[Federal Register Volume 73, Number 103 (Wednesday, May 28, 2008)]
[Rules and Regulations]
[Pages 30455-30456]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-11839]



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  Federal Register / Vol. 73, No. 103 / Wednesday, May 28, 2008 / Rules 
and Regulations  

[[Page 30455]]



OFFICE OF PERSONNEL MANAGEMENT

5 CFR Part 550

RIN 3206-AL52


Compensatory Time Off for Travel; Prevailing Rate (Wage) 
Employees

AGENCY: U.S. Office of Personnel Management.

ACTION: Final Rule.

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SUMMARY: The U.S. Office of Personnel Management is issuing final 
regulations to implement a provision of the National Defense 
Authorization Act for Fiscal Year 2008 permitting prevailing rate 
(wage) employees to earn compensatory time off for time spent in a 
travel status away from the official duty station when such time is not 
otherwise compensable.

DATES: The regulations are effective May 28, 2008.

FOR FURTHER INFORMATION CONTACT: Gene Holson by telephone at (202) 606-
2858; by fax at (202) 606-0824; or by email at [email protected].

SUPPLEMENTARY INFORMATION: The U.S. Office of Personnel Management 
(OPM) is issuing final regulations to implement section 1111 of the 
National Defense Authorization Act for Fiscal Year 2008 (Pub. L. 110-
181, January 28, 2008), hereafter referred to as ``the Act.'' Section 
1111 of the Act amends subchapter V of chapter 55 of title 5, United 
States Code, to cover prevailing rate (wage) employees under the 
compensatory time off for travel provision in 5 U.S.C. 5550b. Subject 
to the conditions specified in 5 U.S.C. 5550b and 5 CFR part 550, 
subpart N, a covered employee is entitled to earn, on an hour-for-hour 
basis, compensatory time off for time spent in a travel status away 
from the employee's official duty station when the travel time is not 
otherwise compensable.
    Because the section of law authorizing compensatory time off for 
travel is in 5 U.S.C. chapter 55, subchapter V, the provision applies 
to an ``employee'' as defined in 5 U.S.C. 5541(2), who is employed in 
an ``Executive agency,'' as defined in 5 U.S.C. 105. Prevailing rate 
(wage) employees previously were excluded from the compensatory time 
off for travel provision by 5 U.S.C. 5541(2)(xi). However, the Act 
amends 5 U.S.C. 5541(2) and 5 U.S.C. 5550b to permit prevailing rate 
(wage) employees to earn compensatory time off for travel under 5 
U.S.C. 5550b and 5 CFR part 550, subpart N.

Effective Date

    Section 1111(c) of the Act provides that the amendment takes effect 
on the earlier of (1) the effective date of implementing regulations or 
(2) the 90th day after the date of the law's enactment, which is April 
27, 2008. These regulations are effective on April 27, 2008 and apply 
prospectively from that date. Accordingly, we have revised Sec.  
550.1402 to provide that prevailing rate (wage) employees are covered 
by 5 CFR part 550, subpart N, effective April 27, 2008. Agencies must 
credit prevailing rate (wage) employees who perform officially 
authorized travel on or after the effective date with any compensatory 
time off for travel to which they are entitled under the law and 
regulations. If an employee is on an extended period of officially 
authorized travel on the effective date, only the qualifying travel 
hours occurring on or after the effective date are creditable for the 
purpose of earning compensatory time off for travel.

Authority Citation

    Subpart N of part 550 of title 5, Code of Federal Regulations, 
previously did not include an authority citation. Therefore, we have 
added 5 U.S.C. 5548(a) as the authority citation for 5 CFR part 550, 
subpart N.

Waiver of Notice of Proposed Rulemaking

    Pursuant to section 553(b)(B) of title 5 of the United States Code, 
I find that good cause exists for waiving the general notice of 
proposed rulemaking. Also, pursuant to 5 U.S.C. 553(d)(3), I find that 
good cause exists for making this rule effective in less than 30 days. 
These regulations implement a provision of Public Law 110-181 that 
takes effect on the earlier of (1) the effective date of implementing 
regulations or (2) the 90th day after the date of the law's enactment. 
The statutory change is unambiguous and does not require 
interpretation, since it simply extends coverage under a particular 
provision of law to an additional category of employees. These 
regulations merely incorporate the statutory change. Thus, a notice of 
proposed rulemaking and a delayed effective date is unnecessary. This 
waiver will facilitate timely implementation of the law as intended by 
Congress.

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.

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

0
Accordingly, OPM is amending 5 CFR part 550 as follows:

PART 550--PAY ADMINISTRATION (GENERAL)

Subpart N--Compensatory Time Off for Travel

0
1. An authority citation for subpart N of part 550 is added to read as 
follows:

    Authority: 5 U.S.C. 5548(a).


0
2. Section 550.1402 is revised to read as follows:


Sec.  550.1402  Coverage.

    This subpart applies to an employee as defined in 5 U.S.C. 5541(2) 
who is employed by an agency. In accordance with section 1111 of Public 
Law 110-181, an employee whose pay is fixed and adjusted from time to 
time in accordance with prevailing rates under subchapter IV of chapter 
53 of title 5,

[[Page 30456]]

United States Code, or by a wage board or similar administrative 
authority serving the same purpose, is covered by this subpart 
effective April 27, 2008.

 [FR Doc. E8-11839 Filed 5-27-08; 8:45 am]
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