[Federal Register: May 28, 2008 (Volume 73, Number 103)]
[Rules and Regulations]
[Page 30455-30456]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28my08-1]
========================================================================
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.
========================================================================
[[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