Compensatory Time Off for Travel; Prevailing Rate (Wage) Employees, 30455-30456 [E8-11839]
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30455
Rules and Regulations
Federal Register
Vol. 73, No. 103
Wednesday, May 28, 2008
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 550
RIN 3206–AL52
Compensatory Time Off for Travel;
Prevailing Rate (Wage) Employees
U.S. Office of Personnel
Management.
ACTION: Final Rule.
AGENCY:
SUMMARY: The U.S. Office of Personnel
Management is issuing final regulations
to implement a provision of the
National Defense Authorization Act for
Fiscal Year 2008 permitting prevailing
rate (wage) employees to earn
compensatory time off for time spent in
a travel status away from the official
duty station when such time is not
otherwise compensable.
DATES: The regulations are effective May
28, 2008.
FOR FURTHER INFORMATION CONTACT:
Gene Holson by telephone at (202) 606–
2858; by fax at (202) 606–0824; or by
email at pay-performancepolicy@opm.gov.
The U.S.
Office of Personnel Management (OPM)
is issuing final regulations to implement
section 1111 of the National Defense
Authorization Act for Fiscal Year 2008
(Pub. L. 110–181, January 28, 2008),
hereafter referred to as ‘‘the Act.’’
Section 1111 of the Act amends
subchapter V of chapter 55 of title 5,
United States Code, to cover prevailing
rate (wage) employees under the
compensatory time off for travel
provision in 5 U.S.C. 5550b. Subject to
the conditions specified in 5 U.S.C.
5550b and 5 CFR part 550, subpart N,
a covered employee is entitled to earn,
on an hour-for-hour basis, compensatory
time off for time spent in a travel status
away from the employee’s official duty
mstockstill on PROD1PC66 with RULES
SUPPLEMENTARY INFORMATION:
VerDate Aug<31>2005
17:40 May 27, 2008
Jkt 214001
station when the travel time is not
otherwise compensable.
Because the section of law authorizing
compensatory time off for travel is in 5
U.S.C. chapter 55, subchapter V, the
provision applies to an ‘‘employee’’ as
defined in 5 U.S.C. 5541(2), who is
employed in an ‘‘Executive agency,’’ as
defined in 5 U.S.C. 105. Prevailing rate
(wage) employees previously were
excluded from the compensatory time
off for travel provision by 5 U.S.C.
5541(2)(xi). However, the Act amends 5
U.S.C. 5541(2) and 5 U.S.C. 5550b to
permit prevailing rate (wage) employees
to earn compensatory time off for travel
under 5 U.S.C. 5550b and 5 CFR part
550, subpart N.
These regulations implement a
provision of Public Law 110–181 that
takes effect on the earlier of (1) the
effective date of implementing
regulations or (2) the 90th day after the
date of the law’s enactment. The
statutory change is unambiguous and
does not require interpretation, since it
simply extends coverage under a
particular provision of law to an
additional category of employees. These
regulations merely incorporate the
statutory change. Thus, a notice of
proposed rulemaking and a delayed
effective date is unnecessary. This
waiver will facilitate timely
implementation of the law as intended
by Congress.
Effective Date
Section 1111(c) of the Act provides
that the amendment takes effect on the
earlier of (1) the effective date of
implementing regulations or (2) the 90th
day after the date of the law’s
enactment, which is April 27, 2008.
These regulations are effective on April
27, 2008 and apply prospectively from
that date. Accordingly, we have revised
§ 550.1402 to provide that prevailing
rate (wage) employees are covered by 5
CFR part 550, subpart N, effective April
27, 2008. Agencies must credit
prevailing rate (wage) employees who
perform officially authorized travel on
or after the effective date with any
compensatory time off for travel to
which they are entitled under the law
and regulations. If an employee is on an
extended period of officially authorized
travel on the effective date, only the
qualifying travel hours occurring on or
after the effective date are creditable for
the purpose of earning compensatory
time off for travel.
E.O. 12866, Regulatory Review
The Office of Management and Budget
has reviewed this rule in accordance
with E.O. 12866.
Authority Citation
Subpart N of part 550 of title 5, Code
of Federal Regulations, previously did
not include an authority citation.
Therefore, we have added 5 U.S.C.
5548(a) as the authority citation for 5
CFR part 550, subpart N.
Waiver of Notice of Proposed
Rulemaking
Pursuant to section 553(b)(B) of title
5 of the United States Code, I find that
good cause exists for waiving the
general notice of proposed rulemaking.
Also, pursuant to 5 U.S.C. 553(d)(3), I
find that good cause exists for making
this rule effective in less than 30 days.
