---
kind: "section"
citation: "5 C.F.R. § 550.183"
title: "5"
number: "550.183"
heading: "Substantial hours requirement."
url: "https://uscodex.org/cfr/5/550.183"
---

# §550.183. Substantial hours requirement.

- (a) A criminal investigator shall be eligible for availability pay only if the annual average number of hours of unscheduled duty per regular workday is 2 hours or more, as certified in accordance with [§ 550.184](/cfr/5/550.184.md). This average is computed by dividing the total unscheduled duty hours for the annual period (numerator) by the number of regular workdays (denominator).
- (b) For the purpose of this section, regular workday means each day in the criminal investigator's basic workweek during which the investigator works at least 4 hours, excluding—
  - (1) Overtime hours compensated under [5 U.S.C. 5542](/usc/5/5542.md) and [§ 550.111](/cfr/5/550.111.md);
  - (2) Unscheduled duty hours compensated by availability pay under [5 U.S.C. 5545a](/usc/5/5545a.md) and this subpart; and
  - (3) Hours during which an investigator is engaged in agency-approved training, is traveling under official travel orders, is on approved leave, or is on excused absence with pay (including paid holidays).
- (c) In computing average hours under [paragraph (a)](#a) of this section, the total unscheduled duty hours in the numerator shall include—
  - (1) Any unscheduled duty hours on a regular workday; and
  - (2) **Any unscheduled duty hours actually worked by an investigator on days that are not regular workdays.**

## Notes

### Amendments

[59 FR 66151, Dec. 23, 1994]

### Authority

Authority: 5 U.S.C. 5304 note, 5305 note, 5504(d), 5541(2)(iv), 5545a(h)(2)(B) and (i), 5547(b) and (c), 5548, and 6101(c); sections 407 and 2316, Pub. L. 105-277, 112 Stat. 2681-101 and 2681-828 (5 U.S.C. 5545a); section 2(h), Pub. L. 113-277, 128 Stat. 3005; E.O. 12748, 3 CFR, 1992 Comp., p. 316.

### Source

Source: 33 FR 12458, Sept. 4, 1968, unless otherwise noted.

### Amendments

[59 FR 66151, Dec. 23, 1994]