[Federal Register: April 27, 2005 (Volume 70, Number 80)]
[Rules and Regulations]
[Page 21613-21614]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27ap05-1]
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Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
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[[Page 21613]]
OFFICE OF PERSONNEL MANAGEMENT
5 CFR Part 532
RIN 3206-AK64
Prevailing Rate Systems; Environmental Differential Pay for
Asbestos Exposure
AGENCY: Office of Personnel Management.
ACTION: Interim rule with request for comments.
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SUMMARY: The Office of Personnel Management is issuing an interim
regulation to implement a change in law that requires the use of the
Occupational Safety and Health Administration permissible exposure
limit standard for concentrations of airborne asbestos fibers for an
environmental differential pay category that covers Federal prevailing
rate (wage) employees.
DATES: This interim regulation is effective on April 27, 2005. The
Office of Personnel Management must receive comments by June 27, 2005.
ADDRESSES: Send or deliver comments to Donald J. Winstead, Deputy
Associate Director for Pay and Performance Policy, Strategic Human
Resources Policy Division, Office of Personnel Management, Room 7H31,
1900 E Street NW., Washington, DC 20415-8200; e-mail
pay-performance-policy@opm.gov; or fax: (202) 606-4264.
FOR FURTHER INFORMATION CONTACT: Madeline Gonzalez, (202) 606-2838; e-
mail pay-performance-policy@opm.gov; or fax: (202) 606-4264.
SUPPLEMENTARY INFORMATION: The Office of Personnel Management (OPM) is
issuing an interim regulation to incorporate the Occupational Safety
and Health Administration (OSHA) permissible exposure limits (PELs)
standard for concentrations of airborne asbestos in the Federal Wage
System (FWS) environmental differential pay (EDP) category for
asbestos, as required by section 1122 of the National Defense
Authorization Act for 2004 (Public Law 108-136, November 24, 2003).
OPM establishes EDP categories under section 5343(c)(4) of title 5,
United States Code, which provides that EDP may be paid for ``duty
involving unusually severe working conditions or unusually severe
hazards.'' Section 1122 of Public Law 108-136 amended section
5343(c)(4) by adding ``and for any hardship or hazard related to
asbestos, such differentials shall be determined by applying
occupational safety and health standards consistent with the
permissible exposure limit promulgated by the Secretary of Labor under
the Occupational Safety and Health Act of 1970.'' This change in law
became effective on November 24, 2003.
The FWS EDP categories are contained in appendix A to subpart E of
part 532 of title 5, Code of Federal Regulations. The current rule
covering asbestos exposure for FWS employees provides that Federal
agencies may pay their prevailing rate employees a differential for
``[w]orking in an area where airborne concentrations of asbestos fibers
may expose employees to potential illness or injury and protective
devices or safety measures have not practically eliminated the
potential for such personal illness or injury.'' This interim
regulation would revise part 532 to implement section 1122 for
prevailing rate employees and require Federal agencies to apply
occupational safety and health standards consistent with the
permissible exposure limit (PEL) promulgated by the Secretary of Labor
under the Occupational Safety and Health Act of 1970 as published in
title 29, Code of Federal Regulations, Sec. Sec. 1910.1001 or
1926.1101 (construction work only). Any OSHA regulatory change in the
PELs for asbestos will be applied automatically to OPM's regulations
effective on the first day of the first pay period beginning on or
after the effective date of the change in the PELs.
Waiver of Notice of Proposed Rulemaking and Delay in Effective Date
Pursuant to section 553(b)(3)(B) and (d)(3) of title 5, United
States Code, I find that good cause exists to waive the general notice
of proposed rulemaking to comply with the change in law required by
Public Law 108-136, which was enacted on November 24, 2003. The waiver
of the requirements for proposed rulemaking and of the delay in the
effective date are necessary to comply with the change in law in a
timely manner.
Regulatory Flexibility Act
I certify that this regulation will not have a significant economic
impact on a substantial number of small entities because it affects
only Federal agencies and employees.
E.O. 12866, Regulatory Review
This rule has been reviewed by the Office of Management and Budget
in accordance with Executive Order 12866.
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.
Dan G. Blair,
Acting Director.
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Accordingly, the Office of Personnel Management amends 5 CFR part 532
as follows:
PART 532--PREVAILING RATE SYSTEMS
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1. The authority citation for part 532 continues to read as follows:
Authority: 5 U.S.C. 5343, 5346; Sec. 532.707 also issued under
5 U.S.C. 552.
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2. In appendix A to subpart E of part 532, category 16 in the table
titled ``Part II--Payment on Basis of Hours in Pay Status'' is revised
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 21614]]
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 16. Asbestos. Working in an area where airborne Nov. 24, 2003.
concentrations of asbestos fibers may expose
employees to potential illness or injury and
protective devices or safety measures have not
practically eliminated the potential for such
personal illness or injury. This differential
will be determined by applying occupational
safety and health standards consistent with the
permissible exposure limit promulgated by the
Secretary of Labor under the Occupational Safety
and Health Act of 1970 as published in title 29,
Code of Federal Regulations, Sec. Sec.
1910.1001 or 1926.1101. Regulatory changes in
Sec. Sec. 1910.1001 or 1926.1101 are hereby
incorporated in and made a part of this category,
effective on the first day of the first pay
period beginning on or after the effective date
of the changes.
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[FR Doc. 05-8331 Filed 4-26-05; 8:45 am]
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