[Federal Register Volume 71, Number 159 (Thursday, August 17, 2006)]
[Rules and Regulations]
[Pages 47692-47693]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-6990]



[[Page 47691]]

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Part VI





Office of Personnel Management





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5 CFR Parts 531, 550, and 630



Locality-Based Comparability Payments and Evacuation Payments; Absence 
and Leave; Final Rules

  Federal Register / Vol. 71, No. 157 / Thursday, August 17, 2006 / 
Rules and Regulations  

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OFFICE OF PERSONNEL MANAGEMENT

5 CFR Parts 531 and 550

RIN 3206-AL09


Locality-Based Comparability Payments and Evacuation Payments

AGENCY: Office of Personnel Management.

ACTION: Interim rule with request for comments.

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SUMMARY: The Office of Personnel Management (OPM) is issuing interim 
regulations concerning pay actions for employees affected by a pandemic 
health crisis. The interim regulations clarify the rules for 
determining an employee's official worksite when he or she teleworks 
from an alternative worksite during an emergency situation, such as a 
pandemic health crisis. In addition, the interim regulations permit an 
agency to provide evacuation payments to an employee who is ordered to 
evacuate from his or her regular worksite and directed to work from 
home (or an alternative location mutually agreeable to the agency and 
the employee) during a pandemic health crisis. These regulations are 
issued as part of OPM's efforts to provide agencies with guidance to 
ensure they are able to fulfill their critical missions while at the 
same time protect their employees should a pandemic health crisis 
occur.

DATES: Effective Date: The interim regulations are effective on 
September 18, 2006.
    Comment Date: Comments must be received on or before October 16, 
2006.

ADDRESSES: Send or deliver written comments to Jerome D. Mikowicz, 
Acting 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; 
by fax at (202) 606-0824; or by e-mail at [email protected].

FOR FURTHER INFORMATION CONTACT: Vicki Draper by telephone at (202) 
606-2858; by fax at (202) 606-0824; or by e-mail at [email protected].

SUPPLEMENTARY INFORMATION: The Office of Personnel Management (OPM) is 
issuing interim regulations concerning pay actions for employees 
affected by a pandemic health crisis. These interim regulations (1) 
clarify the rules for determining an employee's official worksite for 
the purpose of identifying his or her location-based pay entitlements 
when the employee teleworks from an alternative worksite during an 
emergency situation such as a pandemic health crisis and (2) authorize 
agencies to provide evacuation payments to an employee who is ordered 
to evacuate from his or her regular worksite and directed to work from 
the employee's home (or an alternative location mutually agreeable to 
the agency and the employee) during a pandemic health crisis.

Official Worksite

    On May 31, 2005, OPM issued interim regulations to define the 
requirements for determining an employee's official worksite to 
identify an employee's location-based pay entitlements, including 
special rate supplements and locality payments (70 FR 31278). 
Generally, an employee's official worksite is the location of the 
position of record where the employee regularly performs his or her 
duties and the employee is entitled to the locality rate (or special 
rate supplement) designated for the official worksite. If the employee 
is covered by a telework agreement and if the employee is scheduled 
(while in duty status) to report at least once a week, on a regular and 
recurring basis, to the regular worksite for the employee's position of 
record, then the regular worksite is the employee's official worksite. 
The employee is entitled to the locality rate designated for the 
regular worksite. However, if a telework employee is not scheduled to 
report at least once a week on a regular and recurring basis to the 
regular worksite, the telework site is the official worksite and the 
employee is entitled to the locality rate designated for the telework 
site. (See 5 CFR 531.605(d)(1) and (2).) Under 5 CFR 531.605(d)(3), an 
agency may make a temporary exception to these rules in appropriate 
situations, such as an employee recovering from an injury or medical 
condition that prevents commuting to the regular worksite.
    During an emergency situation, such as a pandemic health crisis, an 
agency may direct a telework employee to work from his or her telework 
site for the duration of the emergency, and the employee may be 
prevented from reporting at least once a week on a regular and 
recurring basis to the regular worksite. In these interim regulations, 
we are amending 5 CFR 531.605(d)(3) to clarify that an agency may make 
a temporary exception to the requirement that a telework employee must 
report at least once a week on a regular and recurring basis to the 
regular worksite. An agency may make a temporary exception when the 
telework employee is affected by an emergency situation (such as a 
pandemic health crisis), which temporarily prevents him or her from 
commuting to the regular worksite. In such emergency situations, the 
employee would continue to be entitled to the locality rate for the 
regular worksite.

