Prevailing Rate Systems; Environmental Differential Pay for Working at High Altitudes

OFFICE OF PERSONNEL MANAGEMENT

5 CFR Part 532

RIN 3206-AI36

Prevailing Rate Systems; Environmental Differential Pay for

Working at High Altitudes

AGENCY: Office of Personnel Management.

ACTION: Final rule.

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SUMMARY: The Office of Personnel Management (OPM) is issuing a final

regulation to establish an 8 percent environmental differential pay

(EDP) category for Federal Wage System (FWS) employees who work at

land-based worksites located higher than 3900 meters (12,795 feet) in

altitude, provided such employees are required to commute to their

worksites 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 EDP category so that

Federal agencies may provide additional compensation to FWS employees

who are exposed to unusual health risks caused by these working

conditions.

DATES: Effective Date: This regulation is effective on April 2, 1999.

Applicability Date: This regulation applies on the first day of the

first applicable pay period beginning on or after April 2, 1999.

FOR FURTHER INFORMATION CONTACT: Jennifer Hopkins at (202) 606-2848, or

send an email message to [email protected].

SUPPLEMENTARY INFORMATION: On October 13, 1998, the Office of Personnel

Management (OPM) published a proposed rule (63 FR 54616) to establish

an 8 percent environmental differential pay (EDP) category for Federal

Wage System (FWS) employees who work at land-based worksites located

higher than 3900 meters (12,795 feet), provided such employees are

required to commute to their worksites on the same day from a

substantially lower altitude under circumstances in which the rapid

change in altitude may result in acclimation problems. This proposal

was similar to a proposed regulation issued on June 30, 1998, to

establish a hazard pay differential for General Schedule employees.

The Smithsonian Institution requested that we establish an EDP

category for FWS employees who must 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 stated that suitable employee housing is

available only near sea level and that SAO employees must therefore

commute back and forth from their homes to the SAO worksite each

workday. The Smithsonian Institution submitted research evidence that

indicates work at high altitudes may have negative physiological

effects such as impaired judgment, increased heart rates, and nausea,

especially if employees have not had time to acclimate to lower

atmospheric pressures and oxygen levels that exist at high altitudes.

In addition, employees are exposed to the possibility of experiencing

severe health problems such as high altitude pulmonary edema, high

altitude cerebral edema, and acute mountain sickness.

Under 5 U.S.C. 5343(c)(4), OPM is responsible for establishing EDP

categories that Federal agencies may use to provide additional

compensation to FWS employees whose duties involve unusually severe

working conditions or unusually severe hazards. This final regulation

will authorize a new EDP category for FWS employees who must work at

land-based worksites higher than 3900 meters (12,795 feet), 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 could result in acclimation problems. The

establishment of this new EDP category will not relieve an agency of

its responsibility to take whatever measures are feasible to minimize

the harmful effects of commuting to work at high altitudes.

The proposed regulation for the establishment of a new EDP category

for FWS employees provided a 30-day period for public comment, during

which we received one comment from a labor organization. The labor

organization recognized and agreed that a need exists for the

establishment of a new EDP category for FWS employees, but recommended

that we consider establishing a 25 percent differential instead of the

proposed 8 percent differential. The proposed differential was

throughly reviewed by the Federal Prevailing Rate Advisory Committee

(FPRAC), the national labor-management committee responsible for

advising OPM on matters that affect the pay of FWS employees. After

careful consideration, the Committee recommended by consensus that the

differential be set at 8 percent, an amount in line with other EDP

categories and also in line with prevailing non-Federal practices, as

reported by the Smithsonian Institution. Based on FPRAC's

recommendation, we are establishing the new EDP category with an 8

percent differential.

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 FWS

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 the environmental

differential. 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 E.O. 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.

[[Page 15916]]

List of Subjects in 5 CFR Part 532

Administrative practice and procedure, Freedom of information,

Government employees, Reporting and recordkeeping requirements, Wages.

Office of Personnel Management.

Janice R. Lachance,

Director.

Accordingly, the Office of Personnel Management is amending 5 CFR

part 532 as follows:

PART 532--PREVAILING RATE SYSTEMS

Subpart E--Premium Pay and Differentials

1. The authority citation for part 532 continues to read as

follows:

Authority: 5 U.S.C. 5343.

2. Appendix A to subpart E of part 532 is amended by adding a new

category to the schedule of environmental differentials at the end of

Part II of the appendix to read as follows:

Appendix A to Subpart E of Part 532--Schedule of Environmental

Differentials Paid for Exposure to Various Degrees of Hazards,

Physical Hardships, and Working Conditions of an Unusual Nature

Part II.--Payment on Basis of Hours in Pay Status

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Differential rate (percent) Category for which payable Effective date

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8.................................. 17. Working at high altitudes. Performing work April 2, 1999.

at a land-based work site more than 3900

meters (12,795 feet) in altitude, provided the

employee is required to commute to the work

site 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. 99-8107 Filed 4-1-99; 8:45 am]

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