[Federal Register Volume 70, Number 161 (Monday, August 22, 2005)]
[Proposed Rules]
[Pages 48899-48900]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-16593]


 ========================================================================
 Proposed Rules
                                                 Federal Register
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
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  Federal Register / Vol. 70, No. 161 / Monday, August 22, 2005 / 
Proposed Rules  

[[Page 48899]]



OFFICE OF PERSONNEL MANAGEMENT

5 CFR Part 532

RIN 3206-AK91


Prevailing Rate Systems; Redefinition of the Adams-Denver, CO; 
Nonappropriated Fund Wage Area

AGENCY: Office of Personnel Management.

ACTION: Proposed rule with request for comments.

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SUMMARY: The Office of Personnel Management is issuing a proposed rule 
that would remove Adams County, CO, from the Adams-Denver, CO, Federal 
Wage System (FWS) nonappropriated fund (NAF) wage area and redefine 
Arapahoe County, CO, from the area of application to the survey area. 
In addition, we propose to change the name of the Adams-Denver FWS NAF 
wage area to Arapahoe-Denver. These changes are necessary because the 
closure of Fitzsimons Army Medical Center in Adams County left the 
Adams-Denver survey area without a host activity to conduct local NAF 
wage surveys.

DATES: We must receive comments on or before September 21, 2005.

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: Madeline Gonzalez, (202) 606-2838; e-
mail [email protected]; or fax: (202) 606-4264.

SUPPLEMENTARY INFORMATION: The Adams-Denver, CO, Federal Wage System 
(FWS) nonappropriated fund (NAF) wage area is presently composed of two 
survey area counties, Adams and Denver Counties, CO, and two area of 
application counties, Arapahoe and Mesa Counties, CO. The Department of 
Defense (DOD) requested that the Office of Personnel Management (OPM) 
remove Adams County from the wage area, redefine Arapahoe County as 
part of the survey area, and change the Adams-Denver wage area's name 
to Arapahoe-Denver. These changes are necessary because the closure of 
Fitzsimons Army Medical Center in Adams County left the Adams-Denver 
survey area without an activity having the capability to conduct a 
local wage survey.
    The closure of Fitzsimons Army Medical Center left Adams County 
with no FWS NAF employment. Under 5 U.S.C. 5343(a)(1)(B)(i), NAF wage 
areas ``shall not extend beyond the immediate locality in which the 
particular prevailing rate employees are employed.'' Therefore, Adams 
County should not be defined as part of an NAF wage area.
    Under 5 CFR 532.219, OPM may establish an NAF wage area when a 
minimum of 26 NAF wage employees are employed in a survey area, a local 
activity has the capability to host annual local wage surveys, and 
sufficient private employment exists within the survey area to provide 
adequate data for establishing an NAF wage schedule. While the 
remaining survey county, Denver County, has the overall population and 
private industry employment to support a survey, it does not have 
sufficient FWS NAF employment to qualify as a survey area or an 
activity with the capability to host annual local wage surveys. 
Therefore, Denver County cannot be defined as the sole survey county 
for the wage area.
    After the closure of Fitzsimons Army Medical Center, the Army and 
Air Force Exchange Service (AAFES) Denver Exchange was relocated to 
Buckley Air Force Base (AFB) in Arapahoe County. There are 37 FWS NAF 
employees working in Arapahoe County, and Buckley AFB has the 
capability to conduct a local wage survey. DOD has requested that 
Arapahoe County be defined as part of the survey area. By adding 
Arapahoe County to the survey area, the wage area continues to meet 
OPM's regulatory criteria to be a separate NAF wage area. There are 
about 58 FWS NAF employees working in the survey area, and the area has 
a local activity, Buckley AFB, with the capability to conduct a local 
wage survey. Arapahoe and Denver Counties also meet the regulatory 
requirement of having a minimum of 1,800 private enterprise employees 
in establishments within the survey specifications. The name of the 
wage area would be Arapahoe-Denver, CO. The Arapahoe-Denver wage area 
would consist of two survey counties, Arapahoe and Denver Counties, CO, 
and one area of application county, Mesa County, CO.
    These changes would be effective for the next full-scale wage 
survey in the Arapahoe-Denver wage area, which is scheduled to begin in 
January 2006.
    The Federal Prevailing Rate Advisory Committee (FPRAC), the 
national labor-management committee that advises OPM on FWS pay 
matters, reviewed and recommended these changes by consensus.

Regulatory Flexibility Act

    I certify that these regulations would not have a significant 
economic impact on a substantial number of small entities because they 
would 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.
Linda M. Springer,
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. In appendix D to subpart B, the wage area listing for the State 
of Colorado is amended by revising the listing for Adams-Denver to read 
as follows:

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

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[[Page 48900]]

COLORADO

Arapahoe-Denver

Survey Area

Colorado:
    Arapahoe
    Denver

Area of Application. Survey area plus:

Colorado:
    Mesa
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[FR Doc. 05-16593 Filed 8-19-05; 8:45 am]
BILLING CODE 6325-39-P