[Federal Register Volume 65, Number 94 (Monday, May 15, 2000)]
[Rules and Regulations]
[Page 30831]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-12055]



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  Federal Register / Vol. 65, No. 94 / Monday, May 15, 2000 / Rules and 
Regulations  

[[Page 30831]]



OFFICE OF PERSONNEL MANAGEMENT

5 CFR Part 532

RIN 3206-AI97


Prevailing Rate Systems; Abolishment of the Washington, MD, 
Nonappropriated Fund Wage Area

AGENCY: Office of Personnel Management.

ACTION: Final rule.

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SUMMARY: The Office of Personnel Management is issuing a final rule to 
abolish the Washington, Maryland, nonappropriated fund (NAF) Federal 
Wage System (FWS) wage area and establish a new Frederick, MD, NAF FWS 
wage area. This change is necessary because the Washington wage area's 
host installation, Fort Ritchie, is closing. This leaves the Department 
of Defense without an installation in the survey area capable of 
hosting annual local wage surveys.

DATES: The interim rule became effective on December 31, 1999. The 
interim rule is confirmed as final on May 15, 2000.

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: On December 27, 1999, the Office of 
Personnel Management (OPM) published an interim rule (64 FR 72249) to 
abolish the Washington, Maryland, nonappropriated fund (NAF) Federal 
Wage System (FWS) wage area and establish a new Frederick, MD, NAF FWS 
wage area. Under section 5343 of title 5, United States Code, OPM is 
responsible for defining FWS wage areas. For this purpose, we follow 
the regulatory criteria in section 532.219(b) of title 5, Code of 
Federal Regulations.
    The Washington wage area is presently composed of one survey 
county, Washington County, and two area of application counties, 
Frederick County, MD, and Berkeley County, WV. The closure of the 
Washington wage area's host activity, Fort Ritchie, left the Department 
of Defense (DOD) without an activity in the survey area capable of 
conducting annual local NAF wage surveys. Fort Ritchie ceased 
operations on October 1, 1998, and NAF FWS employees no longer work in 
Washington County. However, the area of application counties, Frederick 
and Berkeley, continue to have NAF FWS employment. 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.'' Therefore, Washington County 
cannot be defined as part of an NAF wage area.
    Frederick County, MD, has approximately 36 NAF FWS employees and a 
local Federal installation, Fort Detrick, has the capability to host 
annual local NAF wage surveys. Furthermore, Frederick County has more 
than the required minimum number of private enterprise employees in 
establishments within survey specifications. Approximately 10 NAF FWS 
employees work in Berkeley County, WV, which does not meet the criteria 
to be a separate NAF wage area. Therefore, the county must be an area 
of application. The new Frederick, MD, NAF wage area will have one 
survey county, Frederick County, MD, and one area of application 
county, Berkeley County, WV. DOD will order annual wage surveys in 
January of each even fiscal year. DOD ordered the first full-scale wage 
survey for the Frederick wage area in January 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 
this change. The interim rule had a 30-day public comment period, 
during which OPM did not receive any comments.

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.


    Accordingly, under the authority of 5 U.S.C. 5343, the interim rule 
(64 FR 72249) amending 5 CFR part 532 published on December 27, 1999, 
is adopted as final with no changes.

Office of Personnel Management.
Janice R. Lachance,
Director.
[FR Doc. 00-12055 Filed 5-12-00; 8:45 am]
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