[Federal Register Volume 68, Number 220 (Friday, November 14, 2003)]
[Rules and Regulations]
[Pages 64493-64494]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-28466]



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  Federal Register / Vol. 68, No. 220 / Friday, November 14, 2003 / 
Rules and Regulations  

[[Page 64493]]



OFFICE OF PERSONNEL MANAGEMENT

5 CFR Part 532

RIN 3206-AK26


Prevailing Rate Systems; Redefinition of the San Francisco, CA, 
Nonappropriated Fund Wage Area

AGENCY: Office of Personnel Management.

ACTION: Interim rule with request for comments.

-----------------------------------------------------------------------

SUMMARY: The Office of Personnel Management is issuing an interim 
regulation to abolish the San Francisco, CA, Nonappropriated Fund (NAF) 
Federal Wage System (FWS) wage area. This regulation redefines San 
Francisco County to the Santa Clara, CA, NAF wage area as an area of 
application. Because of downsizing associated with closures of Federal 
installations in San Francisco, the San Francisco wage area no longer 
has an installation with sufficient local personnel or financial 
resources to conduct local NAF wage surveys.

DATES: This interim rule is effective on November 30, 2003. OPM must 
receive comments by December 15, 2003.

ADDRESSES: Send or deliver comments to Donald J. Winstead, Deputy 
Associate Director for Pay and Performance Policy, Strategic Human 
Resources Policy Division, Office of Personnel Management, Room 7H31, 
1900 E Street NW., Washington, DC 20415-8200, e-mail [email protected], 
or FAX: (202) 606-4264.

FOR FURTHER INFORMATION CONTACT: Mark Allen, (202) 606-2838; e-mail 
[email protected], or FAX: (202) 606-4264.

SUPPLEMENTARY INFORMATION: San Francisco, CA, is presently defined as a 
separate wage area for pay-setting purposes for Federal blue-collar 
workers who are paid from nonappropriated funds. The Department of 
Defense (DOD) notified the Office of Personnel Management (OPM) earlier 
this year that the Federal activity that hosts local wage surveys in 
the San Francisco wage area, Fort Mason Officers' Club, has closed, and 
there is no other NAF employer in the wage area capable of hosting 
local wage surveys. San Francisco County no longer meets OPM's 
regulatory criteria to be established as a separate wage area. Under 5 
CFR 532.219, there must be at least 26 NAF FWS employees in a county 
for it to be established as an FWS wage area. The only remaining NAF 
employer in San Francisco County, the Department of Veterans Affairs 
Canteen Service, has fewer than the required 26 NAF FWS employees. 
Therefore, San Francisco County must be defined as an area of 
application to an existing NAF wage area for pay-setting purposes.
    OPM considers the following criteria when it combines two or more 
counties to constitute a single wage area:
    (1) Proximity of largest activity in each county;
    (2) Transportation facilities and commuting patterns; and
    (3) Similarities of the counties in:
    (i) Overall population;
    (ii) Private employment in major industry categories; and
    (iii) Kinds and sizes of private industrial establishments.
    In selecting a wage area to which San Francisco County should be 
redefined, proximity favors the Santa Clara, CA, NAF wage area. The 
transportation facilities criterion does not favor one wage area more 
than another. The commuting patterns criterion favors the Santa Clara 
wage area. A review of the population, employment, and industry 
criteria shows that San Francisco County is more similar to the Santa 
Clara than other nearby wage areas. Based on these findings, OPM is 
defining San Francisco County to the Santa Clara wage area as an area 
of application.
    OPM is abolishing the San Francisco wage area and defining San 
Francisco County to the Santa Clara wage area effective November 30, 
2003, the date that the next wage schedule for the San Francisco wage 
area would have become effective if the wage area continued as a 
separate wage area. Remaining NAF FWS employees in San Francisco County 
will continue to be paid from the current San Francisco wage schedule 
until November 30. After that date, the employees will be assigned to 
the wage schedule for the Santa Clara wage area. The Federal Prevailing 
Rate Advisory Committee, the national labor-management committee that 
advises OPM on matters affecting the pay of FWS employees, reviewed and 
recommended this wage area redefinition by majority vote.

Waiver of Notice of Proposed Rulemaking and Delayed Effective Date

    Pursuant to section 553(b)(3)(B) and (d)(3) of title 5, United 
States Code, I find that good cause exists for waiving the general 
notice of proposed rulemaking to accommodate changes necessitated by 
downsizing of the Federal workforce. The notice is being waived because 
it is necessary to abolish the present San Francisco wage area and 
redefine San Francisco County to the Santa Clara wage area as soon as 
possible because no Federal activity has the capability to conduct a 
local wage survey in the San Francisco wage area.

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.

Office of Personnel Management.
Kay Coles James,
Director.

0
Accordingly, the Office of Personnel Management is amending 5 CFR part 
532 as follows:

PART 532--PREVAILING RATE SYSTEMS

0
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.

[[Page 64494]]

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

0
2. Appendix B to subpart B is amended by removing, under the State of 
California, ``San Francisco.''

Appendix D to Subpart B of Part 532--[Amended]

0
3. Appendix D to subpart B is amended for the State of California by 
removing the wage area listing for San Francisco, California, and 
revising the wage area listing for Santa Clara, California, to read as 
follows:

 
                                * * * * *
 
 
                               CALIFORNIA
                                * * * * *
 
                               SANTA CLARA
 
                               Survey Area
California:
  Santa Clara
 
                 Area of application. Survey area plus:
California:
  Alameda
  Contra Costa
  San Franciso
  San Mateo
 
                                * * * * *
 

[FR Doc. 03-28466 Filed 11-13-03; 8:45 am]
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