[Federal Register Volume 72, Number 80 (Thursday, April 26, 2007)]
[Rules and Regulations]
[Pages 20701-20702]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-7959]



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  Federal Register / Vol. 72, No. 80 / Thursday, April 26, 2007 / Rules 
and Regulations  

[[Page 20701]]



OFFICE OF PERSONNEL MANAGEMENT

5 CFR Part 591

RIN 3206-AL07


Allowances and Differentials

AGENCY: Office of Personnel Management.

ACTION: Final rule.

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SUMMARY: The Office of Personnel Management is issuing final 
regulations to increase the maximum annual uniform allowance rate from 
$400 to $800. When civilian Federal employees are required to wear a 
uniform in the performance of their duties, agencies must pay a uniform 
allowance or furnish a uniform.

DATES: The regulations are effective on May 29, 2007.

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

SUPPLEMENTARY INFORMATION: On June 30, 2006, the Office of Personnel 
Management (OPM) issued proposed regulations (71 FR 37507) to increase 
the maximum annual uniform allowance rate. Under 5 U.S.C. 5901, when 
civilian Federal employees are required to wear a uniform in the 
performance of their duties, agencies must pay a uniform allowance or 
furnish a uniform. OPM proposed to increase the maximum annual uniform 
allowance rate from $400 to $500. The 60-day comment period ended on 
August 29, 2006. During the comment period, OPM received comments from 
nine individuals, two labor organizations, one agency, and one 
professional association. The comments are addressed in this final 
rule.

Increasing the Maximum Annual Uniform Allowance Rate

    Under 5 U.S.C. 5902, OPM may, from time to time, adjust the maximum 
annual uniform allowance granted to employees for the cost of their 
uniforms. The rate has not been increased since 1991. On June 30, 2006, 
OPM issued proposed regulations in 5 CFR 591.103 to increase the 
maximum annual uniform allowance rate from $400 to $500. OPM's proposed 
increase was based on the Bureau of Labor Statistics' Producer Price 
Index--Commodities (Seasonally Adjusted), which showed an increase of 
24 percent between January 1991 and January 2005. Most of the 
commenters supported OPM's proposal to increase the maximum annual 
uniform allowance rate but suggested that the rate needed to be 
increased to an amount higher than $500. Two individuals objected to 
the proposed increase in the maximum annual uniform allowance rate.
    The commenters identified specific categories of employees in 
uniforms (e.g., firefighters) that require protective clothing which 
must meet certain professional standards. The commenters noted the 
protective clothing is expensive because the quality of such clothing 
is continuously improving due to technological advancements in the 
materials (i.e., Nomex) used to make it. The professional association 
recommended an increase to $800.
    We agree that expensive specialized clothing may be required for 
certain categories of employees and should be considered in determining 
a maximum annual uniform allowance rate. Therefore, we are amending 5 
CFR 591.103 to provide a maximum annual uniform allowance rate of $800. 
Although agencies will now be permitted to pay an annual uniform 
allowance rate up to a maximum rate of $800 a year, it is not 
anticipated or expected that every employee who is required to wear a 
uniform will receive the maximum rate of $800 per year. Agencies are in 
the best position to identify and manage the specific uniform allowance 
needs of their employees.
    We note that although OPM has sole authority to adjust the maximum 
annual uniform allowance granted to employees for maintaining uniforms 
(5 U.S.C. 5902 and 5 CFR 591.103), agencies have discretionary 
authority to establish a higher initial maximum uniform allowance rate 
under 5 CFR 591.104. An agency must publish a notice in the Federal 
Register with a description and justification for establishing a higher 
initial maximum uniform allowance rate.
    One labor organization recommended that OPM require agencies to 
provide uniforms when the safety of the employee is involved. We have 
not adopted this recommendation because OPM does not have the authority 
to implement such a requirement. Under 5 U.S.C. 5901(a), an agency must 
determine whether to furnish a uniform or pay a uniform allowance to 
its employees who are required to wear a uniform.

Agency Uniform Allowance Policy

    An individual recommended that agencies be required to establish a 
policy for paying uniform allowances to ensure that uniforms are 
maintained appropriately and the allowance is used solely to maintain 
uniforms. Although we believe agencies have already established such 
policies in writing or in practice, as we adopt a new annual uniform 
allowance rate that is twice the amount of the previous rate, we agree 
OPM's regulations should make this requirement explicit. We have added 
a new paragraph (c) to 5 CFR 591.103 to require that any agency which 
provides a uniform allowance must establish policies to administer the 
uniform allowance program and such policies must contain uniform 
standards acceptable to the agency but we defer to agencies to develop 
specific provisions of the policy. At a minimum, OPM expects such 
policies will (1) Identify the category of employees required to wear 
uniforms, (2) establish requirements for determining the annual uniform 
allowance rate based on the specific uniform needs of each category of 
employees, (3) require employees to provide evidence acceptable to the 
agency of the employee's purchase of one or more uniforms (e.g., 
receipts), and (4) require employees to obtain uniforms that meet 
standards acceptable to the agency. Agencies may use any standards 
acceptable to them to determine uniform appearance, and any other 
specialized uniform requirements such as safety requirements, if 
appropriate.

[[Page 20702]]

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 would not have a significant 
economic impact on a substantial number of small entities because they 
would apply only to Federal agencies and employees.

List of Subjects in 5 CFR Part 591

    Government employees, Travel and transportation expenses, Wages.

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

0
Accordingly, OPM is amending 5 CFR part 591 as follows:

PART 591--ALLOWANCES AND DIFFERENTIALS

Subpart A--Uniform Allowances

0
1. The authority citation for subpart A of part 591 continues to read 
as follows:

    Authority: 5 U.S.C. 5903; E.O. 12748, 3 CFR 1991 Comp., p. 316. 
Source: 59 FR 43705, Aug. 25, 1994, unless otherwise noted.


0
2. In Sec.  591.103, paragraphs (a) and (b) are revised and a new 
paragraph (c) is added to read as follows:


Sec.  591.103  Governmentwide maximum uniform allowance rate.

* * * * *
    (a) Pay an allowance for a uniform not to exceed $800 a year; or
    (b) Furnish a uniform at a cost not to exceed $800 a year.
    (c) Any agency which provides a uniform allowance under paragraph 
(a) of this section must establish policies to administer the uniform 
allowance program, including uniform standards acceptable to the 
agency.

[FR Doc. E7-7959 Filed 4-25-07; 8:45 am]
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