[Federal Register Volume 73, Number 236 (Monday, December 8, 2008)]
[Proposed Rules]
[Pages 74374-74376]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-28916]


 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
 
 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.
 
 ========================================================================
 

  Federal Register / Vol. 73, No. 236 / Monday, December 8, 2008 / 
Proposed Rules  

[[Page 74374]]



OFFICE OF PERSONNEL MANAGEMENT

5 CFR Part 532

RIN 3206-AL76


Prevailing Rate Systems; Redefinition of the Little Rock, AR, 
Southern Missouri, and Tulsa, OK, Appropriated Fund Federal Wage System 
Wage Areas

AGENCY: U.S. Office of Personnel Management.

ACTION: Proposed rule with request for comments.

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

SUMMARY: The U.S. Office of Personnel Management is issuing a proposed 
rule that would redefine the geographic boundaries of the Little Rock, 
AR, Southern Missouri, and Tulsa, OK, appropriated fund Federal Wage 
System (FWS) wage areas. The proposed rule would redefine Crawford and 
Sebastian Counties, AR, from the Little Rock wage area to the Tulsa 
wage area and Madison County, AR, and McDonald County, MO, from the 
Southern Missouri wage area to the Tulsa wage area. These changes are 
based on recent consensus recommendations of the Federal Prevailing 
Rate Advisory Committee to best match the counties proposed for 
redefinition to a nearby FWS survey area. No other changes are proposed 
for the Little Rock, Southern Missouri, and Tulsa FWS wage areas.

DATES: We must receive comments on or before January 7, 2009.

ADDRESSES: Send or deliver comments to Charles D. Grimes III, Deputy 
Associate Director for Performance and Pay Systems, Strategic Human 
Resources Policy Division, U.S. 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 U.S. Office of Personnel Management 
(OPM) is issuing a proposed rule to redefine the Little Rock, AR, 
Southern Missouri, and Tulsa, OK, appropriated fund Federal Wage System 
(FWS) wage areas. This proposed rule would redefine Crawford and 
Sebastian Counties, AR, from the Little Rock wage area to the Tulsa 
wage area and Madison County, AR, and McDonald County, MO, from the 
Southern Missouri wage area to the Tulsa wage area.
    OPM considers the following regulatory criteria under 5 CFR 532.211 
when defining FWS wage area boundaries:
    (i) Distance, transportation facilities, and geographic features;
    (ii) Commuting patterns; and
    (iii) Similarities in overall population, employment, and the kinds 
and sizes of private industrial establishments.
    OPM recently completed reviews of the definitions of the 
Fayetteville-Springdale-Rogers, AR-MO and Fort Smith, AR-OK 
Metropolitan Statistical Areas (MSAs) and, based on analyses of the 
regulatory criteria for defining wage areas, is proposing the changes 
described below. The Federal Prevailing Rate Advisory Committee 
(FPRAC), the national labor-management committee responsible for 
advising OPM on matters concerning the pay of FWS employees, 
recommended these changes by consensus. FPRAC recommended no other 
changes in the geographic definitions of the Little Rock, Southern 
Missouri, and Tulsa wage areas. The affected employees in Crawford, 
Madison, and Sebastian Counties, AR, and McDonald County, MO, would be 
placed on the wage schedule for the Tulsa wage area on the first day of 
the first applicable pay period beginning on or after 30 days following 
publication of the final regulations.
    Fayetteville-Springdale-Rogers, AR-MO MSA: Benton, Madison, and 
Washington Counties, AR, and McDonald County, MO, comprise the 
Fayetteville-Springdale-Rogers, AR-MO MSA. The Fayetteville-Springdale-
Rogers MSA is split between the Little Rock, AR, Southern Missouri, and 
Tulsa, OK, wage areas. Madison County is part of the area of 
application of the Little Rock wage area, McDonald County is part of 
the area of application of the Southern Missouri wage area, and Benton 
and Washington Counties are part of the area of application of the 
Tulsa wage area.
    Based on an analysis of the regulatory criteria for Washington 
County, the location of the main population center in the Fayetteville-
Springdale-Rogers MSA, we recommend that the entire Fayetteville-
Springdale-Rogers MSA be defined to the Tulsa wage area. The distance 
criterion for Washington County favors the Tulsa wage area more than 
Little Rock or Southern Missouri wage areas. All other criteria are 
inconclusive. We believe our regulatory analysis findings indicate that 
Washington County is appropriately defined to the Tulsa wage area. OPM 
regulations at 5 CFR 532.211 permit splitting MSAs only in very unusual 
circumstances (e.g., organizational relationships among closely located 
Federal activities). There appear to be no unusual circumstances that 
would permit splitting the Fayetteville-Springdale-Rogers MSA. To 
comply with OPM regulations not to split MSAs, Madison and McDonald 
Counties would be redefined to the Tulsa wage area. The remaining 
county in the Fayetteville-Springdale-Rogers MSA, Benton County, is 
already defined to the Tulsa wage area.
    Fort Smith, AR-OK MSA: Crawford, Franklin, and Sebastian Counties, 
AR, and Le Flore and Sequoyah Counties, OK, comprise the Fort Smith, 
AR-OK MSA. The Fort Smith MSA is split between the Little Rock, AR, 
wage area and the Tulsa, OK, wage area. Crawford, Franklin, and 
Sebastian Counties are part of the area of application of the Little 
Rock wage area, and Le Flore and Sequoyah Counties are part of the area 
of application of the Tulsa wage area.
    Based on an analysis of the regulatory wage area criteria in 5 CFR 
532.211, we recommend that Crawford and Sebastian Counties be redefined 
to the Tulsa area of application. The distance criterion favors the 
Tulsa wage area more than the Little Rock wage area. All other criteria 
are inconclusive. Based on the mixed nature of our regulatory analysis 
findings, there is no clear indication that Crawford or Sebastian 
Counties should be placed in a different FWS wage area. However, since 
OPM regulations at 5 CFR 532.211 permit splitting MSAs only in very 
unusual circumstances (e.g., organizational relationships among closely 
located Federal activities) and the Fort Smith