PO 00000
Frm 00001
Fmt 4700
Sfmt 4700
Regulatory Flexibility Act
I certify that these regulations will not
have a significant economic impact on
a substantial number of small entities
because they will apply only to Federal
agencies and employees.
List of Subjects in 5 CFR Part 550
Administrative practice and
procedure, Claims, Government
employees, Wages.
U.S. Office of Personnel Management.
Linda M. Springer,
Director.
Accordingly, OPM is amending 5 CFR
part 550 as follows:
I
PART 550—PAY ADMINISTRATION
(GENERAL)
Subpart N—Compensatory Time Off
for Travel
1. An authority citation for subpart N
of part 550 is added to read as follows:
I
Authority: 5 U.S.C. 5548(a).
2. Section 550.1402 is revised to read
as follows:
I
§ 550.1402
Coverage.
This subpart applies to an employee
as defined in 5 U.S.C. 5541(2) who is
employed by an agency. In accordance
with section 1111 of Public Law 110–
181, an employee whose pay is fixed
and adjusted from time to time in
accordance with prevailing rates under
subchapter IV of chapter 53 of title 5,
E:\FR\FM\28MYR1.SGM
28MYR1
30456
Federal Register / Vol. 73, No. 103 / Wednesday, May 28, 2008 / Rules and Regulations
United States Code, or by a wage board
or similar administrative authority
serving the same purpose, is covered by
this subpart effective April 27, 2008.
[FR Doc. E8–11839 Filed 5–27–08; 8:45 am]
BILLING CODE 6325–39–P
NUCLEAR REGULATORY
COMMISSION
10 CFR Parts 1, 19, 20, 30, 40, 50, 52,
55, 60, 61, 63, 70, 71, 72, 73 and 76
Summary of Changes
[NRC–2008–0270]
Change in Street Address for Region IV,
USNRC
RIN 3150-AI39
Administrative Changes: NRC Region
IV Address Change and Phone Number
and E-mail Address Changes
Nuclear Regulatory
Commission.
ACTION: Final rule.
AGENCY:
SUMMARY: The Nuclear Regulatory
Commission (NRC) is amending its
regulations to update the street address
for its Region IV office, and to update a
telephone number and e-mail address
for the Office of Information Services
(OIS). This document is necessary to
inform the public of these changes to
the NRC’s regulations.
DATES: Effective date: This rule is
effective May 28, 2008.
FOR FURTHER INFORMATION CONTACT:
Angella Love Blair, Rulemaking,
Directives and Editing Branch, Division
of Administrative Services, Office of
Administration, U.S. Nuclear Regulatory
Commission, Washington, DC 20555–
0001, telephone 301–415–5661, e-mail
angella.love-blair@nrc.gov.
SUPPLEMENTARY INFORMATION:
mstockstill on PROD1PC66 with RULES
Background
The NRC is amending its regulations
at 10 CFR parts 1, 19, 20, 30, 40, 50, 52,
55, 60, 61, 63, 70, 71, 72, 73 and 76 to
update the street address for the NRC
Region IV office, and to update a
telephone number and e-mail address
for OIS. The physical location for the
NRC Region IV office has not changed;
the street address change is necessary
because of local road construction. This
rule also updates the internal addressee
for the NRC Region IV office due to
reorganization.
Because these amendments constitute
minor administrative corrections to the
regulations, the notice and comment
provisions of the Administrative
Procedure Act do not apply pursuant to
5 U.S.C. 553(b)(B). The amendments are
effective upon publication in the
Federal Register. Good cause exists
VerDate Aug<31>2005
17:40 May 27, 2008
under 5 U.S.C. 553(d) to dispense with
the usual 30-day delay in the effective
date of the final rule, because the
amendments are of a minor and
administrative nature dealing with
corrections to certain CFR sections.
These amendments do not require
action by any person or entity regulated
by the NRC, and the final rule does not
change the substantive responsibilities
of any person or entity regulated by the
NRC.
Jkt 214001
The street address of the NRC Region
IV office has been changed. The new
address is incorporated into the
following sections of the NRC’s
regulations: § 1.5(b)(4), Appendix D to
10 CFR part 20, § 30.6(b)(2)(iv),
§ 40.5(b)(2)(iv), § 55.5(b)(2)(iv),
§ 70.5(b)(2)(iv), and Appendix A to 10
CFR part 73.
Change in Internal Addressee for Region
IV, USNRC
Due to reorganization in the NRC
Region IV, the appropriate internal
addressee is the Division of Nuclear
Materials Safety. The new name is
incorporated into the following sections
of the NRC’s regulations: § 30.6(b)(2)(iv),
§ 40.5(b)(2)(iv), and § 70.5(b)(2)(iv).
