[Code of Federal Regulations]
[Title 5, Volume 1]
[Revised as of January 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR550.161]

[Page 507-508]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
                CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT
 
PART 550--PAY ADMINISTRATION (GENERAL)--Table of Contents
 
                         Subpart A--Premium Pay
 
Sec. 550.161  Responsibilities of the agencies.

    The head of each agency, or an official who has been delegated 
authority to act for the head of an agency in the matter concerned, is 
responsible for:
    (a) Fixing tours of duty; ordering employees to remain at their 
stations in a standby status; and placing responsibility on employees 
for remaining on duty when required by circumstances.
    (b) Determining, in accordance with section 5545(c) of title 5, 
United States Code, and this subpart, which employees shall receive 
premium pay on an annual basis under Sec. 550.141 or Sec. 550.151. These 
determinations may not be retroactive.
    (c) Determining the number of hours of actual work to be customarily 
required in positions involving longer than ordinary periods of duty, a 
substantial part of which consists of standby duty. This determination 
shall be based on consideration of the time required by regular, 
repetitive operations, available records of the time required in the 
past by other activities, and any other information bearing on the 
number of hours of actual work which may reasonably be expected to be 
required in the future.
    (d) Determining the number of hours of irregular or occasional 
overtime work to be customarily required in positions which require 
substantial amounts of irregular or occasional

[[Page 508]]

overtime work with the employee generally being responsible for 
recognizing, without supervision, circumstances which require him to 
remain on duty. This determination shall be based on consideration of 
available records of the hours of irregular or occasional overtime work 
required in the past, and any other information bearing on the number of 
hours of duty which may reasonably be expected to be required in the 
future.
    (e) Determining the rate of premium pay fixed by OPM under 
Sec. 550.144 or Sec. 550.154 which is applicable to each employee paid 
under Sec. 550.141 or Sec. 550.151; or, if no rate fixed under 
Sec. 550.144 or Sec. 550.154 is considered applicable, proposing a rate 
of premium pay on an annual basis to OPM.
    (f) Reviewing determinations under paragraphs (b), (c), (d) and (e) 
of this section at appropriate intervals, and discontinuing payments or 
revising rates of premium pay on an annual basis in each instance when 
that action is necessary to meet the requirements of section 5545(c) of 
title 5, United States Code, and this subpart.

[33 FR 12458, Sept. 4, 1968, as amended at 35 FR 6311, Apr. 18, 1970]