[Federal Register Volume 65, Number 40 (Tuesday, February 29, 2000)]
[Rules and Regulations]
[Pages 10674-10675]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-4689]


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OFFICE OF PERSONNEL MANAGEMENT

5 CFR Part 532

RIN 3206-AJ01


Prevailing Rate Systems; Abolishment of the Lebanon, PA, 
Nonappropriated Fund Wage Area

AGENCY: Office of Personnel Management.

ACTION: Interim rule with request for comments.

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SUMMARY: The Office of Personnel Management is issuing an interim rule 
that will abolish the Lebanon, PA, nonappropriated fund (NAF) Federal 
Wage System (FWS) wage area, redefine Lebanon County, PA, to the York, 
PA, NAF FWS wage area, and remove Columbia County, PA, as part of an 
NAF wage area. The abolishment of the Lebanon, PA, wage area is 
necessary because of the downsizing at the Lebanon, PA, wage area's 
host installation, Fort Indiantown Gap. This downsizing left the 
Department of Defense without an installation in the survey area 
capable of hosting local wage surveys in the wage area. In addition, 
there are no longer any NAF FWS employees stationed in Columbia County, 
PA.

DATES: Effective date: This interim rule is effective on February 29, 
2000. Applicability date: FWS employees remaining in Lebanon County, 
PA, will be transferred to the York, PA, NAF wage area schedule on the 
first day of the first applicable pay period beginning on or after 
March 2, 2000. Comments must be received by March 30, 2000.

ADDRESSES: Send or deliver comments to Donald J. Winstead, Assistant 
Director for Compensation Administration, Workforce Compensation and 
Performance Service, Office of Personnel Management, Room 7H31, 1900 E 
Street NW., Washington, DC 20415-8200, or FAX: (202) 606-4264.

FOR FURTHER INFORMATION CONTACT: Jennifer Hopkins by phone at (202) 
606-2848, by FAX at (202) 606-0824, or by email at [email protected].

SUPPLEMENTARY INFORMATION: The Lebanon, PA, nonappropriated fund (NAF) 
Federal Wage System (FWS) wage area is presently composed of one survey 
county, Lebanon County, and one area of application county, Columbia 
County, PA. Under section 532.219(b) of title 5, Code of Federal 
Regulations, NAF wage areas are established when there are a minimum of 
26 NAF wage employees in the survey area, the local activity has the 
capability to host annual local wage surveys, and there are within the 
survey area a minimum of 1,800 private enterprise employees in 
establishments within survey specifications. There are approximately 22 
NAF FWS employees stationed in Lebanon County. Downsizing at the 
Lebanon, PA, wage area's host activity, Fort Indiantown Gap, left the 
Department of Defense (DOD) without an activity in the survey area with 
the capability to conduct local NAF wage surveys in the wage area. DOD 
recommended that the Office of Personnel Management (OPM) abolish the 
Lebanon, PA, NAF wage area, redefine Lebanon County, PA, as an area of 
application county to the York, PA, NAF wage area, and remove Columbia 
County, PA, as part of an NAF wage area.
    Under section 5343(a)(1)(B)(i) of title 5, United States Code, NAF 
wage areas ``shall not extend beyond the immediate locality in which 
the particular prevailing rate employees are employed.'' There are no 
longer any NAF FWS employees stationed in Columbia County, PA. 
Therefore, Columbia County, PA, should not be defined as part of an NAF 
wage area. However, Lebanon County, PA, continues to have NAF FWS 
employment in the county and needs to be defined to an NAF wage area. 
Therefore, the York, PA, NAF wage area will be composed of one survey 
county, York County, PA, and one area of application county, Lebanon 
County, PA.
    When defining NAF wage areas, OPM evaluates several factors under 5 
CFR 532.219. OPM considers the following criteria when defining NAF 
wage area boundaries:
    (i) Proximity of largest activity in each county;
    (ii) Transportation facilities and commuting patterns; and
    (iii) Similarities of the counties in:
    (A) Overall population;
    (B) Private employment in major industry categories; and
    (C) Kinds and sizes of private industrial establishments.
    A review of these criteria produced mixed findings. The closest 
major Federal installation to Fort Indiantown Gap is the Defense 
Distribution Center in York, PA. Fort Indiantown Gap is approximately 
42 km (26 miles) from the Defense Distribution Center. Commuting 
patterns indicate that approximately 2 percent of the Lebanon County, 
PA, resident workforce commutes to Cumberland County, PA, while less 
than 1 percent commutes to York County, PA. Transportation

[[Page 10675]]

facilities consist of major Interstate and State highways and do not 
favor one county more than another. Also, a review of the similarities 
of the counties in terms of overall population, employment, and kinds 
and sizes of industrial establishments revealed that Lebanon County is 
most similar to Frederick County, MD.
    Based on an analysis of these regulatory criteria, OPM finds that 
Lebanon County should be defined to the York, PA, NAF wage area. OPM 
proposes to abolish the Lebanon, PA, NAF FWS wage area, redefine 
Lebanon County as an area of application county to the York, PA, NAF 
FWS wage area, and remove Columbia County, PA, as part of an NAF wage 
area. FWS employees remaining in Lebanon County will be transferred to 
the York, PA, wage area schedule on the first day of the first 
applicable pay period beginning on or after March 2, 2000. The Federal 
Prevailing Rate Advisory Committee, the national labor-management 
committee responsible for advising OPM on matters concerning the pay of 
FWS employees, has reviewed and concurred by consensus with these 
changes.

Waiver of Notice of Proposed Rulemaking

    Pursuant to section 553(b)(3)(B) of title 5, 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. The 
notice is being waived and the regulation is being made effective in 
less than 30 days because of the need to transfer the remaining NAF FWS 
employees in Lebanon County to a continuing wage area as soon as 
possible.

Regulatory Flexibility Act

    I certify that this regulation will not have a significant economic 
impact on a substantial number of small entities because it will affect 
only Federal agencies and employees.

List of Subjects in 5 CFR Part 532

    Administrative practice and procedure, Freedom of information, 
Government employees, Reporting and recordkeeping requirements, Wages.

U.S. Office of Personnel Management.
Janice R. Lachance,
Director.
    Accordingly, the Office of Personnel Management proposes to amend 5 
CFR part 532 as follows:

PART 532--PREVAILING RATE SYSTEMS

    1. The authority citation for part 532 continues to read as 
follows:

    Authority: 5 U.S.C. 5343, 5346; Sec. 532.707 also issued under 5 
U.S.C. 552.


    2. Appendix B to subpart B of part 532 is amended for the State of 
Pennsylvania by removing the entry for ``Lebanon''.

    3. Appendix D to subpart B is amended by removing the wage area 
listing for Lebanon, Pennsylvania, and revising the wage area listing 
for York, Pennsylvania, to read as follows:

Appendix D to Subpart B of Part 532--Nonappropriated Fund Wage and 
Survey Areas

                  *        *        *        *        *
                              PENNSYLVANIA
 
                  *        *        *        *        *
                                  YORK
 
                               Survey Area
 
Pennsylvania: York
 
                 Area of Application. Survey area plus:
 
Pennsylvania: Lebanon
 

[FR Doc. 00-4689 Filed 2-28-00; 8:45 am]
BILLING CODE 6325-01-P