Paperwork Reduction Act Statement
This final rule does not contain
information collection requirements
and, therefore, is not subject to the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.).
Public Protection Notification
The NRC may not conduct or sponsor,
and a person is not required to respond
to, a request for information or an
information collection requirement
unless the requesting document
displays a currently valid OMB control
number.
Backfit Analysis
The NRC has determined that the
backfit rule does not apply to this final
rule; therefore, a backfit analysis is not
required for this final rule because these
amendments are administrative in
nature and do not involve any
provisions that would impose backfits
as defined in 10 CFR Chapter I.
Congressional Review Act (CRA)
In accordance with the CRA of 1996,
the NRC has determined that this action
is not a major rule and has verified this
determination with the Office of
Information and Regulatory Affairs of
OMB.
List of Subjects
Change in OIS Telephone Number
The OIS telephone number for
requesting NRC forms has been
changed. The new telephone number is
incorporated into the following sections
of the NRC’s regulations: Appendix G to
10 CFR part 20, § 30.7(e)(3), § 40.7(e)(3),
§ 50.7(e)(2), § 55.23, § 55.31(a)(1),
§ 60.9(e)(2), § 61.9(e)(2), § 63.9(e)(2),
§ 70.7(e)(3), § 71.9(e)(2), § 72.10(e)(2),
§ 73.57(d)(1), and § 76.7(e)(3).
10 CFR Part 1
Organization and functions
(government agencies).
10 CFR Part 19
Criminal penalties, Environmental
protection, Nuclear materials, Nuclear
power plants and reactors, Occupational
safety and health, Radiation protection,
Reporting and recordkeeping
requirements, Sex discrimination.
Change in OIS E-mail Address
The OIS e-mail address for requesting
NRC forms has been changed. The new
e-mail address is incorporated into the
following sections of the NRC’s
regulations: § 19.11(e)(2), § 30.7(e)(3),
§ 40.7(e)(3), § 50.7(e)(2), § 52.5(e)(2),
§ 60.9(e)(2), § 61.9(e)(2), § 63.9(e)(2),
§ 70.7(e)(3), § 71.9(e)(2), § 72.10(e)(2),
§ 73.57(d)(1), and § 76.7(e)(3).
Environmental Impact: Categorical
Exclusion
The NRC has determined that this
final rule is the type of action described
in categorical exclusion 10 CFR
51.22(c)(2). Therefore, neither an
environmental impact statement nor an
environmental assessment has been
prepared for this rule.
PO 00000
Frm 00002
Fmt 4700
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10 CFR Part 20
Byproduct material, Criminal
penalties, Licensed material, Nuclear
materials, Nuclear power plants and
reactors, Occupational safety and
health, Packaging and containers,
Radiation protection, Reporting and
recordkeeping requirements, Source
material, Special nuclear material,
Waste treatment and disposal.
10 CFR Part 30
Byproduct material, Criminal
penalties, Government contracts,
Intergovernmental relations, Isotopes,
Nuclear materials, Radiation protection,
Reporting and recordkeeping
requirements.
10 CFR Part 40
Criminal penalties, Government
contracts, Hazardous materials
E:\FR\FM\28MYR1.SGM
28MYR1
]]>Agencies
[Federal Register Volume 73, Number 103 (Wednesday, May 28, 2008)]
[Rules and Regulations]
[Pages 30455-30456]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-11839]
========================================================================
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. 73, No. 103 / Wednesday, May 28, 2008 / Rules
and Regulations
[[Page 30455]]
OFFICE OF PERSONNEL MANAGEMENT
5 CFR Part 550
RIN 3206-AL52
Compensatory Time Off for Travel; Prevailing Rate (Wage)
Employees
AGENCY: U.S. Office of Personnel Management.
ACTION: Final Rule.
-----------------------------------------------------------------------
SUMMARY: The U.S. Office of Personnel Management is issuing final
regulations to implement a provision of the National Defense
Authorization Act for Fiscal Year 2008 permitting prevailing rate
(wage) employees to earn compensatory time off for time spent in a
travel status away from the official duty station when such time is not
otherwise compensable.
DATES: The regulations are effective May 28, 2008.
FOR FURTHER INFORMATION CONTACT: Gene Holson by telephone at (202) 606-
2858; by fax at (202) 606-0824; or by email at pay-performance-
policy@opm.gov.
