[Federal Register Volume 70, Number 80 (Wednesday, April 27, 2005)]
[Rules and Regulations]
[Pages 21613-21614]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-8331]



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 Rules and Regulations
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  Federal Register / Vol. 70, No. 80 / Wednesday, April 27, 2005 / 
Rules and Regulations  

[[Page 21613]]



OFFICE OF PERSONNEL MANAGEMENT

5 CFR Part 532

RIN 3206-AK64


Prevailing Rate Systems; Environmental Differential Pay for 
Asbestos Exposure

AGENCY: Office of Personnel Management.

ACTION: Interim rule with request for comments.

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SUMMARY: The Office of Personnel Management is issuing an interim 
regulation to implement a change in law that requires the use of the 
Occupational Safety and Health Administration permissible exposure 
limit standard for concentrations of airborne asbestos fibers for an 
environmental differential pay category that covers Federal prevailing 
rate (wage) employees.

DATES: This interim regulation is effective on April 27, 2005. The 
Office of Personnel Management must receive comments by June 27, 2005.

ADDRESSES: Send or deliver comments to Donald J. Winstead, Deputy 
Associate Director for Pay and Performance Policy, Strategic Human 
Resources Policy Division, Office of Personnel Management, Room 7H31, 
1900 E Street NW., Washington, DC 20415-8200; e-mail [email protected]; or fax: (202) 606-4264.

FOR FURTHER INFORMATION CONTACT: Madeline Gonzalez, (202) 606-2838; e-
mail [email protected]v; or fax: (202) 606-4264.

SUPPLEMENTARY INFORMATION: The Office of Personnel Management (OPM) is 
issuing an interim regulation to incorporate the Occupational Safety 
and Health Administration (OSHA) permissible exposure limits (PELs) 
standard for concentrations of airborne asbestos in the Federal Wage 
System (FWS) environmental differential pay (EDP) category for 
asbestos, as required by section 1122 of the National Defense 
Authorization Act for 2004 (Public Law 108-136, November 24, 2003).
    OPM establishes EDP categories under section 5343(c)(4) of title 5, 
United States Code, which provides that EDP may be paid for ``duty 
involving unusually severe working conditions or unusually severe 
hazards.'' Section 1122 of Public Law 108-136 amended section 
5343(c)(4) by adding ``and for any hardship or hazard related to 
asbestos, such differentials shall be determined by applying 
occupational safety and health standards consistent with the 
permissible exposure limit promulgated by the Secretary of Labor under 
the Occupational Safety and Health Act of 1970.'' This change in law 
became effective on November 24, 2003.
    The FWS EDP categories are contained in appendix A to subpart E of 
part 532 of title 5, Code of Federal Regulations. The current rule 
covering asbestos exposure for FWS employees provides that Federal 
agencies may pay their prevailing rate employees a differential for 
``[w]orking in an area where airborne concentrations of asbestos fibers 
may expose employees to potential illness or injury and protective 
devices or safety measures have not practically eliminated the 
potential for such personal illness or injury.'' This interim 
regulation would revise part 532 to implement section 1122 for 
prevailing rate employees and require Federal agencies to apply 
occupational safety and health standards consistent with the 
permissible exposure limit (PEL) promulgated by the Secretary of Labor 
under the Occupational Safety and Health Act of 1970 as published in 
title 29, Code of Federal Regulations, Sec. Sec.  1910.1001 or 
1926.1101 (construction work only). Any OSHA regulatory change in the 
PELs for asbestos will be applied automatically to OPM's regulations 
effective on the first day of the first pay period beginning on or 
after the effective date of the change in the PELs.

Waiver of Notice of Proposed Rulemaking and Delay in Effective Date

    Pursuant to section 553(b)(3)(B) and (d)(3) of title 5, United 
States Code, I find that good cause exists to waive the general notice 
of proposed rulemaking to comply with the change in law required by 
Public Law 108-136, which was enacted on November 24, 2003. The waiver 
of the requirements for proposed rulemaking and of the delay in the 
effective date are necessary to comply with the change in law in a 
timely manner.

Regulatory Flexibility Act

    I certify that this regulation will not have a significant economic 
impact on a substantial number of small entities because it affects 
only Federal agencies and employees.

E.O. 12866, Regulatory Review

    This rule has been reviewed by the Office of Management and Budget 
in accordance with Executive Order 12866.

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.
Dan G. Blair,
Acting Director.

0
Accordingly, the Office of Personnel Management amends 5 CFR part 532 
as follows:

PART 532--PREVAILING RATE SYSTEMS

0
1. The authority citation for part 532 continues to read as follows:

    Authority: 5 U.S.C. 5343, 5346; Sec.  532.707 also issued under 
5 U.S.C. 552.

0
2. In appendix A to subpart E of part 532, category 16 in the table 
titled ``Part II--Payment on Basis of Hours in Pay Status'' is revised 
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

[[Page 21614]]



                                Part II--Payment on Basis of Hours in Pay Status
----------------------------------------------------------------------------------------------------------------
 Differential rate (percent)              Category for which payable                      Effective date
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
8                             16. Asbestos. Working in an area where airborne     Nov. 24, 2003.
                               concentrations of asbestos fibers may expose
                               employees to potential illness or injury and
                               protective devices or safety measures have not
                               practically eliminated the potential for such
                               personal illness or injury. This differential
                               will be determined by applying occupational
                               safety and health standards consistent with the
                               permissible exposure limit promulgated by the
                               Secretary of Labor under the Occupational Safety
                               and Health Act of 1970 as published in title 29,
                               Code of Federal Regulations, Sec.  Sec.
                               1910.1001 or 1926.1101. Regulatory changes in
                               Sec.  Sec.   1910.1001 or 1926.1101 are hereby
                               incorporated in and made a part of this category,
                               effective on the first day of the first pay
                               period beginning on or after the effective date
                               of the changes.
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[FR Doc. 05-8331 Filed 4-26-05; 8:45 am]
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