Hazardous Duty Pay

OFFICE OF PERSONNEL MANAGEMENT

5 CFR Part 550

RIN 3206-AI29

Hazardous Duty Pay

AGENCY: Office of Personnel Management.

ACTION: Final rule.

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SUMMARY: The Office of Personnel Management is issuing final

regulations to provide an 8 percent hazard pay differential for General

Schedule employees who perform work at a land-based 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. OPM is creating

this new hazard pay differential authority to compensate employees who

are exposed to unusual health risks.

DATES: Effective Date: The regulations are effective on January 11,

1999.

Applicability Dates: The regulations apply on the first day of the

first pay period beginning on or after January 11, 1999.

FOR FURTHER INFORMATION CONTACT: Kevin Kitchelt, (202) 606-2858, FAX:

(202) 606-0824, or email: [email protected].

SUPPLEMENTARY INFORMATION: The Office of Personnel Management (OPM) is

responsible for establishing schedules of hazardous duty pay

differentials for General Schedule employees as provided in 5 U.S.C.

5545(d). We published proposed regulations to provide an 8 percent

hazard pay differential for high altitude work in the Federal Register

on June 30, 1998 (63 FR 35543), and we received comments from two

agencies and one individual. The following is a summary of those

comments and one change we made in the final regulations.

One agency commented that only ``land-based'' worksites should be

covered by the new hazard pay category. We agree that the phrase

``land-based worksite'' should be added to clarify that entitlement to

a hazard pay differential does not apply to employees who work on an

aircraft (i.e., where environmental conditions are controlled).

Therefore, we have amended appendix A to subpart I of part 550 to use

the term ``land-based'' worksite.

One individual commented that the altitude threshold for receiving

a hazard pay differential should be lowered to 3000 meters to include

employees who perform work at an altitude of 3400 meters at an

atmospheric monitoring station on Mauna Loa, an extinct volcano on the

Island of Hawaii. However, the employing agency does not support this

recommendation because the agency has no evidence that employees at the

Mauna Loa worksite are exposed to actual physical hazards. While

employees at the worksite occasionally have altitude-related discomfort

such as headaches, nausea, or shortness of breath, these symptoms are

minor and do not reach the threshold of the possibility of hazardous

health problems such as high altitude pulmonary edema, high altitude

cerebral edema, or acute mountain sickness. Since hazard pay

differential is authorized only for duties involving unusual physical

hardship or hazard, including extreme physical discomfort or distress,

we have not adopted the individual's suggestion.

One agency commented that the phrase ``commute to the worksite from

a substantially lower altitude'' should be more specific and that the

term ``substantially lower altitude'' should be defined. Although

different agencies may interpret ``substantially lower altitude''

differently, we believe each agency is in the best position to apply

this regulation based on applicable commuting requirements. A

regulatory definition is not feasible. Further, we believe the proposed

regulation provides sufficient guidance by indicating that the change

in altitude must be sufficiently large and rapid to cause potential

acclimation problems that reach the level of an unusual physical

hazard.

Waiver of Delay in Effective Date

Pursuant to 5 U.S.C. 553(d)(3), I find that good cause exists to

make these regulations effective in less than 30 days. Some General

Schedule employees of the Smithsonian Institution are currently

commuting from near sea level to a work site near the 4206 meter

(13,800 foot) summit of Mauna Kea on the Island of Hawaii. These

employees currently meet the criteria in this final regulation for

hazardous duty pay. In addition, the Smithsonian Institution has asked

that this authority be made effective as soon as possible.

E.O. 12866, Regulatory Review

This rule has been reviewed by the Office of Management and Budget

in accordance with Executive Order 12866.

Regulatory Flexibility Act

I certify that these regulations will not have a significant 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.

Janice R. Lachance,

Director.

Accordingly, OPM is amending 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:

[[Page 1502]]

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:

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(6) Working at high altitudes. Performing work at a 8 January 11, 1999.

land-based worksite more than 3900 meters (12,795

feet) in 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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[FR Doc. 99-522 Filed 1-8-99; 8:45 am]

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