[Federal Register: June 30, 1998 (Volume 63, Number 125)]
[Proposed Rules]
[Page 35543-35544]

Proposed Rules

[[Page 35543]]

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OFFICER OF PERSONNEL MANAGEMENT

5 CFR Part 550

RIN 3206-A129

Hazardous Duty Pay

AGENCY: Office of Personnel Management.

ACTION: Proposed rule with request for comments.

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SUMMARY: The Officer of Personnel Management is issuing a proposed
regulation to provide an 8 percent hazard pay differential for General
Schedule employees who perform work at a worksite a more than 3900
meters (12,795 feet) in altitude, provided such employees are required
to commute to the worksite on the same day from a substantially lower
altitude under circumstances in which the rapid change in altitude may
result in acclimation problems.

DATES: Comments must be received on or before July 30, 1998.

ADDRESSES: Comments may be sent or delivered to Donald J. Winstead,
Assistant Director for Compensation Administration, Workforce
Compensation and Performance Service, Office of Personnel Management,
Room 7H31, 1300 E Street NW., Washington, DC 20415, FAX: (202) 606-
0824, or email at payleave@opm.gov.

FOR FURTHER INFORMATION CONTACT:
Kevin Kitchelt, (202) 606-2858, FAX: (202) 606-0824, or email at
payleave@opm.gov.

SUPPLEMENTARY INFORMATION: The Smithsonian Institution asked the Office
of Personnel Management (OPM) to establish a 10 percent hazard pay
differential for General Schedule employees for days when they must
perform work at the Smithsonian Astrophysical Observatory (SAO) near
the 4206 meter (13,800 foot) summit of Mauna Kea, an extinct volcano on
the Island of Hawaii. The Smithsonian Institution states that suitable
housing is available only near sea level and that SAO employees must
commute back and forth from their homes to the SAO worksite each
workday. The Smithsonian Institution submitted research evidence which
indicates that work at high altitudes can have negative physiological
effects such as impaired judgment, increased heart rates, and nausea,
especially if employees have not had time to acclimate to the lower
atmospheric pressure and oxygen levels that exist at a high altitude.
    After discussions with the Smithsonian Institution, OPM has agreed
to propose an 8 percent hazard duty pay differential for work at such a
high altitude. The reason for proposing a lower differential rate is to
conform with a proposed 8 percent environmental differential rate for
prevailing rate (wage) employees who work at the same or similar high
altitude job sites. The proposal for an 8 percent environmental
differential will be provided to the Federal Prevailing Rate Advisory
Committee for its consideration.
    As stated in 5 U.S.C. 5545(d), OPM is responsible for establishing
schedules of hazardous duty pay differentials for General Schedule
employees. This proposed regulation would authorize a new hazard pay
category for General Schedule employees who must work at worksite more
than 3900 meters (12,795 feet) in altitude, provided such employees are
required to commute to the worksite on the same day from a
substantially lower altitude under circumstances in which the rapid
change in altitude may result in acclimation problems. The
establishment of this new category for payment of hazardous duty pay
would not relieve an agency of its responsibility to take whatever
measures are feasible to minimize the harmful effects of work at a high
altitude.

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
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 550

    Administrative practice and procedure, Claims, Government
employees, Wages.

Office of Personnel Management.
Janice R. Lachance,
Director.

    Accordingly, OPM is proposing to amend subpart I of part 550 of
title 5 of the Code of Federal Regulations as follows:

PART 550--PAY ADMINISTRATION (GENERAL)

Subpart I--Pay for Duty Involving Physical Hardship or Hazard

    1. The authority for subpart I of part 550 continues to read as
follows:

    Authority: 5 U.S.C. 5545(d), 5548(b).

    2. Appendix A to subpart I of part 550 is amended by adding a new
category to the Schedule of Hazard Pay Differentials to read as
follows:

Appendix A--Schedule of Pay Differentials Authorized for Hazardous
Duty Under Subpart I

                        Hazard Pay Differential, of Part 550 Pay Administration (General)
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                                                         Rate of hazard
                                                               pay
                          Duty                            differential                Effective date
                                                            (percent)
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Exposure to Physiological Hazards:


[[Page 35544]]


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(6) Working at high altitudes. Performing work at a                   8  [Date of effectiveness of the
final
 worksite more than 3900 meters (12,795 feet) in                          rule].
 altitude, provided the employee is required to commute
 to the worksite on the same day from a substantially
 lower altitude under circumstances in which the rapid
 change in altitude may result in acclimation problems.

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                                                        *
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[FR Doc. 98-17318 Filed 6-29-98; 8:45 am]
BILLING CODE 6325-01-M