Prevailing Rate Systems; Environmental Differential Pay for Asbestos Exposure, 21613-21614 [05-8331]
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21613
Rules and Regulations
Federal Register
Vol. 70, No. 80
Wednesday, April 27, 2005
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 week.
OFFICE OF PERSONNEL
MANAGEMENT
5 CFR Part 532
RIN 3206–AK64
Prevailing Rate Systems;
Environmental Differential Pay for
Asbestos Exposure
Office of Personnel
Management.
ACTION: Interim rule with request for
comments.
AGENCY:
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; email pay-performance-policy@opm.go;
or fax: (202) 606–4264.
FOR FURTHER INFORMATION CONTACT:
Madeline Gonzalez, (202) 606–2838; email 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
VerDate jul<14>2003
17:56 Apr 26, 2005
Jkt 205001
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,
§§ 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.
PO 00000
Frm 00001
Fmt 4700
Sfmt 4700
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.
Accordingly, the Office of Personnel
Management amends 5 CFR part 532 as
follows:
I
PART 532—PREVAILING RATE
SYSTEMS
1. The authority citation for part 532
continues to read as follows:
I
Authority: 5 U.S.C. 5343, 5346; § 532.707
also issued under 5 U.S.C. 552.
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:
I
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
E:\FR\FM\27APR1.SGM
27APR1
21614
Federal Register / Vol. 70, No. 80 / Wednesday, April 27, 2005 / Rules and Regulations
PART II—PAYMENT ON BASIS OF HOURS IN PAY STATUS
Differential rate
(percent)
*
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[FR Doc. 05–8331 Filed 4–26–05; 8:45 am]
BILLING CODE 6325–39–P
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 932
[Docket No. FV05–932–1 FR]
Olives Grown in California; Increased
Assessment Rate
Agricultural Marketing Service,
USDA.
ACTION: Final rule.
AGENCY:
SUMMARY: This rule increases the
assessment rate established for the
California Olive Committee (committee)
for the 2005 and subsequent fiscal years
from $12.18 to $15.68 per ton of olives
handled. The committee locally
administers the marketing order
regulating the handling of olives grown
in California. Authorization to assess
olive handlers enables the committee to
incur expenses that are reasonable and
necessary to administer the program.
The current fiscal year began January 1
and ends December 31. The assessment
rate will remain in effect indefinitely
unless modified, suspended, or
terminated.
DATES:
Effective April 28, 2005.
FOR FURTHER INFORMATION CONTACT:
Laurel May, Marketing Specialist,
California Marketing Field Office,
Marketing Order Administration
Branch, Fruit and Vegetable Programs,
AMS, USDA, 2202 Monterey Street,
Suite 102B, Fresno, California 93721;
Telephone: (559) 487–5901, Fax: (559)
487–5906; or George Kelhart, Technical
Advisor, Marketing Order
Administration Branch, Fruit and
Vegetable Programs, AMS, USDA, 1400
Independence Avenue, SW., STOP
0237, Washington, DC 20250–0237;
VerDate jul<14>2003
Effective date
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16. Asbestos. Working 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 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, §§ 1910.1001 or 1926.1101. Regulatory changes in §§ 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.
8
*
Category for which payable
17:56 Apr 26, 2005
Jkt 205001
Telephone: (202) 720–2491, Fax: (202)
720–8938.
Small businesses may request
information on complying with this
regulation by contacting Jay Guerber,
Marketing Order Administration
Branch, Fruit and Vegetable Programs,
AMS, USDA, 1400 Independence
Avenue, SW., STOP 0237, Washington,
DC 20250–0237; Telephone (202) 720–
2491, Fax: (202) 720–8938, or E-mail:
Jay.Guerber@usda.gov.
This rule
is issued under Marketing Agreement
No. 148 and Order No. 932, both as
amended (7 CFR part 932), regulating
the handling of olives grown in
California, hereinafter referred to as the
‘‘order.’’ The order is effective under the
Agricultural Marketing Agreement Act
of 1937, as amended (7 U.S.C. 601–674),
hereinafter referred to as the ‘‘Act.’’
The Department of Agriculture
(USDA) is issuing this rule in
conformance with Executive Order
12866.
This rule has been reviewed under
Executive Order 12988, Civil Justice
Reform. Under the marketing order now
in effect, California olive handlers are
subject to assessments. Funds to
administer the order are derived from
such assessments. The assessment rate
issued herein will be effective beginning
on January 1, 2005, apply to all first
handled assessable olives from the
current crop year, and will continue
until amended, suspended, or
terminated. This rule will not preempt
any State or local laws, regulations, or
policies, unless they present an
irreconcilable conflict with this rule.
The Act provides that administrative
proceedings must be exhausted before
parties may file suit in court. Under
section 608c(15)(A) of the Act, any
handler subject to an order may file
with USDA a petition stating that the
order, any provision of the order, or any
obligation imposed in connection with
the order is not in accordance with law
and request a modification of the order
SUPPLEMENTARY INFORMATION:
PO 00000
Frm 00002
Fmt 4700
Sfmt 4700
*
Nov. 24, 2003.
or to be exempted therefrom. Such
handler is afforded the opportunity for
a hearing on the petition. After the
hearing USDA would rule on the
petition. The Act provides that the
district court of the United States in any
district in which the handler is an
inhabitant, or has his or her principal
place of business, has jurisdiction to
review USDA’s ruling on the petition,
provided an action is filed not later than
20 days after the date of the entry of the
ruling.
This rule increases the assessment
rate established for the committee for
the 2005 and subsequent fiscal years
from $12.18 per ton to $15.68 per ton of
olives first handled from the applicable
crop years.
The California olive marketing order
provides authority for the committee,
with the approval of USDA, to formulate
an annual budget of expenses and
collect assessments from handlers to
administer the program. The fiscal year,
which is the 12-month period between
January 1 and December 31, begins after
the corresponding crop year, which is
the 12-month period beginning August
1 and ending July 31 of the subsequent
year. Fiscal year budget and assessment
recommendations are made after the
corresponding crop year olive tonnage is
reported. The members of the committee
are producers and handlers of California
olives. They are familiar with the
committee’s needs and with the costs
for goods and services in their local area
and are thus in a position to formulate
an appropriate budget and assessment
rate. The assessment rate is discussed in
a public meeting. Thus, all directly
affected persons have an opportunity to
participate and provide input.
For the 2004 and subsequent fiscal
years, the committee recommended, and
USDA approved, an assessment rate that
would continue in effect from fiscal year
to fiscal year unless modified,
suspended, or terminated by USDA
upon recommendation and information
submitted by the committee or other
information available to USDA.
E:\FR\FM\27APR1.SGM
27APR1
]]>Agencies
[Federal Register Volume 70, Number 80 (Wednesday, April 27, 2005)]
[Rules and Regulations]
[Pages 21613-21614]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-8331]
========================================================================
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
week.
========================================================================
Federal Register / Vol. 70, No. 80 / Wednesday, April 27, 2005 /
Rules and Regulations
[[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.
-----------------------------------------------------------------------
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.go; 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.
0
Accordingly, the Office of Personnel Management amends 5 CFR part 532
as follows:
PART 532--PREVAILING RATE SYSTEMS
0
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.
0
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
----------------------------------------------------------------------------------------------------------------
Differential rate (percent) Category for which payable Effective date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
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.
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 05-8331 Filed 4-26-05; 8:45 am]
BILLING CODE 6325-39-P