Evacuation Payments

    Executive agencies may authorize evacuation payments under sections 
5522 and 5523 of title 5, United States Code, to employees whose 
departure from a place inside or outside the United States is 
officially authorized or ordered from any place where there is imminent 
danger to the lives of the employees. Section 5523(b) of title 5, 
United States Code, and OPM's regulations at 5 CFR 550.403(c), also 
provide that additional special allowances may be granted to evacuated 
employees to offset the direct added expenses incident to their 
evacuation.
    These interim regulations add a new section at 5 CFR 550.409 to 
permit an agency to order its employees to evacuate from their 
worksites and perform work at home during a pandemic health crisis. The 
agency may designate an employee's residence (or an alternative 
location mutually agreeable to the agency and the employee) as a safe 
haven and provide evacuation payments under 5 U.S.C. 5523. Evacuated 
employees may be assigned to perform any work considered necessary or 
required to be performed during the period of evacuation without regard 
to the grades, levels, or titles of the employees. However, the 
employee must have the necessary knowledge and skills to perform the 
assigned work. An employee's failure or refusal to perform assigned 
work may be a basis for terminating evacuation payments, in addition to 
disciplinary action.
    Currently, additional special allowances, including travel expenses 
and per diem, may be paid to an evacuated employee to offset any direct 
added expenses incurred as a result of the employee's evacuation under 
5 U.S.C. 5523(b) and 5 CFR 550.403(c). OPM has determined similar 
authority is appropriate during a pandemic health crisis. The interim 
regulations at 5 CFR 550.409(b) permit the head of an agency, in his or 
her sole and exclusive discretion, to grant special allowance payments, 
based upon a case-by-case analysis, to offset the direct added expenses 
incident to performing work from home (or an alternative location 
mutually agreeable to the agency and the employee) during a pandemic 
health crisis.

[[Page 47693]]

Waiver of Notice of Proposed Rule Making and Delayed Effective Date

    Pursuant to 5 U.S.C. 553(b)(3)(B), I find that good cause exists 
for waiving the general notice of proposed rulemaking. In response to a 
potential pandemic influenza event, the President recently issued the 
Federal Government's Implementation Plan for the National Strategy for 
Pandemic Influenza. This proposal has been fashioned in furtherance of 
that plan. In light of the imminence of the potential threat, providing 
an advance notice and comment period, before these regulations become 
effective, would be both impracticable and against the public interest. 
Accordingly, a waiver of the requirements for proposed rulemaking is 
justified under these circumstances.

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 
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 531 and 550

    Administrative practice and procedure; Claims; Government 
employees; Reporting and recordkeeping requirements; Wages.

Office of Personnel Management.
Linda M. Springer,
Director.


0
Accordingly, OPM is amending parts 531 and 550 of title 5 of the Code 
of Federal Regulations as follows:

PART 531--PAY UNDER THE GENERAL SCHEDULE

0
1. The authority citation for part 531 continues to read as follows:

    Authority: 5 U.S.C. 5115, 5307, and 5338; sec. 4 of Public Law 
103-89, 107 Stat. 981; and E.O. 12748, 56 FR 4521, 3 CFR, 1991 
Comp., p. 316; Subpart B also issued under 5 U.S.C. 5303(g), 5305, 
5333, 5334(a) and (b), and 7701(b)(2); Subpart D also issued under 5 
U.S.C. 5335(g) and 7701(b)(2); Subpart E also issued under 5 U.S.C. 
5336; Subpart F also issued under 5 U.S.C. 5304, 5305, and 5338; and 
E.O. 12883, 58 FR 63281, 3 CFR, 1993 Comp., p. 682 and E.O. 13106, 
63 FR 68151, 3 CFR, 1998 Comp., p. 224.

Subpart F--Locality-Based Comparability Payments

0
2. In Sec.  531.605, revise paragraph (d)(3) to read as follows:


Sec.  531.605  Determining an employee's official worksite.

* * * * *
    (d) * * *
    (3) An authorized agency official may make a temporary exception to 
the requirements in paragraphs (d)(1) and (2) of this section in 
appropriate situations of a temporary nature, such as the following:
    (i) An employee is recovering from an injury or medical condition; 
or
    (ii) An employee is affected by an emergency situation, which 
temporarily prevents the employee from commuting to his or her regular 
official worksite.
* * * * *

PART 550--PAY ADMINISTRATION (GENERAL)

0
3. The authority citation for subpart D of part 550 continues to read 
as follows:

    Authority: 5 U.S.C. 5527; E.O. 10982, 3 CFR parts 1959-1963, p. 
502.

0
4. In subpart D, add Sec.  550.409 to read as follows:


Sec.  550.409  Evacuation payments during a pandemic health crisis.

    (a) An agency may order one or more employees to evacuate from 
their worksite and perform work from their home (or an alternative 
location mutually agreeable to the agency and the employee) during a 
pandemic health crisis. Under these circumstances, an agency may 
designate the employee's home (or an alternative location mutually 
agreeable to the agency and the employee) as a safe haven and provide 
evacuation payments to the employee. An agency must compute the 
evacuation payments and determine the time period during which such 
payments will be made in accordance with Sec.  550.404. An evacuated 
employee at a safe haven may be assigned to perform any work considered 
necessary or required to be performed during the period of evacuation 
without regard to his or her grade, level, or title. The employee must 
have the necessary knowledge and skills to perform the assigned work. 
Failure or refusal to perform assigned work may be a basis for 
terminating evacuation payments, as well as disciplinary action.
    (b) The head of an agency, in his or her sole and exclusive 
discretion, may grant special allowance payments, based upon a case-by-
case analysis, to offset the direct added expenses incidental to 
performing work from home (or an alternative location mutually 
agreeable to the agency and the employee) during a pandemic health 
crisis.
    (c) An agency may terminate evacuation payments under the 
conditions listed in Sec.  550.407. An agency must make any necessary 
adjustments in pay consistent with Sec.  550.408 after the evacuation 
is terminated.

[FR Doc. 06-6990 Filed 8-16-06; 8:45 am]
BILLING CODE 6325-39-P