SUPPLEMENTARY INFORMATION: The U.S. Office of Personnel Management
(OPM) is issuing final regulations to implement section 1111 of the
National Defense Authorization Act for Fiscal Year 2008 (Pub. L. 110-
181, January 28, 2008), hereafter referred to as ``the Act.'' Section
1111 of the Act amends subchapter V of chapter 55 of title 5, United
States Code, to cover prevailing rate (wage) employees under the
compensatory time off for travel provision in 5 U.S.C. 5550b. Subject
to the conditions specified in 5 U.S.C. 5550b and 5 CFR part 550,
subpart N, a covered employee is entitled to earn, on an hour-for-hour
basis, compensatory time off for time spent in a travel status away
from the employee's official duty station when the travel time is not
otherwise compensable.
Because the section of law authorizing compensatory time off for
travel is in 5 U.S.C. chapter 55, subchapter V, the provision applies
to an ``employee'' as defined in 5 U.S.C. 5541(2), who is employed in
an ``Executive agency,'' as defined in 5 U.S.C. 105. Prevailing rate
(wage) employees previously were excluded from the compensatory time
off for travel provision by 5 U.S.C. 5541(2)(xi). However, the Act
amends 5 U.S.C. 5541(2) and 5 U.S.C. 5550b to permit prevailing rate
(wage) employees to earn compensatory time off for travel under 5
U.S.C. 5550b and 5 CFR part 550, subpart N.
Effective Date
Section 1111(c) of the Act provides that the amendment takes effect
on the earlier of (1) the effective date of implementing regulations or
(2) the 90th day after the date of the law's enactment, which is April
27, 2008. These regulations are effective on April 27, 2008 and apply
prospectively from that date. Accordingly, we have revised Sec.
550.1402 to provide that prevailing rate (wage) employees are covered
by 5 CFR part 550, subpart N, effective April 27, 2008. Agencies must
credit prevailing rate (wage) employees who perform officially
authorized travel on or after the effective date with any compensatory
time off for travel to which they are entitled under the law and
regulations. If an employee is on an extended period of officially
authorized travel on the effective date, only the qualifying travel
hours occurring on or after the effective date are creditable for the
purpose of earning compensatory time off for travel.
Authority Citation
Subpart N of part 550 of title 5, Code of Federal Regulations,
previously did not include an authority citation. Therefore, we have
added 5 U.S.C. 5548(a) as the authority citation for 5 CFR part 550,
subpart N.
Waiver of Notice of Proposed Rulemaking
Pursuant to section 553(b)(B) of title 5 of the United States Code,
I find that good cause exists for waiving the general notice of
proposed rulemaking. Also, pursuant to 5 U.S.C. 553(d)(3), I find that
good cause exists for making this rule effective in less than 30 days.
These regulations implement a provision of Public Law 110-181 that
takes effect on the earlier of (1) the effective date of implementing
regulations or (2) the 90th day after the date of the law's enactment.
The statutory change is unambiguous and does not require
interpretation, since it simply extends coverage under a particular
provision of law to an additional category of employees. These
regulations merely incorporate the statutory change. Thus, a notice of
proposed rulemaking and a delayed effective date is unnecessary. This
waiver will facilitate timely implementation of the law as intended by
Congress.
E.O. 12866, Regulatory Review
The Office of Management and Budget has reviewed this rule in
accordance with E.O. 12866.
Regulatory Flexibility Act
I certify that these regulations will not have a significant
economic impact on a substantial number of small entities because they
will apply only to Federal agencies and employees.
List of Subjects in 5 CFR Part 550
Administrative practice and procedure, Claims, Government
employees, Wages.
U.S. Office of Personnel Management.
Linda M. Springer,
Director.
0
Accordingly, OPM is amending 5 CFR part 550 as follows:
PART 550--PAY ADMINISTRATION (GENERAL)
Subpart N--Compensatory Time Off for Travel
0
1. An authority citation for subpart N of part 550 is added to read as
follows:
Authority: 5 U.S.C. 5548(a).
0
2. Section 550.1402 is revised to read as follows:
Sec. 550.1402 Coverage.
This subpart applies to an employee as defined in 5 U.S.C. 5541(2)
who is employed by an agency. In accordance with section 1111 of Public
Law 110-181, an employee whose pay is fixed and adjusted from time to
time in accordance with prevailing rates under subchapter IV of chapter
53 of title 5,
[[Page 30456]]
United States Code, or by a wage board or similar administrative
authority serving the same purpose, is covered by this subpart
effective April 27, 2008.
[FR Doc. E8-11839 Filed 5-27-08; 8:45 am]
BILLING CODE 6325-39-P
