[Federal Register Volume 67, Number 137 (Wednesday, July 17, 2002)]
[Rules and Regulations]
[Pages 46839-46840]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-17900]



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  Federal Register / Vol. 67, No. 137 / Wednesday, July 17, 2002 / 
Rules and Regulations  

[[Page 46839]]



OFFICE OF PERSONNEL MANAGEMENT

5 CFR Part 532

RIN 3206-AJ61


Prevailing Rate Systems; Definition of Santa Clara, CA, 
Nonappropriated Fund Wage Area

AGENCY: Office of Personnel Management.

ACTION: Interim rule.

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SUMMARY: The Office of Personnel Management is issuing an interim rule 
that will abolish the Alameda-Contra Costa, CA, nonappropriated fund 
(NAF) Federal Wage System wage area and establish a new Santa Clara, 
CA, NAF wage area. This change is necessary because the closure of the 
Army and Air Force Exchange Service Distribution Center in Oakland will 
leave the Alameda-Contra Costa wage area without a host activity to 
conduct a local wage survey. A full-scale survey for the Santa Clara 
wage area will be conducted in September 2002.

DATES: This interim rule is effective on August 16, 2002. The Office of 
Personnel Management must receive comments by August 16, 2002.

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: Chenty I. Carpenter, (202) 606-2848; 
FAX: (202) 606-0824; or e-mail [email protected].

SUPPLEMENTARY INFORMATION: The Department of Defense (DOD) requests 
that the Office of Personnel Management (OPM) abolish the present 
Alameda-Contra Costa, CA, nonappropriated fund (NAF) Federal Wage 
System (FWS) wage area and establish a new Santa Clara, CA, NAF wage 
area. This change is necessary because the closure of the Army and Air 
Force Exchange Service Distribution Center in Oakland will leave the 
Alameda-Contra Costa wage area without a host activity to conduct a 
local wage survey. The Santa Clara NAF wage area will consist of Santa 
Clara County as the survey area. The area of application for the Santa 
Clara, CA, wage area will include Alameda, Contra Costa, and San Mateo 
Counties. A full-scale survey for the Santa Clara wage area will be 
conducted in September 2002.
    The Alameda-Contra Costa NAF wage area is presently composed of two 
survey area counties, Alameda and Contra Costa Counties, and two area 
of application counties, San Mateo and Santa Clara Counties. The 
Department of Defense recommended that Santa Clara County be redefined 
as the sole survey county and that Alameda, Contra Costa, and San Mateo 
Counties be defined as area of application counties. Santa Clara County 
meets the minimum regulatory requirements to be an NAF survey area. 
There are about 90 FWS NAF employees working in Santa Clara County, and 
Moffett Federal Airfield has the capability to conduct a local wage 
survey. Santa Clara also meets the regulatory requirement of having a 
minimum of 1,800 private enterprise employees in establishments within 
the survey specifications. Since Alameda, Contra Costa, and San Mateo 
Counties will have continuing NAF employment and do not meet the 
regulatory criteria under 5 CFR 532.219 to be separate survey areas, 
they must be areas of application. In defining counties as area of 
application counties, OPM considers the proximity of the largest 
activity in each county to the survey area; transportation facilities 
and commuting patterns; and similarities in overall population, private 
employment in the major industry categories, and the kinds and sizes of 
private industrial establishments.
    The Federal Prevailing Rate Advisory Committee, the national labor-
management committee responsible for advising OPM on matters concerning 
the pay of FWS employees, recommended by consensus the abolishment of 
the present Alameda-Contra Costa wage area and the establishment of a 
new Santa Clara wage area.

Waiver of Notice of Proposed Rulemaking and Delayed Effective Date

    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. The notice is being waived because it is necessary to 
abolish the present Alameda-Contra Costa wage area and establish the 
new Santa Clara wage area as soon as possible to allow DOD time to 
prepare for the Santa Clara full-scale survey that will be conducted in 
September 2002.

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.
Kay Coles James,
Director.

    Accordingly, the Office of Personnel Management is amending 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.

Appendix B to Subpart B of Part 532--Nationwide Schedule of 
Nonappropriated Fund Regular Wage Surveys [Amended]

    2. Appendix B to subpart B is amended by removing, under the State 
of California, ``Alameda-Contra Costa,'' and adding, under the State of 
California, after Santa Barbara, ``Santa Clara,'' under the wage area 
listing with the beginning month as ``September,'' and the fiscal year 
of full-scale survey as ``Even.''

[[Page 46840]]

Appendix D to Subpart B of Part 532 [Amended]

    3. Appendix D to subpart B is amended for the State of California 
by removing the two occurrences of ``Alameda-Contra Costa'' from the 
area of application, and adding ``Santa Clara'' as a new 
nonappropriated fund wage area after ``Santa Barbara'' to read as 
follows:
* * * * *

SANTA CLARA

Survey area

California:
    Santa Clara

Area of application. Survey area plus:

California:
    Alameda
    Contra Costa
    San Mateo
* * * * *
[FR Doc. 02-17900 Filed 7-16-02; 8:45 am]
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