[Federal Register: October 13, 1998 (Volume 63, Number 197)] [Proposed Rules] [Page 54616-54617] ----------------------------------------------------------------------- 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: Proposed rule with request for comments. ----------------------------------------------------------------------- SUMMARY: The Office of Personnel Management (OPM) is issuing a proposed regulation to establish an 8 percent environmental differential pay (EDP) category for Federal Wage System (FWS) employees who work at land-based worksites located at more 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: Comments must be received on or before November 12, 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, 1900 E Street NW., Washington, DC 20415, FAX: (202) 606- 4264, or email at maallen@opm.gov. FOR FURTHER INFORMATION CONTACT: Mark A. Allen, (202) 606-2848,FAX: (202) 606-4264, or email at maallen@opm.gov. SUPPLEMENTARY INFORMATION: The Smithsonian Institution has asked the Office of Personnel Management (OPM) to establish an environmental differential pay (EDP) category for Federal Wage System (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 states 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. As stated in 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 proposed regulation would authorize a new EDP category for FWS employees who must work at land-based worksites 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 could result in acclimation problems. The establishment of this new EDP category would 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 proposal for this new EDP category was presented to the Federal Prevailing Rate Advisory Committee. The Committee recommended approval of the new EDP category by consensus. OPM issued a proposed rule to establish a similar hazard pay differential for General Schedule employees on June 30, 1998 (63 FR 35543). 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 532 Administrative practice and procedure, Freedom of information, Government employees, Reporting and recordkeeping requirements, Wages. Office of Personnel Management. Janice R. Lachance, Director. Accordingly, OPM is proposing to amend 5 CFR part 532 as follows: PART 532--PREVAILING RATE SYSTEMS Subpart E--Premium Pay and Differentials 1. The authority for subpart E of 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 [[Page 54617]] Part II.--Payment on Basis of Hours in Pay Status ---------------------------------------------------------------------------------------------------------------- Differential rate (percent) Category for which payable Effective date ---------------------------------------------------------------------------------------------------------------- * * * * * * * 8.................................... 17. Working at high altitudes. Performing work [Date of effectivenss at a land-based worksite more than 3900 meters of the final rule]. (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. ---------------------------------------------------------------------------------------------------------------- [FR Doc. 98-27344 Filed 10-9-98; 8:45 am] BILLING CODE 6325-01-P