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B-189645 1 (1977-12-21)

handle is hein.gao/gaobadfjv0001 and id is 1 raw text is: (YIP. to N Ye' Vt a , TMs COMPTROLLER ONERAL C DECISION . t OF THE UNITED ETATER WASHINGTON. 0. 0. Q0541B N.IT FILE: B-189645 DATE: December 21, 197 MATTER OF: Immigration and Naturalization Service Pilots-Hazardous Duty Pay DIGEST: Pilots performed about 4 hours of low level, low speed flight duty with responsibility for making patrols, each workday. Although such hazard is zecognized in GS-12 position classification, it is not a factor in clasbifica- tion of GS-9 and GS-11 positions. GS-9 and GS-11 pilots who perform such duty on regular and recurring basis may not be paid hazardous duty differential since 5 U.S.C. S 5545(d) permits payment of differential only for irregular or intermittent exposure to hazard. By a letter dated July 15, 1977, Mr. Stanley E. McKinley, Associate Commissioner for Management of the Immigration and Naturalization Service (I&NS), Department of Justice, requested our decision concerning the propriety of paying a hazardous duty differential to certain air- plane and helicopter pilots employed by that agency. Mr. McKinley states that I&NS employs pilots at grade levels GS-9, GS-11, and GS-12, drawing its recruits at the GS-9 level from the ranks of its trained and experienced Border Patrol Agents. These pilots perform flight opera- tions for about 4 hours each workday at altitudes below 200 feet over barren country at speeds just above the stall speed of the aircraft. The purpose of these flights is to spot and iollow the tracks of smugglers and other persons crossing the border illegally. Under classification standards promulgatei by the Civil Service Commission, pilots -f airplanes and heli- copters are placed in the GS-2181 series. In classifying the series into grade levels, the degree of hazard in- volved in the assignment constitutes one of the three classification criteria. The specific hazard of low LL r , N I

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