[Federal Register: June 30, 1998 (Volume 63, Number 125)] [Proposed Rules] [Page 35543-35544] Proposed Rules [[Page 35543]] ----------------------------------------------------------------------- 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. ----------------------------------------------------------------------- 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) ---------------------------------------------------------------------------------------------------------------- Rate of hazard pay Duty differential Effective date (percent) ---------------------------------------------------------------------------------------------------------------- * * * * * * * Exposure to Physiological Hazards: [[Page 35544]] * * * * * * * (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. * * * * * * * ---------------------------------------------------------------------------------------------------------------- [FR Doc. 98-17318 Filed 6-29-98; 8:45 am] BILLING CODE 6325-01-M