[Federal Register Volume 68, Number 8 (Monday, January 13, 2003)]
[Rules and Regulations]
[Page 1515]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-400]



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  Federal Register / Vol. 68, No. 8 / Monday, January 13, 2003 / Rules 
and Regulations  

[[Page 1515]]



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: Final rule.

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SUMMARY: The Office of Personnel Management is issuing a final rule 
that abolishes the Alameda-Contra Costa, CA, nonappropriated fund (NAF) 
Federal Wage System wage area and establishes a new Santa Clara, CA, 
NAF wage area. This change was necessary because the closure of the 
Army and Air Force Exchange Service Distribution Center in Oakland left 
the Alameda-Contra Costa wage area without a host activity to conduct a 
local wage survey. Full-scale surveys for the Santa Clara wage area 
will be conducted in September of each even-numbered fiscal year.

DATES: Effective Date: This regulation is effective on February 12, 
2003.

FOR FURTHER INFORMATION CONTACT: Chenty I. Carpenter, (202) 606-2838; 
FAX: (202) 606-0824; or e-mail [email protected].

SUPPLEMENTARY INFORMATION: On July 17, 2002, the Office of Personnel 
Management (OPM) published an interim rule (67 FR 46839) that abolished 
the Alameda-Contra Costa, CA, nonappropriated fund (NAF) Federal Wage 
System (FWS) wage area and established a new Santa Clara, CA, NAF wage 
area. The interim rule had a 30-day public comment period, during which 
OPM received no comments. The change was necessary because the closure 
of the Army and Air Force Exchange Service Distribution Center in 
Oakland left the Alameda-Contra Costa wage area without a host activity 
to conduct a local wage survey. The new Santa Clara NAF wage area will 
now 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 was conducted in September 2002.
    Under 5 U.S.C. 5343(a), NAF FWS wage area boundaries may not extend 
beyond the immediate locality where NAF employees work. OPM may 
establish an NAF wage area under 5 CFR 532.219 when a minimum of 26 NAF 
wage employees are employed in a survey area and sufficient private 
employment exists within the survey area to provide adequate data for 
establishing an NAF wage schedule. Santa Clara County meets the 
regulatory criteria to be a separate NAF wage area, and the Department 
of Defense recommended that Santa Clara County be redefined as the sole 
survey county for the new FWS NAF wage area, and that Alameda, Contra 
Costa, and San Mateo Counties be defined as areas of application 
counties.
    OPM regulations at 5 CFR 532.219 require a minimum of 1,800 private 
enterprise employees in establishments within the scope of a NAF survey 
in order to establish a separate wage area within the survey 
specifications. Because Alameda, Contra Costa, and San Mateo Counties 
will have continuing NAF employment and do not meet the regulatory 
criteria in 5 CFR 532.219 to be separate survey areas, they must be 
considered areas of application to Santa Clara County. The Department 
of Defense conducted a full scale survey in Santa Clara County in 
September 2002. The Federal Prevailing Rate Advisory Committee, the 
national labor-management committee that advises OPM on FWS pay 
matters, recommended these changes by consensus.

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 
(67 FR 46839) amending 5 CFR part 532 published on July 17, 2002, is 
adopted as final with no changes.

U.S. Office of Personnel Management.
Kay Coles James,
Director.
[FR Doc. 03-400 Filed 1-10-03; 8:45 am]
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