[Federal Register: February 24, 2005 (Volume 70, Number 36)]
[Notices]
[Page 9204-9205]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24fe05-142]
[[Page 9204]]
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DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency
[DHS-2004-0010]
RIN 1660-ZA09
Maximum Pay Rate Table, National Urban Search and Rescue Response
System (US&R)
AGENCY: Federal Emergency Management Agency (FEMA), Emergency
Preparedness and Response Directorate (EP&R), Department of Homeland
Security (DHS).
ACTION: Notice of Maximum Pay Rate Table, National Urban Search and
Rescue Response System, with request for comments.
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SUMMARY: The Department of Homeland Security is publishing this
proposed Maximum Pay Rate Table (Table) in conjunction with its interim
rule for National Urban Search and Rescue Response (US&R) System, which
is also being published in this edition of the Federal Register. The
interim rule standardizes the financing, administration and operation
of the US&R System, and standardizes the relationships between DHS and
``Sponsoring Agencies'' of the US&R System--those State or local
government agencies that agree to organize and administer a US&R Task
Force. This notice seeks comment on the proposed Table, which
establishes the maximum rates that DHS will pay for US&R Task Force
physicians, engineers and canine handlers as ``Affiliated Personnel''
or for backfill positions for activated US&R System Members employed by
or otherwise associated with a for-profit ``Participating Agency.''
DATES: Please submit written comments on or before April 11, 2005.
ADDRESSES: Mail: When submitting comments by mail, please send the
comments to the Rules Docket Clerk, Office of the General Counsel,
Federal Emergency Management Agency, 500 C Street, SW., Room 840,
Washington, DC 20472. To ensure proper handling, please reference RIN
1660-ZA09 and Docket No. DHS-2004-0010 on your correspondence. This
mailing address may also be used for submitting comments on paper,
disk, or CD-ROM.
Hand Delivery/Courier: The address for submitting comments by hand
delivery or courier is the same as that for submitting comments by
mail.
Viewing comments: You may view comments and background material at:
http://www.epa.gov/feddocket. You may also inspect comments in person
at the Office of the General Counsel, Federal Emergency Management
Agency, 500 C Street, SW., Room 840, Washington, DC 20472.
FOR FURTHER INFORMATION CONTACT: Michael Tamillow, Federal Emergency
Management Agency, Emergency Preparedness and Response Directorate,
Department of Homeland Security, 500 C Street, SW., Room 326,
Washington, DC 20472, (202) 646-2549, or (e-mail)
mike.tamillow@dhs.gov.
SUPPLEMENTARY INFORMATION:
Background
The Federal Emergency Management Agency (FEMA) published a proposed
rule, National Urban Search and Rescue Response (US&R) System, on
December 18, 2002, 67 FR 77627--77640. The rule standardizes the
financing, administration and operation of the US&R System, an
emergency response program that locates, extricates and provides
initial medical aid to victims trapped in collapsed structures and
victims of weapons of mass destruction events, and other assigned
tasks. The rule also standardizes the relationships between DHS and
``Sponsoring Agencies'' of the US&R System--those State or local
government agencies that have signed a memorandum of agreement with DHS
to organize and administer a US&R Task Force. On March 1, 2003, FEMA
became a part of the Emergency Preparedness and Response Directorate,
Department of Homeland Security (DHS). The US&R System is now a program
in FEMA under the EP&R Directorate.
The Department of Homeland Security is publishing this proposed
Maximum Pay Rate Table (Table) in conjunction with its interim rule for
National Urban Search and Rescue Response (US&R) System (RIN 1660-
AA07), which can be found elsewhere in this issue of the Federal
Register. When FEMA published the proposed rule for the National Urban
Search and Rescue Response System the Maximum Pay Rate Table was still
being prepared and was unavailable for public comment. The Table
establishes the maximum rates that DHS will pay for US&R Task Force
physicians, engineers and canine handlers as ``Affiliated Personnel''
or backfill for activated US&R System Members employed by or otherwise
associated with a for-profit ``Participating Agency.'' As there was no
formal opportunity for public comment earlier, DHS now requests
comments on the Table. DHS will review and evaluate all comments that
it receives, and will incorporate any changes that it approves in the
final rule for the US&R System.
Section 208.12 of the interim rule for the US&R System establishes
the process for creating and updating the Table, and the procedures for
using the Table to reimburse ``Affiliated Personnel,'' individuals not
normally employed by a ``Sponsoring Agency'' or ``Participating
Agency'' as US&R System Members, and ``Backfill'' for Activated US&R
``System Members'' employed by or associated with for-profit
``Participating Agencies.'' DHS expects to review and evaluate the
Table periodically, and will publish any adjustments to the Table as
Notices in the Federal Register.
The Maximum Pay Rate Table sets maximum rates that DHS will
reimburse the ``Sponsoring Agency'' for compensation paid to
``Affiliated Personnel'' while activated for a US&R emergency, and for
backfill for activated ``System Members'' from for-profit
``Participating Agencies.'' ``Participating Agencies'' include not-for-
profit and for-profit organizations that have executed an agreement
with a ``Sponsoring Agency'' to participate in the US&R System by
making certain personnel available during a US&R emergency. The
``Sponsoring Agency'' or ``Participating Agency'' may choose to
compensate these individuals at a higher rate, but DHS will not
reimburse the increment above the maximum rate specified in the Maximum
Pay Rate Table.
