engineers and Canine Handlers. DHS will publish the initial Maximum Pay 
Rate Table and subsequent revisions to the Table in the Federal 
Register.

Previous Comments on Maximum Pay Rate Table

    Several ``Sponsoring Agencies'' commenting on the previously 
published proposed rule for US&R Systems expressed concern that highly 
trained civilians such as physicians, structural engineers and canine 
handlers are typically Affiliated Personnel, and reimbursement for 
backfill expenses is important to secure the participation of these 
individuals in the System. The comments argued that a restriction on 
backfill costs for Affiliated Personnel could limit the ability of 
Sponsoring Agencies to recruit and retain these highly trained 
civilians.
    The commenters are essentially correct in that the way that DHS 
reimburses Affiliated Personnel for backfill costs is normally through 
Sponsoring Agencies to Participating Agencies. DHS only has a direct 
relationship with Sponsoring Agencies, and does not have direct 
relationships with Participating Agencies or Affiliated Personnel. If 
reimbursement for backfill expenses is a problem for Affiliated 
Personnel, DHS encourages them to have their employers or professional 
association seek Participating Agency status. Note that compensation 
costs, for the purposes of reimbursement and backfill, refer to the 
System Member's actual compensation, or the compensation of the 
individual who backfills a position (which includes salary and 
benefits, as described in Sec. Sec.  208.39 and 208.40 of the interim 
rule for US&R System), rather than billable or other rates that might 
be charged for services rendered to commercial clients or patients.

Request for New Comments

    Accordingly, DHS asks for written comments on the Maximum Pay Rate 
Table.

    Dated: February 3, 2005.
Michael D. Brown,
Under Secretary, Emergency Preparedness and Response, Department of 
Homeland Security.
[FR Doc. 05-3189 Filed 2-23-05; 8:45 am]
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