[Federal Register: January 30, 2003 (Volume 68, Number 20)]
[Rules and Regulations]
[Page 4681]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30ja03-1]
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Rules and Regulations
Federal Register
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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
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[[Page 4681]]
OFFICE OF PERSONNEL MANAGEMENT
5 CFR Part 550
RIN 3206-AJ57
Administratively Uncontrollable Overtime Pay
AGENCY: Office of Personnel Management.
ACTION: Final rule.
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SUMMARY: The Office of Personnel Management is issuing final
regulations concerning the rules governing payment of administratively
uncontrollable overtime (AUO) pay. AUO is a form of premium pay paid to
employees in positions in which the hours of duty cannot be controlled
administratively and which require substantial amounts of irregular or
occasional overtime work. This final rule permits agencies to pay AUO
pay to an employee during a temporary assignment that would not
otherwise warrant the payment of AUO pay, if the temporary assignment
is directly related to a national emergency declared by the President.
In determining the average hours used in computing future AUO payments,
this final rule also excludes from consideration the time period for
which AUO pay is paid during a temporary assignment.
DATES: March 3, 2003.
FOR FURTHER INFORMATION CONTACT: Kevin Kitchelt, (202) 606-2858; FAX:
(202) 606-0824; e-mail: payleave@opm.gov.
SUPPLEMENTARY INFORMATION: On February 13, 2002, the Office of
Personnel Management issued interim regulations (67 FR 6640) to permit
agencies to pay AUO pay to an employee during a temporary assignment
that would not otherwise warrant the payment of AUO pay, if the
temporary assignment is directly related to a national emergency. We
proposed that an agency should be permitted to continue to pay AUO pay
for a period of not more than 30 consecutive workdays for such a
temporary assignment and for a total of not more than 90 workdays in a
calendar year while on such a temporary assignment. The 90-day comment
period ended on April 15, 2002. We received comments from two Federal
agencies and an employee association.
One agency suggested that the phrase ``declared by the President''
be added to the regulation at 5 CFR 550.162(g), which states that an
agency may continue to pay AUO pay during a temporary assignment that
would not otherwise warrant AUO pay, if the temporary assignment is
directly related to a national emergency. We agree and have added the
phrase ``declared by the President'' to 5 CFR 550.162(g).
Another agency requested that we explain the relationship between
the existing 60-workday annual limitation for temporary assignments in
the last paragraph of 5 CFR 550.162(c) and the new 90-workday annual
limitation for temporary assignments directly related to a national
emergency in 5 CFR 550.162(g). The new 90-workday annual limitation is
separate from the 60-workday limitation provided in 5 CFR 550.162(c).
Therefore, 150 workdays is the theoretical maximum number of workdays
in a calendar year during which an agency may continue to pay AUO pay
for temporary assignments provided the conditions in both 5 CFR
550.162(c) and (g) are met.
The employee association provided several comments on issues that
are outside the scope of the interim regulations. We are not addressing
these issues in these regulations.
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. Office of Personnel Management.
Kay Coles James,
Director.
Accordingly, OPM is adopting the interim regulations amending 5 CFR
part 550, published at 67 FR 6640 on February 13, 2002, as final with
the following changes:
PART 550--PAY ADMINISTRATION (GENERAL)
Subpart A--Premium Pay
1. The authority citation for part 550, subpart A, continues to
read as follows:
Authority: 5 U.S.C. 5304 note, 5305 note, 5541(2)(iv),
5545a(h)(2)(B) and (i), 5548, and 6101(c); sections 407 and 2316,
Pub. L. 105-277, 112 Stat. 2681-101 and 2681-828 (5 U.S.C. 5545a);
E.O. 12748, 3 CFR, 1992 Comp., p. 316.
2. In Sec. 550.162, paragraph (g) is revised to read as follows:
Sec. 550.162 Payment provisions.
* * * * *
(g) Notwithstanding paragraph (c)(1) of this section, an agency may
continue to pay premium pay under Sec. 550.151 to an employee during a
temporary assignment that would not otherwise warrant the payment of
AUO pay, if the temporary assignment is directly related to a national
emergency declared by the President. An agency may continue to pay
premium pay under Sec. 550.151 for not more than 30 consecutive
workdays for such a temporary assignment and for a total of not more
than 90 workdays in a calendar year while on such a temporary
assignment.
[FR Doc. 03-2192 Filed 1-29-03; 8:45 am]
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