[Federal Register Volume 74, Number 22 (Wednesday, February 4, 2009)]
[Proposed Rules]
[Pages 6003-6004]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-2392]


 ========================================================================
 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. 74, No. 22 / Wednesday, February 4, 2009 / 
Proposed Rules  

[[Page 6003]]



OFFICE OF PERSONNEL MANAGEMENT

5 CFR Part 532

RIN 3206-AL79


Prevailing Rate Systems; Redefinition of the Fresno and Stockton, 
CA, 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 Fresno and 
Stockton, CA, appropriated fund Federal Wage System (FWS) wage areas. 
The proposed rule would redefine Mariposa and Merced Counties and the 
Yosemite National Park portion of Madera and Tuolumne Counties, CA, to 
the Stockton 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.

DATES: We must receive comments on or before March 6, 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 Fresno and Stockton, 
CA, appropriated fund Federal Wage System (FWS) wage areas. This 
proposed rule would redefine Mariposa and Merced Counties and the 
Yosemite National Park portion of Madera and Tuolumne Counties, CA, 
from the Fresno wage area to the Stockton 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.
    Mariposa County is currently defined to the Fresno area of 
application. Based on our analysis of the regulatory criteria for 
defining appropriated fund wage area boundaries, we find that Mariposa 
County would be more appropriately defined as part of the Stockton area 
of application. When measuring from cities, the distance criterion does 
not favor one wage area more than another. When measuring from host 
installations, the distance criterion favors the Stockton wage area. 
The transportation facilities and geographic features criteria favor 
the Stockton wage area more than the Fresno wage area. Information from 
local employees indicates that at certain times roads from the south 
are blocked due to floods or rockslides, while routes from the north 
remain open. All other criteria are inconclusive. An additional factor 
to weigh in the decision to redefine Mariposa County is that the 
Department of the Interior (DOI) believes that recent economic 
developments in the area indicate some linkage between Mariposa County 
and the Stockton wage area.
    Merced County is currently defined to the Fresno area of 
application. Our analysis of the regulatory criteria indicates that 
Merced County would be more appropriately defined as part of the 
Stockton wage area. The distance criterion favors the Stockton wage 
area more than the Fresno wage area. Merced County has a similar 
distribution of surveyable employment to the Stockton survey area. All 
other criteria are inconclusive. Although a standard review of 
regulatory criteria shows that most factors are inconclusive, distance 
does favor Stockton.
    Tuolumne County, except for the Yosemite National Park portion, is 
currently defined to the Stockton area of application. The distance 
criterion for Tuolumne County favors the Stockton wage area more than 
the Fresno wage area. All other criteria are inconclusive. We believe 
that the mixed nature of our regulatory analysis findings indicate that 
Tuolumne County is appropriately defined to the Stockton wage area. DOI 
officials have requested that OPM consider redefining Yosemite National 
Park to the Stockton wage area. Because we are proposing to redefine 
Mariposa County to the Stockton wage area and because of the geographic 
proximity of Tuolumne County to the Stockton wage area, we propose that 
the portion of Tuolumne County occupied by Yosemite National Park be 
part of the Stockton wage area. This change would place the entire 
Tuolumne County in the Stockton wage area.
    Madera County is currently defined to the Fresno area of 
application. Our analysis of the regulatory criteria indicates that 
Madera County is appropriately defined to the Fresno wage area. The 
distance and commuting patterns criteria for Madera County favors the 
Fresno wage area more than the Stockton wage area. However, DOI 
officials have requested that OPM consider redefining Yosemite National 
Park to the Stockton wage area. Because we are proposing that Mariposa 
County and the Yosemite National Park portion of Tuolumne County be 
redefined to the Stockton wage area and because we believe Yosemite 
National Park should not be split between the Fresno and the Stockton 
wage areas, we also propose that the portion of Madera County occupied 
by Yosemite National Park be part of the Stockton wage area. The 
remaining portion of Madera County would continue to be part of the 
Fresno wage area. We believe the distance and commuting patterns 
criteria indicate that the remaining locations in Madera County remain 
appropriately defined to the Fresno wage area. The Devils Postpile 
National Monument within Madera County would remain in the Reno, NV, 
wage area.
    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. The affected employees in Mariposa and Merced Counties 
and the Yosemite National Park portion of Madera and Tuolumne Counties 
would

[[Page 6004]]

be placed on the wage schedule for the Stockton wage area on the first 
day of the first applicable pay period beginning on or after 30 days 
following publication of the final regulations.

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.
Kathie Ann Whipple,
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 California is amended by revising the listings for Fresno and 
Stockton, to read as follows:

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

* * * * *

                               CALIFORNIA
                                 Fresno
                               Survey Area
California:
  Fresno
  Kings
  Tulare
                 Area of Application. Survey area plus:
California:
  Kern (Does not include China Lake Naval Weapons Center, Edwards Air
   Force Base, and portions occupied by Federal activities in Boron
   (City).)
  Madera (Does not include Devils Postpile National Monument and
   Yosemite National Park portions.)
 
                                * * * * *
                                Stockton
                               Survey Area
California:
  San Joaquin
                 Area of Application. Survey area plus:
California:
  Calaveras
  Madera (Only includes Yosemite National Park portion.)
  Mariposa
  Merced
  Stanislaus
  Tuolumne
 
                                * * * * *
 

[FR Doc. E9-2392 Filed 2-3-09; 8:45 am]
BILLING CODE 6325-39-P