[[Page 74375]]

MSA is adjacent to the Tulsa survey area but not adjacent to the Little 
Rock survey area, we recommend that Crawford and Sebastian Counties be 
redefined to the Tulsa wage area.
    Based on an analysis of the regulatory wage area criteria, we 
recommend that Franklin County remain part of the Little Rock area of 
application. When measuring from cities, the distance criterion favors 
the Little Rock wage area. When measuring from host installations, the 
distance criterion favors the Tulsa wage area. All other criteria are 
inconclusive. Based on our regulatory analysis findings, there is no 
clear indication that Franklin County should be placed in a different 
FWS wage area. In addition, the western part of the Ozark National 
Forest is located in portions of Crawford and Franklin Counties. There 
are no FWS employees working in Crawford County, but there are nine FWS 
Forest Service employees working in Franklin County. OPM regulations at 
5 CFR 532.211 permit splitting MSAs in unusual circumstances. Since 
there are FWS Forest Service employees working at Ozark National Forest 
locations in closely located counties, we recommend that Franklin 
County remain defined to the Little Rock wage area. This would continue 
to provide equal pay treatment for FWS employees with employment 
locations in the Forest.

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.

U.S. Office of Personnel Management.
Michael W. Hager,
Acting Director.

    Accordingly, the U.S. Office of Personnel Management is proposing 
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 C to subpart B, the wage area listing for the State 
of Arkansas is amended by revising the listing for Little Rock; for the 
State of Missouri, by revising the listing for Southern Missouri, and 
for the State of Oklahoma, by revising the listing for Tulsa, to read 
as follows:

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

* * * * *

                                Arkansas
 
                               Little Rock
 
                               Survey Area
 
Arkansas:
  Jefferson
  Pulaski
  Saline
 
                 Area of Application. Survey area plus:
 
Arkansas:
  Arkansas
  Ashley
  Baxter
  Boone
  Bradley
  Calhoun
  Chicot
  Clay
  Clark
  Cleburne
  Cleveland
  Conway
  Dallas
  Desha
  Drew
  Faulkner
  Franklin
  Fulton
  Garland
  Grant
  Greene
  Hot Spring
  Independence
  Izard
  Jackson
  Johnson
  Lawrence
  Lincoln
  Logan
  Lonoke
  Marion
  Monroe
  Montgomery
  Newton
  Ouachita
  Perry
  Phillips
  Pike
  Polk
  Pope
  Prairie
  Randolph
  Scott
  Searcy
  Sharp
  Stone
  Union
  Van Buren
  White
  Woodruff
  Yell
 
                                * * * * *
                                Missouri
 
                                * * * * *
                            Southern Missouri
                               Survey Area
 
Missouri:
  Christian
  Greene
  Laclede
  Phelps
  Pulaski
  Webster
 
                 Area of Application. Survey area plus:
Missouri:
  Barry
  Barton
  Benton
  Bollinger
  Butler
  Camden
  Cape Girardeau
  Carter
  Cedar
  Dade
  Dallas
  Dent
  Douglas
  Hickory
  Howell
  Iron
  Jasper
  Lawrence
  Madison
  Maries
  Miller
  Mississippi
  Moniteau
  Morgan
  New Madrid
  Newton
  Oregon
  Ozark
  Perry
  Polk
  Reynolds
  Ripley
  St. Clair
  Scott
  Shannon
  Stoddard
  Stone
  Taney
  Texas
  Vernon
  Wayne
  Wright
 
Kansas:
  Cherokee
  Crawford
 
                                * * * * *
                                Oklahoma
 
                                * * * * *
                                  Tulsa
 
                               Survey Area
Oklahoma:
  Creek
  Mayes
  Muskogee
  Osage
  Pittsburg
  Rogers
  Tulsa
  Wagoner
 
                 Area of Application. Survey area plus:
 
Oklahoma:

[[Page 74376]]

 
  Adair
  Cherokee
  Choctaw
  Craig
  Delaware
  Haskell
  Kay
  Latimer
  Le Flore
  McCurtain
  McIntosh
  Nowata
  Okfuskee
  Okmulgee
  Ottawa
  Pawnee
  Pushmataha
  Sequoyah
  Washington
 
Arkansas:
  Benton
  Carroll
  Crawford
  Madison
  Sebastian
  Washington
 
Missouri:
  McDonald
 

* * * * *
[FR Doc. E8-28916 Filed 12-5-08; 8:45 am]
BILLING CODE 6325-39-P