Similarly, the ``Sponsoring Agency'' may choose to enter into a
Participating Agency agreement with an individual's employer, rather
than use the individual as an ``Affiliated Personnel,'' in which case
the Maximum Pay Rate Table would not apply. Consequently, only a
``Sponsoring Agency's'' choice to exceed the maximum rates set forth in
the Maximum Pay Rate Table would result in an uncompensated
expenditure, and the Table would not violate the principle of cost
neutrality.
Maximum Pay Rate Table
US&R Task Force physicians, engineers and canine search specialists
will be paid using the following rates:
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Task Force Physician........... GS-15 Step 5...... $51.84/hour plus locality adjustment.
Task Force Engineer............ GS-15 Step 5...... $46.39/hour plus locality adjustment.
[[Page 9205]]
Canine Handler................. GS-12 Step 5...... $28.06/hour plus locality adjustment.
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DHS derived these pay scales by using the annual salary from the
2003 Special Salary Rate Tables Medical Officers 0290 and the Salary
Table 2003 GS. Annual rates were then divided by 2080 hours, the number
of work-hours per year based on a 40-hour workweek. These pay rate
tables can be found at: http://www.opm.gov/oca/03tables/SSR/HTML/0290.asp and http://www.opm.gov/oca/03tables/html/gs.asp.
Locality Pay Areas
There are 32 locality pay areas (including the ``Rest of U.S.''
area). Unless otherwise noted, all of the components are counties.
Locality Pay Areas are found at: http://www.opm.gov/oca/03tables/locdef.asp
.
Rationale for the Selection of These Maximum Pay Rate Table Rates
After the September 11, 2001 US&R deployment, DHS reviewed the
claims and reimbursement process for compensating professionals
participating in US&R emergencies, which revealed a wide range of
salaries and reimbursement mechanisms for compensating US&R Task Force
physicians, engineers and canine handlers. The lack of uniformity led
to confusion in the reimbursement process and highlighted the need for
a standardized payment schedule for selected System Members. This
proposed maximum pay rate table adds the standardization and
credibility necessary to continue the life saving US&R program.
The United States Office of Personnel Management (OPM) sets the
hourly and biweekly salary rates for General Schedule (government)
employees. 5 U.S.C. 5504. To ensure an equitable and reasonable maximum
pay rate standard, DHS is relying upon OPM's salary rates as the
cornerstone of its pay rate schedule for US&R System Members. Taking
System Members' experience into consideration, DHS set maximum pay
rates at the maximum grade, middle step for each position, which
demonstrates an experience level of five years.
OPM publishes salary schedules for each calendar year.\1\ Because
the Federal government employs physicians, DHS used the 2003 Special
Salary Rate Table for Medical Officers (Clinical) Worldwide in
developing this maximum pay rate matrix for Task Force Physicians. DHS
initially averaged engineers' and canine handlers' salaries using the
data gathered during the September 11, 2001 deployment reimbursement
process. The DHS review of that salary information revealed a close
correlation to the OPM's 2003 General Schedule pay scale for both
positions. In addition, DHS compared canine handlers' salaries to
rescue specialists and further compared them to the General Schedule
pay scale to ensure parity with like specialties on a task force.
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\1\ In some years, the applicable pay schedule may be from a
previous year. For instance, OPM did not change its pay rates for
calendar year 2004, and the 2003 schedules applied during 2004.
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Relation of Maximum Pay Rate Table to the Interim Rule for US&R System
Section 208.12 of the interim rule for US&R System establishes how
DHS will create, update and use the Table to reimburse ``Affiliated
Personnel'' and ``Backfill'' for ``Activated System Members.'' The
Table applies only to US&R Task Force Physicians, US&R Task Force
Engineers and Canine Handlers. DHS will publish the initial Maximum Pay
Rate Table and subsequent revisions to the Table in the Federal
Register.
Previous Comments on Maximum Pay Rate Table
Several ``Sponsoring Agencies'' commenting on the previously
published proposed rule for US&R Systems expressed concern that highly
trained civilians such as physicians, structural engineers and canine
handlers are typically Affiliated Personnel, and reimbursement for
backfill expenses is important to secure the participation of these
individuals in the System. The comments argued that a restriction on
backfill costs for Affiliated Personnel could limit the ability of
Sponsoring Agencies to recruit and retain these highly trained
civilians.
The commenters are essentially correct in that the way that DHS
reimburses Affiliated Personnel for backfill costs is normally through
Sponsoring Agencies to Participating Agencies. DHS only has a direct
relationship with Sponsoring Agencies, and does not have direct
relationships with Participating Agencies or Affiliated Personnel. If
reimbursement for backfill expenses is a problem for Affiliated
Personnel, DHS encourages them to have their employers or professional
association seek Participating Agency status. Note that compensation
costs, for the purposes of reimbursement and backfill, refer to the
System Member's actual compensation, or the compensation of the
individual who backfills a position (which includes salary and
benefits, as described in Sec. Sec. 208.39 and 208.40 of the interim
rule for US&R System), rather than billable or other rates that might
be charged for services rendered to commercial clients or patients.
Request for New Comments
Accordingly, DHS asks for written comments on the Maximum Pay Rate
Table.
Dated: February 3, 2005.
Michael D. Brown,
Under Secretary, Emergency Preparedness and Response, Department of
Homeland Security.
[FR Doc. 05-3189 Filed 2-23-05; 8:45 am]
BILLING CODE 9110-69-P